1.1 	A bill for an act
1.2 	relating to solid waste; clarifying recycling goals and the distribution of state 
1.3 	funding for solid waste purposes with respect to solid waste management districts; 
1.4 	modifying provisions for establishing and operating solid waste management 
1.5 	districts;amending Minnesota Statutes 2024, sections 115A.03, subdivision 32; 
1.6 	115A.551, by adding a subdivision; 115A.557, by adding a subdivision; 115A.63; 
1.7 	115A.65; 115A.68; 115A.69; 115A.70, subdivision 8; 115A.71; 115A.72; 115A.82; 
1.8 	473.8441, by adding a subdivision; proposing coding for new law in Minnesota 
1.9 	Statutes, chapter 115A; repealing Minnesota Statutes 2024, sections 115A.62; 
1.10 	115A.64, subdivisions 1, 2, 3, 5; 115A.66; 115A.67; 115A.715; Minnesota Statutes 
1.11 	2025 Supplement, section 115A.64, subdivisions 4, 6.
1.12 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.13 	Section 1. Minnesota Statutes 2024, section 115A.03, subdivision 32, is amended to read:
1.14 		Subd. 32.Solid waste management district or waste district. "Solid waste management 
1.15 	district" or "waste district" means a geographic area extending into two or more counties 
1.16 	in which the management of solid waste is vested in a special district established pursuant 
1.17 	to sections 115A.62 to 115A.72 under section 115A.641.

1.18 	EFFECTIVE DATE. This section is effective the day following final enactment.

1.19 	Sec. 2. Minnesota Statutes 2024, section 115A.551, is amended by adding a subdivision 
1.20 	to read:
1.21 		Subd. 2b.Solid waste management district; recycling goal. The recycling goal of a 
1.22 	solid waste management district established under section 115A.641 is the same percentage 
1.23 	as the goals of the counties that compose the district, as established in subdivision 2a. If the 
1.24 	district is comprised of both metropolitan and nonmetropolitan counties, the districtwide 
1.25 	goal is the goal assigned to metropolitan counties in subdivision 2a.

2.1 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.2 	Sec. 3. Minnesota Statutes 2024, section 115A.557, is amended by adding a subdivision 
2.3 	to read:
2.4 		Subd. 1a.Solid waste management district. The commissioner must distribute funds 
2.5 	under this section to a solid waste management district established under section 115A.641 
2.6 	in an amount equal to the sum that would otherwise have been distributed to the individual 
2.7 	counties, or portions thereof, that compose the district.

2.8 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.9 	Sec. 4. [115A.61] DEFINITIONS.
2.10 		Subdivision 1.Scope. For purposes of sections 115A.61 to 115A.73, the following terms 
2.11 	have the meanings given.
2.12 		Subd. 2.Board. "Board" means the board of directors governing a district.
2.13 		Subd. 3.District. "District" means a solid waste management district established under 
2.14 	section 115A.641.
2.15 		Subd. 4.Member county. "Member county" means a county that is wholly or partly 
2.16 	located within the jurisdiction of a district.

2.17 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.18 	Sec. 5. Minnesota Statutes 2024, section 115A.63, is amended to read:
2.19 	115A.63 SOLID WASTE MANAGEMENT DISTRICTS.
2.20 		Subdivision 1.Legal status. Solid waste management districts established pursuant to 
2.21 	sections 115A.62 to 115A.72 shall be under section 115A.641 are public corporations and 
2.22 	political subdivisions of the state.
2.23 		Subd. 2.Establishment. The commissioner Counties may establish waste districts as 
2.24 	public corporations and political subdivisions of the state, define the powers of such districts 
2.25 	in accordance with sections 115A.62 to 115A.72, define and alter the boundaries of the 
2.26 	districts as provided in section 115A.64 sections 115A.641 and 115A.643, and terminate 
2.27 	districts as provided in section 115A.66 115A.73. The commissioner shall promulgate rules 
2.28 	pursuant to chapter 14 governing the establishment, alteration, and termination of districts.
2.29 	The commissioner must assist counties in establishing districts.
3.1 		Subd. 3.Restrictions. No waste district shall may be established within the boundaries 
3.2 	of the Western Lake Superior Sanitary District established under chapter 458D. No waste 
3.3 	district shall be established or wholly within one county. The commissioner shall not establish 
3.4 	a waste district within or extending into the metropolitan area, nor define or alter the powers 
3.5 	or boundaries of a district, unless the articles of incorporation of the district require that the 
3.6 	district will have the same procedural and substantive responsibilities, duties, and relationship 
3.7 	to the metropolitan agencies as a metropolitan county. The commissioner shall require the 
3.8 	completion of a comprehensive solid waste management plan conforming to the requirements 
3.9 	of section 115A.46, by petitioners seeking to establish a district.

3.10 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.11 	Sec. 6. [115A.641] ESTABLISHING DISTRICT; PROCEDURE.
3.12 		Subdivision 1.Joint resolution of intent. A district may be proposed by a joint resolution 
3.13 	of intent adopted by the governing body of each proposed member county. The joint 
3.14 	resolution must, at a minimum:
3.15 	(1) name the proposed district;
3.16 	(2) name the proposed member counties to be included in the district and designate a 
3.17 	county to lead development of the joint resolution;
3.18 	(3) describe the benefits the proposed member counties hope to gain by establishing a 
3.19 	district;
3.20 	(4) direct the proposed member counties to jointly prepare a transition plan for the district 
3.21 	that satisfies the requirements of subdivision 2; and
3.22 	(5) describe the sources and amounts of funding that have been negotiated by the proposed 
3.23 	member counties for the cost of preparing the transition plan.
3.24 		Subd. 2.Transition plan contents. (a) Counties proposing to establish a district must 
3.25 	jointly prepare a draft transition plan that contains, at a minimum:
3.26 	(1) the name of the proposed district and the location of its registered office;
3.27 	(2) a description of the territory and counties wholly or partly within the boundaries of 
3.28 	the proposed district and a map showing the district boundaries;
3.29 	(3) resolutions of intent to establish the proposed district adopted by the governing body 
3.30 	of each proposed member county under subdivision 1;
4.1 	(4) evidence that each proposed member county is operating under a solid waste 
4.2 	management plan approved by the commissioner;
4.3 	(5) a statement describing how the proposed district will further the state's solid waste 
4.4 	management policies and purposes expressed in section 115A.02;
4.5 	(6) a discussion of the role county solid waste employees may play in staffing the 
4.6 	proposed district;
4.7 	(7) a list and description of solid waste management facilities and services operating in 
4.8 	the proposed district, identified as public, private, or county-owned;
4.9 	(8) for each proposed member county, a list of the following documents and a schedule 
4.10 	for their transfer to the district for implementation:
4.11 	(i) solid waste management plans;
4.12 	(ii) designation plans;
4.13 	(iii) solid waste management ordinances;
4.14 	(iv) state and local permits held by county-owned facilities; and
4.15 	(v) existing contracts with private parties for waste management services;
4.16 	(9) a description of how the district will ensure the continued operation of county-owned 
4.17 	solid waste facilities located in the proposed district and a schedule for transferring their 
4.18 	ownership to the district;
4.19 	(10) a list of proposed member county solid waste funding sources and finances, 
4.20 	remaining principal and debt service on outstanding county solid waste management bonds, 
4.21 	and other county financial obligations related to solid waste proposed for transfer to the 
4.22 	district;
4.23 	(11) a list and schedule of unified districtwide ordinances the district proposes to adopt;
4.24 	(12) draft articles of incorporation; and
4.25 	(13) any known items that remain to be agreed upon by the proposed member counties.
4.26 	(b) The commissioner must assist counties in preparing a transition plan.
4.27 		Subd. 3.Public hearing. (a) Each proposed member county must hold a public hearing 
4.28 	in its jurisdiction to receive public comments on the draft transition plan.
4.29 	(b) Each county must publish a notice of its public hearing in a newspaper of general 
4.30 	circulation in the county and must post the notice on the county's website at least 15 days 
5.1 	but no more than 45 days before the date of the public hearing. At the same time, the county 
5.2 	must mail the notice to the governing body of each city and town within the county.
5.3 	(c) In addition to comments a county receives at the public hearing, each proposed 
5.4 	member county must also accept comments in written or electronic form that are received 
5.5 	up to ten days after the date of the public hearing.
5.6 	(d) No later than 30 days after its public hearing, each member county must prepare a 
5.7 	final transition plan, revised as needed, and a copy of responses to comments received.
5.8 		Subd. 4.District establishment. (a) Each proposed member county must adopt a joint 
5.9 	resolution establishing the district, which must include:
5.10 	(1) approval of the proposed district's final transition plan;
5.11 	(2) approval of the proposed district's articles of incorporation; and
5.12 	(3) authorization to file the articles of incorporation with the secretary of state.
5.13 	(b) Each proposed member county must file a copy of the joint resolution of intent and 
5.14 	the articles of incorporation, certified by the county's recording officer, with the secretary 
5.15 	of state.
5.16 	(c) The secretary of state's issuance of a certificate of incorporation serves as conclusive 
5.17 	evidence of the legal organization and establishment of a district.

5.18 	EFFECTIVE DATE. This section is effective the day following final enactment.

5.19 	Sec. 7. [115A.642] TRANSITION.
5.20 	(a) Until the board has approved a solid waste management plan for a district, the district 
5.21 	must adopt and enforce the solid waste management plans and ordinances, including waste 
5.22 	designation plans and ordinances, operating in each member county at the time of the 
5.23 	district's establishment.
5.24 	(b) By a date specified in its bylaws, a district must submit a solid waste management 
5.25 	plan that meets the requirements of section 115A.46 to the commissioner for approval. A 
5.26 	district is subject to the same provisions of sections 115A.42 to 115A.46 as are counties, 
5.27 	unless the district's boundaries are wholly contained within the metropolitan area, in which 
5.28 	case the district's solid waste management plan and its administration by the commissioner 
5.29 	are subject to section 473.149.
5.30 	(c) A district is responsible for administering the transfer of county solid waste plans, 
5.31 	ordinances, facilities, debt, and other county solid waste functions and authorities necessary 
6.1 	to the efficient operation of the district, including existing contracts with private vendors 
6.2 	that may need to be newly executed.

6.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

6.4 	Sec. 8. [115A.643] ALTERING DISTRICT BOUNDARIES; PROCEDURE.
6.5 	(a) The board of commissioners of a county or counties proposing to alter a district's 
6.6 	boundaries must:
6.7 	(1) adopt a resolution stating the nature of the alteration and the expected benefits to be 
6.8 	realized by both the county or counties proposing the alteration and the district; and
6.9 	(2) submit to the district's board of directors a document containing all the elements 
6.10 	required under section 115A.641, subdivision 2, with respect to the county or counties 
6.11 	proposing the alteration.
6.12 	(b) After reviewing the documents submitted under paragraph (a), if the district board 
6.13 	approves of the alteration, it must adopt a resolution to that effect.
6.14 	(c) The district and each county proposing an alteration must hold a public hearing in 
6.15 	their respective jurisdictions to receive public comments on the resolution adopted under 
6.16 	paragraphs (a) and (b). At least 15 days but no more than 45 days before the hearing, each 
6.17 	existing and proposed member county must post a notice of the hearing on its website. The 
6.18 	board must publish notice in a newspaper of general circulation in each existing and proposed 
6.19 	member county and must mail notice to the governing body of each city and town within 
6.20 	the proposed altered district boundaries. In addition to comments received at the public 
6.21 	hearing, the district and each county must also accept comments in written or electronic 
6.22 	form that are received up to ten days after the public hearing. No later than 30 days after 
6.23 	the public hearing, each county must submit to the district a copy of responses to comments 
6.24 	received.
6.25 	(d) The district board may amend or withdraw its resolution approving the alteration 
6.26 	based on the public comments received by the district and from the counties.
6.27 	(e) If the district board confirms its approval of the alteration, it must amend the district's 
6.28 	articles of incorporation accordingly and submit both the resolution approving the alteration 
6.29 	and the revised articles of incorporation to the secretary of state.

6.30 	EFFECTIVE DATE. This section is effective the day following final enactment.

7.1 	Sec. 9. Minnesota Statutes 2024, section 115A.65, is amended to read:
7.2 	115A.65 PERPETUAL EXISTENCE.
7.3 	A waste district created established under the provisions of sections 115A.62 to 115A.72
7.4 	shall havesection 115A.641 has perpetual existence to the extent necessary to perform all 
7.5 	acts necessary and proper for carrying out and exercising the powers and duties expressly 
7.6 	given in it. A district shall not may be terminated except pursuant to only by following the 
7.7 	procedures of section 115A.66 115A.73.

7.8 	EFFECTIVE DATE. This section is effective the day following final enactment.

7.9 	Sec. 10. [115A.661] ORGANIZATION OF DISTRICT.
7.10 		Subdivision 1.Board of directors. A district's board of directors must be comprised 
7.11 	entirely of elected county commissioners and have at least five members. The board of 
7.12 	county commissioners of each member county must appoint one or more of their members 
7.13 	as a board director. After each member county appoints one director, the appointment of 
7.14 	additional directors necessary to achieve the desired total number of directors must be made 
7.15 	by member counties based on their population.
7.16 		Subd. 2.Terms. The board must stagger the terms of the directors appointed initially 
7.17 	under subdivision 1 so that, so far as is practicable, one-third of the directors have a term 
7.18 	of one year, one-third have a term of two years, and one-third have a term of three years. 
7.19 	All directors subsequently appointed have a term of three years.
7.20 		Subd. 3.Vacancy. A board vacancy must be filled by appointment of a director by the 
7.21 	appropriate board of county commissioners to complete the remaining term of the director 
7.22 	creating the vacancy.
7.23 		Subd. 4.Bylaws. The board must approve bylaws by majority vote. The bylaws must 
7.24 	address, at a minimum:
7.25 	(1) the manner and time of calling regular board meetings;
7.26 	(2) the manner of removing a director;
7.27 	(3) the powers and duties of the board consistent with sections 115A.61 to 115A.73;
7.28 	(4) the definition of a quorum for board meetings, which must not be less than a majority 
7.29 	of directors;
7.30 	(5) compensation and reimbursement for expenses for directors, which may not exceed 
7.31 	that provided under section 15.0575, subdivision 3; and
8.1 	(6) other provisions regulating the affairs of the district that the board determines are 
8.2 	necessary.

8.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

8.4 	Sec. 11. Minnesota Statutes 2024, section 115A.68, is amended to read:
8.5 	115A.68 REGISTERED OFFICE.
8.6 	Every district shall must maintain an office in this state located within the district to be 
8.7 	known as its registered office. When A district desires to may change the location of its 
8.8 	registered office, it shall file with the secretary of state and the commissioner of the agency,
8.9 	by filing a certificate stating with the secretary of state and the commissioner specifying 
8.10 	the new location by city, town, or other community and the effective date of change. When 
8.11 	the certificate has been duly filed, the board of directors may make the change without any 
8.12 	further action.

8.13 	EFFECTIVE DATE. This section is effective the day following final enactment.

8.14 	Sec. 12. Minnesota Statutes 2024, section 115A.69, is amended to read:
8.15 	115A.69 POWERS.
8.16 		Subdivision 1.General. A district shall have all powers necessary or convenient to 
8.17 	perform its duties, including the powers provided in this section. A district has all the 
8.18 	authority and responsibilities for solid waste management purposes that is given to counties 
8.19 	under this chapter and chapters 400 and 473, as applicable.
8.20 		Subd. 2.Actions. The A district may sue and be sued, and shall be may exercise the 
8.21 	rights and authorities of a public body within the meaning of chapter 562.
8.22 		Subd. 3.Acquiring property. The (a) A district may acquire by purchase, lease, 
8.23 	condemnation, gift, or grant, any right, title, and interest in and to real or personal property 
8.24 	deemed necessary for the to exercise of its powers or the accomplishment of to accomplish
8.25 	its purposes, including positive and negative easements and water and air rights.
8.26 	(b) Any local government unit and the commissioners of transportation, natural resources, 
8.27 	and administration may convey to or permit the use of any property or facilities by the 
8.28 	district, subject to the rights of the holders of any bonds issued with respect thereto for the 
8.29 	property or facilities, with or without compensation and without an election or approval by 
8.30 	any other government agency. The A district may hold the property for its purposes, and
8.31 	or may lease or rent the property so far as not needed for its purposes, upon the terms and 
8.32 	in the manner as it deems advisable.
9.1 	The (c) A district's right to acquire lands and property rights by condemnation shall be 
9.2 	exercised in accordance with is governed by chapter 117. The district may take possession 
9.3 	of any property for which condemnation proceedings have been commenced at any time 
9.4 	after the issuance of a court order appointing commissioners for its condemnation.
9.5 		Subd. 4.Right of entry. Whenever the district deems it necessary to the accomplishment 
9.6 	of its purposes, the district or any member, employee, or agent thereof, when authorized by 
9.7 	it, may enter upon any property, public or private, for the purpose of obtaining information 
9.8 	or conducting surveys or investigations, provided that the entrance and activity is undertaken 
9.9 	after reasonable notice and during normal business hours and provided that compensation 
9.10 	is made for any damage to the property caused by the entrance and activity.
9.11 		Subd. 5.Gifts and grants. The A district may apply for and accept gifts, loans, or other 
9.12 	property from the United States, the state, or any person for any of its purposes,; may enter 
9.13 	into any necessary related agreement required in connection therewith,; and may hold, use, 
9.14 	and dispose of the money or property in accordance with the terms of the gift, grant, loan,
9.15 	or agreement.
9.16 		Subd. 6.Property exempt from taxation. Any real or personal property owned, used, 
9.17 	or occupied by the a district for any authorized purpose is declared to be acquired, owned, 
9.18 	used, and occupied for public and governmental purposes, and shall be exempted is exempt
9.19 	from taxation by the state or any political subdivision of the state, except to the extent that 
9.20 	the property is subject to the sales and use tax under chapter 297A, provided that those 
9.21 	properties shall be are subject to special assessments levied by a political subdivision for a 
9.22 	local improvement in amounts proportionate to and not exceeding the special benefit received 
9.23 	by the properties from the improvement. No possible Only use of the properties in any 
9.24 	manner different from their use for solid waste management purposes at the time shall be
9.25 	is considered in determining the special benefit received by the properties.
9.26 		Subd. 7.Facilities and services. The A district may construct, equip, develop, enlarge, 
9.27 	improve, and operate solid waste facilities and services as it deems necessary and may 
9.28 	negotiate contracts for the use of public or private facilities and services. The A district 
9.29 	shall must contract with private persons for the construction, maintenance, and operation 
9.30 	of to construct, maintain, and operate facilities and services where the facilities and services
9.31 	that are adequate and, available for use, and competitive with other means of providing the 
9.32 	same service.
9.33 		Subd. 8.Rates; charges. The A district may establish and collect rates and charges for 
9.34 	the facilities and services provided by the district it provides and may negotiate and collect 
10.1 	rates and charges for facilities and services contracted for by the district provided under 
10.2 	contract. The board of directors of the district may agree with the holders of district 
10.3 	obligations which are secured by revenues of the district as to the maximum or minimum 
10.4 	amounts which the district shall charge and collect for services provided by the district. 
10.5 	Before establishing or raising any rates and charges, the board of directors shall hold a 
10.6 	public hearing regarding the proposed rates and charges. Notice of the hearing shall be 
10.7 	published at least once in a legal newspaper of general circulation throughout the area 
10.8 	affected by the rates and charges. Publication shall be no more than 45 days and no less 
10.9 	than 15 days prior to the date of the hearing.
10.10 		Subd. 9.Disposition of property. The A district may sell or otherwise dispose of any 
10.11 	real or personal property acquired by it which is no longer required for accomplishment of
10.12 	to accomplish its purposes. The property shall must be sold in the manner provided by 
10.13 	section 469.065, insofar as practical. The district shall must give appropriate notice of sale 
10.14 	which it deems appropriate. When the a district determines that any property which has 
10.15 	been acquired from a government unit without compensation is no longer required, the 
10.16 	district shall must transfer it to the government unit.
10.17 		Subd. 10.Disposition of products and energy. The A district may use, sell, or otherwise 
10.18 	dispose of all of the products and energy produced by its facilities. Section 471.345shall
10.19 	does not apply to the sale of products and energy. The district shall must give particular 
10.20 	consideration preference to the needs of purchasers in this state and shall actively promote 
10.21 	sales to such purchasers so long as this can be done at, provided that such preference 
10.22 	conforms with prices and under conditions that meet constitutional requirements and that 
10.23 	are is consistent with the district's object of being financially self supporting to the greatest 
10.24 	extent possible.
10.25 		Subd. 11.Contracts. The A district may enter into any contract necessary or proper for 
10.26 	the to exercise of its powers or the accomplishment of accomplish its purposes, including 
10.27 	contracting with a county or counties for enforcement activities and contracting with private 
10.28 	entities to purchase goods or services.
10.29 		Subd. 12.Joint powers. The A district may act under the provisions of section 471.59,
10.30 	or any other law providing for joint or cooperative action between government units.
10.31 		Subd. 13.Research. The A district may conduct research studies and programs,; collect 
10.32 	and analyze data,; prepare reports, maps, charts, and tables,; and conduct all necessary 
10.33 	hearings and investigations in connection with its work and may advise and assist other 
10.34 	government units on planning matters within the scope of its powers, duties, and objectives.
11.1 		Subd. 14.Employees; contracts for services. The A district may employ persons or 
11.2 	firms and contract for services to perform engineering, legal, or other services necessary to 
11.3 	carry out its functions. A district may give preference to hiring employees employed by 
11.4 	member counties.
11.5 		Subd. 15.Insurance. The A district may require any employee to obtain and file with 
11.6 	it an individual bond or fidelity insurance policy. It may procure insurance in amounts it 
11.7 	deems necessary to insure against liability of the board of directors and employees or both, 
11.8 	for personal injury or death and property damage or destruction, with the force and effect 
11.9 	stated in chapter 466, and against risks of damage to or destruction of any of its facilities, 
11.10 	equipment, or other property as it deems necessary.
11.11 		Subd. 16.Reviewing projects. The A district may require that persons shall a person 
11.12 	may not acquire, construct, alter, reconstruct, or operate a solid waste facility within the 
11.13 	district without prior consultation with and the district's approval of the district.
11.14 		Subd. 17.Technical advisory committee. A district may establish and appoint a solid 
11.15 	waste management technical advisory committee comprised of public and private sector 
11.16 	individuals with technical expertise in waste management to advise the district on matters 
11.17 	the district deems appropriate.

11.18 	EFFECTIVE DATE. This section is effective the day following final enactment.

11.19 	Sec. 13. Minnesota Statutes 2024, section 115A.70, subdivision 8, is amended to read:
11.20 		Subd. 8.Authority Designation. A waste management district possessing designation 
11.21 	authority in its articles of incorporation may be authorized to may designate a resource 
11.22 	recovery facility under sections 115A.80 to 115A.89.

11.23 	EFFECTIVE DATE. This section is effective the day following final enactment.

11.24 	Sec. 14. Minnesota Statutes 2024, section 115A.71, is amended to read:
11.25 	115A.71 BONDING POWERS.
11.26 		Subdivision 1.General. A district may exercise the bonding powers provided in this 
11.27 	section to the extent the powers are authorized by the order of the commissioner establishing 
11.28 	the district and by its articles of incorporation.
11.29 		Subd. 2.Debt. The A district's bonds shall must be sold, issued, and secured in the 
11.30 	manner provided in chapter 475 for revenue bonds, and the district shall have has the same 
11.31 	powers and duties as a municipality and its governing body in issuing revenue bonds under 
12.1 	that chapter. No election shall be is required. The bonds may be sold at any price and at 
12.2 	public or private sale as determined by the district and shall are not be subject to any 
12.3 	limitation as to rate.
12.4 		Subd. 3.Revenue bonds. (a) A district may borrow money and incur indebtedness by 
12.5 	issuing bonds and obligations which that are payable solely from:
12.6 	(1) from revenues, income, receipts, and profits derived by the district from its operation 
12.7 	and management of solid waste facilities;
12.8 	(2) from the proceeds of warrants, notes, revenue bonds, debentures, or other evidences 
12.9 	of indebtedness issued and sold by the district which that are payable solely from such 
12.10 	revenues, income, receipts, and profits; and
12.11 	(3) from federal or state grants, gifts, or other moneys revenue received by the district 
12.12 	which are available therefor.
12.13 	(b) Every issue of revenue bonds by the a district shall must be payable out of any funds 
12.14 	or revenues from any a facility of the district, subject only to agreements with the holders 
12.15 	of particular bonds or notes pledging particular revenues or funds. If any a facility of the 
12.16 	district is funded in whole or in part by Minnesota waste management bonds issued under 
12.17 	sections 115A.58 and 115A.59, the state bonds shall take priority. The A district may provide 
12.18 	for priorities of liens in the revenues between the holders of district obligations issued at 
12.19 	different times or under different resolutions. The A district may provide for the refunding 
12.20 	of any district obligation through the issuance of other district obligations entitled to rights 
12.21 	and priorities similar in all respects to those held by the obligations that are refunded.
12.22 		Subd. 4.General obligation bonds; tax levies. (a) The board may, by resolution, 
12.23 	authorize the issuance of general obligation bonds to:
12.24 	(1) acquire, construct, or improve solid waste disposal sites and facilities and to pay 
12.25 	interest during their construction and for a reasonable period thereafter; and
12.26 	(2) pay up to 50 percent of first-year operating costs for a newly constructed solid waste 
12.27 	disposal site or facility.
12.28 	(b) The board may establish a reserve for bond payments, working capital, refunding of 
12.29 	outstanding bonds, certificates of indebtedness, or judgments.
12.30 	(c) With respect to bonds issued under this section, the board:
12.31 	(1) must pledge its full faith and credit and taxing power for payment of the bonds, 
12.32 	including use of any revenues received from user charges;
13.1 	(2) must sell and provide security for the bonds in the manner provided in chapter 475; 
13.2 	and
13.3 	(3) has the same powers and duties as a municipality issuing bonds under chapter 475, 
13.4 	except that no election is required and the debt limitations of that chapter do not apply.

13.5 	EFFECTIVE DATE. This section is effective the day following final enactment.

13.6 	Sec. 15. Minnesota Statutes 2024, section 115A.72, is amended to read:
13.7 	115A.72 AUDIT.
13.8 	The board of directors, at the close of each year's business, shall cause must have an 
13.9 	audit of the books, records, and financial affairs of the district to be made conducted by a
13.10 	an independent, certified public accountant or the state auditor. Copies of a written report 
13.11 	of the audit, certified to by the auditors, shall must be placed and kept on file maintained
13.12 	at the principal place of business of the district district's registered office and shall be filed 
13.13 	with the secretary of state, the state auditor, and the commissioner.

13.14 	EFFECTIVE DATE. This section is effective the day following final enactment.

13.15 	Sec. 16. [115A.73] TERMINATION.
13.16 		Subdivision 1.Resolution. A board may initiate proceedings to terminate the district 
13.17 	by proposing a resolution for termination stating the reasons why the existence of the district 
13.18 	is no longer in the public interest.
13.19 		Subd. 2.Public hearing. Before adopting a resolution for termination, the board must 
13.20 	hold a public hearing to receive comments on the proposed termination. At least 15 days 
13.21 	but no more than 45 days before the hearing, the board must post notice of the hearing on 
13.22 	each member county's website, publish notice of the hearing in a newspaper of general 
13.23 	circulation in each member county, and mail the notice to the governing body of each city 
13.24 	and town served by the district. In addition to comments the board receives at the public 
13.25 	hearing, the board must accept comments submitted to it in written or electronic form until 
13.26 	ten days after the hearing. The board must prepare a written summary of all comments 
13.27 	received and the board's responses to the comments. The board must file the adopted 
13.28 	resolution for termination and the summary of responses to public comments with the 
13.29 	recording officer of each member county.
13.30 		Subd. 3.Joint resolution of termination. After receiving the approved district resolution 
13.31 	for termination and summary of comments received, each member county must adopt a 
13.32 	joint resolution that confirms the district resolution for termination and states that the 
14.1 	existence of the district is no longer in the public interest. Each member county must publish 
14.2 	notice of the joint resolution in a newspaper of general circulation in the county and mail 
14.3 	the notice to the governing body of each city or town in the county that is served by the 
14.4 	district. If any member county adopts a resolution objecting to the termination, the 
14.5 	termination may not proceed.
14.6 		Subd. 4.Joint termination plan. Before the effective date of termination of the district, 
14.7 	the counties must prepare a joint termination plan and timeline that describes the process 
14.8 	of transferring all responsibilities, duties, facilities, and services from the district to the 
14.9 	member counties. The plan must describe the process that each county will undertake to 
14.10 	prepare required plans and ordinances, secure funding sufficient to carry out its solid waste 
14.11 	duties, and retain staff to conduct solid waste activities.

14.12 	EFFECTIVE DATE. This section is effective the day following final enactment.

14.13 	Sec. 17. Minnesota Statutes 2024, section 115A.82, is amended to read:
14.14 	115A.82 ELIGIBILITY.
14.15 	Facilities may be designated under sections 115A.80 to 115A.89 by:
14.16 	(1) a solid waste management district established pursuant to sections 115A.62 to 115A.72
14.17 	and possessing designation authority in its articles of incorporation under section 115A.641; 
14.18 	or
14.19 	(2) a county, but only for waste generated outside of the boundaries of a district qualifying 
14.20 	under clause (1) or the Western Lake Superior Sanitary District established under chapter 
14.21 	458D.

14.22 	EFFECTIVE DATE. This section is effective the day following final enactment.

14.23 	Sec. 18. Minnesota Statutes 2024, section 473.8441, is amended by adding a subdivision 
14.24 	to read:
14.25 		Subd. 6.Solid waste management district. The commissioner must distribute grants 
14.26 	under this section to a solid waste management district established under section 115A.641 
14.27 	in an amount equal to the sum that would otherwise have been distributed to the individual 
14.28 	metropolitan counties, or portions thereof, that compose the district. A solid waste 
14.29 	management district awarded grant funds under this section is subject to the provisions of 
14.30 	this section that apply to counties.

14.31 	EFFECTIVE DATE. This section is effective the day following final enactment.

15.1 	Sec. 19. REVISOR INSTRUCTION.
 15.2 	The revisor must renumber Minnesota Statutes, section 115A.70, subdivision 8, as 
15.3 	Minnesota Statutes, section 115A.69, subdivision 18.

15.4 	Sec. 20. REPEALER.
 15.5 	(a) Minnesota Statutes 2024, sections 115A.62; 115A.64, subdivisions 1, 2, 3, and 5; 
15.6 	115A.66; 115A.67; and 115A.715, are repealed.
15.7 	(b) Minnesota Statutes 2025 Supplement, section 115A.64, subdivisions 4 and 6, are 
15.8 	repealed.

15.9 	EFFECTIVE DATE. This section is effective the day following final enactment.

APPENDIX 

Repealed Minnesota Statutes: 26-06993 

115A.62 PURPOSE; PUBLIC INTEREST; DECLARATION OF POLICY.
The legislature finds that the development of integrated and coordinated solid waste management systems is needed to manage properly the solid waste generated in the state, to conserve and protect the natural resources in the state and the health, safety, and welfare of its citizens, and to further the state policies and purposes expressed in section 115A.02; that this need cannot always be met solely by the activities of individual political subdivisions or by agreements among subdivisions; and that therefore it is necessary to establish a procedure for the creation of solid waste management districts having the powers and performing the functions prescribed in sections 115A.62 to 115A.72. 

115A.64 PROCEDURE FOR ESTABLISHING AND ALTERING.Subdivision 1.Local petition. 
Waste districts shall be established and their powers and boundaries defined or altered by the commissioner only after petition requesting the action jointly submitted by the governing bodies of petitioners comprising at least one-half of the counties partly or wholly within the district. A petition for alteration shall include a resolution by the board of directors of the district approving the alteration. 

Subd. 2.Petition contents. 
(a) A petition requesting establishment or alteration of a waste district must contain the information the commissioner may require, including at least the following: 

(1) the name of the proposed district; 

(2) a description of the territory and political subdivisions within and the boundaries of the proposed district or alteration thereto, along with a map showing the district or alteration; 

(3) resolutions of support for the district, as proposed to the commissioner, from the governing body of each of the petitioning counties; 

(4) a statement of the reason, necessity, and purpose for the district, plus a general description of the solid waste management improvements and facilities contemplated for the district showing how its activities will accomplish the purpose of the district and the purposes for waste resource districts stated in sections 115A.62 to 115A.72; 

(5) articles of incorporation stating: 

(i) the powers of the district consistent with sections 115A.62 to 115A.72, including a statement of powers proposed pursuant to sections 115A.70, 115A.71, and 115A.715; and 

(ii) provisions for representation and election of the board of directors of the district. 

(b) After the petition has been filed, no petitioner may withdraw from it except with the written consent of all other petitioners for the district. 

Subd. 3.Local review and comment. 
At least 60 days before submitting the petition to the commissioner, the petitioners shall publish notice of the petition in newspapers of general circulation in the proposed district and shall cause a copy of the petition to be served upon the agency, the governing body of each political subdivision which is wholly or partly within the proposed district or is affected by the proposed alteration and each regional development commission affected by the proposed district or alteration. Each entity receiving service shall have 60 days within which to comment to the petitioners on the petition and the proposed district or alteration. Proof of service, along with any comments received, shall be attached to the petition when it is submitted to the commissioner. 

Subd. 4.Review procedures. 
(a) Upon receipt of the petition, the commissioner shall determine whether the petition conforms in form and substance to the requirements of law and rule. 

(b) If the petition does not conform to the requirements, the commissioner shall return it immediately to the petitioners with a statement describing the deficiencies and the amendments necessary to rectify them. 

(c) If the petition does conform to the requirements, and if comments have been received objecting to the establishment or alteration of the district as proposed, the commissioner shall request the Office of Administrative Hearings to conduct a hearing on the petition. The hearing shall be conducted in the proposed district in the manner provided in chapter 14 for contested cases. If no comments have been received objecting to the establishment of the district as proposed, the commissioner may proceed to grant or deny the petition without the necessity of conducting a contested case hearing. 

(d) If the petition conforms to the requirements of law and rule, the commissioner shall also immediately submit the petition to the solid waste and the technical advisory councils for review and recommendation and shall prepare a report containing recommendations on the disposition of the petition. The commissioner's report shall contain at least the commissioner's findings and conclusions on whether the proposed boundaries, purposes, powers, and management plans of the district or alteration thereto serve the purposes of waste resource districts, are appropriately related to the waste generation, collection, processing, and disposal patterns in the area, and are generally consistent with the purposes of the agency's regulatory program. 

Subd. 5.Corrections allowed. 
No petition submitted by the requisite number of counties shall be void or dismissed on account of defects exposed in the hearing documents or report. The commissioner shall permit the petition to be amended in form and substance to conform to the facts by correcting any errors in the description of the territory or any other defects. 

Subd. 6.Order. 
(a) After considering the reports of the administrative law judge, if a contested case hearing has been held, and the recommendations of the advisory councils, the commissioner shall make a final decision on the petition. 

(b) If the commissioner finds and determines that the establishment or alteration of a district as proposed in the petition would not be in the public interest and would not serve the purposes of sections 115A.62 to 115A.72, the commissioner shall give notice to the petitioners of intent to deny the petition. If a contested case hearing has not been held, the petitioners may request a hearing within 30 days of the notice of intent to deny the petition. The request shall be granted. Following the hearing and the report of the administrative law judge, the commissioner shall make a final decision on the petition and mail a copy of the decision to the governing body of each affected political subdivision. 

(c) If the commissioner finds and determines that the establishment or alteration of a district as proposed in the petition would be in the public interest and would serve the purposes of sections 115A.62 to 115A.72, the commissioner shall, by order, establish the district, define its boundaries, and give it a corporate name by which, in all proceedings, it shall thereafter be known. The order shall include articles of incorporation stating the powers of the district and the location of its registered office. 

(d) Upon the filing of a certified copy of the order of the commissioner with the secretary of state, the district shall become a political subdivision of the state and a public corporation, with the authority, power, and duties prescribed in sections 115A.62 to 115A.72 and the order of the commissioner. At the time of filing, a copy of the order shall be mailed by the commissioner to the governing body of each political subdivision wholly or partly within the district or affected by the alteration of the district. 

115A.66 TERMINATION.Subdivision 1.Petition. 
Proceedings for the termination of a district shall be initiated by the filing of a petition with the commissioner. The petition shall be submitted by the governing bodies of not less than one-half of the counties which are wholly or partly in the district. The petition shall state that the existence of the district is no longer in the public interest. The petitioners shall publish notice of the petition in newspapers of general circulation in the district and shall cause to be served upon each political subdivision wholly or partly within the district a copy of the petition, and proof of service shall be attached to the petition filed with the commissioner. 

Subd. 2.Bond; payment of costs. 
If the petition is dismissed or denied, the petitioners shall be required to pay all costs and expenses of the proceeding for termination. At the time of filing the petition, a bond shall be filed by the petitioners with the commissioner in such sum as the commissioner determines to be necessary to ensure payment of costs. 

Subd. 3.Hearing; decision. 
If objection is made to the commissioner against the petition for termination, a contested case hearing on the petition shall be held in the waste district pursuant to chapter 14. If the commissioner determines that the termination of the district as proposed in the petition would not be in the public interest, the commissioner shall give notice to the petitioner of intent to deny the petition. If a contested case hearing has not been held, the petitioner may request a hearing within 30 days of the notice of intent to deny the petition. The request shall be granted. Following the hearing and the report of the administrative law judge, the commissioner shall make a final decision on the petition. If the petition is dismissed, all costs of the proceeding shall be assessed against the petitioner. If the commissioner determines that the existence of the district is no longer in the public interest, the commissioner shall by findings and order terminate the district. Upon the filing of a certified copy of the findings and order with the secretary of state, the district shall cease to be a public corporation and a political subdivision of the state. 

Subd. 4.Limitation. 
The commissioner shall not entertain a petition for termination of a district within five years from the date of the formation of the district nor shall the commissioner entertain a petition for termination of the same district more often than once in five years. 

115A.67 ORGANIZATION OF DISTRICT.Subdivision 1.Chair; board. 
The chair shall be elected from outside the board of directors by majority vote of the board of directors. The first chair shall serve for a term of two years. Members of the board of directors shall be residents of the district. 

Subd. 2.First meeting. 
The first meeting of the board of directors shall be held at the call of the chair, after notice, for the purpose of proposing the bylaws, electing officers and for any other business that comes before the meeting. The bylaws of the district, and amendments thereto, shall be adopted by a majority vote of the board of directors unless the certificate of incorporation requires a greater vote. 

Subd. 3.Bylaws. 
The bylaws shall state: 

(1) the manner and time of calling regular meetings of the representatives and the board of directors, not less than once annually; 

(2) the title, manner of selection, and term of office of officers of the district; 

(3) the term of office of members of the board of directors, the manner of their removal, and the manner of filling vacancies on the board of directors; 

(4) the powers and duties of the board of directors consistent with the order and articles of incorporation establishing the district; 

(5) the definition of a quorum for meetings of the board of directors, which shall be not less than a majority of the members; 

(6) the compensation and reimbursement for expenses for members of the board of directors, which shall not exceed that provided for in section 15.0575, subdivision 3; and 

(7) such other provisions for regulating the affairs of the district as the board of directors shall determine to be necessary. 

115A.715 SOLID WASTE AUTHORITY.
A district has all the authority of a county for solid waste management purposes that is given to counties under this chapter and chapters 400 and 473, except the authority to issue general obligation bonds or to levy property taxes. A district has the authority of a county to issue general obligation bonds and to levy property taxes only if and only to the extent that the governing body of each county that is a member of the district agrees to delegate the authority to the district. The delegation of the authority is irrevocable unless the governing body of each county that is a member of the district agrees to the revocation.