SF 3965

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/03/2026 08:59 a.m.

A bill for an act
relating to solid waste; clarifying recycling goals and the distribution of state
funding for solid waste purposes with respect to solid waste management districts;
modifying provisions for establishing and operating solid waste management
districts; amending Minnesota Statutes 2024, sections 115A.03, subdivision 32;
115A.551, by adding a subdivision; 115A.557, by adding a subdivision; 115A.63;
115A.65; 115A.68; 115A.69; 115A.70, subdivision 8; 115A.71; 115A.72; 115A.82;
473.8441, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 115A; repealing Minnesota Statutes 2024, sections 115A.62;
115A.64, subdivisions 1, 2, 3, 5; 115A.66; 115A.67; 115A.715; Minnesota Statutes
2025 Supplement, section 115A.64, subdivisions 4, 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 115A.03, subdivision 32, is amended to read:

Subd. 32.

Solid waste management district or waste district.

"Solid waste management
district" or "waste district" means a geographic area extending into two or more counties
in which the management of solid waste is vested in a special district established deleted text begin pursuant
to sections 115A.62 to 115A.72 deleted text end new text begin under section 115A.641 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2024, section 115A.551, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Solid waste management district; recycling goal. new text end

new text begin The recycling goal of a
solid waste management district established under section 115A.641 is the same percentage
as the goals of the counties that compose the district, as established in subdivision 2a. If the
district is comprised of both metropolitan and nonmetropolitan counties, the districtwide
goal is the goal assigned to metropolitan counties in subdivision 2a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2024, section 115A.557, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Solid waste management district. new text end

new text begin The commissioner must distribute funds
under this section to a solid waste management district established under section 115A.641
in an amount equal to the sum that would otherwise have been distributed to the individual
counties, or portions thereof, that compose the district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

new text begin [115A.61] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of sections 115A.61 to 115A.73, the following terms
have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Board. new text end

new text begin "Board" means the board of directors governing a district.
new text end

new text begin Subd. 3. new text end

new text begin District. new text end

new text begin "District" means a solid waste management district established under
section 115A.641.
new text end

new text begin Subd. 4. new text end

new text begin Member county. new text end

new text begin "Member county" means a county that is wholly or partly
located within the jurisdiction of a district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2024, section 115A.63, is amended to read:

115A.63 SOLID WASTE MANAGEMENT DISTRICTS.

Subdivision 1.

Legal status.

Solid waste management districts established deleted text begin pursuant to
sections 115A.62 to 115A.72 shall be deleted text end new text begin under section 115A.641 are new text end public corporations and
political subdivisions of the state.

Subd. 2.

Establishment.

deleted text begin The commissioner deleted text end new text begin Counties new text end may establish deleted text begin waste deleted text end districts as
public corporations and political subdivisions of the state, deleted text begin define the powers of such districts
in accordance with sections 115A.62 to 115A.72, deleted text end define and alter the boundaries of the
districts as provided in deleted text begin section 115A.64 deleted text end new text begin sections 115A.641 and 115A.643 new text end , and terminate
districts as provided in section deleted text begin 115A.66 deleted text end new text begin 115A.73 new text end . deleted text begin The commissioner shall promulgate rules
pursuant to chapter 14 governing the establishment, alteration, and termination of districts. deleted text end new text begin
The commissioner must assist counties in establishing districts.
new text end

Subd. 3.

Restrictions.

No deleted text begin waste deleted text end district deleted text begin shall deleted text end new text begin may new text end be established within the boundaries
of the Western Lake Superior Sanitary District established under chapter 458D deleted text begin . No waste
district shall be established deleted text end new text begin or new text end wholly within one county. deleted text begin The commissioner shall not establish
a waste district within or extending into the metropolitan area, nor define or alter the powers
or boundaries of a district, unless the articles of incorporation of the district require that the
district will have the same procedural and substantive responsibilities, duties, and relationship
to the metropolitan agencies as a metropolitan county. The commissioner shall require the
completion of a comprehensive solid waste management plan conforming to the requirements
of section 115A.46, by petitioners seeking to establish a district.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

new text begin [115A.641] ESTABLISHING DISTRICT; PROCEDURE.
new text end

new text begin Subdivision 1. new text end

new text begin Joint resolution of intent. new text end

new text begin A district may be proposed by a joint resolution
of intent adopted by the governing body of each proposed member county. The joint
resolution must, at a minimum:
new text end

new text begin (1) name the proposed district;
new text end

new text begin (2) name the proposed member counties to be included in the district and designate a
county to lead development of the joint resolution;
new text end

new text begin (3) describe the benefits the proposed member counties hope to gain by establishing a
district;
new text end

new text begin (4) direct the proposed member counties to jointly prepare a transition plan for the district
that satisfies the requirements of subdivision 2; and
new text end

new text begin (5) describe the sources and amounts of funding that have been negotiated by the proposed
member counties for the cost of preparing the transition plan.
new text end

new text begin Subd. 2. new text end

new text begin Transition plan contents. new text end

new text begin (a) Counties proposing to establish a district must
jointly prepare a draft transition plan that contains, at a minimum:
new text end

new text begin (1) the name of the proposed district and the location of its registered office;
new text end

new text begin (2) a description of the territory and counties wholly or partly within the boundaries of
the proposed district and a map showing the district boundaries;
new text end

new text begin (3) resolutions of intent to establish the proposed district adopted by the governing body
of each proposed member county under subdivision 1;
new text end

new text begin (4) evidence that each proposed member county is operating under a solid waste
management plan approved by the commissioner;
new text end

new text begin (5) a statement describing how the proposed district will further the state's solid waste
management policies and purposes expressed in section 115A.02;
new text end

new text begin (6) a discussion of the role county solid waste employees may play in staffing the
proposed district;
new text end

new text begin (7) a list and description of solid waste management facilities and services operating in
the proposed district, identified as public, private, or county-owned;
new text end

new text begin (8) for each proposed member county, a list of the following documents and a schedule
for their transfer to the district for implementation:
new text end

new text begin (i) solid waste management plans;
new text end

new text begin (ii) designation plans;
new text end

new text begin (iii) solid waste management ordinances;
new text end

new text begin (iv) state and local permits held by county-owned facilities; and
new text end

new text begin (v) existing contracts with private parties for waste management services;
new text end

new text begin (9) a description of how the district will ensure the continued operation of county-owned
solid waste facilities located in the proposed district and a schedule for transferring their
ownership to the district;
new text end

new text begin (10) a list of proposed member county solid waste funding sources and finances,
remaining principal and debt service on outstanding county solid waste management bonds,
and other county financial obligations related to solid waste proposed for transfer to the
district;
new text end

new text begin (11) a list and schedule of unified districtwide ordinances the district proposes to adopt;
new text end

new text begin (12) draft articles of incorporation; and
new text end

new text begin (13) any known items that remain to be agreed upon by the proposed member counties.
new text end

new text begin (b) The commissioner must assist counties in preparing a transition plan.
new text end

new text begin Subd. 3. new text end

new text begin Public hearing. new text end

new text begin (a) Each proposed member county must hold a public hearing
in its jurisdiction to receive public comments on the draft transition plan.
new text end

new text begin (b) Each county must publish a notice of its public hearing in a newspaper of general
circulation in the county and must post the notice on the county's website at least 15 days
but no more than 45 days before the date of the public hearing. At the same time, the county
must mail the notice to the governing body of each city and town within the county.
new text end

new text begin (c) In addition to comments a county receives at the public hearing, each proposed
member county must also accept comments in written or electronic form that are received
up to ten days after the date of the public hearing.
new text end

new text begin (d) No later than 30 days after its public hearing, each member county must prepare a
final transition plan, revised as needed, and a copy of responses to comments received.
new text end

new text begin Subd. 4. new text end

new text begin District establishment. new text end

new text begin (a) Each proposed member county must adopt a joint
resolution establishing the district, which must include:
new text end

new text begin (1) approval of the proposed district's final transition plan;
new text end

new text begin (2) approval of the proposed district's articles of incorporation; and
new text end

new text begin (3) authorization to file the articles of incorporation with the secretary of state.
new text end

new text begin (b) Each proposed member county must file a copy of the joint resolution of intent and
the articles of incorporation, certified by the county's recording officer, with the secretary
of state.
new text end

new text begin (c) The secretary of state's issuance of a certificate of incorporation serves as conclusive
evidence of the legal organization and establishment of a district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

new text begin [115A.642] TRANSITION.
new text end

new text begin (a) Until the board has approved a solid waste management plan for a district, the district
must adopt and enforce the solid waste management plans and ordinances, including waste
designation plans and ordinances, operating in each member county at the time of the
district's establishment.
new text end

new text begin (b) By a date specified in its bylaws, a district must submit a solid waste management
plan that meets the requirements of section 115A.46 to the commissioner for approval. A
district is subject to the same provisions of sections 115A.42 to 115A.46 as are counties,
unless the district's boundaries are wholly contained within the metropolitan area, in which
case the district's solid waste management plan and its administration by the commissioner
are subject to section 473.149.
new text end

new text begin (c) A district is responsible for administering the transfer of county solid waste plans,
ordinances, facilities, debt, and other county solid waste functions and authorities necessary
to the efficient operation of the district, including existing contracts with private vendors
that may need to be newly executed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

new text begin [115A.643] ALTERING DISTRICT BOUNDARIES; PROCEDURE.
new text end

new text begin (a) The board of commissioners of a county or counties proposing to alter a district's
boundaries must:
new text end

new text begin (1) adopt a resolution stating the nature of the alteration and the expected benefits to be
realized by both the county or counties proposing the alteration and the district; and
new text end

new text begin (2) submit to the district's board of directors a document containing all the elements
required under section 115A.641, subdivision 2, with respect to the county or counties
proposing the alteration.
new text end

new text begin (b) After reviewing the documents submitted under paragraph (a), if the district board
approves of the alteration, it must adopt a resolution to that effect.
new text end

new text begin (c) The district and each county proposing an alteration must hold a public hearing in
their respective jurisdictions to receive public comments on the resolution adopted under
paragraphs (a) and (b). At least 15 days but no more than 45 days before the hearing, each
existing and proposed member county must post a notice of the hearing on its website. The
board must publish notice in a newspaper of general circulation in each existing and proposed
member county and must mail notice to the governing body of each city and town within
the proposed altered district boundaries. In addition to comments received at the public
hearing, the district and each county must also accept comments in written or electronic
form that are received up to ten days after the public hearing. No later than 30 days after
the public hearing, each county must submit to the district a copy of responses to comments
received.
new text end

new text begin (d) The district board may amend or withdraw its resolution approving the alteration
based on the public comments received by the district and from the counties.
new text end

new text begin (e) If the district board confirms its approval of the alteration, it must amend the district's
articles of incorporation accordingly and submit both the resolution approving the alteration
and the revised articles of incorporation to the secretary of state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2024, section 115A.65, is amended to read:

115A.65 PERPETUAL EXISTENCE.

A deleted text begin waste deleted text end district deleted text begin created deleted text end new text begin established new text end under deleted text begin the provisions of sections 115A.62 to 115A.72
shall have deleted text end new text begin section 115A.641 has new text end perpetual existence to the extent necessary to perform all
acts necessary and proper for carrying out and exercising the powers and duties expressly
given deleted text begin in deleted text end it. A district deleted text begin shall not deleted text end new text begin may new text end be terminated deleted text begin except pursuant to deleted text end new text begin only by following the
procedures of new text end section deleted text begin 115A.66 deleted text end new text begin 115A.73 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

new text begin [115A.661] ORGANIZATION OF DISTRICT.
new text end

new text begin Subdivision 1. new text end

new text begin Board of directors. new text end

new text begin A district's board of directors must be comprised
entirely of elected county commissioners and have at least five members. The board of
county commissioners of each member county must appoint one or more of their members
as a board director. After each member county appoints one director, the appointment of
additional directors necessary to achieve the desired total number of directors must be made
by member counties based on their population.
new text end

new text begin Subd. 2. new text end

new text begin Terms. new text end

new text begin The board must stagger the terms of the directors appointed initially
under subdivision 1 so that, so far as is practicable, one-third of the directors have a term
of one year, one-third have a term of two years, and one-third have a term of three years.
All directors subsequently appointed have a term of three years.
new text end

new text begin Subd. 3. new text end

new text begin Vacancy. new text end

new text begin A board vacancy must be filled by appointment of a director by the
appropriate board of county commissioners to complete the remaining term of the director
creating the vacancy.
new text end

new text begin Subd. 4. new text end

new text begin Bylaws. new text end

new text begin The board must approve bylaws by majority vote. The bylaws must
address, at a minimum:
new text end

new text begin (1) the manner and time of calling regular board meetings;
new text end

new text begin (2) the manner of removing a director;
new text end

new text begin (3) the powers and duties of the board consistent with sections 115A.61 to 115A.73;
new text end

new text begin (4) the definition of a quorum for board meetings, which must not be less than a majority
of directors;
new text end

new text begin (5) compensation and reimbursement for expenses for directors, which may not exceed
that provided under section 15.0575, subdivision 3; and
new text end

new text begin (6) other provisions regulating the affairs of the district that the board determines are
necessary.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2024, section 115A.68, is amended to read:

115A.68 REGISTERED OFFICE.

Every district deleted text begin shall deleted text end new text begin must new text end maintain an office deleted text begin in this state deleted text end new text begin located within the district new text end to be
known as its registered office. deleted text begin When deleted text end A district deleted text begin desires to deleted text end new text begin may new text end change the location of its
registered office deleted text begin , it shall file with the secretary of state and the commissioner of the agency, deleted text end new text begin
by filing new text end a certificate deleted text begin stating deleted text end new text begin with the secretary of state and the commissioner specifying new text end
the new location deleted text begin by city, town, or other community deleted text end and the effective date of change. deleted text begin When
the certificate has been duly filed, the board of directors may make the change without any
further action.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Minnesota Statutes 2024, section 115A.69, is amended to read:

115A.69 POWERS.

Subdivision 1.

General.

deleted text begin A district shall have all powers necessary or convenient to
perform its duties, including the powers provided in this section. deleted text end new text begin A district has all the
authority and responsibilities for solid waste management purposes that is given to counties
under this chapter and chapters 400 and 473, as applicable.
new text end

Subd. 2.

Actions.

deleted text begin The deleted text end new text begin A new text end district may sue and be sued deleted text begin , deleted text end and deleted text begin shall be deleted text end new text begin may exercise the
rights and authorities of new text end a public body within the meaning of chapter 562.

Subd. 3.

Acquiring property.

deleted text begin The deleted text end new text begin (a) A new text end district may acquire by purchase, lease,
deleted text begin condemnation, deleted text end gift, or grant deleted text begin , deleted text end any right, title, and interest in and to real or personal property
deemed necessary deleted text begin for the deleted text end new text begin to new text end exercise deleted text begin of deleted text end its powers or deleted text begin the accomplishment of deleted text end new text begin to accomplish new text end
its purposes, including positive and negative easements and water and air rights.

new text begin (b) new text end Any local government unit and the commissioners of transportation, natural resources,
and administration may convey to or permit the use of any property or facilities by the
district, subject to the rights of the holders of any bonds issued deleted text begin with respect thereto deleted text end new text begin for the
property or facilities new text end , with or without compensation and without an election or approval by
any other government agency. deleted text begin The deleted text end new text begin A new text end district may hold the property deleted text begin for its purposes, and deleted text end new text begin
or new text end may lease or rent the property deleted text begin so far as not needed for its purposes, deleted text end upon the terms and
in the manner deleted text begin as deleted text end it deems advisable.

deleted text begin The deleted text end new text begin (c) A district's new text end right to acquire lands and property rights by condemnation deleted text begin shall be
exercised in accordance with deleted text end new text begin is governed by new text end chapter 117. The district may take possession
of any property for which condemnation proceedings have been commenced at any time
after the issuance of a court order appointing commissioners for its condemnation.

deleted text begin Subd. 4. deleted text end

deleted text begin Right of entry. deleted text end

deleted text begin Whenever the district deems it necessary to the accomplishment
of its purposes, the district or any member, employee, or agent thereof, when authorized by
it, may enter upon any property, public or private, for the purpose of obtaining information
or conducting surveys or investigations, provided that the entrance and activity is undertaken
after reasonable notice and during normal business hours and provided that compensation
is made for any damage to the property caused by the entrance and activity.
deleted text end

Subd. 5.

Gifts and grants.

deleted text begin The deleted text end new text begin A new text end district may apply for and accept gifts, loans, or other
property from the United States, the state, or any person for any of its purposes deleted text begin , deleted text end new text begin ; new text end may enter
into any new text begin necessary related new text end agreement deleted text begin required in connection therewith, deleted text end new text begin ; new text end and may hold, use,
and dispose of the money or property in accordance with the terms of the gift, grant, loan new text begin , new text end
or agreement.

Subd. 6.

Property exempt from taxation.

Any real or personal property owned, used,
or occupied by deleted text begin the deleted text end new text begin a new text end district for any authorized purpose is declared to be acquired, owned,
used new text begin , new text end and occupied for public and governmental purposes deleted text begin , deleted text end and deleted text begin shall be exempted deleted text end new text begin is exempt new text end
from taxation by the state or any political subdivision of the state, except to the extent that
the property is subject to the sales and use tax under chapter 297A, provided that those
properties deleted text begin shall be deleted text end new text begin are new text end subject to special assessments levied by a political subdivision for a
local improvement in amounts proportionate to and not exceeding the special benefit received
by the properties from the improvement. deleted text begin No possible deleted text end new text begin Only new text end use of the properties deleted text begin in any
manner different from their use deleted text end for solid waste management new text begin purposes new text end at the time deleted text begin shall be deleted text end new text begin
is new text end considered in determining the special benefit received by the properties.

Subd. 7.

Facilities and services.

deleted text begin The deleted text end new text begin A new text end district may construct, equip, develop, enlarge,
improve, and operate solid waste facilities and services as it deems necessary and may
negotiate contracts for the use of public or private facilities and services. deleted text begin The deleted text end new text begin A new text end district
deleted text begin shall deleted text end new text begin must new text end contract with private persons deleted text begin for the construction, maintenance, and operation
of deleted text end new text begin to construct, maintain, and operate new text end facilities and services deleted text begin where the facilities and services deleted text end new text begin
that new text end are adequate deleted text begin and deleted text end new text begin , new text end available for use new text begin , new text end and competitive with other means of providing the
same service.

Subd. 8.

Rates; charges.

deleted text begin The deleted text end new text begin A new text end district may establish and collect rates and charges for
the facilities and services deleted text begin provided by the district deleted text end new text begin it provides new text end and may negotiate and collect
rates and charges for facilities and services deleted text begin contracted for by the district deleted text end new text begin provided under
contract new text end . deleted text begin The board of directors of the district may agree with the holders of district
obligations which are secured by revenues of the district as to the maximum or minimum
amounts which the district shall charge and collect for services provided by the district.
Before establishing or raising any rates and charges, the board of directors shall hold a
public hearing regarding the proposed rates and charges. Notice of the hearing shall be
published at least once in a legal newspaper of general circulation throughout the area
affected by the rates and charges. Publication shall be no more than 45 days and no less
than 15 days prior to the date of the hearing.
deleted text end

Subd. 9.

Disposition of property.

deleted text begin The deleted text end new text begin A new text end district may sell or otherwise dispose of any
real or personal property acquired by it which is no longer required deleted text begin for accomplishment of deleted text end new text begin
to accomplish new text end its purposes. The property deleted text begin shall deleted text end new text begin must new text end be sold in the manner provided by
section 469.065, insofar as practical. The district deleted text begin shall deleted text end new text begin must new text end give new text begin appropriate new text end notice of sale
deleted text begin which it deems appropriate deleted text end . When deleted text begin the deleted text end new text begin a new text end district determines that deleted text begin any deleted text end property deleted text begin which has
been deleted text end acquired from a government unit without compensation is no longer required, the
district deleted text begin shall deleted text end new text begin must new text end transfer it to the government unit.

Subd. 10.

Disposition of products and energy.

deleted text begin The deleted text end new text begin A new text end district may use, sell, or otherwise
dispose of deleted text begin all of the deleted text end products and energy produced by its facilities. Section 471.345 deleted text begin shall deleted text end new text begin
does new text end not apply to the sale of products and energy. The district deleted text begin shall deleted text end new text begin must new text end give deleted text begin particular
consideration deleted text end new text begin preference new text end to the needs of purchasers in this state deleted text begin and shall actively promote
sales to such purchasers so long as this can be done at deleted text end new text begin , provided that such preference
conforms with new text end prices and deleted text begin under deleted text end conditions that meet constitutional requirements and deleted text begin that
are deleted text end new text begin is new text end consistent with the district's object of being financially self supporting to the greatest
extent possible.

Subd. 11.

Contracts.

deleted text begin The deleted text end new text begin A new text end district may enter into any contract necessary or proper deleted text begin for
the deleted text end new text begin to new text end exercise deleted text begin of deleted text end its powers or deleted text begin the accomplishment of deleted text end new text begin accomplish new text end its purposes new text begin , including
contracting with a county or counties for enforcement activities and contracting with private
entities to purchase goods or services new text end .

Subd. 12.

Joint powers.

deleted text begin The deleted text end new text begin A new text end district may act under deleted text begin the provisions of deleted text end section 471.59 deleted text begin , deleted text end
or any other law providing for joint or cooperative action between government units.

Subd. 13.

Research.

deleted text begin The deleted text end new text begin A new text end district may conduct research studies and programs deleted text begin , deleted text end new text begin ; new text end collect
and analyze data deleted text begin , deleted text end new text begin ; new text end prepare reports, maps, charts, and tables deleted text begin , deleted text end new text begin ; new text end and conduct all necessary
hearings and investigations in connection with its work and may advise and assist other
government units on planning matters within the scope of its powers, duties, and objectives.

Subd. 14.

Employees; contracts for services.

deleted text begin The deleted text end new text begin A new text end district may employ persons or
firms and contract for services to perform engineering, legal, or other services necessary to
carry out its functions. new text begin A district may give preference to hiring employees employed by
member counties.
new text end

Subd. 15.

Insurance.

deleted text begin The deleted text end new text begin A new text end district may require any employee to obtain and file with
it an individual bond or fidelity insurance policy. It may procure insurance in amounts it
deems necessary to insure against liability of the board of directors and employees or both,
for personal injury or death and property damage or destruction, with the force and effect
stated in chapter 466, and against risks of damage to or destruction of any of its facilities,
equipment, or other property deleted text begin as it deems necessary deleted text end .

Subd. 16.

Reviewing projects.

deleted text begin The deleted text end new text begin A new text end district may require that deleted text begin persons shall deleted text end new text begin a person
may new text end not acquire, construct, alter, reconstruct, or operate a solid waste facility within the
district without deleted text begin prior consultation with and deleted text end new text begin the district's new text end approval deleted text begin of the district deleted text end .

new text begin Subd. 17. new text end

new text begin Technical advisory committee. new text end

new text begin A district may establish and appoint a solid
waste management technical advisory committee comprised of public and private sector
individuals with technical expertise in waste management to advise the district on matters
the district deems appropriate.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

Minnesota Statutes 2024, section 115A.70, subdivision 8, is amended to read:

Subd. 8.

deleted text begin Authority deleted text end new text begin Designation new text end .

A deleted text begin waste management deleted text end district deleted text begin possessing designation
authority in its articles of incorporation may be authorized to deleted text end new text begin may new text end designate a resource
recovery facility under sections 115A.80 to 115A.89.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 14.

Minnesota Statutes 2024, section 115A.71, is amended to read:

115A.71 BONDING POWERS.

deleted text begin Subdivision 1. deleted text end

deleted text begin General. deleted text end

deleted text begin A district may exercise the bonding powers provided in this
section to the extent the powers are authorized by the order of the commissioner establishing
the district and by its articles of incorporation.
deleted text end

Subd. 2.

Debt.

deleted text begin The deleted text end new text begin A new text end district's bonds deleted text begin shall deleted text end new text begin must new text end be sold, issued, and secured in the
manner provided in chapter 475 for revenue bonds new text begin , new text end and the district deleted text begin shall have deleted text end new text begin has new text end the same
powers and duties as a municipality and its governing body in issuing revenue bonds under
that chapter. No election deleted text begin shall be deleted text end new text begin is new text end required. The bonds may be sold at any price and at
public or private sale as determined by the district and deleted text begin shall deleted text end new text begin are new text end not deleted text begin be deleted text end subject to any
limitation as to rate.

Subd. 3.

Revenue bonds.

(a) A district may borrow money and incur indebtedness by
issuing bonds and obligations deleted text begin which deleted text end new text begin that new text end are payable solely new text begin from new text end :

(1) deleted text begin from deleted text end revenues, income, receipts, and profits derived by the district from its operation
and management of solid waste facilities;

(2) deleted text begin from deleted text end the proceeds of warrants, notes, revenue bonds, debentures, or other evidences
of indebtedness issued and sold by the district deleted text begin which deleted text end new text begin that new text end are payable solely from such
revenues, income, receipts, and profits; new text begin and
new text end

(3) deleted text begin from deleted text end federal or state grants, gifts, or other deleted text begin moneys deleted text end new text begin revenue new text end received by the district
deleted text begin which are available therefor deleted text end .

(b) Every issue of revenue bonds by deleted text begin the deleted text end new text begin a new text end district deleted text begin shall deleted text end new text begin must new text end be payable out of any funds
or revenues from deleted text begin any deleted text end new text begin a new text end facility of the district, subject only to agreements with the holders
of particular bonds or notes pledging particular revenues or funds. If deleted text begin any deleted text end new text begin a new text end facility deleted text begin of the
district deleted text end is funded in whole or in part by Minnesota waste management bonds issued under
sections 115A.58 and 115A.59, the state bonds deleted text begin shall deleted text end take priority. deleted text begin The deleted text end new text begin A new text end district may provide
for priorities of liens in the revenues between the holders of district obligations issued at
different times or under different resolutions. deleted text begin The deleted text end new text begin A new text end district may provide for the refunding
of any district obligation through the issuance of other district obligations entitled to rights
and priorities similar in all respects to those held by the obligations that are refunded.

new text begin Subd. 4. new text end

new text begin General obligation bonds; tax levies. new text end

new text begin (a) The board may, by resolution,
authorize the issuance of general obligation bonds to:
new text end

new text begin (1) acquire, construct, or improve solid waste disposal sites and facilities and to pay
interest during their construction and for a reasonable period thereafter; and
new text end

new text begin (2) pay up to 50 percent of first-year operating costs for a newly constructed solid waste
disposal site or facility.
new text end

new text begin (b) The board may establish a reserve for bond payments, working capital, refunding of
outstanding bonds, certificates of indebtedness, or judgments.
new text end

new text begin (c) With respect to bonds issued under this section, the board:
new text end

new text begin (1) must pledge its full faith and credit and taxing power for payment of the bonds,
including use of any revenues received from user charges;
new text end

new text begin (2) must sell and provide security for the bonds in the manner provided in chapter 475;
and
new text end

new text begin (3) has the same powers and duties as a municipality issuing bonds under chapter 475,
except that no election is required and the debt limitations of that chapter do not apply.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15.

Minnesota Statutes 2024, section 115A.72, is amended to read:

115A.72 AUDIT.

The board deleted text begin of directors deleted text end , at the close of each year's business, deleted text begin shall cause deleted text end new text begin must have new text end an
audit of the books, records, and financial affairs of the district deleted text begin to be made deleted text end new text begin conducted new text end by deleted text begin a deleted text end new text begin
an independent, new text end certified public accountant or the state auditor. Copies of deleted text begin a written report
of deleted text end the audit, certified deleted text begin to deleted text end by the auditors, deleted text begin shall deleted text end new text begin must new text end be deleted text begin placed and kept on file deleted text end new text begin maintained new text end
at the deleted text begin principal place of business of the district deleted text end new text begin district's registered office new text end and deleted text begin shall be deleted text end filed
with the secretary of state new text begin , the state auditor, new text end and the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 16.

new text begin [115A.73] TERMINATION.
new text end

new text begin Subdivision 1. new text end

new text begin Resolution. new text end

new text begin A board may initiate proceedings to terminate the district
by proposing a resolution for termination stating the reasons why the existence of the district
is no longer in the public interest.
new text end

new text begin Subd. 2. new text end

new text begin Public hearing. new text end

new text begin Before adopting a resolution for termination, the board must
hold a public hearing to receive comments on the proposed termination. At least 15 days
but no more than 45 days before the hearing, the board must post notice of the hearing on
each member county's website, publish notice of the hearing in a newspaper of general
circulation in each member county, and mail the notice to the governing body of each city
and town served by the district. In addition to comments the board receives at the public
hearing, the board must accept comments submitted to it in written or electronic form until
ten days after the hearing. The board must prepare a written summary of all comments
received and the board's responses to the comments. The board must file the adopted
resolution for termination and the summary of responses to public comments with the
recording officer of each member county.
new text end

new text begin Subd. 3. new text end

new text begin Joint resolution of termination. new text end

new text begin After receiving the approved district resolution
for termination and summary of comments received, each member county must adopt a
joint resolution that confirms the district resolution for termination and states that the
existence of the district is no longer in the public interest. Each member county must publish
notice of the joint resolution in a newspaper of general circulation in the county and mail
the notice to the governing body of each city or town in the county that is served by the
district. If any member county adopts a resolution objecting to the termination, the
termination may not proceed.
new text end

new text begin Subd. 4. new text end

new text begin Joint termination plan. new text end

new text begin Before the effective date of termination of the district,
the counties must prepare a joint termination plan and timeline that describes the process
of transferring all responsibilities, duties, facilities, and services from the district to the
member counties. The plan must describe the process that each county will undertake to
prepare required plans and ordinances, secure funding sufficient to carry out its solid waste
duties, and retain staff to conduct solid waste activities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 17.

Minnesota Statutes 2024, section 115A.82, is amended to read:

115A.82 ELIGIBILITY.

Facilities may be designated under sections 115A.80 to 115A.89 by:

(1) a solid waste management district established deleted text begin pursuant to sections 115A.62 to 115A.72
and possessing designation authority in its articles of incorporation deleted text end new text begin under section 115A.641 new text end ;
or

(2) a county, but only for waste generated outside of the boundaries of a district qualifying
under clause (1) or the Western Lake Superior Sanitary District established under chapter
458D.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 18.

Minnesota Statutes 2024, section 473.8441, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Solid waste management district. new text end

new text begin The commissioner must distribute grants
under this section to a solid waste management district established under section 115A.641
in an amount equal to the sum that would otherwise have been distributed to the individual
metropolitan counties, or portions thereof, that compose the district. A solid waste
management district awarded grant funds under this section is subject to the provisions of
this section that apply to counties.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 19. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor must renumber Minnesota Statutes, section 115A.70, subdivision 8, as
Minnesota Statutes, section 115A.69, subdivision 18.
new text end

Sec. 20. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2024, sections 115A.62; 115A.64, subdivisions 1, 2, 3, and 5;
115A.66; 115A.67; and 115A.715, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2025 Supplement, section 115A.64, subdivisions 4 and 6, new text end new text begin are
repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

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.