HF 1393

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; modifying the Waste 
  1.3             Management Act to provide greater flexibility for 
  1.4             counties; providing increased solid waste management 
  1.5             assistance to counties; providing for the 
  1.6             redistribution of SCORE funds by the commissioner of 
  1.7             revenue; modifying requirements for preparation of 
  1.8             solid waste management plans; repealing certificate of 
  1.9             need requirement; clarifying certain solid waste 
  1.10            statutes and rules; amending Minnesota Statutes 2000, 
  1.11            sections 115A.02; 115A.03, subdivisions 25, 27, and 
  1.12            36a; 115A.411, subdivision 2; 115A.45; 115A.46, 
  1.13            subdivisions 1, 2, and 5; 115A.49; 115A.51; 115A.52; 
  1.14            115A.54, subdivision 2a; 115A.541; 115A.55, 
  1.15            subdivision 1; 115A.552, subdivision 2; 115A.557; 
  1.16            115A.908, subdivision 2; 115A.916; 115A.919, 
  1.17            subdivision 1; 115A.93, subdivision 3; 115A.9301, 
  1.18            subdivision 4; 115A.94, by adding a subdivision; 
  1.19            115B.412, by adding a subdivision; 116.02, 
  1.20            subdivisions 1 and 9; 116.03, subdivision 2; 116.07, 
  1.21            subdivision 4j; 297H.13, subdivision 2; 473.149, 
  1.22            subdivision 3; and 473.811, subdivision 4a; proposing 
  1.23            coding for new law in Minnesota Statutes, chapters 
  1.24            115A; and 116; repealing Minnesota Statutes 2000, 
  1.25            sections 115A.5501; 115A.917; and 473.823, subdivision 
  1.26            6. 
  1.27  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.28     Section 1.  Minnesota Statutes 2000, section 115A.02, is 
  1.29  amended to read: 
  1.30     115A.02 [LEGISLATIVE DECLARATION OF POLICY; PURPOSES.] 
  1.31     (a) It is the goal of this chapter to protect the state's 
  1.32  land, air, water, and other natural resources and the public 
  1.33  health by improving waste management in the state to serve the 
  1.34  following purposes:  
  1.35     (1) reduction in the amount and toxicity of waste 
  1.36  generated; 
  2.1      (2) separation and recovery of materials and energy from 
  2.2   waste; 
  2.3      (3) reduction in indiscriminate dependence on disposal of 
  2.4   waste; 
  2.5      (4) coordination of solid waste management among political 
  2.6   subdivisions; and 
  2.7      (5) orderly and deliberate development and financial 
  2.8   security of waste facilities including disposal facilities. 
  2.9      (b) The waste management goal of the state is to foster an 
  2.10  integrated waste management system in a manner appropriate to 
  2.11  the characteristics of the waste stream and thereby protect the 
  2.12  state's land, air, water, and other natural resources and the 
  2.13  public health.  The following waste management practices are in 
  2.14  order of preference: 
  2.15     (1) waste reduction and reuse; 
  2.16     (2) waste recycling; 
  2.17     (3) composting of yard waste and food waste; and 
  2.18     (4) resource recovery through mixed municipal solid waste 
  2.19  composting or incineration; any other environmentally protective 
  2.20  waste management practice permitted by the state. 
  2.21     (5) land disposal which produces no measurable methane gas 
  2.22  or which involves the retrieval of methane gas as a fuel for the 
  2.23  production of energy to be used on-site or for sale; and 
  2.24     (6) land disposal which produces measurable methane and 
  2.25  which does not involve the retrieval of methane gas as a fuel 
  2.26  for the production of energy to be used on-site or for sale. 
  2.27     (c) It is the policy of the state that state goals for 
  2.28  waste management must not be achieved by imposing mandates on 
  2.29  local units of government relating to waste processing and other 
  2.30  methodologies or deadlines without state funding of full-cycle 
  2.31  costs and a defensive cost-benefit analysis. 
  2.32     Sec. 2.  Minnesota Statutes 2000, section 115A.03, 
  2.33  subdivision 25, is amended to read: 
  2.34     Subd. 25.  [PROCESSING.] "Processing" means the treatment 
  2.35  of waste after collection and before disposal.  Processing 
  2.36  includes but is not limited to reduction, storage, separation, 
  3.1   exchange, resource recovery, physical, chemical, or biological 
  3.2   modification, and transfer from one waste facility to 
  3.3   another any activity that supports resource conservation.  
  3.4      Sec. 3.  Minnesota Statutes 2000, section 115A.03, 
  3.5   subdivision 27, is amended to read: 
  3.6      Subd. 27.  [RESOURCE RECOVERY.] "Resource recovery" means 
  3.7   the reclamation for sale, use, or reuse of materials, 
  3.8   substances, energy, or other products contained within or 
  3.9   derived from waste.  It includes, but is not limited to, 
  3.10  reclamation through waste-to-energy processes, municipal solid 
  3.11  waste composting, bioreactor landfills, leachate recirculation, 
  3.12  landfill gas extraction, reuse, and recycling. 
  3.13     Sec. 4.  Minnesota Statutes 2000, section 115A.03, 
  3.14  subdivision 36a, is amended to read: 
  3.15     Subd. 36a.  [WASTE MANAGEMENT METHOD CHOSEN BY A COUNTY.] 
  3.16  "Waste management method chosen by a county" means: 
  3.17     (1) a waste management method that is mandated for waste 
  3.18  generated in the county by section 115A.415, 473.848, 473.849, 
  3.19  or other state law, or by county ordinance based on the county 
  3.20  solid waste management plan developed, adopted, and 
  3.21  approved reviewed under section 115A.46 or, approved under 
  3.22  section 458D.05, or the county solid waste management master 
  3.23  plan developed, adopted, and approved under section 473.803; or 
  3.24     (2) a waste management facility or facilities, developed 
  3.25  under the county solid waste management plan or master plan, to 
  3.26  which solid waste generated in a county is directed by an 
  3.27  ordinance developed, adopted, and approved under sections 
  3.28  115A.80 to 115A.893. 
  3.29     Sec. 5.  [115A.0712] [POLICY; ENERGY PRODUCTION.] 
  3.30     It is the policy of the state of Minnesota that energy 
  3.31  production from waste is of overall benefit to the environment 
  3.32  as a renewable energy alternative to fossil fuels and should be 
  3.33  eligible for carbon credits under any federal legislation that 
  3.34  allows such credits. 
  3.35     The director shall make environmental assistance grants 
  3.36  available to users of active gas extraction technology and shall 
  4.1   disseminate information to potential applicants on the 
  4.2   availability of these grants. 
  4.3      Sec. 6.  Minnesota Statutes 2000, section 115A.411, 
  4.4   subdivision 2, is amended to read: 
  4.5      Subd. 2.  [CONTENTS.] (a) The report must also include: 
  4.6      (1) a summary of the current status of solid waste 
  4.7   management, including the amount of solid waste generated, the 
  4.8   manner in which it is collected, processed, and disposed, the 
  4.9   extent of separation, recycling, reuse, and recovery of solid 
  4.10  waste, and the facilities available or under development to 
  4.11  manage the waste; 
  4.12     (2) an evaluation of the extent and, effectiveness, and 
  4.13  economic feasibility of implementation and an assessment of 
  4.14  progress in accomplishing state policies, goals, and objectives, 
  4.15  including those listed in paragraph (b); 
  4.16     (3) identification of issues requiring further research, 
  4.17  study, and action, the appropriate scope of the research, study, 
  4.18  or action, the state agency or political subdivision that should 
  4.19  implement the research, study, or action, and a schedule for 
  4.20  completion of the activity; and 
  4.21     (4) recommendations for establishing or modifying state 
  4.22  solid waste management policies, authorities, and programs; 
  4.23     (5) identification of counties' share of expenditures in 
  4.24  comparison to state expenditures in meeting state waste 
  4.25  management goals; and 
  4.26     (6) recognition of private sector contributions in meeting 
  4.27  state waste management goals. 
  4.28     (b) Beginning in 1997, and every sixth year thereafter, the 
  4.29  report shall be expanded to include the metropolitan area solid 
  4.30  waste policy plan required in section 473.149, subdivision 1, 
  4.31  and strategies for the office to advance the goals of this 
  4.32  chapter, to manage waste as a resource, to further reduce the 
  4.33  need for expenditures on resource recovery and disposal 
  4.34  facilities, and to further reduce long-term environmental and 
  4.35  financial liabilities.  The expanded report must include 
  4.36  strategies for: 
  5.1      (1) achieving the maximum feasible reduction in waste 
  5.2   generation; 
  5.3      (2) encouraging manufacturers to design products that 
  5.4   eliminate or reduce the adverse environmental impacts of 
  5.5   resource extraction, manufacturing, use, and waste processing 
  5.6   and disposal; 
  5.7      (3) educating businesses, public entities, and other 
  5.8   consumers about the need to consider the potential environmental 
  5.9   and financial impacts of purchasing products that may create a 
  5.10  liability or that may be expensive to recycle or manage as 
  5.11  waste, due to the presence of toxic or hazardous components; 
  5.12     (4) eliminating or reducing toxic or hazardous components 
  5.13  in compost from municipal solid waste composting facilities, in 
  5.14  ash from municipal solid waste incinerators, and in leachate and 
  5.15  air emissions from municipal solid waste landfills, in order to 
  5.16  reduce the potential liability of waste generators, facility 
  5.17  owners and operators, and taxpayers; 
  5.18     (5) encouraging the source separation of materials to the 
  5.19  extent practicable, so that the materials are most appropriately 
  5.20  managed and to ensure that resources that can be reused or 
  5.21  recycled are not disposed of or destroyed; and 
  5.22     (6) maximizing the efficiency of the waste management 
  5.23  system by managing waste and recyclables close to the point of 
  5.24  generation, taking into account the characteristics of the 
  5.25  resources to be recovered from the waste and the type and 
  5.26  capacity of local facilities. 
  5.27     Sec. 7.  [115A.414] [ACCOUNTING TO BE POSTED ON WEB SITE.] 
  5.28     The office of environmental assistance, in cooperation with 
  5.29  the pollution control agency and counties, must compile a 
  5.30  detailed financial accounting of office, agency, and county 
  5.31  revenue and expenditures relating to solid waste.  Counties must 
  5.32  submit data annually for this accounting as directed by the 
  5.33  office.  The first report must be made available on the office's 
  5.34  Internet site by September 1, 2001, and revised by September 1 
  5.35  of each year thereafter. 
  5.36     Sec. 8.  Minnesota Statutes 2000, section 115A.45, is 
  6.1   amended to read: 
  6.2      115A.45 [TECHNICAL ASSISTANCE.] 
  6.3      The director shall provide for technical assistance to 
  6.4   encourage and improve solid waste management and to assist 
  6.5   political subdivisions in preparing the plans described in 
  6.6   section 115A.46, with emphasis on assistance to political 
  6.7   subdivisions through staff located in regional offices.  The 
  6.8   director shall provide model plans for regional and local solid 
  6.9   waste management.  The director may contract for the delivery of 
  6.10  technical assistance by a regional development commission, any 
  6.11  state or federal agency, private consultants, or other persons.  
  6.12  The director shall prepare and publish an inventory of sources 
  6.13  of technical assistance for solid waste planning, including 
  6.14  studies, publications, agencies, and persons available. 
  6.15     Sec. 9.  Minnesota Statutes 2000, section 115A.46, 
  6.16  subdivision 1, is amended to read: 
  6.17     Subdivision 1.  [GENERAL.] (a) Plans shall address the 
  6.18  state policies and purposes expressed in section 115A.02 and may 
  6.19  not be inconsistent with state law.  
  6.20     (b) Plans for the location, establishment, operation, 
  6.21  maintenance, and postclosure use of facilities and facility 
  6.22  sites, for ordinances, and for licensing, permit, and 
  6.23  enforcement activities shall be consistent with the rules 
  6.24  adopted by the agency pursuant to chapter 116. 
  6.25     (c) Plans shall address:  
  6.26     (1) the resolution of conflicting, duplicative, or 
  6.27  overlapping local management efforts; 
  6.28     (2) the establishment of joint powers management programs 
  6.29  or waste management districts where appropriate; and 
  6.30     (3) other matters as the rules of the office may require 
  6.31  consistent with the purposes of sections 115A.42 to 115A.46.  
  6.32     (d) Political subdivisions preparing plans under sections 
  6.33  115A.42 to 115A.46 shall consult with persons presently 
  6.34  providing solid waste collection, processing, and disposal 
  6.35  services.  
  6.36     (e) Plans must be submitted to the director for approval 
  7.1   review.  When a county board is ready to have a final 
  7.2   plan approved reviewed, the county board shall submit a 
  7.3   resolution requesting review and approval by the director.  
  7.4   After receiving the resolution, the director shall notify the 
  7.5   county within 45 days whether the plan as submitted is complete 
  7.6   and, if not complete, the specific items that need to be 
  7.7   submitted to make the plan complete.  Within 90 days after a 
  7.8   complete plan has been submitted, the director shall approve or 
  7.9   disapprove issue findings on the plan.  If the plan is 
  7.10  disapproved, reasons for the disapproval must be provided.  The 
  7.11  county board may revise its plan to comply with the director's 
  7.12  findings.  The plan is final upon its adoption by the county 
  7.13  board.  
  7.14     (f) After initial approval, Each plan must be updated and 
  7.15  submitted for approval review every five ten years after the 
  7.16  date of adoption.  The plan must be revised as necessary so that 
  7.17  it is not inconsistent with state law. 
  7.18     Sec. 10.  Minnesota Statutes 2000, section 115A.46, 
  7.19  subdivision 2, is amended to read: 
  7.20     Subd. 2.  [CONTENTS.] (a) The plans shall describe existing 
  7.21  collection, processing, and disposal systems, including 
  7.22  schedules of rates and charges, financing methods, environmental 
  7.23  acceptability, and opportunities for improvements in the systems.
  7.24     (b) The plans shall include an estimate of the land 
  7.25  disposal capacity in acre-feet which will be needed through the 
  7.26  year 2000, on the basis of current and projected waste 
  7.27  generation practices.  In assessing the need for additional 
  7.28  capacity for resource recovery or land disposal, the plans shall 
  7.29  take into account the characteristics of waste stream components 
  7.30  and shall give priority to waste reduction, separation, and 
  7.31  recycling.  
  7.32     (c) The plans shall require the most feasible and prudent 
  7.33  reduction of the need for and practice of land disposal of mixed 
  7.34  municipal solid waste.  
  7.35     (d) The plans shall address at least waste reduction, 
  7.36  separation, recycling, and other resource recovery options, and 
  8.1   shall include specific and quantifiable objectives, immediately 
  8.2   and over specified time periods, for reducing the land disposal 
  8.3   of mixed municipal solid waste and for the implementation of 
  8.4   feasible and prudent reduction, separation, recycling, and other 
  8.5   resource recovery options.  These objectives shall be consistent 
  8.6   with statewide objectives as identified in statute.  The plans 
  8.7   shall describe methods for identifying the portions of the waste 
  8.8   stream such as leaves, grass, clippings, tree and plant residue, 
  8.9   and paper for application and mixing into the soil and use in 
  8.10  agricultural practices.  The plans shall describe specific 
  8.11  functions to be performed and activities to be undertaken to 
  8.12  achieve the abatement, reduction, separation, recycling, and 
  8.13  other resource recovery objectives and shall describe the 
  8.14  estimated cost, proposed manner of financing, and timing of the 
  8.15  functions and activities.  The plans shall describe proposed 
  8.16  mechanisms for complying with the recycling requirements of 
  8.17  section 115A.551, and the household hazardous waste management 
  8.18  requirements of section 115A.96, subdivision 6.  
  8.19     (e) The plans shall include a comparison of the costs of 
  8.20  the activities to be undertaken, including capital and operating 
  8.21  costs, and the effects of the activities on the cost to 
  8.22  generators and on persons currently providing solid waste 
  8.23  collection, processing, and disposal services.  The plans shall 
  8.24  include alternatives which could be used to achieve the 
  8.25  abatement objectives if the proposed functions and activities 
  8.26  are not established.  
  8.27     (f) The plans shall designate how local public education 
  8.28  initiatives shall be accomplished to address solid waste 
  8.29  management.  The plans shall, to the extent practicable and 
  8.30  consistent with the achievement of other public policies and 
  8.31  purposes, encourage ownership and operation of solid waste 
  8.32  facilities by private industry.  For solid waste facilities 
  8.33  owned or operated by public agencies or supported primarily by 
  8.34  public funds or obligations issued by a public agency, the plans 
  8.35  shall include criteria and standards to protect comparable 
  8.36  private and public facilities already existing in the area from 
  9.1   displacement unless the displacement is required in order to 
  9.2   achieve the waste management objectives identified in the plan.  
  9.3      (g) The plans shall establish a siting procedure and 
  9.4   development program to assure the orderly location, development, 
  9.5   and financing of new or expanded solid waste facilities and 
  9.6   services sufficient for a prospective ten-year period, including 
  9.7   estimated costs and implementation schedules, proposed 
  9.8   procedures for operation and maintenance, estimated annual costs 
  9.9   and gross revenues, and proposals for the use of facilities 
  9.10  after they are no longer needed or usable.  
  9.11     (h) The plans shall describe existing and proposed county 
  9.12  and municipal ordinances and license and permit requirements 
  9.13  relating to solid waste management and shall describe existing 
  9.14  and proposed regulation and enforcement procedures. 
  9.15     Sec. 11.  Minnesota Statutes 2000, section 115A.46, 
  9.16  subdivision 5, is amended to read: 
  9.17     Subd. 5.  [JURISDICTION OF PLAN.] (a) After a county plan 
  9.18  has been submitted for approval adopted under subdivision 1, a 
  9.19  public entity, as defined in section 16B.122, subdivision 1, 
  9.20  within the county may not enter into a binding agreement 
  9.21  governing a solid waste management activity that is inconsistent 
  9.22  with the county plan without the consent of the county. 
  9.23     (b) After a county plan has been approved adopted under 
  9.24  subdivision 1, the plan governs all solid waste management in 
  9.25  the county and a public entity, as defined in section 16B.122, 
  9.26  subdivision 1, within the county may not develop or implement a 
  9.27  solid waste management activity, other than an activity to 
  9.28  reduce waste generation or reuse waste materials, that is 
  9.29  inconsistent with the county plan that the county is actively 
  9.30  implementing without the consent of the county.  
  9.31     Sec. 12.  Minnesota Statutes 2000, section 115A.49, is 
  9.32  amended to read: 
  9.33     115A.49 [ESTABLISHMENT; PURPOSES AND PRIORITIES.] 
  9.34     There is established a program to encourage and assist 
  9.35  cities, counties, solid waste management districts, and sanitary 
  9.36  districts in the development and implementation of solid waste 
 10.1   management projects and to transfer the knowledge and experience 
 10.2   gained from such projects to other communities in the state.  
 10.3   The program must be administered to encourage local communities 
 10.4   to develop feasible and prudent alternatives to disposal, 
 10.5   including waste reduction; waste separation by generators, 
 10.6   collectors, and other persons; and waste processing.  The 
 10.7   director shall administer the program in accordance with the 
 10.8   requirements of sections 115A.49 to 115A.54 and rules 
 10.9   promulgated under chapter 14.  In administering the program, the 
 10.10  director shall give priority to projects in the order of 
 10.11  preference of the waste management practices listed in section 
 10.12  115A.02 and, notwithstanding section 115A.02, paragraph (b), 
 10.13  waste management projects that use alternative technologies to 
 10.14  minimize environmental impact.  The director shall give special 
 10.15  consideration to areas where natural geologic and soil 
 10.16  conditions are especially unsuitable for land disposal of solid 
 10.17  waste; areas where the capacity of existing solid waste disposal 
 10.18  facilities is determined by the director to be less than five 
 10.19  years; and projects serving more than one local government unit. 
 10.20     Sec. 13.  Minnesota Statutes 2000, section 115A.51, is 
 10.21  amended to read: 
 10.22     115A.51 [APPLICATION REQUIREMENTS.] 
 10.23     Applications for assistance under the program shall 
 10.24  demonstrate:  (a) that the project is conceptually and 
 10.25  technically feasible; (b) that affected political subdivisions 
 10.26  are committed to implement the project, to provide necessary 
 10.27  local financing, and to accept and exercise the government 
 10.28  powers necessary to the project; (c) that operating revenues 
 10.29  from the project, considering the availability and security of 
 10.30  sources of solid waste and of markets for recovered resources, 
 10.31  together with any proposed federal, state, or local financial 
 10.32  assistance, will be sufficient to pay all costs over the 
 10.33  projected life of the project; (d) that the applicant has 
 10.34  evaluated the feasible and prudent alternatives to disposal and 
 10.35  has compared and evaluated the costs of the alternatives, 
 10.36  including capital and operating costs, and the effects of the 
 11.1   alternatives on the cost to generators.  The director may 
 11.2   require completion of a comprehensive solid waste management 
 11.3   plan conforming to the requirements of section 115A.46, before 
 11.4   accepting an application. 
 11.5      Sec. 14.  Minnesota Statutes 2000, section 115A.52, is 
 11.6   amended to read: 
 11.7      115A.52 [TECHNICAL ASSISTANCE FOR PROJECTS.] 
 11.8      The director shall ensure the delivery of technical 
 11.9   assistance for projects eligible under the program with emphasis 
 11.10  on assistance provided through staff located in regional 
 11.11  offices.  The director may contract or issue grants for the 
 11.12  delivery of technical assistance by any state or federal agency, 
 11.13  a regional development commission, the metropolitan council, or 
 11.14  private consultants and may use program funds to reimburse the 
 11.15  agency, commission, council, or consultants.  The director shall 
 11.16  prepare and publish an inventory of sources of technical 
 11.17  assistance, including studies, publications, agencies, and 
 11.18  persons available.  The director shall ensure statewide benefit 
 11.19  from projects assisted under the program by developing exchange 
 11.20  and training programs for local officials and employees and by 
 11.21  using the experience gained in projects to provide technical 
 11.22  assistance and education for other solid waste management 
 11.23  projects in the state. 
 11.24     Sec. 15.  Minnesota Statutes 2000, section 115A.54, 
 11.25  subdivision 2a, is amended to read: 
 11.26     Subd. 2a.  [SOLID WASTE MANAGEMENT PROJECTS.] (a) The 
 11.27  director shall provide technical and financial assistance for 
 11.28  the acquisition and betterment of solid waste management 
 11.29  projects as provided in this subdivision and section 115A.52.  
 11.30  Money appropriated for the purposes of this subdivision must be 
 11.31  distributed as grants. 
 11.32     (b) Except as provided in paragraph (c), a project may 
 11.33  receive grant assistance up to 25 percent of the capital cost of 
 11.34  the project or $2,000,000, whichever is less, except that 
 11.35  projects constructed as a result of intercounty cooperative 
 11.36  agreements may receive (1) grant assistance up to 25 percent of 
 12.1   the capital cost of the project; or (2) $2,000,000 times the 
 12.2   number of participating counties, whichever is less.  
 12.3      (c) A recycling project or a project to compost or 
 12.4   cocompost waste may receive grant assistance up to 50 percent of 
 12.5   the capital cost of the project or $2,000,000, whichever is 
 12.6   less, except that projects completed as a result of intercounty 
 12.7   cooperative agreements may receive (1) grant assistance up to 50 
 12.8   percent of the capital cost of the project; or (2) $2,000,000 
 12.9   times the number of participating counties, whichever is less.  
 12.10  The following projects may also receive grant assistance in the 
 12.11  amounts specified in this paragraph: 
 12.12     (1) a project to improve control of or reduce air emissions 
 12.13  at an existing resource recovery facility; and 
 12.14     (2) a project to substantially increase the recovery of 
 12.15  materials or energy, substantially reduce the amount or toxicity 
 12.16  of waste processing residuals, or expand the capacity of an 
 12.17  existing resource recovery facility to meet the resource 
 12.18  recovery needs of an expanded region if each county from which 
 12.19  waste is or would be received has achieved a recycling rate in 
 12.20  excess of the goals in section 115A.551, and is implementing 
 12.21  aggressive waste reduction and household hazardous waste 
 12.22  management programs. 
 12.23     (d) Notwithstanding paragraph (e), the director may award 
 12.24  grants for transfer stations that will initially transfer waste 
 12.25  to landfills if the transfer stations are part of a planned 
 12.26  resource recovery project, the county where the planned resource 
 12.27  recovery facility will be located has a comprehensive solid 
 12.28  waste management plan approved by the director, and the solid 
 12.29  waste management plan proposes the development of the resource 
 12.30  recovery facility.  If the proposed resource recovery facility 
 12.31  is not in place and operating within 12 years of the date of the 
 12.32  grant award, the recipient shall repay the grant amount to the 
 12.33  state. 
 12.34     (e) Projects without resource recovery are not eligible for 
 12.35  assistance. 
 12.36     (f) In addition to any assistance received under paragraph 
 13.1   (b) or (c), a project may receive grant assistance for the cost 
 13.2   of tests necessary to determine the appropriate pollution 
 13.3   control equipment for the project or the environmental effects 
 13.4   of the use of any product or material produced by the project. 
 13.5      (g) In addition to the application requirements of section 
 13.6   115A.51, an application for a project serving eligible 
 13.7   jurisdictions in only a single county must demonstrate that 
 13.8   cooperation with jurisdictions in other counties to develop the 
 13.9   project is not needed or not feasible.  Each application must 
 13.10  also demonstrate that the project is not financially prudent 
 13.11  without the state assistance, because of the applicant's 
 13.12  financial capacity and the problems inherent in the waste 
 13.13  management situation in the area, particularly transportation 
 13.14  distances and limited waste supply and markets for resources 
 13.15  recovered.  
 13.16     (h) For the purposes of this subdivision, a "project" means 
 13.17  a processing facility, together with any transfer stations, 
 13.18  transmission facilities, and other related and appurtenant 
 13.19  facilities primarily serving the processing facility.  The 
 13.20  director shall adopt rules for the program by July 1, 1985. 
 13.21     (i) Notwithstanding anything in this subdivision to the 
 13.22  contrary, a project to construct a new mixed municipal solid 
 13.23  waste transfer station that has an enforceable commitment of at 
 13.24  least ten years, or of sufficient length to retire bonds sold 
 13.25  for the facility, to serve an existing resource recovery 
 13.26  facility may receive grant assistance up to 75 percent of the 
 13.27  capital cost of the project if addition of the transfer station 
 13.28  will increase substantially the geographical area served by the 
 13.29  resource recovery facility and the ability of the resource 
 13.30  recovery facility to operate more efficiently on a regional 
 13.31  basis and the facility meets the criteria in paragraph (c), the 
 13.32  second clause (2).  A transfer station eligible for assistance 
 13.33  under this paragraph is not eligible for assistance under any 
 13.34  other paragraph of this subdivision. 
 13.35     Sec. 16.  Minnesota Statutes 2000, section 115A.541, is 
 13.36  amended to read: 
 14.1      115A.541 [PLAN; GRANT REQUIREMENT.] 
 14.2      The director may approve a plan under section 115A.46 or 
 14.3   make a grant for a recycling facility under section 115A.54, 
 14.4   subdivision 2a, only if the director finds that the applicant 
 14.5   demonstrates a commitment to recycle materials separated by 
 14.6   generators to the extent the program is cost-effective in 
 14.7   meeting recycling goals. 
 14.8      Sec. 17.  Minnesota Statutes 2000, section 115A.55, 
 14.9   subdivision 1, is amended to read: 
 14.10     Subdivision 1.  [COORDINATION.] The director shall develop 
 14.11  and coordinate solid waste reduction programs, with emphasis on 
 14.12  assistance provided by staff located in regional offices, to 
 14.13  include at least public education, promotion of waste reduction, 
 14.14  and technical and financial assistance to solid waste generators.
 14.15     Sec. 18.  Minnesota Statutes 2000, section 115A.552, 
 14.16  subdivision 2, is amended to read: 
 14.17     Subd. 2.  [RECYCLING OPPORTUNITIES.] An opportunity to 
 14.18  recycle must include:  
 14.19     (1) a local recycling center in the county and sites for 
 14.20  collecting recyclable materials that are located in areas 
 14.21  convenient for persons to use them; 
 14.22     (2) curbside pickup, centralized drop-off, or a local 
 14.23  recycling center for at least four broad types of recyclable 
 14.24  materials in cities with a population of 5,000 or more persons; 
 14.25  and 
 14.26     (3) monthly pickup of at least four broad types of 
 14.27  recyclable materials in cities of the first and second class and 
 14.28  cities with 5,000 or more population in the metropolitan 
 14.29  area unless alternative methods of recycling are provided for 
 14.30  these materials. 
 14.31     Sec. 19.  Minnesota Statutes 2000, section 115A.557, is 
 14.32  amended to read: 
 14.33     115A.557 [COUNTY WASTE REDUCTION AND RECYCLING ABATEMENT 
 14.34  FUNDING.] 
 14.35     Subdivision 1.  [DISTRIBUTION; FORMULA.] Any Funds 
 14.36  appropriated to the director for the purpose of distribution to 
 15.1   counties under this section must be distributed each fiscal year 
 15.2   by the director commissioner of revenue based on population, 
 15.3   except a county may not receive less than $55,000 in a fiscal 
 15.4   year.  In order to be eligible for these funds, a county must 
 15.5   have spent or encumbered the money appropriated in previous 
 15.6   years for the purposes described in subdivision 2.  For purposes 
 15.7   of this subdivision, "population" has the definition given in 
 15.8   section 477A.011, subdivision 3.  A county that participates in 
 15.9   a multicounty district that manages solid waste and that has 
 15.10  responsibility for recycling programs as authorized in section 
 15.11  115A.552, must pass through to the districts funds received by 
 15.12  the county in excess of the $55,000 annual base under this 
 15.13  section in proportion to the population of the county served by 
 15.14  that district. 
 15.15     Subd. 2.  [PURPOSES FOR WHICH MONEY MAY BE SPENT.] A county 
 15.16  receiving money distributed by the director commissioner of 
 15.17  revenue under this section may use the money only for the 
 15.18  development and implementation of solid waste abatement programs 
 15.19  to: 
 15.20     (1) reduce the amount of solid waste generated; 
 15.21     (2) recycle the maximum amount of solid waste technically 
 15.22  feasible; 
 15.23     (3) create and support markets for recycled products; 
 15.24     (4) remove problem materials from the solid waste stream 
 15.25  and develop proper disposal options for them; 
 15.26     (5) inform and educate all sectors of the public about 
 15.27  proper solid waste management procedures; 
 15.28     (6) provide technical assistance to public and private 
 15.29  entities to ensure proper solid waste management; and 
 15.30     (7) provide educational, technical, and financial 
 15.31  assistance for litter prevention. and activities to promote 
 15.32  resource conservation as identified in a county's board-approved 
 15.33  solid waste management plan, but not including organized 
 15.34  collection as defined in section 115A.94, subdivision 1. 
 15.35     Subd. 3.  [ELIGIBILITY TO RECEIVE MONEY.] (a) To be 
 15.36  eligible to receive money distributed by the director 
 16.1   commissioner of revenue under this section, a county 
 16.2   shall within one year of October 4, 1989: 
 16.3      (1) create a separate account in its general fund to credit 
 16.4   the money; and 
 16.5      (2) set up accounting procedures to ensure that money in 
 16.6   the separate account is spent only for the purposes in 
 16.7   subdivision 2. 
 16.8      (b) In each following year, each county shall also: 
 16.9      (1) have in place an approved a solid waste management plan 
 16.10  or master plan including a recycling implementation strategy 
 16.11  under section 115A.551, subdivision 7, and a household hazardous 
 16.12  waste management plan under section 115A.96, subdivision 6, by 
 16.13  the dates specified in those provisions; 
 16.14     (2) submit a report by April 1 of each year to the director 
 16.15  commissioner of revenue detailing for the previous calendar year:
 16.16     (i) how the money was spent including, but not limited to, 
 16.17  specific information on the number of employees performing SCORE 
 16.18  waste abatement planning, oversight, and administration; the 
 16.19  percentage of those employees' total work time allocated 
 16.20  to SCORE waste abatement planning, oversight, and 
 16.21  administration; the specific duties and responsibilities of 
 16.22  those employees; and the amount of staff salary for these SCORE 
 16.23  waste abatement duties and responsibilities of the employees; 
 16.24  and (ii) the resulting gains achieved in solid waste management 
 16.25  practices; and 
 16.26     (3) provide evidence to the director commissioner of 
 16.27  revenue that local revenue equal to 25 percent of the 
 16.28  money sought granted for distribution under this section will be 
 16.29  spent for the purposes in subdivision 2. 
 16.30     (c) The director commissioner of revenue shall withhold all 
 16.31  or part of the funds to be distributed to a county under this 
 16.32  section if the county fails to comply with this subdivision and 
 16.33  subdivision 2. 
 16.34     Subd. 4.  [REPORT.] By July 1 of each odd-numbered year, 
 16.35  the director commissioner of revenue shall report on how the 
 16.36  money was spent and the resulting statewide improvements in 
 17.1   solid waste management to the house of representatives and 
 17.2   senate appropriations, finance, and environment and natural 
 17.3   resources committees, the finance division of the senate 
 17.4   committee on environment and natural resources, and the house of 
 17.5   representatives committee on environment and natural resources 
 17.6   finance.  The report shall be included in the report required 
 17.7   under section 115A.411. 
 17.8      Sec. 20.  Minnesota Statutes 2000, section 115A.908, 
 17.9   subdivision 2, is amended to read: 
 17.10     Subd. 2.  [DEPOSIT OF REVENUE.] Revenue collected shall be 
 17.11  credited to the motor vehicle transfer account in the 
 17.12  environmental fund.  As cash flow permits, the commissioner of 
 17.13  finance must transfer (1) $3,200,000 each fiscal year from the 
 17.14  motor vehicle transfer account to the environmental response, 
 17.15  compensation, and compliance account established in section 
 17.16  115B.20, of which $....... must be used for the waste tire 
 17.17  program; and (2) $1,200,000 each fiscal year from the motor 
 17.18  vehicle transfer account to the general fund. 
 17.19     Sec. 21.  Minnesota Statutes 2000, section 115A.916, is 
 17.20  amended to read: 
 17.21     115A.916 [MOTOR VEHICLE FLUIDS AND FILTERS; PROHIBITIONS.] 
 17.22     (a) A person may not knowingly place motor oil, brake 
 17.23  fluid, power steering fluid, transmission fluid, motor oil 
 17.24  filters, or motor vehicle antifreeze: 
 17.25     (1) in solid waste or in a solid waste management facility 
 17.26  other than a recycling facility or a household hazardous waste 
 17.27  collection facility; 
 17.28     (2) in or on the land, unless approved by the agency; or 
 17.29     (3) in or on the waters of the state, in an individual 
 17.30  sewage treatment system as defined in section 115.55, or in a 
 17.31  stormwater or wastewater collection or treatment system except 
 17.32  as described in paragraph (c).  
 17.33     (b) For the purposes of this section, "antifreeze" does not 
 17.34  include small amounts of antifreeze contained in water used to 
 17.35  flush the cooling system of a vehicle after the antifreeze has 
 17.36  been drained and does not include deicer that has been used on 
 18.1   the exterior of a vehicle. 
 18.2      (c) A person may place waste motor vehicle antifreeze in a 
 18.3   wastewater collection or treatment system permitted by the 
 18.4   agency, unless prohibited by the operator of the system, if the 
 18.5   person: 
 18.6      (1) generates an annual average of less than 50 gallons per 
 18.7   month of waste motor vehicle antifreeze; and 
 18.8      (2) keeps records of the amount of waste antifreeze 
 18.9   generated.  Records must be maintained on site and made 
 18.10  available for inspection for a minimum of three years following 
 18.11  generation of the waste antifreeze. 
 18.12     (d) Notwithstanding paragraph (a), motor oil filters and 
 18.13  portions of motor oil filters may be processed at a permitted 
 18.14  mixed municipal solid waste resource recovery facility that 
 18.15  directly burns the waste if: 
 18.16     (1) the facility is subject to an industrial waste 
 18.17  management plan that addresses management of motor oil filters 
 18.18  and the owner or operator of the facility can demonstrate to the 
 18.19  satisfaction of the commissioner that the facility is in 
 18.20  compliance with that plan;. 
 18.21     (2) the facility recovers ferrous metal after incineration 
 18.22  for recycling as part of its operation; and 
 18.23     (3) the motor oil filters are collected separately from 
 18.24  mixed municipal solid waste and are not combined with it except 
 18.25  for the purpose of incinerating the waste. 
 18.26     (e) The commissioner of the pollution control agency, in 
 18.27  conjunction with the director of the office of environmental 
 18.28  assistance, industry organizations representing automotive 
 18.29  repair businesses and antifreeze recycling businesses, and 
 18.30  environmental organizations shall work together to develop and 
 18.31  promote opportunities to recycle waste motor vehicle antifreeze 
 18.32  and to review the impact of alternative antifreeze disposal or 
 18.33  recycling methods on businesses and the environment. 
 18.34     Sec. 22.  Minnesota Statutes 2000, section 115A.919, 
 18.35  subdivision 1, is amended to read: 
 18.36     Subdivision 1.  [FEE.] (a) A county may impose a fee, 
 19.1   by not to exceed $1 per cubic yard of waste, or its equivalent, 
 19.2   on operators of facilities for the disposal of mixed municipal 
 19.3   solid waste or construction debris located within the county.  
 19.4   The revenue from the fees shall be credited to the county 
 19.5   general fund and shall be used only for landfill abatement 
 19.6   purposes, or costs of closure, postclosure care, and response 
 19.7   actions or for purposes of mitigating and compensating for the 
 19.8   local risks, costs, and other adverse effects of facilities.  
 19.9      (b) Fees for construction debris facilities may not exceed 
 19.10  50 cents per cubic yard.  Revenues from the fees must offset any 
 19.11  financial assurances required by the county for a construction 
 19.12  debris facility.  The maximum revenue that may be collected for 
 19.13  a construction debris facility must be determined by multiplying 
 19.14  the total permitted capacity of the facility by 15 cents per 
 19.15  cubic yard.  Once the maximum revenue has been collected for a 
 19.16  facility, the fee may no longer be imposed.  The limitation on 
 19.17  the fees in this paragraph and in section 115A.921, subdivision 
 19.18  2, are not intended to alter the liability of the facility 
 19.19  operator or the authority of the agency to impose financial 
 19.20  assurance requirements. 
 19.21     Sec. 23.  Minnesota Statutes 2000, section 115A.93, 
 19.22  subdivision 3, is amended to read: 
 19.23     Subd. 3.  [LICENSE REQUIREMENTS; PRICING BASED ON VOLUME OR 
 19.24  WEIGHT.] (a) A licensing authority shall require licensees to 
 19.25  impose charges for collection of mixed municipal solid waste 
 19.26  that increase with the volume or weight of the waste collected.  
 19.27     (b) A licensing authority may impose requirements that are 
 19.28  consistent with the county's solid waste policies as a condition 
 19.29  of receiving and maintaining a license.  
 19.30     (c) A licensing authority shall prohibit mixed municipal 
 19.31  solid waste collectors from imposing a greater charge on 
 19.32  residents who recycle than on residents who do not recycle. 
 19.33     (d) The director may exempt a licensing authority from the 
 19.34  requirements of paragraph (a) if the county within which the 
 19.35  authority is located has an approved a solid waste management 
 19.36  plan that concludes that variable rate pricing is not 
 20.1   appropriate for that jurisdiction because it is inconsistent 
 20.2   with other incentives and mechanisms implemented within the 
 20.3   jurisdiction that are more effective in attaining the goals of 
 20.4   this chapter to discourage on-site disposal, littering, and 
 20.5   illegal dumping.  
 20.6      (e) In the interim between revisions to the county solid 
 20.7   waste management plan, the director may exempt a licensing 
 20.8   authority from the requirements of paragraph (a) if the director 
 20.9   makes the determination otherwise made by the plan in paragraph 
 20.10  (d) and finds that the licensing authority: 
 20.11     (1) operates or contracts for the operation of a 
 20.12  residential recycling program that collects more categories of 
 20.13  recyclable materials than required in section 115A.552; 
 20.14     (2) has a residential participation rate in its recycling 
 20.15  programs of at least 70 percent or in excess of the 
 20.16  participation rate for the county in which it is located, 
 20.17  whichever is greater; and 
 20.18     (3) is located in a county that has exceeded the recycling 
 20.19  goals in section 115A.551. 
 20.20  An exemption granted by the director in the interim between 
 20.21  revisions to the county solid waste management plan is only 
 20.22  effective until the county solid waste management plan is 
 20.23  revised. 
 20.24     Sec. 24.  Minnesota Statutes 2000, section 115A.9301, 
 20.25  subdivision 4, is amended to read: 
 20.26     Subd. 4.  [EXEMPTION.] (a) The director may exempt a local 
 20.27  government unit from the requirements of subdivision 1 if the 
 20.28  county within which the local government unit is located has an 
 20.29  approved a solid waste management plan that concludes that 
 20.30  variable rate pricing is not appropriate for that jurisdiction 
 20.31  because it is inconsistent with other incentives and mechanisms 
 20.32  implemented within the jurisdiction that are more effective in 
 20.33  attaining the goals of this chapter to discourage on-site 
 20.34  disposal, littering, and illegal dumping.  
 20.35     (b) In the interim between revisions to the county solid 
 20.36  waste management plan, the director may exempt a local 
 21.1   government unit from the requirements of subdivision 1 if the 
 21.2   director makes the determination otherwise made by the plan in 
 21.3   paragraph (a) and finds that the local government unit: 
 21.4      (1) operates or contracts for the operation of a 
 21.5   residential recycling program that collects more categories of 
 21.6   recyclable materials than required in section 115A.552; 
 21.7      (2) has a residential participation rate in its recycling 
 21.8   programs of at least 70 percent or in excess of the 
 21.9   participation rate for the county in which it is located, 
 21.10  whichever is greater; and 
 21.11     (3) is located in a county that has exceeded the recycling 
 21.12  goals in section 115A.551. 
 21.13  An exemption granted by the director in the interim between 
 21.14  revisions to the county solid waste management plan is only 
 21.15  effective until the county solid waste management plan is 
 21.16  revised. 
 21.17     Sec. 25.  Minnesota Statutes 2000, section 115A.94, is 
 21.18  amended by adding a subdivision to read: 
 21.19     Subd. 8.  [REASONABLE COMPENSATION.] Notwithstanding 
 21.20  subdivision 7, if any portion of a solid waste collector's 
 21.21  business is displaced by organized collection due to annexation 
 21.22  or other use of government authority, the local unit of 
 21.23  government that authorized the organized collection must pay 
 21.24  reasonable compensation to the collector for the value of the 
 21.25  business that is displaced when organized collection begins. 
 21.26     Sec. 26.  Minnesota Statutes 2000, section 115B.412, is 
 21.27  amended by adding a subdivision to read: 
 21.28     Subd. 7a.  [AUDITS REQUIRED.] The legislative auditor shall 
 21.29  audit expenditures by the agency each even-numbered year to 
 21.30  ensure that money is spent for the purposes set out in sections 
 21.31  115B.39 to 115B.445.  By February 1 of each odd-numbered year, 
 21.32  the auditor shall distribute copies of the audit findings to the 
 21.33  committees of the legislature with jurisdiction over the 
 21.34  environment and environmental finance and shall make the report 
 21.35  available on its Internet site.  The auditor may bill the agency 
 21.36  for the cost of the audit.  All collections received for the 
 22.1   audits must be deposited in the general fund.  
 22.2      Sec. 27.  Minnesota Statutes 2000, section 116.02, 
 22.3   subdivision 1, is amended to read: 
 22.4      Subdivision 1.  A pollution control agency, designated as 
 22.5   the Minnesota pollution control agency, is hereby created.  The 
 22.6   agency shall consist of the commissioner and eight nine members 
 22.7   appointed by the governor, by and with the advice and consent of 
 22.8   the senate.  The commissioner is not a member of the agency.  
 22.9   One of such members shall be a person knowledgeable in the field 
 22.10  of agriculture and one shall be representative of organized 
 22.11  labor. 
 22.12     Sec. 28.  Minnesota Statutes 2000, section 116.02, 
 22.13  subdivision 9, is amended to read: 
 22.14     Subd. 9.  The commissioner shall inform interested persons 
 22.15  as appropriate in public notices and other public documents of 
 22.16  their right to request the agency to make decisions in specific 
 22.17  matters provided in subdivision 6 and the right of agency 
 22.18  members to request that decisions be made by the agency as 
 22.19  provided in subdivision 8.  The commissioner shall also 
 22.20  regularly inform the agency and interested persons of activities 
 22.21  that have broad policy implications or potential environmental 
 22.22  significance and of activities in which the public has exhibited 
 22.23  substantial interest, including annual budget and legislative 
 22.24  initiatives during their development and prior to the agency's 
 22.25  formal submittal of annual budget requests and legislative 
 22.26  proposals.  
 22.27     Sec. 29.  Minnesota Statutes 2000, section 116.03, 
 22.28  subdivision 2, is amended to read: 
 22.29     Subd. 2.  [ORGANIZATION OF OFFICE.] The commissioner shall 
 22.30  organize the agency and employ such assistants and other 
 22.31  officers, employees and agents as the commissioner may deem 
 22.32  necessary to discharge the functions of the commissioner's 
 22.33  office, define the duties of such officers, employees and 
 22.34  agents, and delegate to them any of the commissioner's powers, 
 22.35  duties, and responsibilities, subject to the commissioner's 
 22.36  control and under such conditions as the commissioner may 
 23.1   prescribe.  The commissioner may also contract with persons, 
 23.2   firms, corporations, the federal government and any agency or 
 23.3   instrumentality thereof, the water research center of the 
 23.4   University of Minnesota or any other instrumentality of such 
 23.5   university, for doing any of the work of the commissioner's 
 23.6   office, and none of neither section 43A.047, relating to 
 23.7   contracted services, nor the provisions of chapter 16C, relating 
 23.8   to bids, shall apply to such contracts. 
 23.9      Sec. 30.  Minnesota Statutes 2000, section 116.07, 
 23.10  subdivision 4j, is amended to read: 
 23.11     Subd. 4j.  [PERMITS; SOLID WASTE FACILITIES.] (a) The 
 23.12  agency may not issue a permit for new or additional capacity for 
 23.13  a mixed municipal solid waste resource recovery or disposal 
 23.14  facility as defined in section 115A.03 unless each county using 
 23.15  or projected in the permit to use the facility has in place a 
 23.16  solid waste management plan approved reviewed under section 
 23.17  115A.46 or approved under 473.803 and amended as required by 
 23.18  section 115A.96, subdivision 6.  The agency shall issue the 
 23.19  permit only if the capacity of the facility is consistent with 
 23.20  the needs for resource recovery or disposal capacity identified 
 23.21  in the approved plan or plans.  Consistency must be determined 
 23.22  by the office of environmental assistance.  Plans approved 
 23.23  before January 1, 1990, need not be revised if the capacity 
 23.24  sought in the permit is consistent with the approved plan or 
 23.25  plans. 
 23.26     (b) The agency shall require as part of the permit 
 23.27  application for a waste incineration facility identification of 
 23.28  preliminary plans for ash management and ash leachate 
 23.29  treatment management or ash utilization.  The permit issued by 
 23.30  the agency must include requirements for ash management and ash 
 23.31  leachate treatment or ash utilization. 
 23.32     (c) Within 30 days of receipt by the agency of a permit 
 23.33  application for a solid waste facility, the commissioner shall 
 23.34  notify the applicant in writing whether the application is 
 23.35  complete and if not, what items are needed to make it complete, 
 23.36  and shall give an estimate of the time it will take to process 
 24.1   the application.  Within 180 90 days of receipt of a completed 
 24.2   application, the agency shall approve, or disapprove, or delay 
 24.3   decision on the application, with reasons for the 
 24.4   delay disapproval, in writing. 
 24.5      Sec. 31.  [116.156] [DISPUTES AND MEDIATION.] 
 24.6      Subdivision 1.  [FILING.] In the event of a dispute between 
 24.7   a person or local unit of government and the agency or the 
 24.8   office of environmental assistance, an aggrieved party may file 
 24.9   a written request for mediation, as provided in subdivision 2, 
 24.10  with the bureau of mediation services at any time prior to a 
 24.11  final action by the agencies or office.  
 24.12     Subd. 2.  [MEDIATION.] Within ten days of receiving a 
 24.13  request for mediation in subdivision 1, the bureau of mediation 
 24.14  services shall provide written notice of the request for 
 24.15  mediation to the parties and provide a list of neutrals 
 24.16  experienced in environmental issues obtained from the supreme 
 24.17  court, bureau of mediation services, Minnesota state bar 
 24.18  association, Hennepin county bar association, office of dispute 
 24.19  resolution, and others.  Within 30 days thereafter, the affected 
 24.20  parties shall select a mediator from the list of neutrals or 
 24.21  someone else acceptable to the parties and submit to mediation 
 24.22  for a period of 30 days facilitated by the bureau.  If the 
 24.23  dispute remains unresolved after the close of the 30-day 
 24.24  mediation period, the bureau shall prepare a report of its 
 24.25  recommendations and transmit the report within 30 days to the 
 24.26  parties.  Within 60 days after the date of issuance of the 
 24.27  mediator's report, the dispute may be submitted for an expedited 
 24.28  hearing as provided in section 116.072, subdivision 6, 
 24.29  paragraphs (a) to (e).  
 24.30     Sec. 32.  Minnesota Statutes 2000, section 297H.13, 
 24.31  subdivision 2, is amended to read: 
 24.32     Subd. 2.  [ALLOCATION OF REVENUES.] (a) $22,000,000, or 50 
 24.33  percent, whichever is greater, of the amounts remitted under 
 24.34  this chapter must be credited to the solid waste fund 
 24.35  established in section 115B.42. 
 24.36     (b) The remainder must be deposited into the general a 
 25.1   dedicated fund to be used for the purposes described in section 
 25.2   115A.557, subdivision 2. 
 25.3      Sec. 33.  Minnesota Statutes 2000, section 473.149, 
 25.4   subdivision 3, is amended to read: 
 25.5      Subd. 3.  [PREPARATION; ADOPTION; AND REVISION.] (a) The 
 25.6   solid waste policy plan shall be prepared, adopted, and revised 
 25.7   as necessary in accordance with paragraphs (c) to (e), after 
 25.8   consultation with the metropolitan counties and the pollution 
 25.9   control agency.  
 25.10     (b) Revisions to the policy plan are exempt from the 
 25.11  rulemaking provisions of chapter 14. 
 25.12     (c) Before beginning preparation of revisions to the policy 
 25.13  plan, the director shall publish a predrafting notice in the 
 25.14  State Register that includes a statement of the subjects 
 25.15  expected to be covered by the revisions, including a summary of 
 25.16  the important problems and issues.  The notice must solicit 
 25.17  comments from the public and state that the comments must be 
 25.18  received by the director within 45 days of publication of the 
 25.19  notice.  The director shall consider the comments in preparing 
 25.20  the revisions. 
 25.21     (d) After publication of the predrafting notice and before 
 25.22  adopting revisions to the policy plan, the director shall 
 25.23  publish a notice in the State Register that: 
 25.24     (1) contains a summary of the proposed revisions; 
 25.25     (2) invites public comment; 
 25.26     (3) lists locations where the proposed revised policy plan 
 25.27  can be reviewed and states that copies of the proposed revised 
 25.28  policy plan can also be obtained from the office; 
 25.29     (4) states a location for a public meeting on the revisions 
 25.30  at a time no earlier than 30 days from the date of publication; 
 25.31  and 
 25.32     (5) advises the public that they have 30 days from the date 
 25.33  of the public meeting in clause (4) to submit comments on the 
 25.34  revisions to the director. 
 25.35     (e) At the meeting described in paragraph (d), clause (4), 
 25.36  the public shall be given an opportunity to present their views 
 26.1   on the policy plan revisions.  The director shall incorporate 
 26.2   any amendments to the proposed revisions that, in the director's 
 26.3   view, will help to carry out the requirements of subdivisions 1, 
 26.4   2d, and 2e.  At or before the time that policy plan revisions 
 26.5   are finally adopted, the director shall issue a report that 
 26.6   addresses issues raised in the public comments.  The report 
 26.7   shall be made available to the public and mailed to interested 
 26.8   persons who have submitted their names and addresses to the 
 26.9   director. 
 26.10     (f) The criteria and standards adopted in the policy plan 
 26.11  for review of solid waste facility permits pursuant to section 
 26.12  473.823, subdivision 3; for issuance of certificates of need 
 26.13  pursuant to section 473.823, subdivision 6; and for review of 
 26.14  solid waste contracts pursuant to section 473.813 may be 
 26.15  appealed to the court of appeals within 30 days after final 
 26.16  adoption of the policy plan.  The court may declare the 
 26.17  challenged portion of the policy plan invalid if it violates 
 26.18  constitutional provisions, is in excess of statutory authority 
 26.19  of the director, or was adopted without compliance with the 
 26.20  procedures in this subdivision.  The review shall be on the 
 26.21  record created during the adoption of the policy plan, except 
 26.22  that additional evidence may be included in the record if the 
 26.23  court finds that the additional evidence is material and there 
 26.24  were good reasons for failure to present it in the proceedings 
 26.25  described in paragraphs (c) to (e). 
 26.26     (g) The metropolitan council or a metropolitan county, 
 26.27  local government unit, commission, or person shall not acquire, 
 26.28  construct, improve or operate any solid waste facility in the 
 26.29  metropolitan area except in accordance with the plan and section 
 26.30  473.823, provided that no solid waste facility in use when a 
 26.31  plan is adopted shall be discontinued solely because it is not 
 26.32  located in an area designated in the plan as acceptable for the 
 26.33  location of such facilities. 
 26.34     Sec. 34.  Minnesota Statutes 2000, section 473.811, 
 26.35  subdivision 4a, is amended to read: 
 26.36     Subd. 4a.  [ORDINANCES; GENERAL CONDITIONS; RESTRICTIONS; 
 27.1   APPLICATION.] Ordinances of counties and local government units 
 27.2   related to or affecting waste management shall embody plans, 
 27.3   policies, rules, standards and requirements adopted by any state 
 27.4   agency authorized to manage or plan for or regulate the 
 27.5   management of waste and the waste management plans adopted under 
 27.6   section 473.149 and shall be consistent with approved county 
 27.7   master plans.  Except as provided in this subdivision, a county 
 27.8   may establish and operate or contract for the establishment or 
 27.9   operation of a solid waste disposal facility without complying 
 27.10  with local ordinances if the director certifies need under 
 27.11  section 473.823, subdivision 6.  With the approval of the 
 27.12  director, local government units may impose and enforce 
 27.13  reasonable conditions respecting the construction, operation, 
 27.14  inspection, monitoring, and maintenance of the disposal 
 27.15  facilities.  No local government unit shall prevent the 
 27.16  establishment or operation of any solid waste facility in 
 27.17  accordance with the director's decision under section 473.823, 
 27.18  subdivision 5, except that, with the approval of the director, 
 27.19  the local government unit may impose reasonable conditions 
 27.20  respecting the construction, inspection, monitoring, and 
 27.21  maintenance of a facility. 
 27.22     Sec. 35.  [CLASSIFICATION OF SOLID WASTE RULES AND 
 27.23  PROCEDURES.] 
 27.24     Subdivision 1.  [FEDERAL STATUTES AND RULES.] Federal 
 27.25  statutes and rules must not be superseded or interpreted by 
 27.26  agency policies or guidelines that have not been enacted by the 
 27.27  legislature or adopted under Minnesota Statutes, chapter 14.  
 27.28     Subd. 2.  [RESPONSE TIME DEADLINES.] Permits and 
 27.29  modifications to permits applied for under Minnesota Rules, part 
 27.30  7001.0020, item A, must be finally acted upon by the agency 
 27.31  within 90 days, or the permit or modification is deemed to be 
 27.32  granted by the agency.  
 27.33     Subd. 3.  [APPROVAL OF END USES FOR SOLID WASTE LAND 
 27.34  DISPOSAL FACILITIES.] Notwithstanding Minnesota Rules, part 
 27.35  7035.2655, final end-use plans for a solid waste land disposal 
 27.36  facility are subject solely to approval by the local zoning 
 28.1   authority. 
 28.2      Subd. 4.  [EQUITABLE APPLICATION OF WASTE RULES.] The 
 28.3   agency must develop internal procedures to assure that staff 
 28.4   apply standard approaches and methodologies to determine 
 28.5   financial assurance mechanisms under Minnesota Rules, parts 
 28.6   7035.2695 and 7035.2697, and related rules. 
 28.7      Subd. 5.  [ANNUAL REPORT; SOLID WASTE MANAGEMENT 
 28.8   FACILITIES.] The annual reporting date for solid waste 
 28.9   management facilities under Minnesota Rules, part 7035.2585, is 
 28.10  March 31.  
 28.11     Subd. 6.  [CAPITAL ASSISTANCE FOR RESOURCE CONSERVATION 
 28.12  TECHNOLOGIES.] Capital assistance grants made by the pollution 
 28.13  control agency and the office of environmental assistance under 
 28.14  Minnesota Rules, chapters 7035 and 9210, must be made available 
 28.15  for waste activities that support resource conservation as 
 28.16  defined in Minnesota Statutes, section 115A.03, subdivision 26a. 
 28.17     Sec. 36.  [REPEALER.] 
 28.18     Minnesota Statutes 2000, sections 115A.5501; 115A.917; and 
 28.19  473.823, subdivision 6, are repealed.