HF 1863

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:56am

A bill for an act
relating to solid waste; exempting certain facilities from fees for solid waste
disposal; amending Minnesota Statutes 2008, section 115A.921.

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

Section 1.

Minnesota Statutes 2008, section 115A.921, is amended to read:

115A.921 CITY OR TOWN FEE AUTHORITY.

Subdivision 1.

Mixed municipal solid waste.

new text begin (a) new text end A city or town may impose a fee,
not to exceed $1 per cubic yard of waste, or its equivalent, on operators of facilities for the
disposal of mixed municipal solid waste located within the city or town. The revenue from
the fees must be credited to the city or town general fund. Revenue produced by 25 cents of
the fee must be used only for purposes of landfill abatement or for purposes of mitigating
and compensating for the local risks, costs, and other adverse effects of facilities. Revenue
produced by the balance of the fee may be used for any general fund purpose.

new text begin (b) new text end Waste residue from recycling facilities at which recyclable materials are
separated or processed for the purpose of recycling, or from energy and resource recovery
facilities at which solid waste is processed for the purpose of extracting, reducing,
converting to energy, or otherwise separating and preparing solid waste for reuse shall
be exempt from the fee imposed by a city or town under this section if there is at least
an 85 percent weight reduction in the solid waste processed. Before any fee is reduced,
the verification procedures of section 473.843, subdivision 1, paragraph (c), must be
followed and submitted to the appropriate city or town, except that for facilities operating
outside of the metropolitan area the commissioner shall prescribe procedures for verifying
the required 85 percent weight reduction.

new text begin (c) A facility owned by a local government unit is exempt from the fees in this
subdivision.
new text end

Subd. 2.

Construction debris.

(a) A city or town may impose a fee, not to exceed
50 cents per cubic yard of waste, or its equivalent, on operators of facilities for the disposal
of construction debris located within the city or town. The revenue from the fees must be
credited to the city or town general fund. Two-thirds of the revenue must be used only
for purposes of landfill abatement or for purposes of mitigating and compensating for the
local risks, costs, and other adverse effects resulting from the facilities.

(b) A facility permitted for the disposal of construction debris is exempt from 25
percent of a fee imposed under this subdivision if the facility has implemented a recycling
program that has been approved by the county and 25 percent if the facility contains a
liner and leachate collection system approved by the agency.

(c) Two-thirds of the revenue from fees collected under this subdivision must offset
any financial assurances required by the city or town for a construction debris facility.

(d) The maximum revenue that may be collected under this subdivision must be
determined by multiplying the total permitted capacity of a facility by 15 cents per
cubic yard. Once the maximum revenue has been collected for a facility, the fees in
this subdivision may no longer be imposed.

new text begin (e) A facility owned by a local government unit is exempt from the fees in this
subdivision.
new text end