HF 2888

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to waste management; modifying certain solid 
  1.3             waste practices; amending Minnesota Statutes 2000, 
  1.4             sections 115A.02; 115A.03, subdivision 25, by adding a 
  1.5             subdivision; 297H.13, subdivision 2.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 115A.02, is 
  1.8   amended to read: 
  1.9      115A.02 [LEGISLATIVE DECLARATION OF POLICY; PURPOSES.] 
  1.10     (a) It is the goal of this chapter to protect the state's 
  1.11  land, air, water, and other natural resources and the public 
  1.12  health by recognizing that waste produced in the state often has 
  1.13  value by improving waste management in the state to serve the 
  1.14  following purposes:  
  1.15     (1) reduction in the amount and toxicity of waste 
  1.16  generated; 
  1.17     (2) separation and recovery of materials and energy from 
  1.18  waste; 
  1.19     (3) reduction in indiscriminate dependence on disposal of 
  1.20  waste; 
  1.21     (4) coordination of solid waste management among political 
  1.22  subdivisions; and 
  1.23     (5) orderly and deliberate development and financial 
  1.24  security of waste facilities including disposal facilities. 
  1.25     (b) The waste management goal of the state is to foster an 
  2.1   integrated waste management system in a manner appropriate to 
  2.2   the characteristics of the waste stream and thereby protect the 
  2.3   state's land, air, water, and other natural resources and the 
  2.4   public health.  The following waste management practices are in 
  2.5   should be utilized in the design and implementation of the 
  2.6   state's integrated waste management system in the following 
  2.7   order of preference: 
  2.8      (1) waste reduction and reuse; 
  2.9      (2) waste recycling; 
  2.10     (3) composting of yard waste, and food waste, and 
  2.11  source-separated compostable materials that yields a compost 
  2.12  product that meets the agency's class I compost standards; 
  2.13     (4) resource recovery through mixed municipal solid waste 
  2.14  composting or incineration or other processes or technologies 
  2.15  that incorporate processing and resource recovery in their 
  2.16  initial design; 
  2.17     (5) land disposal which produces no measurable methane gas 
  2.18  or which involves the retrieval of methane gas as a fuel for the 
  2.19  production of energy to be used on-site or for sale; and 
  2.20     (6) land disposal which produces measurable methane and 
  2.21  which does not involve the retrieval of methane gas as a fuel 
  2.22  for the production of energy to be used on-site or for sale. 
  2.23     Sec. 2.  Minnesota Statutes 2000, section 115A.03, is 
  2.24  amended by adding a subdivision to read: 
  2.25     Subd. 13b.  [INTEGRATED WASTE MANAGEMENT 
  2.26  SYSTEM.] "Integrated waste management system" means the 
  2.27  systematic, coordinated management of solid waste that 
  2.28  incorporates multiple processes and technologies in a manner 
  2.29  that optimizes the design and utilization of those processes and 
  2.30  technologies through the comprehensive analysis of all 
  2.31  reasonable alternatives, so as to minimize the cost of managing 
  2.32  waste appropriately while maximizing the public health and 
  2.33  environmental benefits.  
  2.34     Sec. 3.  Minnesota Statutes 2000, section 115A.03, 
  2.35  subdivision 25, is amended to read: 
  2.36     Subd. 25.  [PROCESSING.] "Processing" means the treatment 
  3.1   of waste after collection and before disposal.  Processing 
  3.2   includes but is not limited to reduction, storage, separation, 
  3.3   exchange, resource recovery, or physical, chemical, or 
  3.4   biological modification, and transfer from one waste facility to 
  3.5   another. 
  3.6      Sec. 4.  Minnesota Statutes 2000, section 297H.13, 
  3.7   subdivision 2, is amended to read: 
  3.8      Subd. 2.  [ALLOCATION OF REVENUES.] (a) $22,000,000, or 50 
  3.9   percent, whichever is greater, of the amounts remitted under 
  3.10  this chapter must be credited to the solid waste fund 
  3.11  established in section 115B.42. 
  3.12     (b) The remainder must be deposited into the general waste 
  3.13  reduction and recycling account, a special revenue account in 
  3.14  the environmental fund.  The commissioner of finance shall 
  3.15  transfer from this special revenue account to the general fund 
  3.16  an annual amount sufficient to cover any general fund bond 
  3.17  obligations related to solid waste activities.  The balance in 
  3.18  the special revenue account is appropriated to the director of 
  3.19  the office of environmental assistance for the purposes 
  3.20  specified in section 115A.557.  
  3.21     Sec. 5.  [OFFICE OF ENVIRONMENTAL ASSISTANCE.] 
  3.22     The office of environmental assistance shall: 
  3.23     (1) continue its state solid waste advisory committee 
  3.24  process and develop statewide five-year goals to improve the 
  3.25  management of the state's solid waste, in a manner consistent 
  3.26  with an integrated waste management system as defined in 
  3.27  Minnesota Statutes, section 115A.03, subdivision 13b; and 
  3.28     (2) work with other state and local government agencies 
  3.29  involved in the management of solid waste in Minnesota to 
  3.30  improve data collection and coordinate date reporting, so that 
  3.31  accurate year-to-year comparisons can be made and trends 
  3.32  identified in a timely manner. 
  3.33     The director of the office shall report to the legislature 
  3.34  by January 1, 2003, on its efforts and activities pursuant to 
  3.35  this section, and shall include any recommendations developed by 
  3.36  the advisory committee under clause (1) for legislative actions. 
  4.1      Sec. 6.  [WASTE MANAGEMENT LIABILITY REPORT.] 
  4.2      The commissioner of the pollution control agency shall 
  4.3   present a report to the legislature by January 1, 2003, 
  4.4   detailing the potential for long-term liability for Minnesota 
  4.5   waste generators and haulers with regard to the various waste 
  4.6   management practices used to manage waste produced in the state. 
  4.7   The commissioner shall include recommendations for legislative 
  4.8   actions. 
  4.9      Sec. 7.  [PERMITTING EMERGING TECHNOLOGIES.] 
  4.10     Subdivision 1.  [REQUIREMENTS.] (a) The definitions 
  4.11  contained in Minnesota Statutes, section 115A.03, apply to this 
  4.12  section. 
  4.13     (b) The pollution control agency shall implement the 
  4.14  changes to Minnesota Statutes, section 115A.02, paragraph (b), 
  4.15  clause (4), made by section 1, by permitting projects in 
  4.16  accordance with the requirements of this section.  In deciding 
  4.17  whether to issue a permit for a project utilizing a technology 
  4.18  that incorporates processing and resource recovery in its 
  4.19  initial design, the agency shall consider: 
  4.20     (1) whether the project significantly advances the waste 
  4.21  management goals described in Minnesota Statutes, section 
  4.22  115A.02, paragraph (a); and 
  4.23     (2) the potential economic impact of the proposed project 
  4.24  on publicly owned solid waste facilities in the state. 
  4.25     (c) The agency shall require the project to establish 
  4.26  financial assurance mechanisms sufficient to shield the public 
  4.27  from potential liability as a condition of permit issuance.  
  4.28     Subd. 2.  [PROCESSING.] Notwithstanding any law to the 
  4.29  contrary, the pollution control agency may determine that waste 
  4.30  received at a facility permitted under this section is processed 
  4.31  waste for the purposes of Minnesota Statutes, chapter 115A. 
  4.32     Subd. 3.  [LIMITATION AND REPORT.] The pollution control 
  4.33  agency may limit the number of permits issued under this section 
  4.34  if it finds this limitation to be consistent with the public 
  4.35  interest.  The commissioner of the pollution control agency 
  4.36  shall report to the legislature by January 1, 2007, on the 
  5.1   performance of projects permitted under this section, and shall 
  5.2   include any recommendations for legislative action. 
  5.3      Sec. 8.  [EFFECTIVE DATE.] 
  5.4      Sections 1, 2, 5, and 6 are effective the day following 
  5.5   final enactment.  Section 4 is effective on July 1, 2005.