HF 3417

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/13/2024 04:26pm

A bill for an act
relating to solid waste; requiring waste composition studies; amending Minnesota
Statutes 2022, section 115A.5502; proposing coding for new law in Minnesota
Statutes, chapter 115A; repealing Minnesota Statutes 2022, section 115A.5501.

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

Section 1.

new text begin [115A.412] WASTE COMPOSITION; INFORMATION REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Study required. new text end

new text begin (a) Every two years, beginning in ..., the commissioner
must direct the owners and operators at 20 percent of each of the following facility types
to perform a waste composition study:
new text end

new text begin (1) mixed municipal solid waste land disposal facilities;
new text end

new text begin (2) industrial solid waste land disposal facilities;
new text end

new text begin (3) demolition debris land disposal facilities;
new text end

new text begin (4) resource recovery facilities;
new text end

new text begin (5) transfer stations; and
new text end

new text begin (6) other facilities identified by the commissioner.
new text end

new text begin (b) The waste composition study must be performed at the sole expense of each owner
or operator as directed by the commissioner.
new text end

new text begin (c) When selecting facilities for waste composition studies, the commissioner must rotate
the participants so that, over time, the studies cover the entirety of the facilities identified
under paragraph (a). The commissioner must determine the time frame for each study in
the two-year cycle. The owner or operator of each selected facility must complete the study
within one year of being notified by the commissioner of selection to perform a waste
composition study.
new text end

new text begin Subd. 2. new text end

new text begin Study requirements. new text end

new text begin (a) The commissioner must:
new text end

new text begin (1) determine the sampling methods to be used and the categories of materials to be
sampled for waste composition studies; and
new text end

new text begin (2) provide the sampling methods and any additional requirements identified by the
commissioner to each owner or operator directed to perform a study.
new text end

new text begin (b) The sampling methods must include the number of samples to be taken, the size or
weight of each sample, the duration of a sampling event, the sampling interval, and any
additional methods identified by the commissioner. The categories of materials to be sampled
must include categories and subcategories identified by the commissioner to represent the
materials present at each facility.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin Within six months after completing a waste composition study required
under this section, the owner or operator of a facility must submit the raw data and results
of the study to the commissioner in a form and manner prescribed by the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Compilation. new text end

new text begin After each two-year cycle, the commissioner must compile and
summarize the waste composition data received under subdivision 3. The commissioner
must make the summary information available to the public.
new text end

new text begin Subd. 5. new text end

new text begin Additional studies; information. new text end

new text begin (a) The commissioner may conduct additional
waste composition studies at facilities described in subdivision 1.
new text end

new text begin (b) Upon request of the commissioner for purposes of determining compliance with this
section, a person must furnish to the commissioner any information that the person has or
may reasonably obtain.
new text end

new text begin (c) The owner or operator of a facility shall allow access upon reasonable notice to
authorized agency staff for the purpose of conducting waste composition studies.
new text end

Sec. 2.

Minnesota Statutes 2022, section 115A.5502, is amended to read:

115A.5502 PACKAGING PRACTICES; PREFERENCES; GOALS.

Packaging forms a substantial portion of solid waste and contributes to environmental
degradation and the costs of managing solid waste. It is imperative to reduce the amount
and toxicity of packaging that must be managed as solid waste. In order to achieve significant
reduction of packaging in solid waste deleted text begin and to assist packagers and others to meet the packaging
reduction goal in section 115A.5501 deleted text end , the goal of the state is that items be distributed without
any packaging where feasible and, only when necessary to protect health and safety or
product integrity, with the minimal amount of packaging possible. The following categories
of packaging are listed in order of preference for use by all persons who find it necessary
to package items for distribution or use in the state:

(1) minimal packaging that contains no intentionally introduced toxic materials and that
is designed to be and actually is reused for its original purpose at least five times;

(2) minimal packaging that contains no intentionally introduced toxic materials and
consists of a significant percentage of postconsumer material;

(3) minimal packaging that contains no intentionally introduced toxic materials, that is
recyclable, and is regularly collected through recycling collection programs available to at
least 75 percent of the residents of the state;

(4) minimal packaging that does not comply with clause (1), (2), or (3) because it is
required under federal or state law and for which there does not exist a commercially feasible
alternative that does comply with clause (1), (2), or (3);

(5) packaging that contains no intentionally introduced toxic materials but does not
comply with clauses (1) to (4); and

(6) all other packaging.

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 115A.5501, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-05258

115A.5501 REDUCING PACKAGING IN WASTE.

Subdivision 1.

Statewide reduction goal.

It is the goal of the state that there be a minimum 25 percent statewide per capita reduction in the amount of discarded packaging delivered to facilities by December 31, 1995, based on a reasonable estimate of the amount of packaging that was delivered to facilities in calendar year 1992.

Subd. 2.

Measurement; procedures.

(a) To measure the overall percentage of packaging in the statewide solid waste stream, the commissioner shall conduct annual solid waste composition studies in the nonmetropolitan and metropolitan areas or shall develop an alternative method that is as statistically reliable as a waste composition study to measure the percentage of packaging in the waste stream.

(b) The commissioner shall average the nonmetropolitan and metropolitan results and submit the statewide percentage, along with a statistically reliable margin of error, to the senate and house of representatives committees having jurisdiction over environment and natural resources and environment and natural resources finance by July 1 of each year. The 1994 report must include a discussion of the reliability of data gathered under this subdivision and the methodology used to determine a statistically reliable margin of error.

Subd. 3.

Access; waste composition studies.

The owner or operator of a facility shall allow access upon reasonable notice to authorized agency staff for the purpose of conducting waste composition studies or otherwise assessing the amount of total packaging in the waste delivered to the facility under this section.

Subd. 4.

Report.

The commissioner shall apply the statewide percentage determined under subdivision 2 to the aggregate amount of solid waste determined under subdivision 3 to determine the amount of packaging in the waste stream. By July 1, 1996, the commissioner shall submit to the Legislative Commission on Waste Management an analysis of the extent to which the waste packaging reduction goal in subdivision 1 has been met. In determining whether the goal has been met, the margin of error must be applied in favor of meeting the goal. The commissioner shall use the statistical mean for the data collected in determining whether the goal has been met and shall include in the analysis a discussion of the margin of error and statistical reliability for the data collected.

Subd. 5.

Recommendations for further reduction goals.

If the goal in subdivision 1 is met, the commissioner shall include in the report required in subdivision 4 recommendations for appropriate goals for further reducing the amount of discarded packaging delivered to facilities. The report must include an analysis of the costs of further reductions.

Subd. 6.

Definition.

For the purposes of this section, "facility" means a composting, incineration, refuse-derived fuel, or disposal facility that accepts mixed municipal solid waste or construction waste.