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HF 3967

as introduced - 89th Legislature (2015 - 2016) Posted on 04/25/2016 04:15pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to solid waste; requiring Pollution Control Agency to certify certain
information regarding bonding proposals for solid waste facilities; requiring
additional analysis in applications for state assistance for solid waste management
projects; amending Minnesota Statutes 2014, sections 16A.86, subdivision 3a;
115A.51.

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

Section 1.

Minnesota Statutes 2014, section 16A.86, subdivision 3a, is amended to read:


Subd. 3a.

Information provided.

All requests for state assistance under this section
must include the following information:

(1) the name of the political subdivision that will own the capital project for which
state assistance is being requested;

(2) the public purpose of the project;

(3) the extent to which the political subdivision has or expects to provide local,
private, user financing, or other nonstate funding for the project;

(4) a list of the bondable activities that the project encompasses; examples of
bondable activities are public improvements of a capital nature for land acquisition,
predesign, design, construction, and furnishing and equipping for occupancy;

(5) whether the project will require new or additional state operating subsidies;

(6) whether the governing body of the political subdivision requesting the project
has passed a resolution in support of the project and has established priorities for all
projects within its jurisdiction for which bonding appropriations are requested when
submitting multiple requests;

(7) if the project requires a predesign under section 16B.335, whether the predesign
has been completed at the time the capital project request is submitted, and whether
the political subdivision has submitted the project predesign to the commissioner of
administration for review and approval; deleted text begin and
deleted text end

(8) if applicable, the information required under section 174.93, subdivision 1adeleted text begin .deleted text end new text begin ; and
new text end

new text begin (9) for an applicant that is a public entity, as defined in section 115A.471, paragraph
(b), that is requesting assistance for a solid waste management facility, certification by the
commissioner of the Pollution Control Agency that the applicant has filed a report with
the agency analyzing the issues addressing private ownership of solid waste management
facilities identified in section 115A.51, paragraph (a), clauses (4) and (5), and that
the commissioner has determined that public ownership of the proposed solid waste
management facility is the best alternative. Within five days of filing the report with the
agency, the applicant must submit a copy of the report to each privately owned solid waste
management facility mentioned in the report.
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 2014, section 115A.51, is amended to read:


115A.51 APPLICATION REQUIREMENTS.

new text begin (a) new text end Applications for assistance under the program deleted text begin shalldeleted text end new text begin mustnew text end demonstrate:

deleted text begin (a)deleted text end new text begin (1)new text end that the project is conceptually and technically feasible;

deleted text begin (b)deleted text end new text begin (2)new text end that affected political subdivisions are committed to implement the project,
to provide necessary local financing, and to accept and exercise the government powers
necessary to the project;

deleted text begin (c)deleted text end new text begin (3)new text end that operating revenues from the project, considering the availability and
security of sources of solid waste and of markets for recovered resources, together with
any proposed federal, state, or local financial assistance, will be sufficient to pay all costs
over the projected life of the project;

deleted text begin (d)deleted text end new text begin (4)new text end that the applicant has evaluated the feasible and prudent alternatives to
disposalnew text begin , including the use of existing privately owned solid waste management facilities
with available capacity sufficient to accomplish, in whole or in part, the goals of the
proposed project,
new text end and has compared and evaluated the costs of the alternatives, including
capital and operating costs, and the effects of the alternatives on the cost to generatorsdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (5) that the applicant has identified waste management objectives in applicable
county and regional waste solid management plans that can be achieved only through
public ownership of the proposed solid waste management facility and has adequately
balanced achievement of the objectives against the requirement of the plans to encourage
and protect private ownership of solid waste management facilities.
new text end

new text begin (b)new text end The commissioner may require completion of a comprehensive solid waste
management plan conforming to the requirements of section 115A.46, before accepting
an application.new text begin Within five days of filing an application with the agency, the applicant
must submit a copy of the application to each privately owned solid waste management
facility mentioned in the portion of the application addressing the requirements of
paragraph (a), clause (5).
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