SF 1432

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 05/11/2015 12:56pm

A bill for an act
relating to environment; modifying public entity purchasing requirements;
modifying solid waste provisions; modifying subsurface sewage treatment
systems provisions; modifying compensable losses due to harmful substances;
modifying eligibility for certain grants; requiring rulemaking; amending
Minnesota Statutes 2014, sections 16C.073, subdivision 2; 115.55, subdivision
1; 115.56, subdivision 2; 115A.03, subdivision 32a; 115A.93, subdivision 1;
115B.34, subdivision 2; 446A.073, subdivisions 1, 3, 4.

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

Section 1.

Minnesota Statutes 2014, section 16C.073, subdivision 2, is amended to read:

Subd. 2.

Purchases deleted text begin ; printing deleted text end .

(a) Whenever practicable, a public entity shall:

(1) purchase uncoated new text begin copy paper, new text end office paper new text begin , new text end and printing paper;

(2) purchase recycled content new text begin copy new text end paper with at least deleted text begin ten deleted text end new text begin 30 new text end percent postconsumer
material by weight new text begin and purchase printing and office paper with at least ten percent
postconsumer material by weight new text end ;

(3) purchase new text begin copy, office, and printing new text end paper which has not been dyed with colors,
excluding pastel colors;

(4) purchase recycled content new text begin copy, office, and printing new text end paper that is manufactured
using little or no chlorine bleach or chlorine derivatives;

deleted text begin (5) use no more than two colored inks, standard or processed, except in formats
where they are necessary to convey meaning;
deleted text end

deleted text begin (6) deleted text end new text begin (5) new text end use reusable binding materials or staples and bind documents by methods
that do not use glue;

deleted text begin (7) deleted text end new text begin (6) new text end use soy-based inks;

deleted text begin (8) deleted text end new text begin (7) new text end produce reports, publications, and periodicals that are readily recyclable
deleted text begin within the state resource recovery program deleted text end ; and

deleted text begin (9) deleted text end new text begin (8) new text end purchase paper which has been made on a paper machine located in Minnesota.

(b) Paragraph (a), clause (1), does not apply to coated paper that is made with at
least 50 percent postconsumer material.

(c) A public entity shall print documents on both sides of the paper where commonly
accepted publishing practices allow.

deleted text begin (d) Notwithstanding paragraph (a), clause (2), and section 16C.0725, copier paper
purchased by a state agency must contain at least ten percent postconsumer material by
fiber content.
deleted text end

Sec. 2.

Minnesota Statutes 2014, section 115.55, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to sections
115.55 to 115.56.

(b) "Advisory committee" means the Advisory Committee on Subsurface Sewage
Treatment Systems established under the subsurface sewage treatment system rules. The
advisory committee must be appointed to ensure geographic representation of the state
and include elected public officials.

(c) "Applicable requirements" means:

(1) local ordinances that comply with the subsurface sewage treatment system rules,
as required in subdivision 2; or

(2) in areas without compliant ordinances described in clause (1), the subsurface
sewage treatment system rules.

new text begin (d) "Building sewer connected to a subsurface sewage treatment system" means the
pipe that connects a structure to a subsurface sewage treatment system. Building sewers
connected to subsurface sewage treatment systems are codefined as both plumbing and
subsurface sewage treatment system components.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end "City" means a statutory or home rule charter city.

deleted text begin (e) deleted text end new text begin (f) new text end "Commissioner" means the commissioner of the Pollution Control Agency.

deleted text begin (f) deleted text end new text begin (g) new text end "Dwelling" means a building or place used or intended to be used by human
occupants as a single-family or two-family unit.

deleted text begin (g) deleted text end new text begin (h) new text end "Subsurface sewage treatment system" or "system" means a sewage treatment
system, or part thereof, that uses subsurface soil treatment and disposal, or a holding tank,
serving a dwelling, other establishment, or a group thereof, and that does not require a
state permit new text begin . Subsurface sewage treatment system includes a building sewer connected
to a subsurface sewage treatment system new text end .

deleted text begin (h) deleted text end new text begin (i) new text end "Subsurface sewage treatment system professional" means an inspector,
installer, designer, service provider, or maintainer.

deleted text begin (i) deleted text end new text begin (j) new text end "Subsurface sewage treatment system rules" means rules adopted by the
agency that establish minimum standards and criteria for the design, location, installation,
use, maintenance, and closure of subsurface sewage treatment systems.

deleted text begin (j) deleted text end new text begin (k) new text end "Inspector" means a person who inspects subsurface sewage treatment
systems for compliance with the applicable requirements.

deleted text begin (k) deleted text end new text begin (l) new text end "Installer" means a person who constructs or repairs subsurface sewage
treatment systems.

deleted text begin (l) deleted text end new text begin (m) new text end "Local unit of government" means a township, city, or county.

deleted text begin (m) deleted text end new text begin (n) new text end "Performance-based system" means a system that is designed specifically
for environmental conditions on a site and is designed to adequately protect the public
health and the environment and provide consistent, reliable, long-term performance. At a
minimum, a performance based system must ensure that applicable water quality standards
are met in both ground and surface water that ultimately receive the treated sewage.

deleted text begin (n) deleted text end new text begin (o) new text end "Maintainer " means a person who removes solids and liquids from and
maintains and repairs components of subsurface sewage treatment systems including, but
not limited to, sewage, aerobic, and holding tanks.

deleted text begin (o) deleted text end new text begin (p) new text end "Seasonal dwelling" means a dwelling that is occupied or used for less than
180 days per year and less than 120 consecutive days.

deleted text begin (p) deleted text end new text begin (q) new text end "Septic system tank" means any covered receptacle designed, constructed,
and installed as part of a subsurface sewage treatment system.

deleted text begin (q) deleted text end new text begin (r) new text end "Designer" means a person who:

(1) investigates soils and site characteristics to determine suitability, limitations, and
sizing requirements; and

(2) designs subsurface sewage treatment systems.

deleted text begin (r) deleted text end new text begin (s) new text end "Straight-pipe system" means a sewage disposal system that transports raw or
partially treated sewage directly to a lake, a stream, a drainage system, or ground surface.

Sec. 3.

Minnesota Statutes 2014, section 115.56, subdivision 2, is amended to read:

Subd. 2.

License required.

(a) Except as provided in paragraph (b), a person may
not design, install, maintain, pump, inspect, or provide service to a subsurface sewage
treatment system without a license issued by the commissioner. Licenses issued under this
section allow work on subsurface sewage treatment systems that do not require a state
permit using prescriptive designs and design guidances provided by the agency. Licensees
who design systems using these prescriptive designs and design guidances are not subject
to the additional licensing requirements of section 326.03.

(b) A license is not required for a person who complies with the applicable
requirements if the person is:

(1) a qualified employee of state or local government who is a certified professional;

(2) an individual who constructs a subsurface sewage treatment system on land that
is owned or leased by the individual and functions solely as the individual's dwelling or
seasonal dwelling, unless specifically disallowed in local ordinance. A person constructing
a subsurface sewage treatment system under this clause must comply with all local
administrative and technical requirements. In addition, the system must be inspected
before being covered and a compliance report must be provided to the local unit of
government after the inspection;

(3) a farmer who pumps and disposes of sewage waste from subsurface sewage
treatment systems, holding tanks, and privies on land that is owned or leased by the
farmer; or

(4) an individual who performs labor or services for a licensed business under this
section in connection with the design, installation, operation, pumping, or inspection of a
subsurface sewage treatment system at the direction and under the personal supervision of
a person certified under this section.

(c) The commissioner, in conjunction with the University of Minnesota Extension
Service or another higher education institution, shall ensure adequate training and design
guidance exists for subsurface sewage treatment system certified professionals.

(d) The commissioner shall conduct examinations to test the knowledge of applicants
for certification and shall issue documentation of certification.

(e) Licenses may be issued only upon submission of general liability insurance, a
corporate surety bond in the amount of at least deleted text begin $10,000 deleted text end new text begin $25,000 new text end , and the name of the
individual who will be the designated certified individual for that business. The bond may
be for both plumbing work and subsurface sewage treatment work if the bond complies
with the requirements of this section and new text begin satisfies the requirements and references
identified in new text end section 326B.46, subdivision 2.

(f) Local units of government may not require additional local licenses for
subsurface sewage treatment system businesses.

(g) No other professional license under section 326.03 is required to design, install,
maintain, inspect, or provide service for a subsurface sewage treatment system that does
not require a state permit using prescriptive designs and design guidances provided by
the agency if the system designer, installer, maintainer, inspector, or service provider
is licensed under this subdivision and the local unit of government has not adopted
additional requirements.

Sec. 4.

Minnesota Statutes 2014, section 115A.03, subdivision 32a, is amended to read:

Subd. 32a.

Source-separated compostable materials.

"Source-separated
compostable materials" means materials that:

(1) are separated at the source by waste generators for the purpose of preparing
them for use as compost;

(2) are collected separately from mixed municipal solid waste, and are governed by
the licensing provisions of section 115A.93;

(3) are comprised of food wastes, fish and animal waste, plant materials, diapers,
sanitary products, and paper that is not recyclable because the commissioner has
determined that no other person is willing to accept the paper for recycling;

(4) are delivered to a facility to undergo controlled microbial degradation to yield
a humus-like product meeting the agency's class I or class II, or equivalent, compost
standards and where process deleted text begin residues deleted text end new text begin rejects new text end do not exceed 15 percent by weight of the
total material delivered to the facility; and

(5) may be delivered to a transfer station, mixed municipal solid waste processing
facility, or recycling facility only for the purposes of composting or transfer to a
composting facility, unless the commissioner determines that no other person is willing
to accept the materials.

Sec. 5.

Minnesota Statutes 2014, section 115A.93, subdivision 1, is amended to read:

Subdivision 1.

License new text begin and registration new text end required new text begin ; reporting new text end .

new text begin (a) new text end A person may
not collect mixed municipal solid waste for hire without a license from the jurisdiction
where the mixed municipal solid waste is collected. new text begin The local licensing entity shall submit
a list of licensed collectors to the agency.
new text end

new text begin (b) A person may not collect recyclable materials for hire unless registered with the
agency. If a person is licensed under paragraph (a), the person need not register with
the agency under this paragraph.
new text end

new text begin (c) The agency, in consultation with the Solid Waste Management Coordinating
Board, the Association of Minnesota Counties, the Minnesota Solid Waste Administrators
Association, and representatives from the waste industry shall, by July 1, 2016, develop
uniform short and long reporting forms that will reduce duplicative reporting by collectors
of solid waste and recyclable materials to governmental units.
new text end

new text begin (d) A collector of mixed municipal solid waste or recyclable materials shall separately
report to the agency on an annual basis information including, but not limited to, the
quantity of mixed municipal solid waste and the quantity of recyclable materials collected:
new text end

new text begin (1) from commercial customers;
new text end

new text begin (2) from residential customers;
new text end

new text begin (3) by county of origin; and
new text end

new text begin (4) by destination of the material.
new text end

Sec. 6.

Minnesota Statutes 2014, section 115B.34, subdivision 2, is amended to read:

Subd. 2.

Property damage losses.

(a) Losses compensable by the fund for property
damage are limited to the following losses caused by damage to the principal residence of
the claimant:

(1) the reasonable cost of replacing or decontaminating the primary source of
drinking water for the property not to exceed the amount actually expended by the
claimant or assessed by a local taxing authority, if the Department of Health has confirmed
that the remedy provides safe drinking water and advised that the water not be used for
drinking or determined that the replacement or decontamination of the source of drinking
water was necessary, up to a maximum of $25,000;

new text begin (2) the reasonable cost to install a mitigation system for the claimant's principal
residence, not to exceed the amount actually expended by the claimant, if the agency has
recommended such installation to protect human health due to soil vapor intrusion into
the residence from releases of harmful substances. Reimbursement of eligible claims
shall not exceed $25,000;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end losses incurred as a result of a bona fide sale of the property at less than
the appraised market value under circumstances that constitute a hardship to the owner,
limited to 75 percent of the difference between the appraised market value and the selling
price, but not to exceed $25,000; and

deleted text begin (3) deleted text end new text begin (4) new text end losses incurred as a result of the inability of an owner in hardship circumstances
to sell the property due to the presence of harmful substances, limited to the increase in
costs associated with the need to maintain two residences, but not to exceed $25,000.

(b) In computation of the loss under paragraph (a), clause deleted text begin (3) deleted text end new text begin (4) new text end , the agency shall
offset the loss by the amount of any income received by the claimant from the rental
of the property.

(c) For purposes of paragraph (a), the following definitions apply:

(1) "appraised market value" means an appraisal of the market value of the property
disregarding any decrease in value caused by the presence of a harmful substance in
or on the property; and

(2) "hardship" means an urgent need to sell the property based on a special
circumstance of the owner including catastrophic medical expenses, inability of the owner
to physically maintain the property due to a physical or mental condition, and change of
employment of the owner or other member of the owner's household requiring the owner
to move to a different location.

(d) Appraisals are subject to agency approval. The agency may adopt rules
governing approval of appraisals, criteria for establishing a hardship, and other matters
necessary to administer this subdivision.

Sec. 7.

Minnesota Statutes 2014, section 446A.073, subdivision 1, is amended to read:

Subdivision 1.

Program established.

When money is appropriated for grants
under this program, the authority shall award grants up to a maximum of $3,000,000 to
governmental units to cover up to one-half the cost of deleted text begin wastewater treatment or storm deleted text end water
new text begin infrastructure new text end projects made necessary by:

(1) a wasteload reduction prescribed under a total maximum daily load plan required
by section 303(d) of the federal Clean Water Act, United States Code, title 33, section
1313(d);

(2) a phosphorus concentration or mass limit which requires discharging one
milligram per liter or less at permitted design flow which is incorporated into a permit
issued by the Pollution Control Agency;

(3) any other water quality-based effluent limit established under section 115.03,
subdivision 1, paragraph (e), clause (8), and incorporated into a permit issued by the
Pollution Control Agency that exceeds secondary treatment limits; or

(4) a total nitrogen limit of ten milligrams per liter or less for a land-based treatment
system.

Sec. 8.

Minnesota Statutes 2014, section 446A.073, subdivision 3, is amended to read:

Subd. 3.

Project priorities.

When money is appropriated for grants under this
program, the authority shall accept applications during the month of July and reserve
money for projects expected to proceed with construction by the end of the fiscal year in
the order listed on the Pollution Control Agency's project priority list and in an amount
based on the cost estimate submitted to the authority in the grant application or the as-bid
costs, whichever is less. new text begin Notwithstanding Minnesota Rules, chapter 7077, the Pollution
Control Agency may rank a drinking water infrastructure project on its project priority list
that is necessary to meet the applicable requirement in subdivision 1.
new text end

Sec. 9.

Minnesota Statutes 2014, section 446A.073, subdivision 4, is amended to read:

Subd. 4.

Grant approval.

The authority must make a grant for an eligible project
only after:

(1) the applicant has submitted the as-bid cost for the deleted text begin wastewater treatment or storm
deleted text end water new text begin infrastructure new text end project;

(2) the Pollution Control Agency has approved the as-bid costs and certified the
grant eligible portion of the project; and

(3) the authority has determined that the additional financing necessary to complete
the project has been committed from other sources.

Sec. 10. new text begin RULEMAKING; SEPTIC SYSTEM PROFESSIONALS; ELIGIBILITY.
new text end

new text begin The commissioner of the Pollution Control Agency shall adopt rules, using the
expedited rulemaking process in Minnesota Statutes, section 14.389, to create a procedure
for previously or currently certification-eligible septic system professionals to apply to
re-establish or maintain certification eligibility. The conditional eligibility shall begin upon
acceptance of an application by the Pollution Control Agency and end upon completion of
recertification procedures, including completion of necessary continuing education and
examinations. The length of the conditional eligibility shall be limited to one year.
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. 11. new text begin RULEMAKING; SSTS; EXISTING CAMPGROUNDS AND RESORTS.
new text end

new text begin (a) The commissioner of the Pollution Control Agency shall adopt rules, using the
expedited rulemaking process in Minnesota Statutes, section 14.389, to eliminate the need
for existing campgrounds and resorts that are open for 180 days or less per year to estimate
wastewater flow rates to subsurface sewage treatment systems as required by Minnesota
Rules, part 7081.0040, subpart 1, item B. The rules shall establish flow monitoring and
recording for subsurface sewage treatment systems at existing campgrounds and resorts
that are open for 180 days or less per year as provided in paragraphs (b) to (f).
new text end

new text begin (b) The rules shall provide that existing campgrounds and resorts are allowed to use
the following flow measurement methods:
new text end

new text begin (1) sewage lift station pump with runtime meter and counter;
new text end

new text begin (2) sewage flow meter;
new text end

new text begin (3) flow meters on wells; and
new text end

new text begin (4) water softener system with flow measurement when the measurement includes
all flow to the subsurface soil treatment system, including backwash.
new text end

new text begin (c) The measured flow rate must include the total of all treatment systems that are
located on the resort or campground. If fewer than 25 percent of the systems are not
measured, an average of the metered systems can be used to determine the flow from
the unmetered systems.
new text end

new text begin (d) A daily flow rate and daily campground occupancy rate must be recorded for a
minimum of two weeks, centered on and including July 4. Weekly monitoring must also
be done for an additional continuous two weeks prior and two weeks following July 4.
new text end

new text begin (e) If no flow data exists, the existing campground or resort owner or operator shall
implement an acceptable flow measurement plan and start measuring and recording flow
data within 120 days of notification.
new text end

new text begin (f) Flow measurement devices must be calibrated before start-up of monitoring and
another calibration during the test to verify results.
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. 12. new text begin REQUIRED RULEMAKING; SUBSURFACE SEWAGE TREATMENT
SYSTEMS.
new text end

new text begin The commissioner of the Pollution Control Agency shall adopt rules, using the
expedited rulemaking process in Minnesota Statutes, section 14.389, that set forth
procedures to conform with the changes to Minnesota Statutes, chapter 115, under this act
and to streamline the subsurface sewage treatment system (SSTS) license application and
renewal process in a manner that:
new text end

new text begin (1) surety bond and insurance requirements of licensed SSTS businesses meet the
requirements of Minnesota Statutes, chapter 115 and section 326B.46, subdivision 2; and
new text end

new text begin (2) properly trained SSTS installers may complete work on a building sewer with
respect to the Plumbing Code and plumbing program and SSTS designers and inspectors
may complete work on a building sewer connected to an SSTS with respect to the
Plumbing Code and plumbing program.
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