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SF 1681

as introduced - 90th Legislature (2017 - 2018) Posted on 03/03/2017 09:12am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to solid waste; making compliance with the metropolitan long-range solid
waste policy plan optional; requiring rulemaking for the revision of certain solid
waste standards; amending Minnesota Statutes 2016, sections 473.149, subdivisions
1, 3; 473.516, subdivision 2; 473.803, subdivision 1c; 473.811, subdivisions 1,
4a; 473.823, subdivision 3; proposing coding for new law in Minnesota Statutes,
chapter 115A.

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

Section 1.

new text begin [115A.413] SOLID WASTE FACILITIES AND SITES; RULEMAKING.
new text end

new text begin Revisions to criteria and standards that govern siting, constructing, or operating solid
waste facilities or solid waste facility sites are subject to the rulemaking provisions of chapter
14.
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 2016, section 473.149, subdivision 1, is amended to read:


Subdivision 1.

Policy plan; general requirements.

new text begin(a) new text endThe commissioner of the Pollution
Control Agency shall revise the metropolitan long range policy plan for solid waste
management adopted in 2011 by December 31, 2016, and every sixth year thereafter. The
plan shall deleted text beginbe followed in the metropolitan areadeleted text endnew text begin consider costs imposed on consumers and
businesses and potential negative impacts on the private solid waste industry
new text end. The plan shall
address the state policies and purposes expressed in section 115A.02. In revising the plan
the commissioner shall follow the procedures in subdivision 3. The plan shall include goals
and policies for solid waste management, including recycling consistent with section
115A.551, and household hazardous waste management consistent with section 115A.96,
subdivision 6
, in the metropolitan area.

new text begin (b) new text endThe plan shall include criteria and standards for solid waste facilities and solid waste
facility sites respecting the following matters: general location; capacity; operation;
processing techniques; environmental impact; effect on existing, planned, or proposed
collection services and waste facilities; and economic viability. The plan shall, to the extent
practicable and consistent with the achievement of other public policies and purposes,
encourage ownership and operation of solid waste facilities by private industry. For solid
waste facilities owned or operated by public agencies or supported primarily by public funds
or obligations issued by a public agency, the plan shall include additional criteria and
standards to protect comparable private and public facilities already existing in the area
from displacement unless the displacement is required in order to achieve the waste
management objectives identified in the plan. In revising the plan, the commissioner shall
consider the orderly and economic development, public and private, of the metropolitan
area; the preservation and best and most economical use of land and water resources in the
metropolitan area; the protection and enhancement of environmental quality; the conservation
and reuse of resources and energy; the preservation and promotion of conditions conducive
to efficient, competitive, and adaptable systems of waste management; and the orderly
resolution of questions concerning changes in systems of waste management. Criteria and
standards for solid waste facilities shall be consistent with rules adopted by the Pollution
Control Agency pursuant to chapter 116 and shall be at least as stringent as the guidelines,
regulations, and standards of the federal Environmental Protection Agency.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2016, section 473.149, subdivision 3, is amended to read:


Subd. 3.

Preparation; adoption; and revision.

(a) The solid waste policy plan shall be
prepared, adopted, and revised as necessary in accordance with paragraphs deleted text begin(c) to (e)deleted text endnew text begin (b) to
(d)
new text end, after consultation with the metropolitan counties.

(b) deleted text beginRevisions to the policy plan are exempt from the rulemaking provisions of chapter
14.
deleted text end

deleted text begin (c)deleted text end Before beginning preparation of revisions to the policy plan, the commissioner shall
publish a predrafting notice in the State Register that includes a statement of the subjects
expected to be covered by the revisions, including a summary of the important problems
and issues. The notice must solicit comments from the public and state that the comments
must be received by the commissioner within 45 days of publication of the notice. The
commissioner shall consider the comments in preparing the revisions.

deleted text begin (d)deleted text endnew text begin (c)new text end After publication of the predrafting notice and before adopting revisions to the
policy plan, the commissioner shall publish a notice in the State Register that:

(1) contains a summary of the proposed revisions;

(2) invites public comment;

(3) lists locations where the proposed revised policy plan can be reviewed and states
that copies of the proposed revised policy plan can also be obtained from the Pollution
Control Agency;

(4) states a location for a public meeting on the revisions at a time no earlier than 30
days from the date of publication; and

(5) advises the public that they have 30 days from the date of the public meeting in
clause (4) to submit comments on the revisions to the commissioner.

deleted text begin (e)deleted text endnew text begin (d)new text end At the meeting described in paragraph deleted text begin(d)deleted text endnew text begin (c)new text end, clause (4), the public shall be given
an opportunity to present their views on the policy plan revisions. The commissioner shall
incorporate any amendments to the proposed revisions that, in the commissioner's view,
will help to carry out the requirements of subdivisions 1, 2d, and 2e. At or before the time
that policy plan revisions are finally adopted, the commissioner shall issue a report that
addresses issues raised in the public comments. The report shall be made available to the
public and mailed to interested persons who have submitted their names and addresses to
the commissioner.

deleted text begin (f)deleted text endnew text begin (e)new text end The criteria and standards adopted in the policy plan for review of solid waste
facility permits pursuant to section 473.823, subdivision 3; for issuance of certificates of
need pursuant to section 473.823, subdivision 6; and for review of solid waste contracts
pursuant to section 473.813 may be appealed to the Court of Appeals within 30 days after
final adoption of the policy plan. The court may declare the challenged portion of the policy
plan invalid if it violates constitutional provisions, is in excess of statutory authority of the
commissioner, or was adopted without compliance with the procedures in this subdivision.
The review shall be on the record created during the adoption of the policy plan, except that
additional evidence may be included in the record if the court finds that the additional
evidence is material and there were good reasons for failure to present it in the proceedings
described in paragraphs deleted text begin(c) to (e)deleted text endnew text begin (b) to (d)new text end.

deleted text begin (g)deleted text endnew text begin (f)new text end The Metropolitan Council or a metropolitan county, local government unit,
commission, or person shall not acquire, construct, improve or operate any solid waste
facility in the metropolitan area except in accordance with deleted text beginthe plan anddeleted text end section 473.823,
provided that no solid waste facility in use when a plan is adopted shall be discontinued
solely because it is not located in an area designated in the plan as acceptable for the location
of such facilities.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2016, section 473.516, subdivision 2, is amended to read:


Subd. 2.

General requirements.

With respect to its activities under this section, the
council shall be subject to and comply with the applicable provisions of this chapter. Property
acquired by the council under this section shall be subject to the provisions of section
473.545. deleted text beginAny site or facility owned or operated for or by the council shall conform to the
policy plan adopted under section 473.149.
deleted text end The council shall contract with private persons
for the construction, maintenance, and operation of waste facilities, subject to the bidding
requirements of section 473.523, where the facilities are adequate and available for use and
competitive with other means of providing the same service.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2016, section 473.803, subdivision 1c, is amended to read:


Subd. 1c.

County abatement plan.

Each county shall revise its master plan to include
a land disposal abatement element deleted text beginto implement the metropolitan land disposal abatement
plan adopted under section 473.149, subdivision 2d,
deleted text end and shall submit the revised master
plan to the commissioner for review under subdivision 2 within nine months after the
adoption of the metropolitan abatement plan. The county plan must implement the local
abatement objectives for the county and cities within the county as stated in the metropolitan
abatement plan. The county abatement plan must include specific and quantifiable county
objectivesdeleted text begin, based on the objectives in the metropolitan abatement plan,deleted text end for abating to the
greatest feasible and prudent extent the need for and practice of land disposal of mixed
municipal solid waste and of specific components of the solid waste stream generated in
the county, stated in six-year increments for a period of at least 20 years from the date of
metropolitan policy plan revisions. The plan must include measurable performance standards
for local abatement of solid waste through resource recovery and waste reduction and
separation programs and activities for the county as a whole and for statutory or home rule
charter cities of the first, second, and third class, respectively, in the county, stated in six-year
increments for a period of at least 20 years from the date of metropolitan policy plan
revisions. The performance standards must implement the deleted text beginmetropolitan anddeleted text end county abatement
objectives. The plan must include standards and procedures to be used by the county in
determining annually under subdivision 3 whether a city within the county has implemented
the plan and has satisfied the performance standards for local abatement. The master plan
revision required by this subdivision must be prepared in consultation with the advisory
committee established pursuant to subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2016, section 473.811, subdivision 1, is amended to read:


Subdivision 1.

County acquisition of facilities.

To accomplish the purpose specified
in section 473.803, each metropolitan county may acquire by purchase, lease, giftnew text begin,new text end or
condemnation as provided by law, upon such terms and conditions as it shall determine,
including contracts for deed and conditional sales contracts, solid waste facilities or properties
or easements for solid waste facilities deleted text beginwhichdeleted text endnew text begin thatnew text end are in accordance with rules adopted by
the agencydeleted text begin, the policy plandeleted text end and the approved county master plandeleted text begin,deleted text end and may improve or
construct improvements on any property or facility so acquired. No metropolitan city, county
or town shall own or operate a hazardous waste facility, except a facility to manage household
hazardous waste. Each metropolitan county is authorized to levy a tax in anticipation of
need for expenditure for the acquisition and betterment of solid waste facilities. If a tax is
levied in anticipation of need, the purpose must be specified in a resolution of the county
directing that the levy and the proceeds of the tax may be used only for that purpose. Until
so used, the proceeds shall be retained in a separate fund or invested in the same manner as
surplus in a sinking fund may be invested under section 118A.04. The right of condemnation
shall be exercised in accordance with chapter 117.

For the purposes of this section "solid waste facility" includes a facility to manage
household hazardous waste.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2016, section 473.811, subdivision 4a, is amended to read:


Subd. 4a.

Ordinances; general conditions; restrictions; application.

Ordinances of
counties and local government units related to or affecting waste management shall embody
deleted text begin plans, policies,deleted text end rules, standardsnew text begin,new text end and requirements adopted by any state agency authorized
to deleted text beginmanage or plan for ordeleted text end regulate the management of waste deleted text beginand the waste management plans
adopted under section 473.149
deleted text end and shall be consistent with approved county master plans.
Except as provided in this subdivision, a county may establish and operate or contract for
the establishment or operation of a solid waste disposal facility without complying with
local ordinances if the commissioner certifies need under section 473.823, subdivision 6.
With the approval of the commissioner, local government units may impose and enforce
reasonable conditions respecting the construction, operation, inspection, monitoring, and
maintenance of the disposal facilities. No local government unit shall prevent the
establishment or operation of any solid waste facility in accordance with the commissioner's
decision under section 473.823, subdivision 5, except that, with the approval of the
commissioner, the local government unit may impose reasonable conditions respecting the
construction, inspection, monitoring, and maintenance of a facility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2016, section 473.823, subdivision 3, is amended to read:


Subd. 3.

Solid waste facilities; review procedures.

(a) The agency shall request
applicants for solid waste facility permits to submit all information deemed relevant by the
commissioner for review, including without limitation information relating to the geographic
areas and population served, the need, the effect on existing facilities and services, the
effectiveness of proposed buffer areas to ensure, at a minimum, protection of surrounding
land uses from adverse or incompatible impacts due to landfill operation and related activities,
the anticipated public cost and benefit, the anticipated rates and charges, the manner of
financing, the effect on metropolitan plans and development programs, the supply of waste,
anticipated markets for any product, and alternative means of disposal or energy production.

(b) deleted text beginA permit may not be issued for the operation of a solid waste facility in the
metropolitan area which is not in accordance with the metropolitan policy plan. The
commissioner shall determine whether a permit is in accordance with the policy plan.
deleted text end In
deleted text begin making this determinationdeleted text endnew text begin evaluating a permit applicationnew text end, the commissioner shall consider
the areawide need and benefit of the applicant facility and the effectiveness of proposed
buffer areas to adequately protect surrounding land uses deleted text beginin accordance with the policy plandeleted text end,
and may consider, without limitation, the effect of the applicant facility on existing and
planned solid waste facilities.

(c) deleted text beginIf the commissioner determines that a permit is in accordance with the policy plan,
the commissioner shall approve the permit. If the commissioner determines that a permit
is not in accordance with the policy plan, the commissioner shall disapprove the permit.
deleted text end
Approval of permits may be subject to conditions the commissioner determines are necessary
to satisfy criteria and standards in the policy plan, including conditions respecting the type,
character, and quantities of waste to be processed at a solid waste facility used primarily
for resource recovery and the geographic territory from which a resource recovery facility
or transfer station serving such a facility may draw its waste.

(d) A permit may not be issued in the metropolitan area for a solid waste facility used
primarily for resource recovery or a transfer station serving the facility, if the facility or
station is owned or operated by a public agency or if the acquisition or betterment of the
facility or station is secured by public funds or obligations issued by a public agency, unless
the commissioner finds and determines that adequate markets exist for the products recovered
and that establishment of the facility is consistent with the criteria and standards in the
metropolitan and county plans respecting the protection of existing resource recovery
facilities and transfer stations serving such facilities.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end