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SF 1682

as introduced - 92nd Legislature (2021 - 2022) Posted on 07/20/2021 03:47pm

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

Current Version - as introduced

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A bill for an act
relating to environment; modifying enforcement authority; providing tribal access
to rural recycling grants; establishing Landfill Responsibility Act; modifying use
of closed landfill investment fund; providing for environmental justice
considerations in determining certain state permitting; modifying certain
requirements for labeling items as biodegradable or compostable; providing for
climate resiliency program; eliminating duplicate reporting; appropriating money;
amending Minnesota Statutes 2020, sections 115.03, subdivision 1; 115.071,
subdivisions 1, 4, by adding subdivisions; 115A.03, by adding subdivisions;
115A.565, subdivision 1; 115B.421; 116.06, by adding subdivisions; 116.07,
subdivisions 6, 9, by adding subdivisions; 116.11; 325E.046; proposing coding
for new law in Minnesota Statutes, chapters 115A; 116; repealing Minnesota
Statutes 2020, section 115.44, subdivision 9.

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

Section 1.

Minnesota Statutes 2020, section 115.03, subdivision 1, is amended to read:


Subdivision 1.

Generally.

The agency is hereby given and charged with the following
powers and duties:

(a) to administer and enforce all laws relating to the pollution of any of the waters of
the state;

(b) to investigate the extent, character, and effect of the pollution of the waters of this
state and to gather data and information necessary or desirable in the administration or
enforcement of pollution laws, and to make such classification of the waters of the state as
it may deem advisable;

(c) to establish and alter such reasonable pollution standards for any waters of the state
in relation to the public use to which they are or may be put as it shall deem necessary for
the purposes of this chapter and, with respect to the pollution of waters of the state, chapter
116;

(d) to encourage waste treatment, including advanced waste treatment, instead of stream
low-flow augmentation for dilution purposes to control and prevent pollution;

(e) to adopt, issue, reissue, modify, deny, deleted text beginordeleted text end revoke, new text beginreopen, new text endenter intonew text begin,new text end or enforce
reasonable orders, permits, variances, standards, rules, schedules of compliance, and
stipulation agreements, under such conditions as it may prescribe, in order to prevent, control
or abate water pollution, or for the installation or operation of disposal systems or parts
thereof, or for other equipment and facilities:

(1) requiring the discontinuance of the discharge of sewage, industrial waste or other
wastes into any waters of the state resulting in pollution in excess of the applicable pollution
standard established under this chapter;

(2) prohibiting or directing the abatement of any discharge of sewage, industrial waste,
or other wastes, into any waters of the state or the deposit thereof or the discharge into any
municipal disposal system where the same is likely to get into any waters of the state in
violation of this chapter and, with respect to the pollution of waters of the state, chapter
116, or standards or rules promulgated or permits issued pursuant thereto, and specifying
the schedule of compliance within which such prohibition or abatement must be
accomplished;

(3) prohibiting the storage of any liquid or solid substance or other pollutant in a manner
which does not reasonably assure proper retention against entry into any waters of the state
that would be likely to pollute any waters of the state;

(4) requiring the construction, installation, maintenance, and operation by any person
of any disposal system or any part thereof, or other equipment and facilities, or the
reconstruction, alteration, or enlargement of its existing disposal system or any part thereof,
or the adoption of other remedial measures to prevent, control or abate any discharge or
deposit of sewage, industrial waste or other wastes by any person;

(5) establishing, and from time to time revising, standards of performance for new sources
taking into consideration, among other things, classes, types, sizes, and categories of sources,
processes, pollution control technology, cost of achieving such effluent reduction, and any
nonwater quality environmental impact and energy requirements. Said standards of
performance for new sources shall encompass those standards for the control of the discharge
of pollutants which reflect the greatest degree of effluent reduction which the agency
determines to be achievable through application of the best available demonstrated control
technology, processes, operating methods, or other alternatives, including, where practicable,
a standard permitting no discharge of pollutants. New sources shall encompass buildings,
structures, facilities, or installations from which there is or may be the discharge of pollutants,
the construction of which is commenced after the publication by the agency of proposed
rules prescribing a standard of performance which will be applicable to such source.
Notwithstanding any other provision of the law of this state, any point source the construction
of which is commenced after May 20, 1973, and which is so constructed as to meet all
applicable standards of performance for new sources shall, consistent with and subject to
the provisions of section 306(d) of the Amendments of 1972 to the Federal Water Pollution
Control Act, not be subject to any more stringent standard of performance for new sources
during a ten-year period beginning on the date of completion of such construction or during
the period of depreciation or amortization of such facility for the purposes of section 167
or 169, or both, of the Federal Internal Revenue Code of 1954, whichever period ends first.
Construction shall encompass any placement, assembly, or installation of facilities or
equipment, including contractual obligations to purchase such facilities or equipment, at
the premises where such equipment will be used, including preparation work at such
premises;

(6) establishing and revising pretreatment standards to prevent or abate the discharge of
any pollutant into any publicly owned disposal system, which pollutant interferes with,
passes through, or otherwise is incompatible with such disposal system;

(7) requiring the owner or operator of any disposal system or any point source to establish
and maintain such records, make such reports, install, use, and maintain such monitoring
equipment or methods, including where appropriate biological monitoring methods, sample
such effluents in accordance with such methods, at such locations, at such intervals, and in
such a manner as the agency shall prescribe, and providing such other information as the
agency may reasonably require;

(8) notwithstanding any other provision of this chapter, and with respect to the pollution
of waters of the state, chapter 116, requiring the achievement of more stringent limitations
than otherwise imposed by effluent limitations in order to meet any applicable water quality
standard by establishing new effluent limitations, based upon section 115.01, subdivision
13
, clause (b), including alternative effluent control strategies for any point source or group
of point sources to insure the integrity of water quality classifications, whenever the agency
determines that discharges of pollutants from such point source or sources, with the
application of effluent limitations required to comply with any standard of best available
technology, would interfere with the attainment or maintenance of the water quality
classification in a specific portion of the waters of the state. Prior to establishment of any
such effluent limitation, the agency shall hold a public hearing to determine the relationship
of the economic and social costs of achieving such limitation or limitations, including any
economic or social dislocation in the affected community or communities, to the social and
economic benefits to be obtained and to determine whether or not such effluent limitation
can be implemented with available technology or other alternative control strategies. If a
person affected by such limitation demonstrates at such hearing that, whether or not such
technology or other alternative control strategies are available, there is no reasonable
relationship between the economic and social costs and the benefits to be obtained, such
limitation shall not become effective and shall be adjusted as it applies to such person;

(9) modifying, in its discretion, any requirement or limitation based upon best available
technology with respect to any point source for which a permit application is filed after July
1, 1977, upon a showing by the owner or operator of such point source satisfactory to the
agency that such modified requirements will represent the maximum use of technology
within the economic capability of the owner or operator and will result in reasonable further
progress toward the elimination of the discharge of pollutants; deleted text beginand
deleted text end

(10) requiring that applicants for wastewater discharge permits evaluate in their
applications the potential reuses of the discharged wastewater;new text begin and
new text end

new text begin (11) requiring parties who enter into a negotiated agreement to settle an enforcement
matter with the agency to reimburse the agency according to this clause for oversight costs
that are incurred by the agency and associated with implementing the negotiated agreement.
The agency may recover oversight costs exceeding $25,000. Oversight costs include
personnel and direct costs associated with inspections, sampling, monitoring, modeling,
risk assessment, permit writing, engineering review, economic analysis and review, and
other record or document review. Only oversight costs incurred after executing the negotiated
agreement are covered by this clause. The agency's legal and litigation costs are not covered
by this clause. The commissioner has discretion as to whether to apply this clause in cases
when the agency is using schedules of compliance to bring a class of regulated parties into
compliance. Reimbursement amounts are appropriated to the commissioner;
new text end

(f) to require to be submitted and to approve plans and specifications for disposal systems
or point sources, or any part thereof and to inspect the construction thereof for compliance
with the approved plans and specifications thereof;

(g) to prescribe and alter rules, not inconsistent with law, for the conduct of the agency
and other matters within the scope of the powers granted to and imposed upon it by this
chapter and, with respect to pollution of waters of the state, in chapter 116, provided that
every rule affecting any other department or agency of the state or any person other than a
member or employee of the agency shall be filed with the secretary of state;

(h) to conduct such investigations, issue such notices, public and otherwise, and hold
such hearings as are necessary or which it may deem advisable for the discharge of its duties
under this chapter and, with respect to the pollution of waters of the state, under chapter
116, including, but not limited to, the issuance of permits, and to authorize any member,
employee, or agent appointed by it to conduct such investigations or, issue such notices and
hold such hearings;

(i) for the purpose of water pollution control planning by the state and pursuant to the
Federal Water Pollution Control Act, as amended, to establish and revise planning areas,
adopt plans and programs and continuing planning processes, including, but not limited to,
basin plans and areawide waste treatment management plans, and to provide for the
implementation of any such plans by means of, including, but not limited to, standards, plan
elements, procedures for revision, intergovernmental cooperation, residual treatment process
waste controls, and needs inventory and ranking for construction of disposal systems;

(j) to train water pollution control personnel, and charge such fees therefor as are
necessary to cover the agency's costs. All such fees received shall be paid into the state
treasury and credited to the Pollution Control Agency training account;

(k) to impose as additional conditions in permits to publicly owned disposal systems
appropriate measures to insure compliance by industrial and other users with any pretreatment
standard, including, but not limited to, those related to toxic pollutants, and any system of
user charges ratably as is hereby required under state law or said Federal Water Pollution
Control Act, as amended, or any regulations or guidelines promulgated thereunder;

(l) to set a period not to exceed five years for the duration of any national pollutant
discharge elimination system permit or not to exceed ten years for any permit issued as a
state disposal system permit only;

(m) to require each governmental subdivision identified as a permittee for a wastewater
treatment works to evaluate in every odd-numbered year the condition of its existing system
and identify future capital improvements that will be needed to attain or maintain compliance
with a national pollutant discharge elimination system or state disposal system permit; and

(n) to train subsurface sewage treatment system personnel, including persons who design,
construct, install, inspect, service, and operate subsurface sewage treatment systems, and
charge fees as necessary to pay the agency's costs. All fees received must be paid into the
state treasury and credited to the agency's training account. Money in the account is
appropriated to the agency to pay expenses related to training.

The information required in clause (m) must be submitted in every odd-numbered year to
the commissioner on a form provided by the commissioner. The commissioner shall provide
technical assistance if requested by the governmental subdivision.

The powers and duties given the agency in this subdivision also apply to permits issued
under chapter 114C.

Sec. 2.

Minnesota Statutes 2020, section 115.071, subdivision 1, is amended to read:


Subdivision 1.

Remedies available.

The provisions of sections 103F.701 to 103F.755,
this chapter and chapters 114C, 115A, and 116, and sections 325E.10 to 325E.1251 and
325E.32 and all rules, standards, orders, stipulation agreements, schedules of compliance,
and permits adopted or issued by the agency thereunder or under any other law now in force
or hereafter enacted for the prevention, control, or abatement of pollution may be enforced
by any one or any combination of the following: criminal prosecution; action to recover
civil penalties; injunction; action to compel new text beginor cease new text endperformance; or other appropriate
action, in accordance with the provisions of said chapters and this section.

Sec. 3.

Minnesota Statutes 2020, section 115.071, subdivision 4, is amended to read:


Subd. 4.

Injunctions.

Any violation of the provisions, rules, standards, orders, stipulation
agreements, variances, schedules of compliance, or permits specified in this chapter and
chapters 114C and 116 deleted text beginshall constitutedeleted text endnew text begin constitutesnew text end a public nuisance and may be enjoined
as provided by law in an action, in the name of the state, brought by the attorney general.new text begin
Injunctive relief under this subdivision may include but is not limited to a requirement that
a facility or person immediately cease operation or activities until such time as the
commissioner has reasonable assurance that renewed operation or activities will not violate
state pollution requirements, cause harm to human health, or result in a serious violation of
an applicable permit.
new text end

Sec. 4.

Minnesota Statutes 2020, section 115.071, is amended by adding a subdivision to
read:


new text begin Subd. 8. new text end

new text begin Stipulation agreements. new text end

new text begin In exercising enforcement powers over a term of a
stipulation agreement when a party asserts a good cause or force majeure claim for an
extension of time to comply with a stipulated term, the commissioner must not grant the
extension if the assertion is based solely on increased costs.
new text end

Sec. 5.

Minnesota Statutes 2020, section 115.071, is amended by adding a subdivision to
read:


new text begin Subd. 9. new text end

new text begin Compliance when required permit not obtained. new text end

new text begin The commissioner may
require a person or facility that fails to obtain a required permit to comply with any terms
of a permit that would have been issued had the person or facility obtained a permit, including
but not limited to reporting, monitoring, controlling pollutant discharge, and creating and
implementing operations and maintenance plans. The person or facility is subject to liability
and penalties, including criminal liability, for failing to operate in compliance with a permit
not obtained beginning at the time a permit should have been obtained.
new text end

Sec. 6.

Minnesota Statutes 2020, section 115A.03, is amended by adding a subdivision to
read:


new text begin Subd. 10b. new text end

new text begin Environmental justice. new text end

new text begin "Environmental justice" means the right of
communities of color, indigenous communities, and low-income communities to enjoy a
healthy environment and to be treated fairly when environmental statutes, rules, and policies
are developed, adopted, implemented, and enforced.
new text end

Sec. 7.

Minnesota Statutes 2020, section 115A.03, is amended by adding a subdivision to
read:


new text begin Subd. 10c. new text end

new text begin Environmental justice community. new text end

new text begin "Environmental justice community"
means a people, group, or geographic location that experiences environmental harms and
risks that prevent environmental justice.
new text end

Sec. 8.

new text begin [115A.40] CITATION.
new text end

new text begin Sections 115A.40 to 115A.405 may be cited as the "Landfill Responsibility Act."
new text end

Sec. 9.

new text begin [115A.401] LEGISLATIVE GOALS AND INTENT.
new text end

new text begin (a) It is the goal of the Landfill Responsibility Act to reduce the environmental impacts
from all aspects of solid waste, from acquiring product material through disposing of product,
and to prioritize the expansion of waste reduction or source reduction activities across the
state. In accordance with the goals and policies of this chapter and the waste management
preferences in section 115A.02, the Landfill Responsibility Act supports waste reduction
and reuse.
new text end

new text begin (b) The legislature intends for the projects developed under the Landfill Responsibility
Act to encourage a greater awareness of the need for and benefits of waste reduction and
reuse and to develop a greater degree of cooperation and coordination among all elements
of government, industry, and the public in advancing more sustainable actions.
new text end

Sec. 10.

new text begin [115A.402] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For the purposes of sections 115A.40 to 115A.405, the
terms defined in this section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Applicable area. new text end

new text begin "Applicable area" means an area described in a permit for a
disposal facility that accepted mixed municipal solid waste during the immediately preceding
year.
new text end

new text begin Subd. 3. new text end

new text begin Covered entity. new text end

new text begin "Covered entity" means the owner or operator of a disposal
facility at which an applicable area is located.
new text end

new text begin Subd. 4. new text end

new text begin Rate charged. new text end

new text begin "Rate charged" means the total amount charged by a covered
entity, per ton, to accept solid waste at a disposal facility for treatment, storage, processing,
transfer, disposal, or any other purpose and includes tipping fees and service charges.
new text end

Sec. 11.

new text begin [115A.403] LANDFILL RESPONSIBILITY PROJECTS.
new text end

new text begin Subdivision 1. new text end

new text begin Project application and eligibility. new text end

new text begin (a) Every three years, or more
frequently at the commissioner's discretion, the commissioner must provide public notice
and solicit proposals for eligible landfill responsibility projects.
new text end

new text begin (b) At any time after the notice is provided under paragraph (a), a person may propose
a landfill responsibility project. Proposals must be submitted in the form and manner
prescribed by the commissioner. At a minimum, a proposal must include:
new text end

new text begin (1) a description of the proposer's qualifications with waste reduction or source reduction;
new text end

new text begin (2) a description of the scope of the project, including how the project will result in
waste reduction or source reduction;
new text end

new text begin (3) the expected amount of waste reduction or source reduction attributable to the project;
new text end

new text begin (4) a description of the timeline of the project;
new text end

new text begin (5) a detailed annual budget for the project;
new text end

new text begin (6) identification and a description of environmental justice communities served by the
project;
new text end

new text begin (7) a description of how the project meets the following minimum requirements:
new text end

new text begin (i) is administered in the state;
new text end

new text begin (ii) does not supplant existing work;
new text end

new text begin (iii) provides a high return in environmental benefits, including but not limited to reducing
greenhouse gas emissions;
new text end

new text begin (iv) demonstrates cost-effectiveness;
new text end

new text begin (v) has measurable outcomes for waste reduction or source reduction; and
new text end

new text begin (vi) includes only waste reduction or source reduction activities; and
new text end

new text begin (8) any other information required by the commissioner to evaluate the project.
new text end

new text begin (c) Only waste reduction and reuse as a waste management practice under section
115A.02, paragraph (b), clause (1), are eligible for project funding under this section. Waste
management practices under section 115A.02, paragraph (b), clauses (2) to (6), are not
eligible.
new text end

new text begin (d) The commissioner must establish and maintain a list of eligible landfill responsibility
projects and make the list available to covered entities. The commissioner must evaluate
proposals submitted under paragraph (b) and determine whether to include each proposal
on the list of eligible landfill responsibility projects. The commissioner may remove a project
from the list at any time if the project no longer meets the minimum criteria under paragraph
(b), clause (7), or if the commissioner determines the project will not be completed as
proposed.
new text end

new text begin (e) The waste reduction or source reduction activities of an eligible project as described
in a proposal under paragraph (b) may not begin until:
new text end

new text begin (1) the project is included in a plan approved by the commissioner under subdivision 4;
or
new text end

new text begin (2) the proposal is rescinded or the project is removed from the eligible projects list.
new text end

new text begin Subd. 2. new text end

new text begin Obligation. new text end

new text begin (a) Each year, a covered entity must fund eligible landfill
responsibility projects according to this subdivision in an amount at least equal to the covered
entity's obligation determined under paragraph (b).
new text end

new text begin (b) A covered entity's obligation is three percent of the covered entity's revenue and is
calculated according to the formula:
new text end

new text begin X=(A*B) * 0.03
new text end

new text begin Where:
new text end

new text begin X is the total obligation that the covered entity must meet in the three-year approved
plan
new text end

new text begin A is the annual average rate charged at an applicable area during the three-year period
immediately preceding the date a plan must be submitted under subdivision 3
new text end

new text begin B is the total tons of solid waste accepted in the applicable area during the three-year
period immediately preceding the date a plan must be submitted under subdivision 3
new text end

new text begin Subd. 3. new text end

new text begin Covered entity plans. new text end

new text begin (a) By January 1, 2023, and every third year thereafter,
or more frequently as determined by the commissioner, a covered entity must submit a plan
to the commissioner in the form and manner prescribed by the commissioner. The plan must
include:
new text end

new text begin (1) the covered entity's obligation for the plan period as calculated in subdivision 2;
new text end

new text begin (2) a selection of projects from the list of eligible projects under subdivision 1, paragraph
(d), according to the following:
new text end

new text begin (i) selection must be made so that 40 percent of the obligation will directly serve
environmental justice communities; and
new text end

new text begin (ii) the total selection must include projects with budgets that annually meet or exceed
the covered entity's obligation for the period of the plan;
new text end

new text begin (3) estimated amounts of waste reduction or source reduction for each selected project,
categorized by material type;
new text end

new text begin (4) a description of how the covered entity will annually meet its obligation for each of
the three years in the plan period; and
new text end

new text begin (5) any other criteria required by the commissioner to determine the sufficiency of the
plan.
new text end

new text begin (b) The commissioner may modify dates for plan submission under paragraph (a) if the
commissioner determines it is necessary to implement the Landfill Responsibility Act.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner review. new text end

new text begin (a) Upon receiving a plan under subdivision 3, the
commissioner must:
new text end

new text begin (1) notify a covered entity if a plan is incomplete, specifying the specific items that need
to be submitted to make the plan complete;
new text end

new text begin (2) giving first-come first-served preference based on when a plan is submitted, require
a covered entity to revise and resubmit a plan if the commissioner determines it necessary
to:
new text end

new text begin (i) ensure that no more than 25 percent of the total obligation of all covered entities is
allocated to a single recipient;
new text end

new text begin (ii) prevent duplicative selection of eligible projects;
new text end

new text begin (iii) prioritize fully funding individual eligible projects before selecting additional projects
for funding; or
new text end

new text begin (iv) implement the Landfill Responsibility Act and remain consistent with other state
law; and
new text end

new text begin (3) provide covered entities with plan approval, including any modifications required
under this paragraph, within 45 days after the plan is submitted under subdivision 3.
new text end

new text begin (b) After receiving initial approval of a plan, a covered entity must revise and resubmit
a plan for approval or disapproval if the eligible projects change during the plan period. If
a project can no longer be completed as described, a covered entity must choose another
project to meet its obligation. The covered entity must resubmit its plan to the commissioner
if there is a substantial change in obligation or if an eligible project is unable to be performed
as described.
new text end

new text begin Subd. 5. new text end

new text begin Project implementation. new text end

new text begin (a) After a plan is approved under subdivision 4, a
covered entity must implement the plan.
new text end

new text begin (b) After a person receives funding from a covered entity, the covered entity and the
person receiving funding must implement the plan according to the proposal submitted
under subdivision 1. If a person implementing the project is no longer able to perform the
project according to the proposal, the person must immediately notify the covered entity
and the commissioner.
new text end

new text begin Subd. 6. new text end

new text begin Reporting requirements. new text end

new text begin (a) No later than February 1 each year, a covered
entity must submit a report to the commissioner for the preceding calendar year. The annual
report must be submitted in a form and manner prescribed by the commissioner and must
include:
new text end

new text begin (1) a description of the covered entity's progress made toward objectives detailed in the
plan developed under subdivision 3, including a summary of the projects completed for the
reporting year;
new text end

new text begin (2) evidence, such as receipts, of meeting the covered entity's obligation for the previous
year;
new text end

new text begin (3) the rate charged during the preceding calendar year;
new text end

new text begin (4) proof of how at least 40 percent of the covered entity's obligation is met through
projects directly serving environmental justice communities; and
new text end

new text begin (5) any other information requested by the commissioner to determine compliance.
new text end

new text begin (b) No later than February 1 each year, a person receiving funding for a landfill
responsibility project must submit a report to the commissioner for the preceding calendar
year. The annual report must be submitted in a form and manner prescribed by the
commissioner and must include:
new text end

new text begin (1) proof of the amount of funding received and the time frame for each eligible project;
new text end

new text begin (2) the time frame for the project;
new text end

new text begin (3) a description of the amount of waste reduction or source reduction achieved by the
project during the reporting year by weight, categorized by material type;
new text end

new text begin (4) a description of how the project served environmental justice communities, if
applicable;
new text end

new text begin (5) a description of how the data was measured and the activities used to achieve the
specified waste reduction or source reduction amounts; and
new text end

new text begin (6) any other information requested by the commissioner to determine compliance.
new text end

new text begin Subd. 7. new text end

new text begin Operating record. new text end

new text begin A covered entity must record and maintain in an operating
record all information used to determine the rate charged, including gate receipts and financial
records, for a minimum of five years.
new text end

new text begin Subd. 8. new text end

new text begin Duty to provide information. new text end

new text begin If the commissioner requests information to
determine compliance with this section, a person must furnish to the commissioner any
information that the person may have or may reasonably obtain.
new text end

Sec. 12.

new text begin [115A.404] LANDFILL RESPONSIBILITY ASSESSMENT.
new text end

new text begin (a) By January 1 each year, a covered entity must pay to the commissioner an assessment
fee according to this section. The commissioner must deposit the fee in the state treasury
and credit the fee to the environmental fund.
new text end

new text begin (b) The annual assessment fee is calculated for each covered entity according to the
formula:
new text end

new text begin X = A * (B/C)
new text end

new text begin Where:
new text end

new text begin X is the assessment fee owed by each covered entity
new text end

new text begin A is the anticipated total annual cost to the agency to administer and implement the
Landfill Responsibility Act for the following year, as determined by the commissioner
new text end

new text begin B is the total amount of solid waste, measured in tons, disposed of in a covered entity's
applicable area or applicable areas according to the covered entity's most recent annual
report
new text end

new text begin C is the total amount of solid waste, measured in tons, disposed of in the applicable areas
at all covered entities according to the covered entities' most recent annual reports
new text end

Sec. 13.

new text begin [115A.405] WASTE COMPOSITION STUDY.
new text end

new text begin Subdivision 1. new text end

new text begin Waste composition study. new text end

new text begin By January 1 each year, the commissioner
must conduct a waste composition study at covered entities. When identifying facilities for
waste composition studies, the commissioner must rotate the covered entities and each
covered entity must allow the commissioner to perform a waste composition study at least
once every three years.
new text end

new text begin Subd. 2. new text end

new text begin Access. new text end

new text begin The commissioner or commissioner's designee, upon presentation of
credentials, may enter upon any public or private property to take any action authorized by
this section. The covered entity must provide access to pertinent books and records and
provide reasonable accommodations for a waste composition study to be completed
accurately and safely.
new text end

new text begin Subd. 3. new text end

new text begin Data compilation. new text end

new text begin The commissioner must annually compile and summarize
the waste composition data. The commissioner must make the summary information available
to the public.
new text end

Sec. 14.

Minnesota Statutes 2020, section 115A.565, subdivision 1, is amended to read:


Subdivision 1.

Grant program established.

The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end make
competitive grants to political subdivisions new text beginor federally recognized tribes new text endto establish curbside
recycling or composting, increase recycling or composting, reduce the amount of recyclable
materials entering disposal facilities, or reduce the costs associated with hauling waste by
locating collection sites as close as possible to the site where the waste is generated. To be
eligible for grants under this section, a political subdivision new text beginor federally recognized tribe
new text end must be located outside the seven-county metropolitan area and a city must have a population
of less than 45,000.

Sec. 15.

Minnesota Statutes 2020, section 115B.421, is amended to read:


115B.421 CLOSED LANDFILL INVESTMENT FUND.

new text begin (a) new text endThe closed landfill investment fund is established in the state treasury. The fund
consists of money credited to the fund, and interest and other earnings on money in the
fund. Beginning July 1, 2003, funds must be deposited as described in section 115B.445.
The fund shall be managed to maximize long-term gain through the State Board of
Investment. Money in the fund new text beginis appropriated to the commissioner and new text endmay be spent deleted text beginby
the commissioner
deleted text end after fiscal year 2020 in accordance with sections 115B.39 to 115B.444.

new text begin (b) The commissioner of management and budget must allocate the amounts available
in any biennium to the commissioner for the purposes provided in sections 115B.39 to
115B.444 based on work plans submitted by the commissioner and may adjust the allocations
if the commissioner submits revised work plans. The commissioner must submit copies of
the work plans to the chairs of the senate and house of representatives committees and
divisions having jurisdiction over environment policy and finance. The commissioner may
submit one work plan for the landfill cleanup program covering all funding sources to meet
the work plan requirements under section 116.155 and this section.
new text end

Sec. 16.

Minnesota Statutes 2020, section 116.06, is amended by adding a subdivision to
read:


new text begin Subd. 6a. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of the Minnesota
Pollution Control Agency.
new text end

Sec. 17.

Minnesota Statutes 2020, section 116.06, is amended by adding a subdivision to
read:


new text begin Subd. 6b. new text end

new text begin Community of color. new text end

new text begin "Community of color" means a geographically distinct
population with a substantial number of individuals who identify as Black, African American,
Hispanic, Latinx, Asian, Pacific Islander, or any other nonwhite race.
new text end

Sec. 18.

Minnesota Statutes 2020, section 116.06, is amended by adding a subdivision to
read:


new text begin Subd. 6c. new text end

new text begin Cumulative impacts. new text end

new text begin "Cumulative impacts" means the potential public health
and environmental impacts from combined pollutant exposures and risks, incorporating the
context of community vulnerabilities, assessed from publicly accessible data based on the
past, present, and reasonably foreseeable future levels, emissions, and discharges affecting
the geographical area.
new text end

Sec. 19.

Minnesota Statutes 2020, section 116.06, is amended by adding a subdivision to
read:


new text begin Subd. 10a. new text end

new text begin Environmental justice. new text end

new text begin "Environmental justice" means that communities
of color, indigenous communities, and low-income communities have a healthy environment
and are treated fairly when environmental statutes, rules, and policies are developed, adopted,
implemented, and enforced.
new text end

Sec. 20.

Minnesota Statutes 2020, section 116.06, is amended by adding a subdivision to
read:


new text begin Subd. 10b. new text end

new text begin Environmental justice area of concern. new text end

new text begin "Environmental justice area of
concern" means a census tract or tracts:
new text end

new text begin (1) wherein at least 40 percent of people reported income less than 200 percent of the
federal poverty level;
new text end

new text begin (2) wherein at least 45 percent of the people identify as people of color in the most recent
data from the United States Census Bureau; or
new text end

new text begin (3) that are in Indian country, as defined in United States Code, title 18, section 1151.
new text end

Sec. 21.

new text begin [116.065] ENVIRONMENTAL JUSTICE AREAS OF CONCERN.
new text end

new text begin (a) When a new facility or a proposed expansion of an existing facility is located in an
environmental justice area of concern, the owner or operator of the facility must conduct
an analysis of the cumulative impacts that the facility or expansion would cause or contribute
to in the environmental justice area of concern.
new text end

new text begin (b) An owner or operator of a facility or project that requires a state permit under chapters
115 to 116 and that is located in an environmental justice area of concern must hold at least
one public meeting in the area of concern before the commissioner issues or denies a permit.
new text end

new text begin (c) The commissioner may require a permitted facility located in an environmental justice
area of concern to hold in-person meetings with neighbors to share information and discuss
community concerns. The commissioner may set the number and frequency of required
meetings as permit conditions.
new text end

new text begin (d) The commissioner may deny permits in an environmental justice area of concern if
the commissioner finds that a new facility that requires a permit from the agency would
cause or contribute to adverse cumulative impacts. The commissioner may consider other
compelling public interests in the decision to issue permits according to this section.
new text end

new text begin (e) The commissioner must adopt rules according to chapter 14 to implement this section.
new text end

Sec. 22.

Minnesota Statutes 2020, section 116.07, subdivision 6, is amended to read:


Subd. 6.

Pollution Control Agency; exercise of powers.

In exercising all deleted text beginitsdeleted text end powersnew text begin,
the commissioner of
new text end the Pollution Control Agency deleted text beginshall give due consideration todeleted text endnew text begin must:
new text end

new text begin (1) consider new text endthe establishment, maintenance, operation and expansion of business,
commerce, trade, industry, traffic, and other economic factors and other material matters
affecting the feasibility and practicability of any proposed action, including, but not limited
to, the burden on a municipality of any tax which may result therefrom, and deleted text beginshalldeleted text endnew text begin mustnew text end take
or provide for such action as may be reasonable, feasible, and practical under the
circumstancesdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (2) to the extent reasonable, feasible, and practical under the circumstances:
new text end

new text begin (i) ensure that actions or programs that have a direct, indirect, or cumulative impact on
environmental justice areas of concern incorporate community-focused practices and
procedures in agency processes, including communication, outreach, engagement, and
education to enhance meaningful, timely, and transparent community access;
new text end

new text begin (ii) collaborate with other state agencies to identify, develop, and implement means to
eliminate and reverse environmental and health inequities and disparities;
new text end

new text begin (iii) promote the utility and availability of environmental data and analysis for
environmental justice areas of concern, other agencies, federally recognized tribal
governments, and the public;
new text end

new text begin (iv) encourage coordination and collaboration with residents of environmental justice
areas of concern to address environmental and health inequities and disparities; and
new text end

new text begin (v) ensure environmental justice values are represented to the agency from a
commissioner-appointed environmental justice advisory committee that is composed of
diverse members and that is developed and operated in a manner open to the public and in
accordance with the duties described in the bylaws and charter adopted and maintained by
the commissioner.
new text end

Sec. 23.

Minnesota Statutes 2020, section 116.07, subdivision 9, is amended to read:


Subd. 9.

Orders; investigations.

The deleted text beginagency shall havedeleted text endnew text begin commissioner hasnew text end the following
powers and duties for deleted text beginthe enforcement ofdeleted text endnew text begin enforcingnew text end any provision of this chapter and chapter
114C, relating to air contamination or waste:

(1) to adopt, issue, reissue, modify, deny, revoke, new text beginreopen, new text endenter into or enforce reasonable
orders, schedules of compliance and stipulation agreements;

(2) to require the owner or operator of any emission facility, air contaminant treatment
facility, potential air contaminant storage facility, or any system or facility related to the
storage, collection, transportation, processing, or disposal of waste to establish and maintain
records; to make reports; to install, use, and maintain monitoring equipment or methods;
and to make tests, including testing for odor where a nuisance may exist, in accordance with
methods, at locations, at intervals, and in a manner as the agency shall prescribe; and to
provide other information as the agency may reasonably require;

(3) to conduct investigations, issue notices, public and otherwise, and order hearings as
it may deem necessary or advisable for the discharge of its duties under this chapter and
chapter 114C, including but not limited to the issuance of permits; and to authorize any
member, employee, or agent appointed by it to conduct the investigations and issue the
noticesdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (4) to require parties who enter into a negotiated agreement to settle an enforcement
matter with the agency to reimburse the agency according to this clause for oversight costs
that are incurred by the agency and associated with implementing the negotiated agreement.
The agency may recover oversight costs exceeding $25,000. Oversight costs include
personnel and direct costs associated with inspections, sampling, monitoring, modeling,
risk assessment, permit writing, engineering review, economic analysis and review, and
other record or document review. Only oversight costs incurred after executing the negotiated
agreement are covered by this clause. The agency's legal and litigation costs are not covered
by this clause. The commissioner has discretion as to whether to apply this clause in cases
where the agency is using schedules of compliance to bring a class of regulated parties into
compliance. Reimbursement amounts are appropriated to the commissioner.
new text end

Sec. 24.

Minnesota Statutes 2020, section 116.07, is amended by adding a subdivision to
read:


new text begin Subd. 9a. new text end

new text begin Stipulation agreements. new text end

new text begin In exercising enforcement powers over a term of a
stipulation agreement when a party asserts a good cause or force majeure claim for an
extension of time to comply with a stipulated term, the commissioner must not grant the
extension if the assertion is based solely on increased costs.
new text end

Sec. 25.

Minnesota Statutes 2020, section 116.07, is amended by adding a subdivision to
read:


new text begin Subd. 9b. new text end

new text begin Compliance when required permit not obtained. new text end

new text begin The commissioner may
require a person or facility that fails to obtain a required permit to comply with any terms
of a permit that would have been issued had the person or facility obtained a permit, including
but not limited to reporting, monitoring, controlling pollutant discharge, and creating and
implementing operations and maintenance plans. The person or facility is subject to liability
and penalties, including criminal liability, for failing to operate in compliance with a permit
not obtained beginning at the time a permit should have been obtained.
new text end

Sec. 26.

Minnesota Statutes 2020, section 116.11, is amended to read:


116.11 EMERGENCY POWERS.

new text begin Subdivision 1. new text end

new text begin Imminent and substantial danger. new text end

If there is imminent and substantial
danger to the health and welfare of the people of the state, or of any of them, as a result of
the pollution of air, land, or water, the deleted text beginagencydeleted text endnew text begin commissionernew text end may by emergency order direct
the immediate discontinuance or abatement of the pollution without notice and without a
hearing or at the request of the deleted text beginagencydeleted text endnew text begin commissionernew text end, the attorney general may bring an
action in the name of the state in the appropriate district court for a temporary restraining
order to immediately abate or prevent the pollution. The deleted text beginagencydeleted text endnew text begin commissioner'snew text end order or
temporary restraining order deleted text beginshall remaindeleted text endnew text begin isnew text end effective until notice, hearing, and determination
pursuant to other provisions of law, or, in the interim, as otherwise ordered. A final order
of the deleted text beginagencydeleted text endnew text begin commissionernew text end in these cases deleted text beginshall bedeleted text endnew text begin isnew text end appealable in accordance with chapter
14.

new text begin Subd. 2. new text end

new text begin Other acts of concern. new text end

new text begin (a) The commissioner may exercise the authority under
paragraph (b) when the commissioner has evidence of a pattern of behavior that includes
any of the following:
new text end

new text begin (1) falsification of records;
new text end

new text begin (2) a history of noncompliance with schedules of compliance or terms of a stipulation
agreement;
new text end

new text begin (3) chronic or substantial permit violations; or
new text end

new text begin (4) operating with or without a permit where there is evidence of danger to the health
or welfare of the people of the state or evidence of environmental harm.
new text end

new text begin (b) When the commissioner has evidence of a pattern of behavior specified in paragraph
(a), then regardless of the presence of imminent and substantial danger, the commissioner
may investigate and may:
new text end

new text begin (1) exercise emergency powers according to subdivision 1;
new text end

new text begin (2) suspend or revoke a permit;
new text end

new text begin (3) issue an order to cease operation or activities;
new text end

new text begin (4) require financial assurances;
new text end

new text begin (5) reopen and modify a permit to require additional terms;
new text end

new text begin (6) require additional agency oversight; or
new text end

new text begin (7) pursue other actions deemed necessary to abate pollution and protect human health.
new text end

Sec. 27.

Minnesota Statutes 2020, section 325E.046, is amended to read:


325E.046 STANDARDS FOR LABELING deleted text beginPLASTICdeleted text end BAGSnew text begin, FOOD OR
BEVERAGE PRODUCTS, AND PACKAGING
new text end.

Subdivision 1.

deleted text begin"deleted text endBiodegradabledeleted text begin"deleted text end label.

A deleted text beginmanufacturer, distributor, or wholesalerdeleted text endnew text begin personnew text end
may not new text beginsell or new text endoffer for sale in this state a deleted text beginplastic bagdeleted text endnew text begin covered productnew text end labeled
"biodegradable," "degradable," new text begin"decomposable," new text endor any form of those terms, or in any way
imply that the deleted text beginbagdeleted text endnew text begin covered productnew text end will deleted text beginchemically decompose into innocuous elements in
a reasonably short period of time in a landfill, composting, or other terrestrial environment
unless a scientifically based standard for biodegradability is developed and the bags are
certified as meeting the standard.
deleted text endnew text begin break down, fragment, degrade, biodegrade, or decompose
in a landfill or other environment, unless an ASTM standard specification is adopted for
the term claimed and the specification is approved by the legislature.
new text end

Subd. 2.

deleted text begin"deleted text endCompostabledeleted text begin"deleted text end label.

new text begin(a) new text endA deleted text beginmanufacturer, distributor, or wholesalerdeleted text endnew text begin personnew text end
may not new text beginsell or new text endoffer for sale in this state a deleted text beginplastic bagdeleted text endnew text begin covered productnew text end labeled "compostable"
unless, at the time of salenew text begin or offer for salenew text end, the deleted text beginbagdeleted text endnew text begin covered product:
new text end

new text begin (1)new text end meets the ASTM Standard Specification for deleted text beginCompostabledeleted text endnew text begin Labeling ofnew text end Plastics
new text begin Designed to be Aerobically Composted in Municipal or Industrial Facilities new text end(D6400)deleted text begin. Each
bag must be labeled to reflect that it meets the standard. For purposes of this subdivision,
"ASTM" has the meaning given in section 296A.01, subdivision 6.
deleted text endnew text begin or its successor or the
ASTM Standard Specification for Labeling of End Items that Incorporate Plastics and
Polymers as Coatings or Additives with Paper and Other Substrates Designed to be
Aerobically Composted in Municipal or Industrial Facilities (D6868) or its successor, and
the covered product is labeled to reflect that it meets the specification;
new text end

new text begin (2) is comprised of only wood without any coatings or additives; or
new text end

new text begin (3) is comprised of only paper without any coatings or additives.
new text end

new text begin (b) A covered product labeled "compostable" and meeting the criteria under paragraph
(a) must be clearly and prominently labeled on the product, or on the product's smallest unit
of sale, to reflect that it is intended for an industrial or commercial compost facility. The
label required under this paragraph must be in legible text size and font.
new text end

new text begin Subd. 2a. new text end

new text begin Certification of compostable products. new text end

new text begin Beginning January 1, 2023, a person
may not sell or offer for sale a covered product labeled as "compostable" unless the person
obtains certification that the product meets the requirements of subdivision 2 from an entity
that:
new text end

new text begin (1) is a nonprofit corporation;
new text end

new text begin (2) as its primary focus of operation, promotes the production, use, and appropriate end
of life for materials and products that are designed to fully biodegrade in specific biologically
active environments such as industrial composting; and
new text end

new text begin (3) is technically capable of and willing to perform analysis necessary to determine a
product's compliance with subdivision 2.
new text end

Subd. 3.

Enforcement; civil penalty; injunctive relief.

(a) A deleted text beginmanufacturer, distributor,
or wholesaler
deleted text endnew text begin personnew text end who violates deleted text beginsubdivision 1 or 2deleted text endnew text begin this sectionnew text end is subject to a civil new text beginor
administrative
new text endpenalty of $100 for each prepackaged saleable unit new text beginsold or new text endoffered for sale
up to a maximum of $5,000 and may be enjoined from those violations.

(b) The attorney general may bring an action in the name of the state in a court of
competent jurisdiction for recovery of civil penalties or for injunctive relief as provided in
this subdivision. The attorney general may accept an assurance of discontinuance of acts
in violation of deleted text beginsubdivision 1 or 2deleted text endnew text begin this sectionnew text end in the manner provided in section 8.31,
subdivision 2b
.

new text begin (c) The commissioner of the Pollution Control Agency may enforce this section under
sections 115.071 and 116.072.
new text end

new text begin (d) When requested by the attorney general or the commissioner of the Pollution Control
Agency, a person selling or offering for sale a covered product labeled as compostable must
furnish to the attorney general or the commissioner any information that the person may
have or may reasonably obtain that is relevant to show compliance with this section.
new text end

new text begin Subd. 4. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the meanings
given them:
new text end

new text begin (1) "ASTM" has the meaning given in section 296A.01, subdivision 6;
new text end

new text begin (2) "covered product" means a bag, food or beverage product, or packaging;
new text end

new text begin (3) "food or beverage product" means a product that is used to wrap, package, contain,
serve, store, prepare, or consume a food or beverage, such as plates, bowls, cups, lids, trays,
straws, utensils, and hinged or lidded containers; and
new text end

new text begin (4) "packaging" has the meaning given in section 115A.03, subdivision 22b.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 28. new text beginAPPROPRIATION; CLIMATE RESILIENCY PROGRAM.
new text end

new text begin $1,358,000 in fiscal year 2022 and $1,606,000 in fiscal year 2023 are appropriated to
the commissioner of the Pollution Control Agency to establish and implement a climate
resiliency program providing technical assistance and grants to local governmental units
and Tribal Governments. Climate resiliency technical assistance and grants may fund climate
risk assessment, planning, and pre-design necessary for infrastructure bond funding to
address issues of community flooding and wastewater treatment system overflows caused
by inadequate stormwater or sanitary sewer infrastructure.
new text end

Sec. 29. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, section 115.44, subdivision 9, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 21-00153

115.44 CLASSIFICATION OF WATERS; STANDARDS OF QUALITY AND PURITY.

Subd. 9.

Annual report.

(a) By January 15 each year, the commissioner shall post on the Pollution Control Agency's website a report on the agency's activities the previous calendar year to implement standards and classification requirements into national pollutant discharge elimination system and state disposal system permits held by municipalities. The report must include:

(1) a summary of permits issued or reissued over the previous calendar year, including any changes to permitted effluent limits due to water quality standards adopted or revised during the previous permit term;

(2) highlights of innovative approaches employed by the agency and municipalities to develop and achieve permit requirements in a cost-effective manner;

(3) a summary of standards development and water quality rulemaking activities over the previous calendar year, including economic analyses;

(4) a summary of standards development and water quality rulemaking activities anticipated for the next three years, including economic analyses;

(5) a process and timeframe for municipalities to provide input to the agency regarding their needs based on the information provided in the report; and

(6) a list of anticipated permitting initiatives in the next calendar year that may impact municipalities and the agency's plan for involving the municipalities throughout the planning and decision-making process. The plan must include opportunities for input and public comment from municipalities on rulemaking initiatives prior to preparation of a statement of need and reasonableness required under section 14.131. The commissioner must ensure the agency's plan under this clause is implemented.

(b) For the purposes of this section, "economic analyses" must include assessments of the potential costs to regulated municipalities associated with water quality standards or rules proposed by the agency.