Minnesota Legislature
SF 2057
1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - 1st Engrossment
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A bill for an act
relating to environment; modifying advisory boards;
eliminating a report; indemnifying participants in
pollution prevention assistance program; amending
Minnesota Statutes 2004, sections 115A.072,
subdivision 1; 115A.12; 115A.929; 115D.04, subdivision
3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 115A.072,
subdivision 1, is amended to read:
Subdivision 1.
Environmental education advisory board.
(a) The director shall provide for the development and
implementation of environmental education programs that are
designed to meet the goals listed in section 115A.073.
(b) The Environmental Education Advisory Board shall advise
the director in carrying out the director's responsibilities
under this section. The board consists of 20 members as follows:
(1) a representative of the Pollution Control Agency,
appointed by the commissioner of the agency;
(2) a representative of the Department of Education,
appointed by the commissioner of education;
(3) a representative of the Department of Agriculture,
appointed by the commissioner of agriculture;
(4) a representative of the Department of Health, appointed
by the commissioner of health;
(5) a representative of the Department of Natural
Resources, appointed by the commissioner of natural resources;
(6) a representative of the Board of Water and Soil
Resources, appointed by that board;
(7) a representative of the Environmental Quality Board,
appointed by that board;
(8) a representative of the Board of Teaching, appointed by
that board;
(9) a representative of the University of Minnesota
Extension Service, appointed by the director of the service;
(10) a citizen member from each congressional district, of
which two must be licensed teachers currently teaching in the
K-12 system, appointed by the director; and
(11) three at-large citizen members, appointed by the
director.
The citizen members shall serve two-year terms. Compensation of
board members is governed by section 15.059, subdivision 6. The
board expires on June 30, deleted text begin 2003 deleted text end new text begin 2008new text end .
Sec. 2.
Minnesota Statutes 2004, section 115A.12, is
amended to read:
115A.12 ADVISORY COUNCILS.
(a) The director shall establish deleted text begin a Solid Waste Management
Advisory Council and a Prevention, Reduction, and Recycling deleted text end new text begin an
Environmental Innovations new text end Advisory Council that deleted text begin are deleted text end new text begin is new text end broadly
representative of the geographic areas and interests of the
state.
deleted text begin
(b) The solid waste council shall have not less than nine
nor more than 21 members. The membership of the solid waste
council shall consist of one-third citizen representatives,
one-third representatives from local government units, and
one-third representatives from private solid waste management
firms. The solid waste council shall contain at least three
members experienced in the private recycling industry and at
least one member experienced in each of the following areas:
state and municipal finance; solid waste collection, processing,
and disposal; and solid waste reduction and resource recovery.
deleted text end
deleted text begin
(c) deleted text end new text begin (b) new text end The deleted text begin Prevention, Reduction, and Recycling
deleted text end new text begin
Environmental Innovations new text end Advisory Council shall have not less
than nine deleted text begin nor deleted text end new text begin or new text end more than 24 members. The membership shall
consist of deleted text begin one-third deleted text end citizen deleted text begin representativesdeleted text end , deleted text begin one-third
representatives of deleted text end government, new text begin institutional,new text end and deleted text begin one-third
representatives of deleted text end business deleted text begin and industry deleted text end new text begin representativesnew text end . deleted text begin The
director may appoint nonvoting members from other environmental
and business assistance providers in the state.
deleted text end
deleted text begin
(d) deleted text end new text begin (c) new text end The deleted text begin chairs deleted text end new text begin chair new text end of the advisory deleted text begin councils
deleted text end new text begin
council new text end shall be appointed by the director. The director shall
provide administrative and staff services for the advisory
deleted text begin
councils deleted text end new text begin councilnew text end . The advisory deleted text begin councils deleted text end new text begin council new text end shall have such
duties as are assigned by law or the director. The deleted text begin Solid Waste
Advisory Council shall make recommendations to the office on its
solid waste management activities. The Prevention, Reduction,
and Recycling deleted text end new text begin Environmental Innovations new text end Advisory Council shall
make recommendations to the office on policy, programs, and
legislation in pollution prevention, waste reduction, reuse deleted text begin and deleted text end new text begin ,
new text end
recycling, new text begin and new text end resource conservationdeleted text begin , and the management of
hazardous wastedeleted text end . new text begin The Environmental Innovations Advisory Council
shall focus on developing and implementing innovative programs
that improve Minnesota's environment by emphasizing front-end
preventative, and resource conservation approaches to preventing
waste and pollution. The council shall emphasize partnerships
of government, citizens, institutions, and business to develop
and implement these programs.new text end Members of the advisory deleted text begin councils
deleted text end new text begin
council new text end shall serve without compensation but shall be reimbursed
for their reasonable expenses as determined by the director.
Notwithstanding section 15.059, subdivision 5, the deleted text begin Solid Waste
Management Advisory Council and the Prevention, Reduction, and
Recycling deleted text end new text begin Environmental Innovations Environmental Innovations
new text end
Advisory Council deleted text begin expire deleted text end new text begin expires new text end June 30, deleted text begin 2003 deleted text end new text begin 2009new text end .
Sec. 3.
Minnesota Statutes 2004, section 115A.929, is
amended to read:
115A.929 FEES; ACCOUNTING.
Each political subdivision that provides for solid waste
management shall account for all revenue collected from waste
management fees, together with interest earned on revenue from
the fees, separately from other revenue collected by the
political subdivision and shall report revenue collected from
the fees and use of the revenue separately from other revenue
and use of revenue in any required financial report or audit.
deleted text begin
Each political subdivision must file with the director, on or
before June 30 annually, the separate report of all revenue
collected from waste management fees, together with interest on
revenue from the fees, for the previous year.deleted text end For the purposes
of this section, "waste management fees" means:
(1) all fees, charges, and surcharges collected under
sections 115A.919, 115A.921, and 115A.923;
(2) all tipping fees collected at waste management
facilities owned or operated by the political subdivision;
(3) all charges imposed by the political subdivision for
waste collection and management services; and
(4) any other fees, charges, or surcharges imposed on waste
or for the purpose of waste management, whether collected
directly from generators or indirectly through property taxes or
as part of utility or other charges for services provided by the
political subdivision.
Sec. 4.
Minnesota Statutes 2004, section 115D.04,
subdivision 3, is amended to read:
Subd. 3.
Administration.
(a) The pollution prevention
assistance program must be coordinated with other public and
private programs that provide management and technical
assistance to eligible recipients.
(b) The director may make grants to public or private
entities to operate elements of the program. Grantees shall
provide periodic reports on their efforts to assist eligible
recipients to reduce pollution.
new text begin
(c) A person, when operating or participating in elements
of the technical assistance program pursuant to a grant or
contract with the office under this section or other law, is an
employee of the state, certified to be acting within the scope
of employment, for purposes of the indemnification provisions of
section 3.736, subdivision 9, for claims that arise out of the
information, assistance, and recommendations covered by the
grant or contract. The state is not obligated to defend or
indemnify a grantee or contractor under this subdivision to the
extent of the grantee's or contractor's liability insurance.
The grantee's or contractor's right to indemnity is not a waiver
of limitations, defenses, and immunities available to either the
grantee or contractor or the state by law.
new text end