SF 3517

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to solid waste; amending the definition of mixed municipal solid
waste; defining reuse; establishing principles of product stewardship; requiring
recycling of construction and demolition waste in state buildings; requiring a
study; requiring a resource recovery facility to recover and recycle metals; setting
recycling goals for certain construction and demolition projects; regulating waste
management charges; setting standards for compost containers; establishing
eligibility of waste management activities as greenhouse gas offset projects;
exempting certain equipment from the state sales tax; regulating charges for
nonmixed municipal solid waste; allowing residents to decline to receive local
telephone directories; requiring a model ordinance; establishing a task force;
providing penalties; appropriating money; amending Minnesota Statutes 2006,
sections 115A.03, subdivisions 21, 32a, by adding a subdivision; 115A.93,
subdivisions 3, 3a; 115A.9301; 297A.68, subdivision 24; 297H.02, subdivision
2; 297H.04; Minnesota Statutes 2007 Supplement, section 216B.241, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapters 16B;
115A; 325E; repealing Minnesota Statutes 2006, sections 115A.175; 115A.18;
115A.19; 115A.191; 115A.192; 115A.194; 115A.195; 115A.20; 115A.24;
115A.28, subdivision 3; 115A.30; 115A.301; 115A.31; 115A.55, subdivision 4;
115A.5501, subdivision 1; 115A.551, subdivision 7; Minnesota Statutes 2007
Supplement, sections 115A.193; 115A.28, subdivision 2.

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

Section 1.

new text begin [16B.327] RECYCLING CONSTRUCTION AND DEMOLITION
WASTE FROM STATE BUILDINGS; REQUIREMENT.
new text end

new text begin The Department of Administration shall require in contracts for the construction,
renovation or demolition of a state building that the contractor and any subcontractor
must divert from deposit in a landfill and must recycle 40 percent of the waste tonnage
produced by the project. This requirement shall apply to all construction, renovation or
demolition projects for state buildings receiving funding from the bond proceeds fund
after January 1, 2009.
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 2006, section 115A.03, subdivision 21, is amended to read:

Subd. 21.

Mixed municipal solid waste.

(a) "Mixed municipal solid waste" means
garbage, refuse, and other solid waste from residential, commercial, industrial, and
community activities that the generator of the waste aggregates for collection, except as
provided in paragraph (b).

(b) Mixed municipal solid waste does not include auto hulks, street sweepings, ash,
construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid
batteries, motor and vehicle fluids and filters, and other materials collected, processed,
and disposed of as separate waste streams deleted text begin , but does include source-separated compostable
materials deleted 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. 3.

Minnesota Statutes 2006, section 115A.03, is amended by adding a subdivision
to read:

new text begin Subd. 28c. new text end

new text begin Reuse. new text end

new text begin "Reuse" means:
new text end

new text begin (1) using materials for the purpose for which they were originally intended or for
another purpose that does not cause their destruction in a manner that precludes their
further use;
new text end

new text begin (2) using food manufactured for human consumption for human consumption by
humans for whom it was not originally intended; and
new text end

new text begin (3) diverting food manufactured for human consumption to consumption by animals.
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. 4.

Minnesota Statutes 2006, section 115A.03, subdivision 32a, is amended to read:

Subd. 32a.

Source-separated compostable materials.

"Source-separated
compostable materials" means deleted text begin mixed municipal solid waste deleted text end new text begin materials new text end that:

(1) deleted text begin is deleted text end new text begin are new text end separated at the source by waste generators for the purpose of preparing
deleted text begin it deleted text end new text begin them new text end for use as compost;

(2) deleted text begin is deleted text end new text begin are new text end collected separately from deleted text begin other deleted text end mixed municipal solid deleted text begin wastes deleted text end new text begin waste, and
are governed by the licensing provisions of section 115A.93 new text end ;

(3) deleted text begin is deleted text end new text begin are new text end 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; deleted text begin and
deleted text end

(4) deleted text begin is deleted text end new text begin are new text end 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 residues do not exceed 15 percent by weight of the total
material delivered to the facility new text begin ; and
new text end

new text begin (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 new text end .

Sec. 5.

new text begin [115A.0712] PRODUCT STEWARDSHIP.
new text end

new text begin Subdivision 1. new text end

new text begin Principles. new text end

new text begin Consistent with Minnesota Statutes, section 115A.02, it
is the goal of this state to promote resource conservation and protect public health and
the environment through product stewardship. Product stewardship is a preferred method
the state may implement to conserve resources, prevent waste, and reduce the toxicity of
product constituents. The principles of product stewardship are:
new text end

new text begin (a) All parties who have a role in designing, producing, or selling a product or
product component assume responsibility for achieving the following goals:
new text end

new text begin (1) ensuring that the principles of design for the environment govern product design
so that toxic and hazardous constituents of products are reduced or eliminated, and product
reuse and recycling are facilitated;
new text end

new text begin (2) reducing the toxicity and amount of waste resulting from the manufacture, use
and disposal of products; and
new text end

new text begin (3) using materials, energy and water efficiently at every stage of a product's life
cycle, including manufacture, distribution, sale, use and recovery.
new text end

new text begin (b) Purchasers and users play an important role in selecting products that reflect
design for the environment practices and managing the products appropriately at the
end of the product's life.
new text end

new text begin (c) The more influence a party has over a product's life-cycle impacts, the greater the
party's responsibility to address those impacts.
new text end

new text begin (d) Product stewardship programs should be flexible, transparent, and sustainable.
new text end

new text begin (e) End-of-life costs to recover resources and manage products are internalized into
product costs, so they are not transferred to government and taxpayers.
new text end

new text begin (f) Product stewardship programs are designed to maximize economic efficiency,
promote market competition, stimulate innovation, reduce costs, and provide convenient
collection opportunities.
new text end

new text begin (g) Government provides leadership in product stewardship in all its activities,
including, but not limited to, purchasing products and services, making capital investments
in buildings and infrastructure and, if appropriate, facilitating collection and recycling
options for products in conjunction with other parties.
new text end

new text begin Subd. 2. new text end

new text begin Recommendations. new text end

new text begin By January 15, 2009, the commissioner must
present to the chairs and ranking minority members of the senate and house committees
with primary jurisdiction over environmental policy and environmental finance,
recommendations for establishing a comprehensive product stewardship approach to
reducing environmental and health risks posed by the use or disposal of certain products in
this state.
new text end

new text begin The recommendations must include, at a minimum:
new text end

new text begin (1) a set of criteria to be used to evaluate products proposed for product stewardship
solutions;
new text end

new text begin (2) a process for designating products for product stewardship solutions, and the role
the legislature would play in that process;
new text end

new text begin (3) typical components of product stewardship plans;
new text end

new text begin (4) options to facilitate the creation of industry-managed stewardship management
organizations;
new text end

new text begin (5) methods to identify and monitor progress towards stewardship performance
goals for specific products; and
new text end

new text begin (6) strategies to implement the use of standards, certifications, and eco-labels to
promote environmentally preferable products.
new text end

new text begin To the extent possible, the recommendations must be consistent with existing
product stewardship programs in North America. In developing the recommendations,
the commissioner must consult with manufacturers, retailers, recyclers, environmental
advocacy organizations, local units of government and other interested parties.
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. 6.

new text begin [115A.413] SOLID WASTE CHARACTERIZATION STUDY.
new text end

new text begin Beginning in 2010, and at least every ten years thereafter, the agency must conduct
a solid waste characterization study of waste generated by households and industrial,
commercial and institutional generators both inside and outside the seven-county
metropolitan area. The study must conduct field sorting events at multiple locations under
a sampling and sorting plan that insures that the data collected allows for an accurate
estimate of the composition of the waste stream by type of material, which estimate must
have a statistical margin of error at least as reliable as that in the agency's Statewide
Municipal Solid Waste Composition Study published in March 2000.
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. 7.

new text begin [115A.559] RESOURCE RECOVERY FACILITY; RECYCLING
REQUIREMENT.
new text end

new text begin As of January 1, 2011, a resource recovery facility that incinerates waste to produce
energy must recover ferrous and nonferrous metals for reuse or recycling from waste
that is delivered for processing.
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. 8.

new text begin [115A.5591] CONSTRUCTION AND DEMOLITION WASTE
RECYCLING REQUIREMENT.
new text end

new text begin A contractor constructing or demolishing a building of more than .... square feet
located in the seven-county metropolitan area must recycle or reuse or arrange for the
recycling or reuse of 40 percent of the waste, by weight, from the project. The waste
must be recycled on-site or delivered to recycling facilities permitted by the agency, but
may not be buried on-site.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 9.

Minnesota Statutes 2006, section 115A.93, subdivision 3, is amended to read:

Subd. 3.

License requirements; pricing based on volume or weight.

(a) A
licensing authority shall require licensees to impose charges for collection of mixed
municipal solid waste that increase with the volume or weight of the waste collected.

(b) A licensing authority may impose requirements that are consistent with the
county's solid waste policies as a condition of receiving and maintaining a license.

(c) A licensing authority deleted text begin shall deleted text end new text begin must new text end prohibit mixed municipal solid waste collectors
from imposing a deleted text begin greater charge on residents who recycle than on residents who do not
recycle deleted text end new text begin lesser charge for waste collection and disposal services on generators who
combine recyclable materials with mixed municipal solid waste than the charge imposed
for waste collection and disposal services on generators who separate recyclable materials
from mixed municipal solid waste that is collected and delivered to landfills or waste
to energy facilities new text end .

(d) The commissioner may exempt a licensing authority from the requirements of
paragraph (a) if the county within which the authority is located has an approved solid
waste management plan that concludes that variable rate pricing is not appropriate for that
jurisdiction because it is inconsistent with other incentives and mechanisms implemented
within the jurisdiction that are more effective in attaining the goals of this chapter to
discourage on-site disposal, littering, and illegal dumping.

(e) In the interim between revisions to the county solid waste management plan, the
commissioner may exempt a licensing authority from the requirements of paragraph (a)
if the commissioner makes the determination otherwise made by the plan in paragraph
(d) and finds that the licensing authority:

(1) operates or contracts for the operation of a residential recycling program that
collects more categories of recyclable materials than required in section 115A.552;

(2) has a residential participation rate in its recycling programs of at least 70 percent
or in excess of the participation rate for the county in which it is located, whichever
is greater; and

(3) is located in a county that has exceeded the recycling goals in section 115A.551.

An exemption granted by the commissioner in the interim between revisions to the county
solid waste management plan is only effective until the county solid waste management
plan is revised.

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

Minnesota Statutes 2006, section 115A.93, subdivision 3a, is amended to read:

Subd. 3a.

Volume requirement.

A licensing authority that requires a pricing system
based on volume instead of weight under subdivision 3 shall determine a base unit size for
an average small quantity household generator new text begin and an average commercial generator new text end and
establish, or require the licensee to establish, a multiple unit pricing system that ensures
that amounts of waste generated in excess of the base unit amount are priced higher than
the base unit price.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2010.
new text end

Sec. 11.

Minnesota Statutes 2006, section 115A.9301, is amended to read:

115A.9301 SOLID WASTE COLLECTION; VOLUME- OR WEIGHT-BASED
PRICING.

Subdivision 1.

Requirement.

new text begin (a) new text end A local government unit that collects charges for
solid waste collection directly from waste generators deleted text begin shall deleted text end new text begin must new text end implement charges that
increase as the volume or weight of the waste collected on-site from each generator's
residence or place of business increases.

new text begin (b) A local government unit may not impose a lesser charge for waste collection
and disposal services on generators who combine recyclable materials with mixed
municipal solid waste than the charge imposed for waste collection and disposal services
on generators who separate recyclable materials from mixed municipal solid waste that is
collected and delivered to landfills or waste to energy facilities.
new text end

Subd. 2.

Volume requirement.

If a local government unit implements a pricing
system based on volume instead of weight under subdivision 1, it shall determine a base
unit size for an average small quantity household generator new text begin and an average commercial
generator new text end and establish a multiple unit pricing system that ensures that amounts of waste
generated in excess of the base unit amount are priced higher than the base unit price.

Subd. 3.

Alternative.

A local government unit may satisfy the requirements of this
section by establishing at least three price categories for collection of household mixed
municipal solid waste to include, for households that generate small volumes of waste,
a waste collection unit that is smaller than and priced lower than for other generators if
the local government unit:

(1) operates or contracts for the operation of a residential recycling program that
collects more categories of recyclable materials than required in section 115A.552;

(2) has a residential participation rate in its recycling programs of at least 70 percent
or in excess of the participation rate for the county in which it is located, whichever
is greater;

(3) is located in a county that has exceeded the recycling goals in section 115A.551;
and

(4) generates, by all waste generators in the city, an amount of mixed municipal solid
waste that is managed by incineration, production of refuse-derived fuel, mixed municipal
solid waste composting, or disposal that is no greater, in proportion to the total amount of
waste managed as listed above by all waste generators in the county in which the city is
located, than it was for calendar year 1993.

Subd. 4.

Exemption.

(a) The commissioner may exempt a local government
unit from the requirements of subdivision 1 new text begin with respect to residential generators new text end if the
county within which the local government unit is located has an approved solid waste
management plan that concludes that variable rate pricing is not appropriate for that
jurisdiction because it is inconsistent with other incentives and mechanisms implemented
within the jurisdiction that are more effective in attaining the goals of this chapter to
discourage on-site disposal, littering, and illegal dumping.

(b) In the interim between revisions to the county solid waste management plan, the
commissioner may exempt a local government unit from the requirements of subdivision
1 if the commissioner makes the determination otherwise made by the plan in paragraph
(a) and finds that the local government unit:

(1) operates or contracts for the operation of a residential recycling program that
collects more categories of recyclable materials than required in section 115A.552;

(2) has a residential participation rate in its recycling programs of at least 70 percent
or in excess of the participation rate for the county in which it is located, whichever
is greater; and

(3) is located in a county that has exceeded the recycling goals in section 115A.551.

An exemption granted by the commissioner in the interim between revisions to the county
solid waste management plan is only effective until the county solid waste management
plan is revised.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2010.
new text end

Sec. 12.

new text begin [115A.933] MATERIALS USED FOR COMPOSTING.
new text end

new text begin After January 1, 2009, any plastic bag or container containing yard waste or food
waste delivered by a person to a compost facility in the seven-county metropolitan area
and not removed from the compost facility by the person must meet all the specifications
in ASTM Standard Specification for Compostable Plastics (D6400). For purposes of this
section "ASTM" has the meaning given in section 296A.01, subdivision 6.
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. 13.

Minnesota Statutes 2007 Supplement, section 216B.241, is amended by
adding a subdivision to read:

new text begin Subd. 1h. new text end

new text begin Solid waste reduction activities that reduce greenhouse gases. new text end

new text begin (a) A
utility may spend up to ... percent of its required conservation improvement expenditures
on a project that reduces greenhouse gas emissions resulting from solid waste management
activities, provided that it meets the following conditions:
new text end

new text begin (1) the activities undertaken by the project would not occur in the absence of the
project;
new text end

new text begin (2) the project activities are carried out entirely within Minnesota; and
new text end

new text begin (3) the reduction in greenhouse gases attributable to the project are permanent,
quantifiable, verifiable and enforceable.
new text end

new text begin (b) Projects eligible as offsets include, but are not limited to, activities that meet
the requirements of paragraph (a) and that:
new text end

new text begin (1) improve recycling infrastructure;
new text end

new text begin (2) increase the amount of recyclable materials collected from residential,
commercial or industrial generators;
new text end

new text begin (3) improve the efficiency of the recycling system; and
new text end

new text begin (4) increase the quality and value of recycled materials.
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. 14.

Minnesota Statutes 2006, section 297A.68, subdivision 24, is amended to read:

Subd. 24.

Waste processing equipment.

new text begin (a) new text end Equipment used for processing solid or
hazardous waste at a resource recovery facility, as defined in section 115A.03, subdivision
28, is exempt, including pollution control equipment at a resource recovery facility that
burns refuse-derived fuel or mixed municipal solid waste as its primary fuel. An electric
generation facility that processes and utilizes waste tires as its primary fuel is a resource
recovery facility for the purposes of this section.

new text begin (b) Equipment used to process construction waste and demolition waste generated in
this state in order to segregate recyclable materials is exempt.
new text end

new text begin (c) For the purposes of this subdivision, "construction waste" and "demolition
waste" have the meanings given in section 115A.1512, subdivision 1, paragraphs (b)
and (c), respectively.
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. 15.

Minnesota Statutes 2006, section 297H.02, subdivision 2, is amended to read:

Subd. 2.

Rates.

The rate of tax under this section is deleted text begin 9.75 deleted text end new text begin ... new text end percent.

new text begin EFFECTIVE DATE. new text end

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

Sec. 16.

Minnesota Statutes 2006, section 297H.04, is amended to read:

297H.04 NONMIXED MUNICIPAL SOLID WASTE.

Subdivision 1.

Imposition.

new text begin (a) new text end A tax is imposed upon the deleted text begin volume deleted text end new text begin sales price new text end of
nonmixed municipal solid waste deleted text begin that is managed deleted text end new text begin management services received by a
generator new text end .

new text begin (b) The tax is imposed upon the difference between the market price and the tip
fee at a processing or disposal facility where the tip fee is less than the market price
and the political subdivision subsidizes the cost of service at the facility. The political
subdivision is liable for the tax.
new text end

new text begin (c) The tax is imposed upon the market price of waste management services where a
political subdivision directly bills on a property tax statement for organized collection of
mixed municipal solid waste. The political subdivision is liable for the tax.
new text end

new text begin (d) Section 297H.02, subdivision 1, paragraph (d), applies to paragraphs (b) and (c)
of this subdivision.
new text end

Subd. 2.

Rate.

deleted text begin (a) Commercial generators that generate nonmixed municipal
solid waste shall pay a solid waste management tax of 60 cents per noncompacted
cubic yard of periodic waste collection capacity purchased by the generator, based on
the size of the container for the nonmixed municipal solid waste, the actual volume,
or the weight-to-volume conversion schedule in paragraph (c). However, the tax must
be calculated by the waste management service provider using the same method for
calculating the waste management service fee so that both are calculated according to
container capacity, actual volume, or weight.
deleted text end

deleted text begin (b) Notwithstanding section 297H.02, a residential generator that generates
nonmixed municipal solid waste shall pay a solid waste management tax in the same
manner as provided in paragraph (a).
deleted text end

deleted text begin (c) The weight-to-volume conversion schedule for:
deleted text end

deleted text begin (1) construction debris as defined in section 115A.03, subdivision 7, is one ton
equals 3.33 cubic yards, or $2 per ton;
deleted text end

deleted text begin (2) industrial waste as defined in section 115A.03, subdivision 13a, is equal to
60 cents per cubic yard. The commissioner of revenue after consultation with the
commissioner of the Pollution Control Agency, shall determine, and may publish by
notice, a conversion schedule for various industrial wastes; and
deleted text end

deleted text begin (3) infectious waste as defined in section 116.76, subdivision 12, and pathological
waste as defined in section 116.76, subdivision 14, is 150 pounds equals one cubic yard, or
60 cents per 150 pounds. deleted text end new text begin The rate of tax under this section is ... percent for a commercial
generator and ... percent for a residential generator.
new text end

Subd. 3.

Incineration with mixed waste; rate.

Nonmixed municipal solid waste
that is separately collected and processed, but must be incinerated with mixed municipal
solid waste in accordance with an industrial solid waste management plan approved by the
Pollution Control Agency, deleted text begin shall be deleted text end new text begin is new text end taxed at the rate for nonmixed municipal solid waste.

Subd. 4.

Disposal with mixed waste; rate.

Nonmixed municipal solid waste that is
separately collected or processed, but is disposed of within the permitted boundaries of
a land disposal facility that is also actively accepting and disposing of mixed municipal
solid waste, deleted text begin shall be deleted text end new text begin is new text end taxed at the rate for mixed municipal solid waste, unless the facility
owner and operator can demonstrate a physical separation between the mixed municipal
solid waste disposal area and nonmixed municipal solid waste disposal area, such that any
air or liquid emissions being collected from the disposal areas are collected separately.

new text begin EFFECTIVE DATE. new text end

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

Sec. 17.

new text begin [325E.319] LOCAL TELEPHONE DIRECTORIES; OPTION TO
DECLINE DELIVERY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (a) "Deliver" means to physically bring to a resident by personal delivery, but
does not include actions by the United States Postal Service, a commercial courier, or
a commercial package delivery service that allows a customer to track the status of a
shipment by destination, date and time of delivery.
new text end

new text begin (b) "'Do Not Receive' registry" means a list established and maintained by a person
who publishes and delivers local telephone directories to residents that contains the names
and addresses of residents who have notified the person that they do not wish to receive a
local telephone directory.
new text end

new text begin (c) "Local telephone directory" means a publication listing the names, addresses, and
telephone numbers of local businesses by type and containing advertisements promoting
those businesses or the products they sell.
new text end

new text begin (d) "Resident" means a person that has a mailing address in Minnesota that is not a
post office box.
new text end

new text begin Subd. 2. new text end

new text begin Option to decline delivery. new text end

new text begin (a) A person publishing and delivering local
telephone directories in this state must print in boldfaced type in .. point font or larger on
the outside front cover of each directory the following information:
new text end

new text begin (1) a statement that reads: "IF YOU NO LONGER WISH TO RECEIVE THIS
DIRECTORY, PLEASE CALL THE FOLLOWING NUMBER, WRITE TO THE
FOLLOWING ADDRESS, OR E-MAIL THE FOLLOWING E-MAIL ADDRESS:"
new text end

new text begin (2) a toll-free telephone number, mailing address, and an e-mail address and Internet
web site that a resident may use to contact the person delivering the local telephone
directory to provide notice that the resident no longer wishes to receive the local directory
and wishes to be entered into the "Do Not Receive" registry.
new text end

new text begin (b) A person publishing and delivering local telephone directories in this state must
prominently and conspicuously place on the homepage of its Internet web site instructions
detailing how residents can enter their name, or verify that their name has been entered,
into the "Do Not Receive" registry.
new text end

new text begin (c) A person publishing and delivering local telephone directories in this state must
place into the "Do Not Receive" registry the name of a resident who requests to be entered
on it under paragraph (b), and must not remove the name unless the person receives
notice from the resident that the resident's name is to be removed from the "Do Not
Receive" registry.
new text end

new text begin (d) A person publishing and delivering local telephone directories in this state
must not deliver a local telephone directory to a resident whose name is in the "Do Not
Receive" registry.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

new text begin (a) The attorney general or the county attorney located in
the county in which a violation occurs may enforce this section by commencing a civil
action in district court against a violator or to prevent a violation of this section. A civil
penalty of $500 may be assessed for each violation of this section.
new text end

new text begin (b) In any action pursuant to paragraph (a), it is a defense that the defendant
delivered a local telephone directory to a resident in error.
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. 18. new text begin MODEL ORDINANCE; CONSTRUCTION AND DEMOLITION
WASTE.
new text end

new text begin By January 1, 2009, the agency must develop a model ordinance requiring
contractors to process and recycle waste from construction and demolition projects located
in Minnesota. The model ordinance must include provisions specifying that the contractor
and any subcontractor must divert a portion of construction waste and demolition waste
from being deposited in a landfill and recycle those wastes.
new text end

new text begin For the purposes of this subdivision, "construction waste" and "demolition waste"
have the meanings given in section 115A.1512, subdivision 1, paragraphs (b) and (c),
respectively.
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. 19. new text begin TASK FORCE ESTABLISHED; REPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Recycling and Composting 2020 Task Force is
established to make recommendations to the legislature regarding strategies to increase
the proportion of solid waste that is recycled and composted in this state.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The task force is composed of the following members,
appointed by the commissioner of pollution control: representatives of counties inside and
outside the metropolitan area, recycling facilities, composting facilities, waste haulers,
members of environmental organizations and other interested parties.
new text end

new text begin Subd. 3. new text end

new text begin Charge. new text end

new text begin The task force is charged to analyze and recommend options
for achieving the following goals by 2020:
new text end

new text begin (1) an increase in county recycling rates to 60 percent of the weight of total solid
waste generation; and
new text end

new text begin (2) the diversion, prior to delivery to landfills and waste-to energy plants, and the
recycling or reuse of an amount of source-separated compostable materials equal to 15
percent of total solid waste generation.
new text end

new text begin In addition to making recommendations for strategies designed to achieve these
goals, the task force must estimate the economic costs of the strategies analyzed. The
agency shall serve as staff to the task force.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The task force shall submit its recommendations to the chairs and
ranking minority members of the senate and house committees with primary jurisdiction
over solid waste policy by January 1, 2009.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin This section expires July 1, 2009.
new text end

Sec. 20. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the environmental fund to the commissioner of pollution
control for the purpose of development markets for materials separated from construction
and demolition wastes for recycling.
new text end

Sec. 21. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In Minnesota Statutes, section 115A.03, the Revisor is instructed to renumber the
subdivisions in alphabetical order.
new text end

Sec. 22. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 115A.175; 115A.18; 115A.19; 115A.191;
115A.192; 115A.194; 115A.195; 115A.20; 115A.24; 115A.28, subdivision 3; 115A.30;
115A.301; 115A.31; 115A.55, subdivision 4; 115A.5501, subdivision 1; and 115A.551,
subdivision 7, new text end new text begin and new text end new text begin Minnesota Statutes 2007 Supplement, sections 115A.193; and 115A.28,
subdivision 2, new text end new text begin are
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