SF 510

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/18/2013 10:29am

A bill for an act
relating to solid waste; amending process for cities to implement organized
collection of solid waste; amending Minnesota Statutes 2012, section 115A.94,
subdivisions 2, 5, by adding subdivisions; repealing Minnesota Statutes 2012,
section 115A.94, subdivision 4.

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

Section 1.

Minnesota Statutes 2012, section 115A.94, subdivision 2, is amended to read:

Subd. 2.

Local authority.

A city or town may organize collection, after public
notification new text begin and hearing new text end as required in deleted text begin subdivision 4 deleted text end new text begin subdivisions 4a to 4d new text end . A county may
organize collection as provided in subdivision 5.

Sec. 2.

Minnesota Statutes 2012, section 115A.94, is amended by adding a subdivision
to read:

new text begin Subd. 4a. new text end

new text begin Committee establishment. new text end

new text begin (a) Before implementing an ordinance,
franchise, license, contract, or other means of organizing collection, a city or town,
by resolution of the governing body, must establish an organized collection options
committee to identify, examine, and evaluate various methods of organized collection.
The governing body shall appoint the committee members.
new text end

new text begin (b) The organized collection options committee is subject to chapter 13D. For the
purposes of this section, "governing body" of a town means the board of supervisors.
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. 3.

Minnesota Statutes 2012, section 115A.94, is amended by adding a subdivision
to read:

new text begin Subd. 4b. new text end

new text begin Committee duties. new text end

new text begin The committee established under subdivision 4a shall:
new text end

new text begin (1) determine which methods of organized collection to examine, which must include:
new text end

new text begin (i) a system in which a single collector collects solid waste from all sections of
a city or town; and
new text end

new text begin (ii) a system in which multiple collectors, either singly or as members of an
organization of collectors, collect solid waste from different sections of a city or town;
new text end

new text begin (2) establish a list of impacts on which the organized collection methods selected
for examination will be evaluated, which may include: costs to residential subscribers,
miles driven by collection vehicles on city streets and alleys, initial and operating costs
to the city of implementing the organized collection system, providing incentives for
waste reduction, impacts on solid waste collectors, and other physical, economic, fiscal,
social, environmental, and aesthetic impacts;
new text end

new text begin (3) collect information regarding the operation and efficacy of existing methods of
organized collection in other cities and towns;
new text end

new text begin (4) seek input from, at a minimum:
new text end

new text begin (i) the governing body of the city or town;
new text end

new text begin (ii) the local official of the city or town responsible for solid waste issues;
new text end

new text begin (iii) persons currently licensed to operate solid waste collection and recycling
services in the city or town; and
new text end

new text begin (iv) residents of the city or town who currently pay for residential solid waste
collection services; and
new text end

new text begin (5) issue a report on the committee's research, findings, and any recommendations to
the governing body of the city or town.
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 2012, section 115A.94, is amended by adding a subdivision
to read:

new text begin Subd. 4c. new text end

new text begin Governing body; implementation. new text end

new text begin The governing body of the city or
town shall consider the report and recommendations of the organized collection options
committee. The governing body must hold at least one public hearing before deciding
to implement organized collection. Organized collection may begin no sooner than six
months after the effective date of the decision of the governing body of the city or town to
implement organized collection.
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. 5.

Minnesota Statutes 2012, section 115A.94, is amended by adding a subdivision
to read:

new text begin Subd. 4d. new text end

new text begin Participating collectors proposal requirement. new text end

new text begin Prior to establishing a
committee under subdivision 4a to consider organizing residential solid waste collection, a
city or town with more than one licensed collector must notify the public and all licensed
collectors serving the community and provide a 60-day period in which meetings and
negotiations shall occur exclusively between licensed collectors and the city or town to
develop a proposal in which interested licensed collectors, as members of an organization
of collectors, collect solid waste from designated sections of the city or town. The proposal
shall include identified city or town priorities, including issues related to zone creation,
traffic, safety, environmental performance, service provided, and price, and shall reflect
existing haulers maintaining their respective market share of business. If an existing hauler
opts to be excluded from the proposal, the city may allocate their customers proportionally
based on market share to the participating collectors who choose to negotiate. The initial
agreement executed under this subdivision must be for a period of at least three years.
If agreement is reached between the participating licensed collectors and city or town,
the city or town may adopt an ordinance establishing organized collection consistent with
the proposal developed and are not required to fulfill the requirements of subdivisions 4a,
4b, and 4c, except that the governing body must hold the public hearing required under
subdivision 4c, prior to adoption of an ordinance implementing organized collection.
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.

Minnesota Statutes 2012, section 115A.94, subdivision 5, is amended to read:

Subd. 5.

County organized collection.

(a) A county may by ordinance require
cities and towns within the county to organize collection. Organized collection ordinances
of counties may:

(1) require cities and towns to require the separation and separate collection of
recyclable materials;

(2) specify the material to be separated; and

(3) require cities and towns to meet any performance standards for source separation
that are contained in the county solid waste plan.

(b) A county may itself organize collection under deleted text begin subdivision 4 deleted text end new text begin subdivisions 4a to
4d new text end in any city or town that does not comply with a county organized collection ordinance
adopted under this subdivision, and the county may implement, as part of its organized
collection, the source separation program and performance standards required by its
organized collection ordinance.

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 REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 115A.94, subdivision 4, new text end new text begin is repealed.
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