SF 663

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/15/2014 11:00am

A bill for an act
relating to environment; making changes to resource recovery provisions;
amending Minnesota Statutes 2012, sections 115A.15, subdivisions 2, 9, 10;
115A.151; 116.78, subdivision 4.

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

Section 1.

Minnesota Statutes 2012, section 115A.15, subdivision 2, is amended to read:

Subd. 2.

Duties of commissioner of administration.

The commissioner of
administration shall develop policies to require state agencies and the state legislature to
separate all recyclable and reusable commodities wherever feasible. deleted text begin The commissioner
shall develop and institute procedures for the separation, collection, and storage of used
commodities wherever feasible in state agencies and shall establish policies for the reuse,
sale, or disposition of recovered materials and surplus property. The commissioner shall
promote and publicize the waste reduction and waste separation and recovery procedures
on an ongoing basis to all state employees. deleted text end The commissioner shall issue guidelines
for the procurement of recyclable commodities and commodities containing recycled
materials that include definitions of recycled materials, the percentage of recycled
materials to be contained in each commodity and performance specifications. To the
extent practicable, the guidelines shall be written so as to give preference to recyclable
commodities and commodities containing recycled materials. The commissioner shall
inform state agencies whenever recycled commodities are available for purchase. The
commissioner shall investigate opportunities for the inclusion of and may include local
governments and regional agencies in administrative state programs to reduce waste, and
to separate and recover recyclable and reusable commodities.

Sec. 2.

Minnesota Statutes 2012, section 115A.15, subdivision 9, is amended to read:

Subd. 9.

Recycling goal.

deleted text begin By December 31, 1996, the commissioner deleted text end new text begin Each state
agency new text end shall recycle deleted text begin at least 60 percent by weight of deleted text end the solid waste generated by deleted text begin state
deleted text end new text begin its new text end offices and other deleted text begin state deleted text end operations located in the metropolitan area new text begin at a rate that is the
highest of: (1) 60 percent by weight; (2) the recycling rate required of a metropolitan
county under section 115A.551, subdivision 2a; or (3) the recycling rate in compliance
with the solid waste management policy plan goals under section 473.149. Each state
agency shall recycle at least 60 percent by weight of the solid waste generated by its
offices and other operations located outside of the metropolitan area new text end . By March 1 of each
year, deleted text begin the commissioner deleted text end new text begin each state agency new text end shall report to the Pollution Control Agency
the estimated recycling rates deleted text begin by county for state offices and other state operations in the
metropolitan area for the previous calendar year deleted text end new text begin from the previous calendar year. State
agencies shall report progress in achieving the recycling goal in the format specified by
the Pollution Control Agency new text end . The Pollution Control Agency shall incorporate these
figures into the reports submitted by the counties under section 115A.557, subdivision 3,
to determine each county's progress toward the goal in section 115A.551, subdivision deleted text begin 2 deleted text end new text begin 2a new text end .

Each state agency deleted text begin in the metropolitan area deleted text end shall work to meet the recycling goal
individually. deleted text begin If the goal is not met by an agency, the commissioner shall notify that
agency that the goal has not been met and the reasons the goal has not been met and shall
provide information to the employees in the agency regarding recycling opportunities
and expectations. deleted text end new text begin If the recycling goal is not met by a state agency, that agency shall
provide information to all employees in the agency regarding recycling opportunities and
expectations, and notify the Pollution Control Agency of the action that has been taken to
meet the recycling goal.
new text end

Sec. 3.

Minnesota Statutes 2012, section 115A.15, subdivision 10, is amended to read:

Subd. 10.

Materials recovery facility; materials collection; waste audits.

deleted text begin (a) The
commissioner of the Department of Administration shall establish a central materials
recovery facility to manage recyclable materials collected from state offices and other state
operations in the metropolitan area. The facility must be located as close as practicable to
the State Capitol complex and must be large enough to accommodate temporary storage
of recyclable materials collected from state offices and other state operations in the
metropolitan area and the processing of those materials for market.
deleted text end

deleted text begin (b) deleted text end new text begin (a) new text end The commissioner shall establish a recyclable materials collection and
transportation system for state offices and other state operations in the metropolitan area
that will maximize the types and amount of materials collected and the number of state
offices and other state operations served, and will minimize barriers to effective and
efficient collection, transportation, and marketing of recyclable materials.

deleted text begin (c) The commissioner shall perform regular audits on the solid waste and recyclable
materials collected to identify materials upon which to focus waste reduction, reuse,
and recycling activities and to measure:
deleted text end

deleted text begin (1) progress made toward the recycling goal in subdivision 9;
deleted text end

deleted text begin (2) progress made to reduce waste generation; and
deleted text end

deleted text begin (3) potential for additional waste reduction, reuse, and recycling.
deleted text end

deleted text begin (d) deleted text end new text begin (b) new text end The commissioner may contract with private entities for the activities required
in this subdivision if the commissioner determines that it would be cost-effective to do so.

Sec. 4.

Minnesota Statutes 2012, section 115A.151, is amended to read:

115A.151 deleted text begin RECYCLABLE MATERIAL CONTAINER deleted text end new text begin RECYCLING
new text end REQUIREMENTS; PUBLIC ENTITIES new text begin ; COMMERCIAL BUILDINGS new text end .

(a) A public entity new text begin and an owner of a commercial building new text end shall:

(1) ensure that facilities under its control, from which mixed municipal solid waste
is collected, deleted text begin have containers for deleted text end new text begin also collect new text end at least three recyclable materials, such as, but
not limited to, paper, glass, plastic, and metal; and

(2) transfer all recyclable materials collected to a recycler.

(b) For the purposes of this section:

(1) "public entity" means the state, an office, agency, or institution of the state,
the Metropolitan Council, a metropolitan agency, the Metropolitan Mosquito Control
Commission, the legislature, the courts, a county, a statutory or home rule charter city, a
town, a school district, a special taxing district, or any entity that receives an appropriation
from the state for a capital improvement project after August 1, 2002;

(2) "metropolitan agency" and "Metropolitan Council," have the meanings given
them in section 473.121; deleted text begin and
deleted text end

(3) "Metropolitan Mosquito Control Commission" means the commission created
in section 473.702 new text begin ; and
new text end

new text begin (4) "commercial building" means a building that:
new text end

new text begin (i) is located in a metropolitan county, as defined in section 473.121;
new text end

new text begin (ii) contains a business classified in sectors 42 to 81 under the North American
Industrial Classification System; and
new text end

new text begin (iii) contracts for four cubic yards or more per week of solid waste collection new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016.
new text end

Sec. 5.

Minnesota Statutes 2012, section 116.78, subdivision 4, is amended to read:

Subd. 4.

Sharps.

new text begin (a) A person shall not place sharps with recyclable materials, as
defined in section 115A.03.
new text end

new text begin (b) new text end Sharps, except those generated from a household or from a farm operation or
agricultural business:

(1) must be placed in puncture-resistant containers;

(2) may not be compacted or mixed with other waste material whether or not the
sharps are decontaminated unless it is part of an infectious waste decontamination process
approved by the commissioner of the Pollution Control Agency that will prevent exposure
during transportation and disposal; and

(3) may not be disposed of at refuse-derived fuel facilities or at other facilities
where waste is hand sorted.

new text begin EFFECTIVE DATE. new text end

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