SF 1755

as introduced - 90th Legislature (2017 - 2018) Posted on 03/07/2017 09:09am

A bill for an act
relating to solid waste; modifying requirements for establishing organized
collection; amending Minnesota Statutes 2016, section 115A.94, subdivisions 3,
4a, 4b, 4d.

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

Section 1.

Minnesota Statutes 2016, section 115A.94, subdivision 3, is amended to read:

Subd. 3.

General provisions.

(a) The local government unit may organize collection deleted text begin as
a municipal service or deleted text end by ordinance, deleted text begin franchise, license, negotiated or bidded contract, or
other means, deleted text end using deleted text begin one or more deleted text end collectors or an organization of collectors new text begin currently collecting
solid waste within its jurisdiction new text end .

(b) The local government unit may not establish or administer organized collection in
a manner that impairs the preservation and development of recycling and markets for
recyclable materials. The local government unit shall exempt recyclable materials from
organized collection upon a showing by the generator or collector that the materials are or
will be separated from mixed municipal solid waste by the generator, separately collected,
and delivered for reuse in their original form or for use in a manufacturing process.

(c) The local government unit shall invite and employ the assistance of interested persons,
including persons licensed to operate solid waste collection services in the local government
unit, in developing plans and proposals for organized collection and in establishing the
organized collection system.

(d) Organized collection accomplished by contract or as a municipal service may include
a requirement that all or any portion of the solid waste, except (1) recyclable materials and
(2) materials that are processed at a resource recovery facility at the capacity in operation
at the time that the requirement is imposed, be delivered to a waste facility identified by the
local government unit. In a district or county where a resource recovery facility has been
designated by ordinance under section 115A.86, organized collection must conform to the
requirements of the designation ordinance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 1, 2017, and
applies to a local government unit that has not executed an agreement or enacted an ordinance
to implement organized collection on or before that date.
new text end

Sec. 2.

Minnesota Statutes 2016, section 115A.94, subdivision 4a, is amended to read:

Subd. 4a.

Committee establishment.

(a) Before implementing an ordinance deleted text begin , franchise,
license, contract, or other means of organizing deleted text end new text begin establishing organized new text end 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.

(b) The organized collection options committee is subject to chapter 13D.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 1, 2017, and
applies to a local government unit that has not executed an agreement or enacted an ordinance
to implement organized collection on or before that date.
new text end

Sec. 3.

Minnesota Statutes 2016, section 115A.94, subdivision 4b, is amended to read:

Subd. 4b.

Committee duties.

The committee established under subdivision 4a shall:

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

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

deleted text begin (ii) a system deleted text end new text begin systems new text end 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;

(2) establish a list of criteria 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;

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

(4) seek input from, at a minimum:

(i) the governing body of the city or town;

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

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

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

(5) issue a report on the committee's research, findings, and any recommendations to
the governing body of the city or town.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 1, 2017, and
applies to a local government unit that has not executed an agreement or enacted an ordinance
to implement organized collection on or before that date.
new text end

Sec. 4.

Minnesota Statutes 2016, section 115A.94, subdivision 4d, is amended to read:

Subd. 4d.

Participating collectors proposal requirement.

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 in the community. The city or town must 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 as determined
by each hauler's average customer count during the six months prior to the commencement
of the 60-day negotiation period. 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 new text begin term of the new text end initial organized collection agreement
executed under this subdivision must be deleted text begin for a period of three to seven deleted text end new text begin no less than ten new text end years.
Upon execution of an agreement between the participating licensed collectors and city or
town, the city or town shall establish organized collection through appropriate local controls
and is not required to fulfill the requirements of subdivisions 4a, 4b, and 4c, except that the
governing body must provide the public notification and hearing required under subdivision
4c.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 1, 2017, and
applies to a local government unit that has not executed an agreement or enacted an ordinance
to implement organized collection on or before that date.
new text end