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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1986 

                        CHAPTER 425-H.F.No. 1968 
           An act relating to environment; prohibiting certain 
          disposal of hazardous waste; providing for the 
          selection of locations for and developers of hazardous 
          waste stabilization and containment facilities; 
          authorizing establishment of county solid waste 
          management service areas; providing for financing of 
          certain improvements; authorizing the city of Babbitt 
          to exercise certain powers for solid waste management 
          purposes; authorizing St. Louis county to enter into 
          joint powers agreements with the city of Babbitt; 
          amending Minnesota Statutes 1984, sections 115.01, by 
          adding subdivisions; 115A.03, subdivision 1, and by 
          adding subdivisions; 115A.05, subdivision 2; 115A.06, 
          by adding a subdivision; 115A.13; 115A.14, subdivision 
          6; 115A.15, subdivision 6; 400.08; 400.11; 473.153, 
          subdivision 3, and by adding a subdivision; 473.516, 
          by adding a subdivision; 473.806, subdivision 2; 
          473.811, subdivision 2, and by adding a subdivision; 
          Minnesota Statutes 1985 Supplement, sections 116.07, 
          subdivision 4h; 275.50, subdivision 5; 473.153, 
          subdivisions 1, 5, and 6b; and 477A.012; proposing 
          coding for new law in Minnesota Statutes, chapters 
          115, 115A, 116C and 400; repealing Minnesota Statutes 
          1984, sections 115A.17; 400.05; and 400.10; Minnesota 
          Statutes 1985 Supplement, section 473.811, subdivision 
          11.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 115.01, is 
amended by adding a subdivision to read: 
    Subd. 18.  [HAZARDOUS WASTE.] "Hazardous waste" means waste 
as defined in section 116.06, subdivision 13. 
    Sec. 2.  Minnesota Statutes 1984, section 115.01, is 
amended by adding a subdivision to read: 
    Subd. 19.  [RADIOACTIVE WASTE.] "Radioactive waste" means 
high-level radioactive waste as defined in section 116C.71, 
subdivision 17, and low-level radioactive waste as defined in 
article II of the Midwest Interstate Low-Level Radioactive Waste 
Compact, as enacted by section 116C.831. 
    Sec. 3.  Minnesota Statutes 1984, section 115.01, is 
amended by adding a subdivision to read: 
    Subd. 20.  [POTABLE WATER.] "Potable water" means water 
which is or may be used as a source of supply for human 
consumption including drinking, culinary use, food processing, 
and other similar purposes, and which is suitable for such uses 
in its untreated state or when treated using generally 
recognized treatment methods. 
    Sec. 4.  Minnesota Statutes 1984, section 115.01, is 
amended by adding a subdivision to read: 
    Subd. 21.  [GROUNDWATER.] "Groundwater" means water 
contained below the surface of the earth in the saturated zone 
including, without limitation, all waters whether under 
confined, unconfined, or perched conditions, in near-surface 
unconsolidated sediment or regolith, or in rock formations 
deeper underground. 
    Sec. 5.  Minnesota Statutes 1984, section 115.01, is 
amended by adding a subdivision to read: 
    Subd. 22.  [DEPOSITORY.] "Depository" means:  (a) a 
disposal facility or stabilization and containment facility for 
hazardous waste as defined in section 115A.03; and (b) a 
radioactive waste management facility as defined in section 
116C.71, subdivision 7. 
    Sec. 6.  [115.063] [HAZARDOUS AND RADIOACTIVE WASTE; STATE 
POTABLE WATER PROTECTION POLICY.] 
    The legislature finds that: 
    (1) the waters of the state, because of their abundant 
quantity and high natural quality, constitute a unique natural 
resource of immeasurable value which must be protected and 
conserved for the benefit of the health, safety, welfare, and 
economic well-being of present and future generations of the 
people of the state; 
    (2) the actual or potential use of the waters of the state 
for potable water supply is the highest priority use of that 
water and deserves maximum protection by the state; and 
    (3) the disposal of hazardous waste and radioactive waste 
in Minnesota may pose a serious risk of pollution of the waters 
of the state, particularly potable water. 
    It is therefore the policy of the state of Minnesota, 
consistent with the state's primary responsibility and rights to 
prevent, reduce, and eliminate water pollution and to plan for 
the preservation of water resources, that depositories for 
hazardous waste or radioactive waste should not be located in 
any place or be constructed or operated in any manner that can 
reasonably be expected to cause pollution of potable water. 
    Sec. 7.  [115.065] [PROHIBITION OF DISPOSAL.] 
    The location, construction, or operation of any depository 
for hazardous waste or radioactive waste, whether generated 
within or outside of the state, in any place or in any manner 
that can reasonably be expected to cause the pollution of 
potable water is prohibited. 
    Sec. 8.  [115.067] [BELOW GRADE DISPOSAL SYSTEMS;  
PROHIBITION; EXCEPTION.] 
    The construction or operation of a depository for hazardous 
waste or radioactive waste in whole or in part below the natural 
grade of the land where it is located is prohibited unless the 
person proposing to construct or operate the depository 
demonstrates that the depository cannot reasonably be expected 
to cause the pollution of potable water.  
    Sec. 9.  [115.069] [RADIONUCLIDE POLLUTION; HIGH-LEVEL 
NUCLEAR WASTE DEPOSITORY.] 
    The determination of whether the location, construction, or 
operation of a depository for spent nuclear fuel or high-level 
radioactive waste can reasonably be expected to cause 
radionuclide pollution of potable groundwater in violation of 
section 7 shall be made in accordance with the provisions of 
section 11. 
    Sec. 10.  [116C.75] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to sections 10 and 11.  
    Subd. 2.  [GROUNDWATER.] "Groundwater" means the water 
contained below the surface of the earth in the saturated zone 
including, without limitation, all waters whether under 
confined, unconfined, or perched conditions, in near surface 
unconsolidated sediment or regolith, or in rock formations 
deeper underground.  
    Subd. 3.  [UNDISTURBED PERFORMANCE.] "Undisturbed 
performance" means the predicted behavior of a radioactive waste 
management facility, including consideration of the 
uncertainties in predicted behavior, if the radioactive waste 
management facility is not disrupted by human intrusion or 
unlikely natural events. 
    Sec. 11.  [116C.76] [NUCLEAR WASTE DEPOSITORY RELEASE INTO 
GROUNDWATER.] 
    Subdivision 1.  [RADIONUCLIDE RELEASE LEVELS.] Radioactive 
waste management facilities for spent nuclear fuel or high-level 
radioactive wastes must be designed to provide a reasonable 
expectation that the undisturbed performance of the radioactive 
waste management facility will not cause the radionuclide 
concentrations, averaged over any year, in groundwater to exceed:
    (1) five picocuries per liter of radium-226 and radium-228; 
    (2) 15 picocuries per liter of alpha-emitting radionuclides 
including radium-226 and radium-228, but excluding radon; or 
    (3) the combined concentrations of radionuclides that emit 
either beta or gamma radiation that would produce an annual dose 
equivalent to the total body of any internal organ greater than 
four millirems per year if an individual consumed two liters per 
day of drinking water from the groundwater.  
    Subd. 2.  [DISPOSAL RESTRICTED.] The location or 
construction of a radioactive waste management facility for high 
level radioactive waste is prohibited where the average annual 
radionuclide concentrations in groundwater before construction 
of the facility exceed the limits in subdivision 1.  
    Subd. 3.  [PROTECTION AGAINST RADIONUCLIDE 
RELEASE.] Radioactive waste management facilities must be 
selected, located, and designed to keep any allowable 
radionuclide releases to the groundwater as low as reasonably 
achievable. 
    Sec. 12.  Minnesota Statutes 1984, section 115A.03, 
subdivision 1, is amended to read: 
    Subdivision 1.  For the purposes of sections 115A.01 to 
115A.72 chapter 115A, the terms defined in this section have the 
meanings given them, unless the context requires otherwise. 
    Sec. 13.  Minnesota Statutes 1984, section 115A.03, is 
amended by adding a subdivision to read: 
    Subd. 7a.  [CONTAINMENT.] "Containment" means isolating, 
controlling, and monitoring waste in a waste facility in order 
to prevent a release of waste from the facility that would have 
an adverse impact upon human health and the environment. 
    Sec. 14.  Minnesota Statutes 1984, section 115A.03, is 
amended by adding a subdivision to read: 
    Subd. 13a.  [INDUSTRIAL WASTE.] "Industrial waste" means 
solid waste resulting from an industrial, manufacturing, 
service, or commercial activity that is managed as a separate 
waste stream. 
    Sec. 15.  Minnesota Statutes 1984, section 115A.03, is 
amended by adding a subdivision to read: 
    Subd. 32a.  [STABILIZATION.] "Stabilization" means a 
chemical or thermal process in which materials or energy are 
added to waste in order to reduce the possibility of migration 
of any hazardous constituents of the resulting stabilized waste 
in preparation for placement of the waste in a stabilization and 
containment facility. 
    Sec. 16.  Minnesota Statutes 1984, section 115A.03, is 
amended by adding a subdivision to read: 
    Subd. 32b.  [STABILIZATION AND CONTAINMENT 
FACILITY.] "Stabilization and containment facility" means a 
waste facility that is designed for stabilization and 
containment of waste, together with other appurtenant facilities 
needed to process waste for stabilization, containment, or 
transfer to another facility. 
    Sec. 17.  Minnesota Statutes 1984, section 115A.03, is 
amended by adding a subdivision to read: 
    Subd. 37.  [WASTE RENDERED NONHAZARDOUS.] "Waste rendered 
nonhazardous" means (1) waste excluded from regulation as a 
hazardous waste under the delisting requirements of United 
States Code, title 42, section 6921 and any federal and state 
delisting rules, and (2) other nonhazardous residual waste from 
the processing of hazardous waste. 
    Sec. 18.  Minnesota Statutes 1984, section 115A.05, 
subdivision 2, is amended to read: 
    Subd. 2.  [PERMANENT MEMBERS.] Eight of the permanent 
members of the board shall be appointed by the governor, with 
the advice and consent of the senate, to represent diverse areas 
and interests within the state.  One member shall be appointed 
from each congressional district in accordance with boundaries 
existing on January 1, 1980.  The term of office and 
compensation of the eight members thus appointed, and the manner 
of removal and filling of vacancies, shall be as provided in 
section 15.0575, except that the initial term of all members 
shall extend until 90 days after the board makes the decisions 
required by section 115A.28 and the terms of members serving on 
the effective date of this section expire on that date.  The 
rate of compensation shall be $50 per day spent on board 
activities.  The ninth permanent member of the board shall be 
the chairperson who shall be appointed by the governor with the 
advice and consent of the senate.  Senate confirmation of the 
permanent members of the board shall be as provided by section 
15.066.  The chairperson shall serve at the pleasure of the 
governor for a term coterminous with that of the governor, 
except that the initial term of the chairperson shall extend 
until 90 days after the board makes the decisions required by 
section 115A.28.  The chairperson shall be the executive and 
operating officer of the board and shall determine the time and 
place of meetings, preside at meetings, appoint all board 
officers and hire and supervise all employees subject to the 
approval of the board, carry out the policy decisions of the 
board, and perform all other duties and functions assigned to 
him by the board or by law.  No permanent member of the board 
shall hold other elected or appointed public office.  
    Sec. 19.  Minnesota Statutes 1984, section 115A.06, is 
amended by adding a subdivision to read: 
    Subd. 14.  [NONHAZARDOUS AND INDUSTRIAL WASTE; EVALUATION 
OF WASTE MANAGEMENT.] The board may evaluate and make 
recommendations for the management of waste rendered 
nonhazardous and industrial waste that should be managed 
separately from mixed municipal solid waste, and may provide 
technical and planning assistance to political subdivisions, 
waste generators, and others for the purpose of identifying, 
developing, and implementing alternative management methods for 
those wastes. 
    Sec. 20.  Minnesota Statutes 1984, section 115A.13, is 
amended to read: 
    115A.13 [BOARD; EXPIRATION.] 
    The board shall cease ceases to exist on June 30, 1987 
1992.  
    Sec. 21.  Minnesota Statutes 1984, section 115A.14, 
subdivision 6, is amended to read: 
    Subd. 6.  [EXPIRATION.] The provisions of this section 
shall expire on June 30, 1987 1992.  
    Sec. 22.  Minnesota Statutes 1984, section 115A.15, 
subdivision 6, is amended to read: 
    Subd. 6.  [RESOURCE RECOVERY REVOLVING ACCOUNT.] Upon the 
certification of the commissioner of administration, the 
commissioner of finance shall establish an account in the 
general services revolving fund, effective June 30, 1980, for 
the operation of the state government resource recovery 
program.  The revolving account shall consist of all funds 
appropriated by the state for the program, all revenues 
resulting from the sale of recyclable and reusable commodities 
made available for sale as a result of the resource recovery 
program and all reimbursements to the commissioner of his 
expenses incurred in developing and administering resource 
recovery systems for state agencies, local governments, and 
regional agencies.  The account may be used for all activities 
associated with the program including payment of administrative 
and operating costs, except statewide and agency indirect costs. 
    Sec. 23.  [115A.175] [SITING AND FACILITY DEVELOPMENT 
AUTHORITY; LIMITATIONS.] 
    Subdivision 1.  [SITING ACTIVITY.] The board shall 
terminate all activity under sections 115A.18 to 115A.30 
relating to the selection and evaluation of sites for hazardous 
waste facilities, except as provided in this section. 
    Subd. 2.  [DISMISSAL OF CANDIDATE SITES.] All candidate 
sites remaining under section 115A.21, subdivision 1, are 
dismissed from further consideration as candidate sites for 
hazardous waste facilities. 
    Subd. 3.  [ALTERNATIVE SITING PROCEDURE.] The board shall 
proceed with site evaluation and selection in accordance with 
sections 24 to 27.  In evaluating and selecting sites under 
sections 24 to 27, the board shall act in accordance with 
sections 115A.18 to 115A.20, except as otherwise provided in 
sections 24 to 27. 
    Subd. 4.  [STABILIZATION AND CONTAINMENT FACILITY; 
RESTRICTIONS; CONTAINMENT STANDARDS TO PROTECT HUMAN HEALTH AND 
ENVIRONMENT.] No facility may be sited under sections 115A.18 to 
115A.30 except a stabilization and containment facility.  The 
facility must be above grade unless the board determines, after 
environmental review under section 27, subdivision 2, that an 
alternative design would provide greater protection for human 
health and the environment.  No waste may be accepted for 
containment at the facility except the following: 
    (a) waste rendered nonhazardous; 
    (b) industrial waste; and 
    (c) waste that is not eligible for acceptance under clause 
(a) or (b), if the agency determines that all of the following 
requirements are met: 
    (1) there is no feasible and prudent alternative to 
containment of the waste that would minimize adverse impact upon 
human health and the environment; 
    (2) the waste has been treated using feasible and prudent 
technology that minimizes the possibility of migration of any 
hazardous constituents of the waste; and 
    (3) the waste meets the standards adopted to protect human 
health and the environment under the authority of 42 U.S.C. 
section 6924(m), and any additional protective standards adopted 
by the agency under section 116.07, subdivision 4. 
    If no federal or state standards have been adopted for a 
waste as provided in clause (3), the waste may not be accepted 
for containment. 
    A person proposing a waste for containment at the facility 
has the burden of demonstrating that the waste may be accepted 
under the requirements of this subdivision.  The demonstration 
under clause (c) must document in a form satisfactory to the 
agency the manner in which the person has attempted to meet the 
standard for acceptance of the waste under clause (a) and the 
characteristics of the waste that prevent compliance with that 
standard. 
    Subd. 5.  [AGENCY ADOPTION OF RULES.] The agency shall 
adopt rules under chapter 14 establishing procedures by which a 
person must demonstrate that a hazardous waste can be accepted 
by the facility as provided in subdivision 4.  The agency shall 
adopt all rules necessary to implement the provisions of 
subdivision 4 and this subdivision before granting any permit 
for operation of the facility. 
    Sec. 24.  [115A.191] [VOLUNTARY CONTRACTS WITH COUNTIES.] 
    Subdivision 1.  [BOARD TO SEEK CONTRACTS.] The waste 
management board and any eligible county board may enter a 
contract as provided in this section expressing their voluntary 
and mutually satisfactory agreement concerning the location and 
development of a stabilization and containment facility.  The 
chair shall negotiate contracts with eligible counties and shall 
present drafts of the negotiated contracts to the board for its 
approval.  The chair shall actively solicit, encourage, and 
assist counties, together with developers, landowners, the local 
business community, and other interested parties, in developing 
resolutions of interest.  The county shall provide affected 
political subdivisions and other interested persons with an 
opportunity to suggest contract terms. 
    Subd. 2.  [RESOLUTION OF INTEREST IN NEGOTIATING; 
ELIGIBILITY.] A county is eligible to negotiate a contract under 
this section if the county board files with the waste management 
board and the board accepts a resolution adopted by the county 
board that expresses the county board's interest in negotiations 
and its willingness to accept the preliminary evaluation of one 
or more study areas in the county for consideration as a 
location of a stabilization and containment facility.  The 
county board resolution expressing interest in negotiations must 
provide for county cooperation with the board, as necessary to 
facilitate the evaluation of study areas in the county, and for 
the appointment of a member of the county board or an officer or 
employee of the county as official liaison with the board with 
respect to the matters provided in the resolution and future 
negotiations with the board.  A county board by resolution may 
withdraw a resolution of interest, and the waste management 
board may withdraw its acceptance of such a resolution, at any 
time before the parties execute a contract under this section.  
A county that is eligible to negotiate a contract shall receive 
the benefits as provided in section 42. 
    Subd. 3.  [EVALUATION OF STUDY AREAS.] The chair, in 
cooperation with the county board, may engage in activities 
necessary for the evaluation of study areas in any county that 
is eligible to negotiate a contract under this section.  The 
determination of whether any study area may be considered or 
excluded from consideration under sections 115A.18 to 115A.20 
and sections 24 to 27 is exclusively the authority of the 
board.  Before entering a contract under this section, the board 
shall determine whether the study area identified in the 
contract is appropriate for preparation of an environmental 
impact statement. 
    Subd. 4.  [REQUIREMENTS OF CONTRACT.] A contract between 
the board and a county must include provisions by which: 
    (a) the state, acting through the board, agrees to 
implement the terms of the contract and provide the benefits and 
implement the procedures and practices agreed upon pursuant to 
subdivision 5; 
    (b) the state, acting through the board, agrees to provide 
benefits to the county under section 42; and 
    (c) the county agrees that the study area or areas in the 
county that have been determined by the board to be appropriate 
for preparation of an environmental impact statement are subject 
to evaluation and selection by the board as provided in section 
27. 
    After executing the contract, the study areas identified in 
the contract remain subject to the provisions of section 27 
until the study areas are dismissed from further consideration 
by the board. 
    Subd. 5.  [NEGOTIATED TERMS.] A contract executed under 
subdivision 4 may contain any terms agreed upon by the state and 
the county, including: 
    (a) procedures relating to the evaluation and selection of 
a site and the construction, operation, and maintenance of a 
proposed facility, including procedures for cooperation, 
consultation, and coordination between the board and the county 
or political subdivisions in the county on those matters; 
    (b) practices and procedures necessary to assure and 
demonstrate safe operation of a proposed facility; 
    (c) services, compensation, or benefits to be provided by 
the state to the county or political subdivisions in the county, 
including (i) payments in lieu of taxes on a publicly owned site;
(ii) compensation for property owners adjoining or in close 
proximity to the facility through property tax relief or 
assurance of property value; (iii) compensation for local public 
expenditures necessitated by the facility; (iv) compensation for 
demonstrable private and community impacts from the facility; 
(v) monetary compensation to the county and other parties 
affected by the facility, in addition to compensation for 
necessary expenditures and demonstrable impacts; (vi) provision 
of services or benefits to promote the health, safety, comfort, 
and economic development and well-being of the county and its 
citizens; 
    (d) provision for amendment of the contract; and 
    (e) provisions for resolutions of disputes under the 
contract. 
    Terms of the contract requiring enactment of additional 
state law, including an appropriation law, are contingent on 
that enactment.  The contract may provide for implementation of 
its terms during evaluation of a study area in the county under 
section 27 and in the event that a study area in the county is 
selected as the site for a facility under that section. 
    Sec. 25.  [115A.192] [SELECTION OF DEVELOPER OF 
STABILIZATION AND CONTAINMENT FACILITY; REQUEST FOR PROPOSALS.] 
    Subdivision 1.  [REQUEST FOR PROPOSALS.] The chair shall 
issue requests for proposals for the development and operation 
of a stabilization and containment facility.  The request must 
be designed to obtain detailed information about the 
qualifications of a respondent to develop and operate the 
facility; the capital and operating costs of the facility and 
the sources and methods by which the respondent plans to finance 
the facility; the technical specifications of the proposed 
facility and the technologies to be employed for processing, 
stabilization, containment, and monitoring; the requirements of 
the site for the proposed facility; the schedule for developing 
and commencing operation of the facility; and other matters 
which the chair deems necessary for the board to evaluate and 
select a developer and operator for the facility.  Before 
issuing the requests, the chair shall prepare a draft of clauses 
(a) to (e) of the report required by section 26.  The draft must 
accompany the requests for proposals. 
    Subd. 2.  [SELECTION OF DEVELOPER; PROCEDURE.] After 
evaluating responses to the request for proposals and before 
selecting a site as provided in section 27, the board shall 
decide whether to select a developer for a stabilization and 
containment facility.  If the board selects a developer it shall 
proceed as provided in section 27 to select a site for the 
development of a facility.  If the board decides not to select a 
developer, the board shall proceed as provided in section 27 to 
select and acquire a site for potential future development of a 
facility. 
    Sec. 26.  [115A.193] [REPORT ON FACILITY DEVELOPMENT.] 
    The chair shall prepare a report concerning the development 
of a stabilization and containment facility.  The report must 
include: 
    (a) a conceptual plan that describes and evaluates the 
proposed design and operation of the facility, including an 
evaluation of technical feasibility, a description and 
evaluation of the types and quantities of hazardous waste and 
nonhazardous residual waste from hazardous waste processing that 
the facility would be designed to accept, and a description and 
evaluation of technologies needed or desired at the facility for 
processing, stabilization, and containment, including above 
grade containment; 
    (b) procedures and standards for the operation of the 
facility that require the use of reduction, recycling, and 
recovery of any hazardous waste before the waste is accepted for 
stabilization when the alternative or additional management 
method is feasible and prudent and would materially reduce 
adverse impact on human health and the environment; 
    (c) evaluation of the design and use of the facility for 
processing, stabilization, or containment of industrial waste, 
including technical and regulatory issues and alternative 
management methods; 
    (d) evaluation of feasible and prudent technologies that 
may substantially reduce the possibility of migration of any 
hazardous constituents of wastes that the facility would be 
designed to accept; 
    (e) a general analysis of the necessary and desirable 
physical, locational, and other characteristics of a site for 
the facility; 
    (f) an evaluation of the prospects of and conditions 
required for the regulatory delisting of residual waste from 
hazardous waste processing; 
    (g) an evaluation of the feasibility of an interstate, 
regional approach to the management of hazardous waste; and 
    (h) an economic feasibility analysis of the development and 
operation of the facility, including the anticipated use of the 
facility by Minnesota generators from within and outside the 
state, and sources of private and public financing that may be 
available or necessary for development or operation. 
    The chair shall submit a draft of the report to the board 
and the legislative commission on waste management by July 1, 
1988, and before executing contracts under section 24. 
    Sec. 27.  [115A.194] [EVALUATION AND SELECTION OF SITES; 
PERMITS.] 
    Subdivision 1.  [BOARD; DETERMINATION OF SITING PROCEDURE.] 
The board shall proceed to take the actions provided in 
subdivisions 2 and 4 pursuant to any contracts executed under 
section 24. 
    Subd. 2.  [BOARD; REQUIREMENTS BEFORE DECISIONS.] Before 
the board makes decisions under subdivision 4: 
    (a) the board shall complete environmental impact 
statements on the environmental effects of the decisions, in the 
manner provided in chapter 116D and the rules issued under that 
chapter; and 
    (b) the chair shall present to the board the report on 
facility development prepared as provided in section 26. 
    Subd. 3.  [AGENCIES; REPORT ON PERMIT CONDITIONS AND 
APPLICATION REQUIREMENTS.] Within 30 days following the 
determination of the adequacy of the environmental impact 
statements and the presentation of the report on facility 
development, after consulting with the board, facility 
developers, and affected local government units, the chief 
executive officer of each permitting state agency shall issue to 
the board reports on permit conditions and permit application 
requirements at each location.  The reports must indicate, to 
the extent possible based on existing information, the probable 
terms, conditions, and requirements of permits, and the probable 
supplementary documentation that will be required for the 
environmental impact statement and permit applications under 
subdivision 5.  If the board has selected a developer, the 
report of the agency must include a description of the rules 
necessary to implement the provisions of section 23, subdivision 
4. 
    Subd. 4.  [BOARD DECISIONS.] Within 90 days after the board 
has determined the adequacy of the environmental impact 
statement, the board shall:  (1) specify the type, capacity, and 
function of the stabilization and containment facility, 
including operating and design standards for the facility; and 
(2) select one of the study areas evaluated under this section 
as the site for the facility, unless the board determines, based 
upon potential significant adverse effects on the environment, 
that none of the study areas should be selected as the site 
consistent with the reasonable requirements of the public 
health, safety, and welfare and the state's paramount concern 
for the protection of its air, water, land, and other natural 
resources from pollution, impairment, or destruction.  The 
provisions of sections 115A.28, subdivisions 2 and 3 and 115A.30 
apply to any board decision to select a study area as a site 
under this subdivision. 
    If the board selects a study area as a site under this 
subdivision, the board shall dismiss all other study areas from 
further consideration.  If the board does not select a study 
area as a site under this subdivision, the board shall dismiss 
all study areas from further consideration. 
    Subd. 5.  [AGENCY; PERMITS; ENVIRONMENTAL REVIEW.] Before 
the agency issues permits for the facility, the agency shall 
complete an environmental impact statement specifically on the 
environmental effects of permitting decisions required to be 
made by permitting agencies.  The statement must be completed in 
the manner provided in chapter 116D and the rules issued under 
that chapter. 
    Sec. 28.  Minnesota Statutes 1985 Supplement, section 
116.07, subdivision 4h, is amended to read: 
    Subd. 4h.  [FINANCIAL RESPONSIBILITY RULES.] The agency 
shall adopt rules requiring the operator or owner of a solid 
waste disposal facility to submit to the agency proof of the 
operator's or owner's financial capability to provide reasonable 
and necessary response during the operating life of the facility 
and for 20 years after closure, and to provide for the closure 
of the facility and postclosure care required under agency 
rules.  Proof of financial responsibility is required of the 
operator or owner of a facility receiving an original permit or 
a permit for expansion after adoption of the rules.  Within 180 
days of the effective date of the rules or by January July 1, 
1987, whichever is later, proof of financial responsibility is 
required of an operator or owner of a facility with a remaining 
capacity of more than five years or 500,000 cubic yards that is 
in operation at the time the rules are adopted.  Compliance with 
the rules is a condition of obtaining or retaining a permit to 
operate the facility. 
    Sec. 29.  Minnesota Statutes 1985 Supplement, section 
275.50, subdivision 5, is amended to read: 
    Subd. 5.  Notwithstanding any other law to the contrary for 
taxes levied in 1983 payable in 1984 and subsequent years, 
"special levies" means those portions of ad valorem taxes levied 
by governmental subdivisions to: 
    (a) satisfy judgments rendered against the governmental 
subdivision by a court of competent jurisdiction in any tort 
action, or to pay the costs of settlements out of court against 
the governmental subdivision in a tort action when substantiated 
by a stipulation for the dismissal of the action filed with the 
court of competent jurisdiction and signed by both the plaintiff 
and the legal representative of the governmental subdivision, 
but only to the extent of the increase in levy for such 
judgments and out of court settlements over levy year 1970, 
taxes payable in 1971; 
    (b) pay the costs of complying with any written lawful 
order initially issued prior to January 1, 1977 by the state of 
Minnesota, or the United States, or any agency or subdivision 
thereof, which is authorized by law, statute, special act or 
ordinance and is enforceable in a court of competent 
jurisdiction, or any stipulation agreement or permit for 
treatment works or disposal system for pollution abatement in 
lieu of a lawful order signed by the governmental subdivision 
and the state of Minnesota, or the United States, or any agency 
or subdivision thereof which is enforceable in a court of 
competent jurisdiction.  The commissioner of revenue shall in 
consultation with other state departments and agencies, develop 
a suggested form for use by the state of Minnesota, its agencies 
and subdivisions in issuing orders pursuant to this subdivision; 
       (c) pay the costs to a governmental subdivision for their 
minimum required share of any program otherwise authorized by 
law for which matching funds have been appropriated by the state 
of Minnesota or the United States, excluding the administrative 
costs of public assistance programs, to the extent of the 
increase in levy over the amount levied for the local share of 
the program for the taxes payable year 1971.  This clause shall 
apply only to those programs or projects for which matching 
funds have been designated by the state of Minnesota or the 
United States on or before September 1, of the previous year and 
only when the receipt of these matching funds is contingent upon 
the initiation or implementation of the project or program 
during the year in which the taxes are payable or those programs 
or projects approved by the commissioner; 
       (d) pay the costs not reimbursed by the state or federal 
government, of payments made to or on behalf of recipients of 
aid under any public assistance program authorized by law, and 
the costs of purchase or delivery of social services.  Except 
for the costs of general assistance as defined in section 
256D.02, subdivision 4, general assistance medical care under 
section 256D.03 and the costs of hospital care pursuant to 
section 261.21, the aggregate amounts levied pursuant to this 
clause are subject to a maximum increase of 18 percent over the 
amount levied for these purposes in the previous year; 
     (e) pay the costs of principal and interest on bonded 
indebtedness or to reimburse for the amount of liquor store 
revenues used to pay the principal and interest due in the year 
preceding the year for which the levy limit is calculated on 
municipal liquor store bonds; 
     (f) pay the costs of principal and interest on certificates 
of indebtedness, except tax anticipation or aid anticipation 
certificates of indebtedness, issued for any corporate purpose 
except current expenses or funding an insufficiency in receipts 
from taxes or other sources or funding extraordinary 
expenditures resulting from a public emergency; and to pay the 
cost for certificates of indebtedness issued pursuant to 
sections 298.28 and 298.282;  
     (g) fund the payments made to the Minnesota state armory 
building commission pursuant to section 193.145, subdivision 2, 
to retire the principal and interest on armory construction 
bonds; 
     (h) provide for the bonded indebtedness portion of payments 
made to another political subdivision of the state of Minnesota; 
     (i) pay the amounts required to compensate for a decrease 
in manufactured homes property tax receipts to the extent that 
the governmental subdivision's portion of the total levy in the 
current levy year, pursuant to section 274.19, subdivision 8, as 
amended, is less than the distribution of the manufactured homes 
tax to the governmental subdivision pursuant to Minnesota 
Statutes 1969, section 273.13, subdivision 3, in calendar year 
1971; 
     (j) pay the amounts required, in accordance with section 
275.075, to correct for a county auditor's error of omission but 
only to the extent that when added to the preceding year's levy 
it is not in excess of an applicable statutory, special law or 
charter limitation, or the limitation imposed on the 
governmental subdivision by sections 275.50 to 275.56 in the 
preceding levy year; 
     (k) pay amounts required to correct for an error of 
omission in the levy certified to the appropriate county auditor 
or auditors by the governing body of a city or town with 
statutory city powers in a levy year, but only to the extent 
that when added to the preceding year's levy it is not in excess 
of an applicable statutory, special law or charter limitation, 
or the limitation imposed on the governmental subdivision by 
sections 275.50 to 275.56 in the preceding levy year; 
     (l) pay the increased cost of municipal services as the 
result of an annexation or consolidation ordered by the 
Minnesota municipal board but only to the extent and for the 
levy years as provided by the board in its order pursuant to 
section 414.01, subdivision 15.  Special levies authorized by 
the board shall not exceed 50 percent of the levy limit base of 
the governmental subdivision and may not be in effect for more 
than three years after the board's order; 
     (m) pay the increased costs of municipal services provided 
to new private industrial and nonresidential commercial 
development, to the extent that the extension of such services 
are not paid for through bonded indebtedness or special 
assessments, and not to exceed the amount determined as 
follows.  The governmental subdivision may calculate the 
aggregate of: 
     (1) the increased expenditures necessary in preparation for 
the delivering of municipal services to new private industrial 
and nonresidential commercial development, but limited to one 
year's expenditures one time for each such development; 
     (2) the amount determined by dividing the overall levy 
limitation established pursuant to sections 275.50 to 275.56, 
and exclusive of special levies and special assessments, by the 
total taxable value of the governmental subdivision, and then 
multiplying this quotient times the total increase in assessed 
value of private industrial and nonresidential commercial 
development within the governmental subdivision.  For the 
purpose of this clause, the increase in the assessed value of 
private industrial and nonresidential commercial development is 
calculated as the increase in assessed value over the assessed 
value of the real estate parcels subject to such private 
development as most recently determined before the building 
permit was issued.  In the fourth levy year subsequent to the 
levy year in which the building permit was issued, the increase 
in assessed value of the real estate parcels subject to such 
private development shall no longer be included in determining 
the special levy. 
     The aggregate of the foregoing amounts, less any costs of 
extending municipal services to new private industrial and 
nonresidential commercial development which are paid by bonded 
indebtedness or special assessments, equals the maximum amount 
that may be levied as a "special levy" for the increased costs 
of municipal services provided to new private industrial and 
nonresidential commercial development.  In the levy year 
following the levy year in which the special levy made pursuant 
to this clause is discontinued, one-half of the amount of that 
special levy made in the preceding year shall be added to the 
permanent levy base of the governmental subdivision; 
     (n) recover a loss or refunds in tax receipts incurred in 
nonspecial levy funds resulting from abatements or court action 
in the previous year pursuant to section 275.48; 
     (o) pay amounts required by law to be paid to pay the 
interest on and to reduce the unfunded accrued liability of 
public pension funds in accordance with the actuarial standards 
and guidelines specified in sections 356.215 and 356.216 reduced 
by 106 percent of the amount levied for that purpose in 1976, 
payable in 1977.  For the purpose of this special levy, the 
estimated receipts expected from the state of Minnesota pursuant 
to sections 69.011 to 69.031 or any other state aid expressly 
intended for the support of public pension funds shall be 
considered as a deduction in determining the required levy for 
the normal costs of the public pension funds.  No amount of 
these aids shall be considered as a deduction in determining the 
governmental subdivision's required levy for the reduction of 
the unfunded accrued liability of public pension funds; 
     (p) the amounts allowed under section 174.27 to establish 
and administer a commuter van program; 
     (q) pay the costs of financial assistance to local 
governmental units and certain administrative, engineering, and 
legal expenses pursuant to Laws 1979, chapter 253, section 3; 
     (r) compensate for revenue lost as a result of abatements 
or court action pursuant to section 270.07, 270.17 or 278.01 due 
to a reassessment ordered by the commissioner of revenue 
pursuant to section 270.16;  
    (s) pay the total operating cost of a county jail as 
authorized in section 641.01.  If the county government utilizes 
this special levy, then any amount levied by the county 
government in the previous year for operating its county jail 
and included in its previous year's levy limitation computed 
pursuant to section 275.51 shall be deducted from the current 
levy limitation; 
    (t) pay the costs of implementing section 18.023, including 
sanitation and reforestation; and 
    (u) pay the estimated cost for the following calendar year 
of the county's share of funding the Minnesota cooperative soil 
survey; and 
    (v) pay the costs of meeting the planning requirements of 
section 115A.46; the requirements of section 115A.917; the 
planning requirements of the metropolitan plan adopted under 
section 473.149 and county master plans adopted under section 
473.803; waste reduction and source separation programs and 
facilities; response actions that are financed in part by 
service charges under section 400.08 or section 22; closure and 
postclosure care of a solid waste facility closed by order of 
the pollution control agency or by expiration of an agency 
permit before January 1, 1989; and current operating and 
maintenance costs of a publicly-owned solid waste processing 
facility financed with general obligation bonds issued after a 
referendum before the effective date of this section. 
    Sec. 30.  Minnesota Statutes 1984, section 400.08, is 
amended to read: 
    400.08 [SERVICE AREAS AND CHARGES.] 
    Subdivision 1.  [DEFINITION.] For purposes of this section, 
"solid waste management services" includes collection, 
processing, and disposal of solid waste, closure and 
post-closure care of a solid waste facility, and response, as 
defined in section 115B.02, to releases from a solid waste 
facility or closed solid waste facility. 
    Subd. 2.  [SERVICE AREAS.] In addition to the power that 
the county may exercise under other law, and in order to provide 
solid waste management services to those areas needing services, 
the county board by resolution may establish and determine the 
boundaries of solid waste management service areas in the 
county.  Before the adoption of the resolution the county board 
shall hold a public hearing on the question.  If a service area 
is established, the county board may impose service charges for 
solid waste management services for the area and may levy a tax 
on all the property in the area, or any combination of charges 
and taxes.  The county board may enlarge any existing service 
area following the procedures specified in this section.  Upon 
the petition of the landowner, land may be added to the service 
area without a public hearing on the enlargement. 
    Subd. 3.  [SERVICE CHARGES.] The county may establish by 
ordinance, revise when deemed advisable, and collect just and 
reasonable rates and charges for solid waste management services 
provided by the county or by others under contract with the 
county.  The ordinance may obligate the owners, lessees, or 
occupants of property, or any or all of them, to pay charges for 
solid waste management services to their properties and may 
obligate the user of any facility to pay a reasonable charge for 
the use of the facility.  Rates and charges may take into 
account the character, kind, and quality of the service and of 
the solid waste, the method of disposition, the number of people 
served at each place of collection, and all other factors that 
enter into the cost of the service, including but not limited to 
depreciation and payment of principal and interest on money 
borrowed by the county for the acquisition or betterment of 
facilities.  A notice of intention to enact an ordinance, 
published pursuant to section 375.51, subdivision 2, shall 
provide for a public hearing prior to the meeting at which the 
ordinance is to be considered. 
    Subd. 4.  [COLLECTION.] The rates and charges may be billed 
and collected in a manner the board shall determine.  On or 
before October 15 in each year, the county board shall may 
certify to the county auditor all unpaid outstanding charges for 
services hereunder, and a statement of the description of the 
lands which were serviced and against which the charges arose.  
It shall be the duty of the county auditor, upon order of the 
county board, to extend the assessments, with interest not to 
exceed six percent as the interest rate provided for in the 
county ordinance section 279.03, subdivision 1, upon the tax 
rolls of the county for the taxes of the year in which the 
assessment is filed.  For each year ending October 15 the 
assessment with interest shall be carried into the tax becoming 
due and payable in January of the following year, and shall be 
enforced and collected in the manner provided for the 
enforcement and collection of real property taxes in accordance 
with the provisions of the laws of the state.  The charges, if 
not paid, shall become delinquent and be subject to the same 
penalties and the same rate of interest as the taxes under the 
general laws of the state.  All rates and charges shall be 
uniform in their application to use and service of the same 
character and quantity.  A notice of intention to enact such an 
ordinance, published pursuant to section 375.51, subdivision 2, 
shall provide for a public hearing thereon to be held prior to 
the meeting at which the ordinance is to be considered. 
    Sec. 31.  [400.101] [BONDS.] 
    The county, by resolution, may authorize the issuance of 
bonds to provide funds for the acquisition or betterment of 
solid waste facilities, related transmission facilities, or 
property or property rights for the facilities, for improvements 
of a capital nature to respond, as defined in section 115B.02, 
to releases from closed solid waste facilities, or for refunding 
any outstanding bonds issued for any such purpose, and may 
pledge to the payment of the bonds and the interest thereon, its 
full faith, credit, and taxing powers, or the proceeds of any 
designated tax levies, or the gross or net revenues or charges 
to be derived from any facility operated by or for the county, 
or any combination thereof.  Except as otherwise provided in 
this section, the bonds must be issued and sold in accordance 
with the provisions of chapter 475.  The proceeds of the bonds 
may be used in part to establish a reserve as further security 
for the payment of the principal and interest of the bonds when 
due.  Revenue bonds issued under this section may be sold at 
public or private sale upon conditions that the county board 
determines, but any bonds to which the full faith and credit and 
taxing powers of the county are pledged must be sold in 
accordance with the provisions of chapter 475.  No election is 
required to authorize the issuance of bonds under this section. 
    Sec. 32.  Minnesota Statutes 1984, section 400.11, is 
amended to read: 
    400.11 [TAX LEVIES; ADVANCE FUNDING.] 
    The county may levy taxes for solid waste management 
purposes upon all taxable property within the county, which 
shall not affect the amount or rate of taxes which may be levied 
for other county purposes.  The county may levy a tax in 
anticipation of need for solid waste management purposes as 
specified in the resolution levying the tax, appropriating the 
proceeds of the tax to a special fund to be used only for those 
purposes and, until used, to be invested in securities 
authorized in section 475.66.  
    Sec. 33.  Minnesota Statutes 1985 Supplement, section 
473.153, subdivision 1, is amended to read: 
    Subdivision 1.  [FACILITIES REQUIRED.] Except as provided 
in subdivision 7 and section 115A.33, all facilities for the 
disposal of solid waste generated by the metropolitan waste 
control commission shall be established and operated in 
accordance with this section and section 473.516.  The council 
and the commission shall establish acquire and own all of the 
facilities needed for the disposal of solid waste the sludge ash 
generated by the commission. The council and the commission 
shall acquire and establish at least one facility for sludge ash 
disposal at a site selected by the council under this section, 
unless the council and the agency determine under section 35 
that the facility is not needed. 
    Sec. 34.  Minnesota Statutes 1984, section 473.153, 
subdivision 3, is amended to read: 
    Subd. 3.  [MORATORIUM.] In order to permit the comparative 
evaluation of sites and the participation of affected localities 
in decisions about the use of sites, a moratorium is hereby 
imposed as provided in this subdivision on development within 
the area of each candidate site and buffer area selected by the 
council.  The moratorium shall extend until six months following 
the council's decision under subdivision 6 or until the sites 
are dismissed from consideration pursuant to section 35.  No 
development shall be allowed to occur within the area of a site 
or buffer area during the period of the moratorium without the 
approval of the council.  No county, city, or town land use 
control shall permit development which has not been approved by 
the council, nor shall any county, city, or town sanction or 
approve any subdivision, permit, license, or other authorization 
which would allow development to occur which has not been 
approved by the council.  The council shall not approve actions 
which would jeopardize the availability of a candidate site for 
use as a solid waste facility.  The council may establish 
guidelines for reviewing requests for approval under this 
subdivision.  Requests for approval shall be submitted in 
writing to the chairman of the council and shall be deemed to be 
approved by the council unless the chairman otherwise notifies 
the submitter in writing within 15 days. 
    Sec. 35.  Minnesota Statutes 1984, section 473.153, is 
amended by adding a subdivision to read: 
    Subd. 4a.  [NEED FOR FACILITY; OPTION TO TERMINATE SITING.] 
The council may determine, by resolution following a public 
hearing, that the new sludge ash disposal facility to be 
acquired and established under this section, as required by 
subdivision 1, is not needed, because the council finds that 
permitted management methods other than land disposal, together 
with land disposal of ash on property owned by the commission 
prior to March 1, 1986, will be sufficient to accommodate all of 
the commission's ash without the acquisition and establishment 
of a new facility.  A determination of the council that the 
facility is not needed is subject to review and approval by the 
pollution control agency.  If the agency disapproves, the 
council and the commission shall proceed to site, acquire, and 
establish the facility as required by this section.  If the 
agency approves, the council shall terminate the siting process 
established by this section and permanently dismiss the 
candidate sites from further consideration as sites for the 
facility. 
    Sec. 36.  Minnesota Statutes 1985 Supplement, section 
473.153, subdivision 5, is amended to read: 
    Subd. 5.  [ENVIRONMENTAL REVIEW.] Unless the council and 
the agency determine under section 35 that the sludge ash 
disposal facility required by subdivision 1 is not needed, an 
environmental impact statement must be completed on the 
environmental effects of the council's decisions required by 
subdivision 6.  The statement must be prepared and reviewed in 
accordance with chapter 116D and the rules issued pursuant 
thereto, except as otherwise required by this section.  The 
statement must not address or reconsider alternatives eliminated 
from consideration pursuant to subdivisions 1 and 2 and must not 
address the matters subject to decision by the council pursuant 
to subdivision 6b. 
    Sec. 37.  Minnesota Statutes 1985 Supplement, section 
473.153, subdivision 6b, is amended to read: 
    Subd. 6b.  [CERTIFICATION OF NEED.] No new facility for 
disposing of The disposal of sludge ash and other waste 
generated by the commission shall be is not permitted in the 
metropolitan area without a certification of need issued by the 
council indicating the council's determination:  
    (a) that the disposal of waste with concentrations of 
hazardous materials is necessary; and 
    (b) that additional ash disposal capacity is needed 
necessary.  
    The council shall certify need only to the extent that 
there are no feasible and prudent methods of reducing the 
concentrations of hazardous materials in the waste and no 
feasible and prudent alternatives to ash disposal, including 
large-scale composting and co-composting of sludge, which would 
minimize adverse impact upon natural resources.  Methods and 
alternatives that are speculative or conjectural shall not be 
deemed to be feasible and prudent.  Economic considerations 
alone shall not justify the certification of need or the 
rejection of methods or alternatives, including large-scale 
composting and co-composting of sludge as an alternative to 
incineration.  In its certification the council shall not 
consider alternatives which have been eliminated from 
consideration by the selection of sites pursuant to subdivision 
2. 
    Sec. 38.  Minnesota Statutes 1984, section 473.516, is 
amended by adding a subdivision to read: 
    Subd. 5.  Notwithstanding section 473.523, the commission 
may enter into a negotiated contract with a private person to 
use the sludge ash generated by the commission in a 
manufacturing process.  The contract may not exceed 30 years. 
    Sec. 39.  Minnesota Statutes 1984, section 473.806, 
subdivision 2, is amended to read: 
    Subd. 2.  [ACQUISITION OF TEMPORARY DEVELOPMENT RIGHTS.] If 
pursuant to subdivision 1 the council refuses to approve 
development which is permitted by local development plans, land 
use classification, and zoning and other official controls 
applying to the property on February 1, 1983, the land owner may 
elect to have the county purchase temporary development rights 
to the property for the period extending from the date when the 
council approved the site which affects the property for 
inclusion in the metropolitan inventory of sites until July 1, 
1985 December 31, 1987.  The election must be made within 30 
days of the council's decision to refuse to approve 
development.  The council shall provide funds, from the proceeds 
of the bonds issued pursuant to section 473.831, for the county 
to purchase the temporary development rights.  The land owner's 
compensation shall be determined by the agreement of the owner, 
the county, and the council.  If the parties cannot agree within 
60 days of the owner's election, the county shall acquire the 
temporary development rights through eminent domain proceedings, 
and the land owner's compensation shall be the fair market value 
of the temporary development rights.  A landowner who elects 
under this section to have the county purchase temporary 
development rights to the landowner's property is entitled to 
prompt action by the county.  If the landowner brings a 
successful action to compel the county to initiate eminent 
domain proceedings, the landowner is entitled to petition the 
court for reimbursement of reasonable costs and expenses, 
including reasonable attorney, appraisal, and engineering fees 
that were actually incurred in bringing the action. 
    Sec. 40.  Minnesota Statutes 1984, section 473.811, 
subdivision 2, is amended to read: 
    Subd. 2.  [COUNTY FINANCING OF FACILITIES.] Each 
metropolitan county may by resolution authorize the issuance of 
bonds to provide funds for the acquisition or betterment of 
solid waste facilities, related transmission facilities, or 
property or property rights for the facilities, for improvements 
of a capital nature to respond, as defined in section 115B.02, 
to releases from closed solid waste facilities, or for refunding 
any outstanding bonds issued for any such purpose, and.  The 
county may pledge to the payment of the bonds and the interest 
thereon, its full faith, credit and taxing powers, or the 
proceeds of any designated tax levies, or the gross or net 
revenues or charges to be derived from any facility operated by 
or for the county, or any combination thereof.  Taxes levied for 
the payment of the bonds and interest shall not reduce the 
amounts of other taxes which the county is authorized by law to 
levy.  The proceeds of the bonds may be used in part to 
establish a reserve as further security for the payment of the 
principal and interest of the bonds when due.  Revenue bonds 
issued pursuant to this section may be sold at public or private 
sale upon such conditions as the county board shall determine, 
but any bonds to which the full faith and credit and taxing 
powers of the county are pledged shall be sold in accordance 
with the provisions of chapter 475.  No election shall be 
required to authorize the issuance of the bonds. Except as 
otherwise provided, the bonds shall be issued and sold in 
accordance with the provisions of chapter 475. 
    Sec. 41.  Minnesota Statutes 1984, section 473.811, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [SERVICE AREAS.] Metropolitan counties have the 
authority provided in section 400.08. 
    Sec. 42.  Minnesota Statutes 1985 Supplement, section 
477A.012, is amended to read: 
    477A.012 [COUNTY GOVERNMENT DISTRIBUTIONS.] 
    Subdivision 1.  [AID AMOUNT.] In calendar year 1986, each 
county government shall receive a distribution equal to 60 
percent of the aid amount certified for 1983 pursuant to 
sections 477A.011 to 477A.03. 
    Subd. 2.  [ADDITIONAL AID FOR CERTAIN COUNTIES.] (a) Each 
county that becomes eligible to negotiate a contract with the 
waste management board pursuant to section 24 shall be entitled 
to receive $4,000 per month in additional local government aids, 
for each full calendar month that it is eligible.  If the 
state's liability under this clause exceeds $40,000 in any 
month, the commissioner shall proportionately reduce the 
entitlements of each eligible county. 
    (b) Any county government that has executed a contract with 
the board pursuant to section 24 shall receive an amount as 
provided under a schedule set forth in the contract not to 
exceed $150,000 per year in additional local government aids, 
for a period of not more than two years following the execution 
of the contract.  The sum of the state's obligations under this 
clause may not exceed $600,000 in any fiscal year. 
    (c) Aid distributions under this subdivision are in 
addition to any distributions to which a county is entitled 
pursuant to subdivision 1, and must not be deducted in the 
computation of levy limits.  When an aid payment is made 
pursuant to section 477A.015, the commissioner shall distribute 
to each eligible county the full entitlement due under clause 
(a) for the county's period of eligibility that was not paid in 
a previous distribution.  When an aid payment is made pursuant 
to section 477A.015, the commissioner shall distribute to each 
county that has executed a contract the full amount due under 
clause (b) in accordance with the terms of the contract.  In no 
case may any additional aid amounts due under this subdivision 
be paid prior to July 1, 1987. 
    Sec. 43.  [CITY OF BABBITT; SOLID WASTE MANAGEMENT 
EXPENDITURES.] 
    Notwithstanding the provisions of any law or rule to the 
contrary, the council of the city of Babbitt may by resolution 
authorize expenditure of funds from any source, including a 
permanent improvement and replacement fund created under 
Minnesota Statutes, section 471.571, for any solid waste 
management purpose, including waste tire recycling.  The city 
may exercise by resolution the powers of a corporation set forth 
in Minnesota Statutes, section 301.75, to assist and encourage 
the creation and operation of solid waste management facilities, 
and may by resolution grant, give, convey, guarantee or loan 
funds or property from any source for any solid waste management 
purpose and may enter into agreements and do all things 
necessary or convenient to further its solid waste management 
purpose.  
    Sec. 44.  [ST. LOUIS COUNTY; JOINT POWERS AGREEMENT.] 
    Notwithstanding any other law to the contrary, the board of 
commissioners of St. Louis county may by resolution enter into a 
joint powers agreement with the city of Babbitt by which the 
county may exercise the powers and authority enumerated in 
section 43. 
    Sec. 45.  [SOLID WASTE RECOVERY FACILITY; HENNEPIN COUNTY.] 
    If a petition is filed with the public utilities commission 
under Minnesota Statutes, section 216B.164, subdivision 5, 
before April 1, 1986, by either a utility or a qualifying 
facility in connection with the operation of a solid waste 
recovery facility located in Hennepin county, the commission 
shall resolve the dispute within 120 days of filing.  If the 
decision of the commission is appealed to court, the surety bond 
provisions of Minnesota Statutes, sections 562.01 to 562.03 and 
562.05 shall apply; no additional supersedeas bond shall be 
required. 
    Sec. 46.  [REPEALER.] 
    Minnesota Statutes 1984, sections 115A.17; 400.05; 400.10; 
and Minnesota Statutes 1985 Supplement, section 473.811, 
subdivision 11, are repealed. 
    Sec. 47.  [INSTRUCTION TO REVISOR.] 
    The revisor of statutes is directed to change the word 
"disposal," wherever it appears in sections 115A.18 to 115A.301, 
except in section 115A.24, subdivision 1, clauses (2) and (3), 
and section 115A.301, subdivision 1, paragraph (b), clauses (1) 
and (2), to "stabilization and containment," in Minnesota 
Statutes 1986 and subsequent editions of the statutes. 
    Sec. 48.  [EFFECTIVE DATE.] 
    Sections 1 to 45 are effective the day following final 
enactment. 
    Approved March 24, 1986