Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 600-S.F.No. 2195 
           An act relating to waste; regulating the organized 
          collection of solid waste; regulating the disposal of 
          low-level radioactive waste for a limited period of 
          time; creating a task force on low-level radioactive 
          waste regulation for a limited period of time; 
          appropriating money; amending Minnesota Statutes 1988, 
          sections 115A.94, subdivisions 3 and 4; and 116C.712, 
          subdivision 5; proposing coding for new law in 
          Minnesota Statutes, chapter 116C. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 115A.94, 
subdivision 3, is amended to read: 
    Subd. 3.  [GENERAL PROVISIONS.] (a) The local government 
unit may organize collection as a municipal service or by 
ordinance, franchise, license, negotiated or bidded contract, or 
other means, using one or more collectors or an organization of 
collectors.  
    (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 may shall invite and employ 
the assistance of interested persons, including 
persons operating 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. 
    Sec. 2.  Minnesota Statutes 1988, section 115A.94, 
subdivision 4, is amended to read: 
    Subd. 4.  [CITIES AND TOWNS; NOTICE; PLANNING.] (a) At 
least 90 180 days before proposing implementing an ordinance, 
franchise, license, contract or other means of organizing 
collection, a city or town, by resolution of the governing body, 
shall announce its intent to organize collection and invite the 
participation of interested persons, including persons licensed 
to operate solid waste collection services, in planning and 
establishing the organized collection system. 
    (b) The resolution of intent must be adopted after a public 
hearing.  The hearing must be held at least two weeks after 
public notice and mailed notice to persons known by the city or 
town to be operating solid waste collection services in the city 
or town.  The failure to give mailed notice to persons or defect 
in the notice does not invalidate the proceedings, provided a 
bona fide effort to comply with notice requirements has been 
made. 
    (c) During the a 90-day period following the resolution of 
intent, and before proposing a method of organizing collection, 
the city or town shall develop or supervise the development of 
plans or proposals for organized collection.  During this 90-day 
planning period, the city or town shall invite and employ the 
assistance of persons licensed as of the date of the resolution 
of intent to operate solid waste collection services in the city 
or town.  Failure of a licensed collector to participate in the 
90-day planning period, when the city or town has made a bona 
fide effort to provide the person the opportunity to 
participate, does not invalidate the planning process. 
    (d) For 90 days after the date ending the planning period 
required under paragraph (c), the city or town shall discuss 
possible organized collection arrangements with all licensed 
collectors operating in the city or town who have expressed 
interest.  If the city or town is unable to agree on an 
organized collection arrangement with a majority of the licensed 
collectors who have expressed interest, or upon expiration of 
the 90 days, the city or town may propose implementation of an 
alternate method of organizing collection as authorized in 
subdivision 3. 
    (e) The city or town shall make specific findings that: 
    (1) describe in detail the procedures it used to plan and 
to attempt implementation of organized collection through an 
arrangement with collectors who expressed interest; and 
    (2) evaluate the proposed organized collection method in 
light of at least the following standards:  achieving the stated 
organized collection goals of the city or town; minimizing 
displacement of collectors; ensuring participation of all 
interested parties in the decision-making process; and 
maximizing efficiency in solid waste collection. 
    (d) (f) Upon request, the city or town shall provide mailed 
notice of subsequent all proceedings on the organization of 
collection in the city or town. 
    Sec. 3.  Minnesota Statutes 1988, section 116C.712, 
subdivision 5, is amended to read: 
    Subd. 5.  [ASSESSMENT.] (a) A person, firm, corporation, or 
association in the business of owning or operating a nuclear 
fission electrical generating plant in this state shall pay an 
assessment to cover the cost of: 
    (1) monitoring the federal high-level radioactive waste 
program under the Nuclear Waste Policy Act, United States Code, 
title 42, sections 10101 to 10226; 
    (2) advising the governor and the legislature on policy 
issues relating to the federal high-level radioactive waste 
disposal program; 
    (3) surveying existing literature and activity relating to 
radioactive waste management, including storage, transportation, 
and disposal, in the state; and 
    (4) an advisory task force on low-level radioactive waste 
deregulation, created by a law enacted in 1990 until July 1, 
1996; and 
     (5) other general studies necessary to carry out the 
purposes of this subdivision.  
    The assessment must not be more than the appropriation to 
the state planning agency for these purposes.  
    (b) The state planning agency shall bill the owner or 
operator of the plant for the assessment at least 30 days before 
the start of each quarter.  The assessment for the second 
quarter of each fiscal year must be adjusted to compensate for 
the amount by which actual expenditures by the state planning 
agency for the preceding year were more or less than the 
estimated expenditures previously assessed.  The billing may be 
made as an addition to the assessments made under section 
116C.69.  The owner or operator of the plant must pay the 
assessment within 30 days after receipt of the bill.  The 
assessment must be deposited in the state treasury and credited 
to the special revenue fund. 
     (c) The authority for this assessment terminates when the 
department of energy eliminates Minnesota from further siting 
consideration for high-level radioactive waste by starting 
construction of a high-level radioactive waste disposal site in 
another state.  The assessment required for any quarter must be 
reduced by the amount of federal grant money received by the 
state planning agency for the purposes listed in this section.  
    (d) The state planning agency must report annually by July 
1 to the legislative commission on waste management on 
activities assessed under paragraph (a). 
    Sec. 4.  [116C.851] [DEFINITIONS.] 
    Subdivision 1.  [FACILITY.] "Facility" has the meaning 
given in section 116C.831, article II, paragraph (f). 
    Subd. 2.  [LOW-LEVEL RADIOACTIVE WASTE.] "Low-level 
radioactive waste" means waste that consists of or contains 
class A, B, or C radioactive waste as defined by Code of Federal 
Regulations, title 10, section 61.55, as in effect on January 
26, 1983. 
    Sec. 5.  [116C.852] [LOW-LEVEL RADIOACTIVE WASTE DISPOSAL.] 
    No low-level radioactive waste may be treated, recycled, 
stored, or disposed of in this state except at a facility that 
is specifically licensed for treatment, recycling, storage, or 
disposal of low-level radioactive waste regardless of whether or 
not the waste has been reclassified as "below regulatory 
concern" by the United States Nuclear Regulatory Commission 
pursuant to a generic rule or standard adopted after January 1, 
1990. 
    Sec. 6.  [ADVISORY TASK FORCE.] 
    (a) The commissioner of the pollution control agency shall 
appoint an advisory task force on low-level radioactive waste 
deregulation.  The task force must include representatives from 
the office of waste management, pollution control agency, 
department of health, a public interest consumer advocate 
organization, organized labor, environmental organizations, and 
affected industry.  The task force shall evaluate information 
available on a national and international level.  The members 
shall serve without compensation.  
    (b) The advisory task force shall report to the advisory 
committee under Minnesota Statutes, section 116C.839 and the 
senate and house committees on environment. 
    (c) The amount of the expenses of the study and the 
advisory task force are appropriated from the general fund to 
the commissioner of the pollution control agency.  The director 
of the state planning agency shall make an assessment under 
Minnesota Statutes, section 116C.712, subdivision 5, to cover 
the cost of the expenses for the task force and the study 
expenses under section 7.  The assessment shall be deposited in 
the general fund and credited for this purpose. 
    Sec. 7.  [DUTIES OF THE ADVISORY TASK FORCE ON LOW-LEVEL 
RADIOACTIVE WASTE DEREGULATION.] 
    The advisory task force on low-level radioactive waste 
deregulation shall:  
    (1) design and initiate a study that will be a cost-benefit 
analysis of deregulation of "low-level" radioactive waste costs, 
including health, and environmental costs and effects, including 
both dollar and nondollar effects in both the long-term and the 
short-term; 
    (2) determine who will conduct the study; 
    (3) determine the timelines for the study; 
    (4) evaluate the cost-benefit study; and 
    (5) make a recommendation on continuation of the moratorium 
and other recommendations to the legislature by January 1, 1994. 
    Sec. 8.  [REPEALER.] 
    Sections 4 to 7 are repealed effective June 30, 1996.  
    Sec. 9.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective August 1, 1990, and apply to 
cities, towns, and counties that initiate action to organize 
solid waste collection on or after that date.  Sections 3 to 7 
are effective the day following final enactment. 
    Presented to the governor April 28, 1990 
    Signed by the governor May 8, 1990, 8:44 p.m.