Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 249-H.F.No. 287 
           An act relating to waste management; encouraging local 
          government units to use purchasing techniques to 
          reduce waste and develop markets for recycled 
          products; prohibiting burning and burial of harmful 
          materials on farms; defining packaging and recycling 
          facility; prohibiting disposal of unprocessed mixed 
          municipal solid waste; extending the time to construct 
          certain projects with grant money; authorizing 
          counties to count waste reduction toward 1996 
          recycling goals; regulating management of certain 
          automobile waste; providing for county management and 
          service contracts; requiring local government units to 
          separately account for all revenue and spending 
          related to waste management; requiring collectors of 
          solid waste to disclose where the waste is deposited; 
          prohibiting fluorescent and high intensity discharge 
          lamps in solid waste; clarifying that organized waste 
          collection is one of several tools for cities and 
          counties to use to collect waste; requiring labeling 
          of hazardous products; requiring reporting of tipping 
          fee schedules at all waste facilities; requiring 
          owners or operators of waste facilities that are 
          publicly financed to account for charges and 
          expenditures related to the facilities; regulating 
          lamp recycling facilities; requiring electric 
          utilities to encourage use of fluorescent and high 
          intensity discharge lamps and requiring certain 
          utilities to collect spent lamps; requiring a study of 
          collection of such lamps; extending by one year the 
          solid waste field citation pilot program; clarifying 
          the effects of the repeal of the metropolitan landfill 
          siting process; requiring an environmental enforcement 
          policy; providing for reports; amending Minnesota 
          Statutes 1992, sections 16B.121; 16B.122; 16B.123; 
          16B.24, by adding a subdivision; 17.135; 115.071, 
          subdivision 1; 115A.03, by adding subdivisions; 
          115A.034; 115A.54, subdivision 2a; 115A.5501, 
          subdivision 3; 115A.551, subdivisions 2a and 4; 
          115A.56; 115A.916; 115A.929; 115A.932, subdivision 1; 
          115A.94, subdivisions 5 and 6; 115A.941; 115A.965, 
          subdivision 1; 115A.9651; 115A.981; 116.78, by adding 
          a subdivision; 116.92, subdivision 7; 216B.241, by 
          adding a subdivision; 325E.1151, subdivision 1; 
          325E.12; 325E.125, subdivision 1; 325E.1251; 400.04, 
          subdivisions 3 and 4; 400.08, subdivision 3; 473.149, 
          subdivision 6; 473.803, subdivision 3; 473.8441, 
          subdivision 5; 473.846; and 473.848, subdivisions 2 
          and 3; Laws 1991, chapter 347, article 1, sections 15, 
          subdivisions 1 and 6; and 20; Laws 1992, chapter 593, 
          article 1, section 55; proposing coding for new law in 
          Minnesota Statutes, chapters 115A; and 116. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 16B.121, is 
amended to read: 
    16B.121 [PURCHASE OF RECYCLED, REPAIRABLE, AND DURABLE 
MATERIALS.] 
    The commissioner shall take the recycled content and 
recyclability of commodities to be purchased into consideration 
in bid specifications.  When feasible and when the price of 
recycled materials does not exceed the price of nonrecycled 
materials by more than ten percent, the commissioner, and state 
agencies when purchasing under delegated authority, shall 
purchase recycled materials.  In order to maximize the quantity 
and quality of recycled materials purchased, the commissioner, 
and state agencies when purchasing under delegated authority, 
may also use other appropriate procedures to acquire recycled 
materials at the most economical cost to the state. 
    When purchasing commodities and services, the commissioner, 
and state agencies when purchasing under delegated authority, 
shall apply and promote the preferred waste management practices 
listed in section 115A.02, with special emphasis on reduction of 
the quantity and toxicity of materials in waste.  The 
commissioner, and state agencies when purchasing under delegated 
authority, in developing bid specifications, shall consider the 
extent to which a commodity or product is durable, reusable, or 
recyclable and marketable through the state resource recovery 
program and the extent to which the commodity or product 
contains postconsumer material. 
    Sec. 2.  Minnesota Statutes 1992, section 16B.122, is 
amended to read: 
    16B.122 [PURCHASE AND USE OF PAPER STOCK; PRINTING.] 
    Subdivision 1.  [DEFINITIONS.] The definitions in this 
subdivision apply to this section. 
    (a) "Copier paper" means paper purchased for use in copying 
machines. 
    (b) "Office paper" means notepads, loose-leaf fillers, 
tablets, and other paper commonly used in offices. 
    (b) (c) "Postconsumer material" means a finished material 
that would normally be discarded as a solid waste, having 
completed its life cycle as a consumer item. 
    (c) (d) "Practicable" means capable of being used, 
consistent with performance, in accordance with applicable 
specifications, and availability within a reasonable time. 
    (d) (e) "Printing paper" means paper designed for printing, 
other than newsprint, such as offset and publication paper. 
    (e) (f) "Public entity" means the state, an office, agency, 
or institution of the state, the metropolitan council, a 
metropolitan agency, the metropolitan mosquito control district, 
the legislature, the courts, a county, a statutory or home rule 
charter city, a town, a school district, another special taxing 
district, or any contractor acting pursuant to a contract with a 
public entity. 
    (f) (g) "Soy-based ink" means printing ink made from soy 
oil. 
    (g) (h) "Uncoated" means not coated with plastic, clay, or 
other material used to create a glossy finish. 
    Subd. 2.  [PURCHASES; PRINTING.] (a) Whenever practicable, 
a public entity shall:  
    (1) purchase uncoated office paper and printing paper; 
    (2) purchase recycled content paper with at least ten 
percent postconsumer material by weight; 
    (3) purchase paper which has not been dyed with colors, 
excluding pastel colors; 
    (4) purchase recycled content paper that is manufactured 
using little or no chlorine bleach or chlorine derivatives; 
    (5) use no more than two colored inks, standard or 
processed, except in formats where they are necessary to convey 
meaning; 
    (6) use reusable binding materials or staples and bind 
documents by methods that do not use glue; 
    (7) use soy-based inks; and 
    (8) produce reports, publications, and periodicals that are 
readily recyclable within the state resource recovery program. 
    (b) Paragraph (a), clause (1), does not apply to coated 
paper that is made with at least 50 percent postconsumer 
material. 
    (c) A public entity shall print documents on both sides of 
the paper where commonly accepted publishing practices allow. 
    (d) Notwithstanding paragraph (a), clause (2), and section 
16B.121, copier paper purchased by a state agency must contain 
at least ten percent postconsumer material by fiber content. 
    Subd. 3.  [PUBLIC ENTITY PURCHASING.] (a) Notwithstanding 
section 365.37, 375.21, 412.331, or 473.705, a public entity may 
purchase recycled materials when the price of the recycled 
materials does not exceed the price of nonrecycled materials by 
more than ten percent.  In order to maximize the quantity and 
quality of recycled materials purchased, a public entity also 
may use other appropriate procedures to acquire recycled 
materials at the most economical cost to the public entity. 
    (b) When purchasing commodities and services, a public 
entity shall apply and promote the preferred waste management 
practices listed in section 115A.02, with special emphasis on 
reduction of the quantity and toxicity of materials in waste.  A 
public entity, in developing bid specifications, shall consider 
the extent to which a commodity or product is durable, reusable, 
or recyclable and marketable through the applicable local or 
regional recycling program and the extent to which the commodity 
or product contains postconsumer material. 
    Sec. 3.  Minnesota Statutes 1992, section 16B.123, is 
amended to read: 
    16B.123 [PACKING MATERIALS.] 
    Subdivision 1.  [REQUIRED USE.] Whenever technically 
feasible, a public entity shall purchase and use degradable 
loose foam packing material manufactured from vegetable starches 
or other renewable resources, unless the cost of the packing 
material is more than ten percent greater than the cost of 
packing material made from nonrenewable resources. 
    Subd. 2.  [DEFINITION; PACKING MATERIAL.] For the purposes 
of this section, "packing material" means loose foam material, 
other than an exterior packaging shell, that is used to 
stabilize, protect, cushion, or brace the contents of a package. 
    Subd. 3.  [PURCHASE OF PACKAGED PRODUCTS.] Whenever 
practicable, a public entity shall specify use of degradable 
loose foam packing material in contracting for purchase of 
packaged products, unless the cost of packaging a product with 
loose foam packing material is more than ten percent greater 
than the cost of packaging the product with loose foam packing 
material made from nonrenewable resources. 
    Sec. 4.  Minnesota Statutes 1992, section 16B.24, is 
amended by adding a subdivision to read: 
    Subd. 11.  [RECYCLING OF FLUORESCENT LAMPS.] When a 
fluorescent lamp containing mercury is removed from service in a 
building or premises owned by the state or rented by the state, 
the commissioner shall ensure that the lamp is recycled if a 
recycling facility, which has been licensed or permitted by the 
agency or is operated subject to a compliance agreement with, or 
other approval by, the commissioner, is available in this state. 
    Sec. 5.  Minnesota Statutes 1992, section 17.135, is 
amended to read: 
    17.135 [FARM DISPOSAL OF SOLID WASTE.] 
    (a) A permit is not required from a state agency, except 
under sections 88.16, 88.17, and 88.22 for a person who owns or 
operates land used for farming that buries, or burns and buries, 
solid waste generated from the person's household or as part of 
the person's farming operation if the burying is done in a 
nuisance free, pollution free, and aesthetic manner on the land 
used for farming.  This exception does not apply if regularly 
scheduled pickup of solid waste is reasonably available at the 
person's farm, as determined by resolution of the county board 
of the county where the person's farm is located. 
    (b) This exemption does not apply to burning tires or 
plastics, except plastic baling twine, or to burning or burial 
of the following materials: 
    (1) household hazardous waste as defined in section 
115A.96, subdivision 1; 
    (2) appliances, including but not limited to, major 
appliances as defined in section 115A.03, subdivision 17a; 
    (3) household batteries; 
    (4) used motor oil; and 
    (5) lead acid batteries from motor vehicles. 
    Sec. 6.  Minnesota Statutes 1992, section 115.071, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REMEDIES AVAILABLE.] The provisions of 
sections 103F.701 to 103F.761, chapters 115, 115A, and 116, and 
sections 325E.10 to 325E.1251 and 325E.32 and all rules, 
standards, orders, stipulation agreements, schedules of 
compliance, and permits adopted or issued by the agency 
thereunder or under any other law now in force or hereafter 
enacted for the prevention, control, or abatement of pollution 
may be enforced by any one or any combination of the following:  
criminal prosecution; action to recover civil penalties; 
injunction; action to compel performance; or other appropriate 
action, in accordance with the provisions of said chapters and 
this section. 
    Sec. 7.  Minnesota Statutes 1992, section 115A.03, is 
amended by adding a subdivision to read: 
    Subd. 22b.  [PACKAGING.] "Packaging" means a container and 
any appurtenant material that provide a means of transporting, 
marketing, protecting, or handling a product.  "Packaging" 
includes pallets and packing such as blocking, bracing, 
cushioning, weatherproofing, strapping, coatings, closures, 
inks, dyes, pigments, and labels. 
     Sec. 8.  Minnesota Statutes 1992, section 115A.03, is 
amended by adding a subdivision to read: 
    Subd. 25c.  [RECYCLING FACILITY.] "Recycling facility" 
means a facility at which materials are prepared for reuse in 
their original form or for use in manufacturing processes that 
do not cause the destruction of the materials in a manner that 
precludes further use. 
    Sec. 9.  Minnesota Statutes 1992, section 115A.034, is 
amended to read: 
    115A.034 [ENFORCEMENT.] 
    This chapter may be enforced under section sections 115.071 
and 116.072. 
    Sec. 10.  [115A.415] [SUBSTANDARD DISPOSAL FACILITIES.] 
    Beginning July 1, 1995: 
    (1) a person may not deliver unprocessed mixed municipal 
solid waste to a substandard disposal facility; and 
    (2) an operator of a substandard disposal facility may not 
accept unprocessed mixed municipal solid waste for deposit in 
the disposal facility. 
    For the purpose of this section, "substandard disposal 
facility" means a disposal facility that does not meet the 
design, construction, and operation requirements for a new mixed 
municipal solid waste facility contained in state rules in 
effect as of January 1, 1993. 
    For the purpose of this section, waste is "unprocessed" if 
it has not, after collection and before disposal, undergone at 
least one process, as defined in section 115A.03, subdivision 
25, excluding storage, exchange, and transfer of the waste. 
    Sec. 11.  Minnesota Statutes 1992, section 115A.54, 
subdivision 2a, is amended to read: 
    Subd. 2a.  [SOLID WASTE MANAGEMENT PROJECTS.] (a) The 
office director shall provide technical and financial assistance 
for the acquisition and betterment of solid waste management 
projects as provided in this subdivision and section 115A.52.  
Money appropriated for the purposes of this subdivision must be 
distributed as grants. 
    (b) Except as provided in paragraph (c), a project may 
receive grant assistance up to 25 percent of the capital cost of 
the project or $2,000,000, whichever is less, except that 
projects constructed as a result of intercounty cooperative 
agreements may receive (1) grant assistance up to 25 percent of 
the capital cost of the project; or (2) $2,000,000 times the 
number of participating counties, whichever is less.  
    (c) A recycling project or a project to compost or 
cocompost waste may receive grant assistance up to 50 percent of 
the capital cost of the project or $2,000,000, whichever is 
less, except that projects completed as a result of intercounty 
cooperative agreements may receive (1) grant assistance up to 50 
percent of the capital cost of the project; or (2) $2,000,000 
times the number of participating counties, whichever is less. 
    (d) Notwithstanding paragraph (e), the agency director may 
award grants for transfer stations that will initially transfer 
waste to landfills if the transfer stations are part of a 
planned resource recovery project, the county where the planned 
resource recovery facility will be located has a comprehensive 
solid waste management plan approved by the agency director, and 
the solid waste management plan proposes the development of the 
resource recovery facility.  If the proposed resource recovery 
facility is not in place and operating within five eight years 
of the date of the grant award, the recipient shall repay the 
grant amount to the state. 
    (e) Projects without resource recovery are not eligible for 
assistance. 
    (f) In addition to any assistance received under paragraph 
(b) or (c), a project may receive grant assistance for the cost 
of tests necessary to determine the appropriate pollution 
control equipment for the project or the environmental effects 
of the use of any product or material produced by the project. 
    (g) In addition to the application requirements of section 
115A.51, an application for a project serving eligible 
jurisdictions in only a single county must demonstrate that 
cooperation with jurisdictions in other counties to develop the 
project is not needed or not feasible.  Each application must 
also demonstrate that the project is not financially prudent 
without the state assistance, because of the applicant's 
financial capacity and the problems inherent in the waste 
management situation in the area, particularly transportation 
distances and limited waste supply and markets for resources 
recovered.  
    (h) For the purposes of this subdivision, a "project" means 
a processing facility, together with any transfer stations, 
transmission facilities, and other related and appurtenant 
facilities primarily serving the processing facility.  The 
office director shall adopt rules for the program by July 1, 
1985. 
    Sec. 12.  Minnesota Statutes 1992, section 115A.5501, 
subdivision 3, is amended to read: 
    Subd. 3.  [FACILITY COOPERATION AND REPORTS.] The owner or 
operator of a solid waste composting, incineration, refuse 
derived fuel or disposal facility shall allow access upon 
reasonable notice to authorized office, agency, or metropolitan 
council staff for the purpose of conducting waste composition 
studies or otherwise assessing the amount of total packaging in 
the waste delivered to the facility under this section. 
    Beginning in 1993, by February 1 of each year the owner or 
operator of a facility governed by this subdivision shall submit 
a report to the commissioner, on a form prescribed by the 
commissioner, information specifying the total amount of solid 
waste received by the facility between January 1 and December 31 
of the previous year.  The commissioner shall calculate the 
total amount of solid waste delivered to solid waste facilities 
from the reports received from the facility owners or operators 
and shall report the aggregate amount to the director by April 1 
of each year.  The commissioner shall assess a nonforgivable 
administrative penalty under section 116.072 of $500 plus any 
forgivable amount necessary to enforce this subdivision on any 
owner or operator who fails to submit a report required by this 
subdivision. 
    Sec. 13.  Minnesota Statutes 1992, section 115A.551, 
subdivision 2a, is amended to read: 
    Subd. 2a.  [SUPPLEMENTARY RECYCLING GOALS.] By December 31, 
1996, each county will have as a goal to recycle the following 
amounts: 
     (1) for a county outside of the metropolitan area, 30 
percent by weight of total solid waste generation; 
     (2) for a metropolitan county, 45 percent by weight of 
total solid waste generation. 
     Each county will develop and implement or require political 
subdivisions within the county to develop and implement 
programs, practices, or methods designed to meet its recycling 
goal.  Nothing in this section or in any other law may be 
construed to prohibit a county from establishing a higher 
recycling goal.  For the purposes of this subdivision "recycle" 
and "total solid waste generation" have the meanings given them 
in subdivision 1, except that neither includes yard waste. 
    For a county that, by January 1, 1995, is implementing a 
solid waste reduction program that is approved by the director, 
the director shall apply three percentage points toward 
achievement of the recycling goals in this subdivision.  In 
addition, the director shall apply demonstrated waste reduction 
that exceeds three percent reduction toward achievement of the 
goals in this subdivision. 
    Sec. 14.  Minnesota Statutes 1992, section 115A.551, 
subdivision 4, is amended to read: 
    Subd. 4.  [INTERIM MONITORING.] The office, for counties 
outside of the metropolitan area, and the metropolitan council, 
for counties within the metropolitan area, shall monitor the 
progress of each county toward meeting the recycling goals in 
subdivisions 2 and 2a and.  The office shall report to the 
legislative commission on waste management on the progress of 
the counties by July 1 of each year.  The metropolitan council 
shall report to the legislative commission on waste management 
on the progress of the counties by July 1 of each year.  If the 
office or the council finds that a county is not progressing 
toward the goals in subdivisions 2 and 2a, it shall negotiate 
with the county to develop and implement solid waste management 
techniques designed to assist the county in meeting the goals, 
such as organized collection, curbside collection of 
source-separated materials, and volume-based pricing. 
    In even-numbered years the office's progress report may be 
included in the solid waste management policy report required 
under section 115A.411.  The metropolitan council's progress 
report shall be included in the report required by section 
473.149. 
    Sec. 15.  Minnesota Statutes 1992, section 115A.56, is 
amended to read: 
    115A.56 [RECYCLED CONTENT; LABELS.] 
    (a) A person may not label or otherwise indicate on a 
product or package for sale or distribution that the product or 
package contains recycled material unless the label or other 
indication states the minimum percentage of postconsumer 
material in the product or package: 
    (1) by weight for a finished nonpaper product or package; 
and 
    (2) by fiber content for a finished paper product or 
package. 
    For the purposes of this section "product" includes 
advertising materials and campaign material as defined in 
section 211B.01, subdivision 2. 
    (b) Paragraph (a) does not apply to products that qualify 
for and use the recycling emblem established by the state of New 
York that was in effect on December 14, 1990. 
    Sec. 16.  Minnesota Statutes 1992, section 115A.916, is 
amended to read: 
    115A.916 [USED OIL; LAND DISPOSAL PROHIBITED MOTOR AND 
VEHICLE FLUIDS AND FILTERS; PROHIBITIONS.] 
    A person may not place used motor oil, brake fluid, power 
steering fluid, transmission fluid, motor oil filters, or 
antifreeze: 
    (1) in mixed municipal solid waste or place used oil; 
     (2) in or on the land, unless approved by the agency; or 
    (3) in or on the waters of the state or in a stormwater or 
wastewater collection or treatment system.  This section may be 
enforced by the agency pursuant to sections 115.071 and 116.072. 
    For the purposes of this section, "antifreeze" does not 
include small amounts of antifreeze contained in water used to 
flush the cooling system of a vehicle after the antifreeze has 
been drained and does not include deicer that has been used on 
the exterior of a vehicle. 
      This section does not apply to antifreeze placed in a 
wastewater collection system that includes a publicly owned 
treatment works that is permitted by the agency until July 1, 
1995. 
    Sec. 17.  Minnesota Statutes 1992, section 115A.929, is 
amended to read: 
    115A.929 [FEES; ACCOUNTING.] 
    Each local government unit that collects a fee under 
section 115A.919, 115A.921, or 115A.923 shall account for all 
revenue collected from the fee waste management fees, together 
with interest earned on the revenue from the fee fees, 
separately from other revenue collected by the local government 
unit and shall report revenue collected from the fee fees and 
use of the revenue separately from other revenue and use of 
revenue in any required financial report or audit.  For the 
purposes of this section, "waste management fees" means: 
    (1) all fees, charges, and surcharges collected under 
sections 115A.919, 115A.921, and 115A.923; 
    (2) all tipping fees collected at waste management 
facilities owned or operated by the local government unit; 
    (3) all charges imposed by the local government unit for 
waste collection and management services; and 
    (4) any other fees, charges, or surcharges imposed on waste 
or for the purpose of waste management, whether collected 
directly from generators or indirectly through property taxes or 
as part of utility or other charges for services provided by the 
local government unit. 
    Sec. 18.  [115A.9302] [WASTE DEPOSIT DISCLOSURE.] 
    Subdivision 1.  [DISCLOSURE REQUIRED.] By January 1, 1994, 
and at least annually thereafter, a person that collects 
construction debris, industrial waste, or mixed municipal solid 
waste for transportation to a waste facility shall disclose to 
each waste generator from whom waste is collected the name, 
location, and type of, and the number of the permit issued by 
the agency, or its counterpart in another state, if applicable, 
for the processing or disposal facility or facilities, excluding 
a transfer station, at which the waste will be deposited.  The 
collector shall note both the primary facility at which the 
collector most often deposits waste and any alternative 
facilities regularly used by the collector. 
    Subd. 2.  [FORM OF DISCLOSURE.] A collector shall make the 
disclosure to the waste generator in writing at least once per 
year or on any written contract for collection services for that 
year.  If an additional facility becomes either a primary 
facility or an alternative facility during the year, the 
collector shall make the disclosure set forth in subdivision 1 
within 30 days.  A local government unit that collects solid 
waste without direct charges to waste generators shall make the 
disclosure on any statement that includes an amount for waste 
management, provided that, at a minimum, disclosure to waste 
generators must be made at least twice annually in a form likely 
to be available to all generators. 
    Subd. 3.  [TRANSFER STATIONS.] If the collector deposits 
waste at a transfer station, the collector need not disclose the 
name and location of the transfer station but must disclose the 
destination of the waste when it leaves the transfer station. 
    Sec. 19.  Minnesota Statutes 1992, section 115A.932, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PROHIBITIONS.] (a) A person may not place 
mercury or a thermostat, thermometer, electric switch, 
appliance, or medical or scientific instrument from which the 
mercury has not been removed for reuse or recycling: 
    (1) in solid waste; or 
    (2) in a wastewater disposal system. 
    (b) A person may not knowingly place mercury or a 
thermostat, thermometer, electric switch, appliance, or medical 
or scientific instrument from which the mercury has not been 
removed for reuse or recycling: 
    (1) in a solid waste processing facility; or 
    (2) in a solid waste disposal facility, as defined in 
section 115.01, subdivision 4. 
    (c) A person may not knowingly place a fluorescent or high 
intensity discharge lamp: 
    (1) in solid waste; or 
    (2) in a solid waste facility, except a household hazardous 
waste collection or recycling facility. 
    This paragraph does not apply to waste lamps generated by 
households until August 1, 1994. 
    Sec. 20.  Minnesota Statutes 1992, section 115A.94, 
subdivision 5, is amended to read: 
    Subd. 5.  [COUNTY ORGANIZED COLLECTION.] (a) A county may 
by ordinance require cities and towns within the county to 
organize collection.  Organized collection ordinances of 
counties may: 
    (1) require cities and towns to require the separation and 
separate collection of recyclable materials; 
    (2) specify the material to be separated; and 
    (3) require cities and towns to meet any performance 
standards for source separation that are contained in the county 
solid waste plan.  
    (b) A county may itself organize collection under 
subdivision 4 in any city or town that does not comply with a 
county organized collection ordinance adopted under this 
subdivision, and the county may implement, as part of its 
organized collection, the source separation program and 
performance standards required by its organized collection 
ordinance. 
    Sec. 21.  Minnesota Statutes 1992, section 115A.94, 
subdivision 6, is amended to read: 
    Subd. 6.  [ORGANIZED COLLECTION NOT REQUIRED OR 
PREVENTED.] (a) The authority granted in this section to 
organize solid waste collection is optional and is in addition 
to authority to govern solid waste collection granted by other 
law. 
     (b) Except as provided in subdivision 5, a city, town, or 
county is not: 
    (1) required to organize collection; or 
    (2) prevented from organizing collection of solid waste or 
recyclable material.  
    (c) Except as provided in subdivision 5, a city, town, or 
county may exercise any authority granted by any other law, 
including a home rule charter, to govern collection of solid 
waste. 
    Sec. 22.  Minnesota Statutes 1992, section 115A.941, is 
amended to read: 
    115A.941 [SOLID WASTE; REQUIRED COLLECTION.] 
    (a) Except as provided in paragraph (b), each city, and 
town described in section 368.01, with a population of 1,000 or 
more, and any other town with a population of 5,000 or more 
shall ensure that every residential household and business in 
the city or town has solid waste collection service.  To comply 
with this section, a city or town may organize collection, 
provide collection, or require by ordinance that every household 
and business has a contract for collection services.  An 
ordinance adopted under this section must provide for 
enforcement. 
    (b) A city or town with a population of 5,000 or more 
described in paragraph (a) may exempt a residential household or 
business in the city or town from the requirement to have solid 
waste collection service if the household or business ensures 
that an environmentally sound alternative is used. 
    (c) To the extent practicable, the costs incurred by a city 
or town under this section must be incorporated into the 
collection system or the enforcement mechanisms adopted under 
this section by the city or town. 
     Sec. 23.  [115A.9523] [HAZARDOUS PRODUCTS; LABELING.] 
    Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
subdivision apply to this section. 
    (b) "Hazardous product" means a product that, as a product 
or when it becomes a waste, exhibits a hazardous characteristic 
of ignitability, corrosivity, reactivity, or toxicity, or any 
combination of these characteristics, as defined and listed 
under the criteria in Code of Federal Regulations, title 40, 
sections 261.20 to 261.24.  "Hazardous product" does not include:
    (1) a pesticide that is registered under chapter 18B; 
    (2) a product that is required to be labeled for proper 
waste management under other state or federal law; 
    (3) a battery that complies with sections 115A.961 and 
325E.125 as applicable to the battery; or 
    (4) a prescription drug. 
    (c) "Product" means tangible personal property that is 
manufactured or imported for retail sale or use in this state.  
"Product" does not include a durable good with an expected 
useful life of three years or more. 
    Subd. 2.  [UNIFORM LABEL.] The director shall adopt a rule 
to establish a uniform label for hazardous products that must 
include at least a warning that, as waste, the product contains 
a hazardous material that can harm the environment if not 
properly managed and information for proper management or 
disposal of the waste product. 
    Subd. 3.  [LABEL; REQUIRED USE.] After January 1, 2000, a 
manufacturer may not knowingly offer a hazardous product for 
distribution, sale, or use in this state unless the product is 
labeled, on the product itself or on the container, with the 
label adopted under subdivision 2.  This subdivision is not 
effective if the federal government adopts and implements 
uniform labeling of hazardous products by January 1, 2000, and 
if the label required both warns of the presence of hazardous 
material and informs of proper management of the product as 
waste.  For the purposes of this subdivision, a retailer or a 
distributor is not a manufacturer and is not subject to the 
requirements of this section. 
     Sec. 24.  Minnesota Statutes 1992, section 115A.965, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PACKAGING.] (a) As soon as feasible but 
not later than August 1, 1993, no manufacturer or distributor 
may sell or offer for sale or for promotional purposes in this 
state packaging or a product that is contained in packaging if 
the packaging itself, or any inks, dyes, pigments, adhesives, 
stabilizers, or any other additives to the packaging contain any 
lead, cadmium, mercury, or hexavalent chromium that has been 
intentionally introduced as an element during manufacture or 
distribution of the packaging.  Intentional introduction does 
not include the incidental presence of any of the prohibited 
elements. 
    (b) For the purposes of this section,: 
    (1) "distributor" means a person who imports packaging or 
causes packaging to be imported into the state; and 
    (2) until August 15, 1995, "packaging" does not include 
steel strapping containing a total concentration level of lead, 
cadmium, mercury, and hexavalent chromium, added together, of 
less than 100 parts per million by weight. 
    Sec. 25.  Minnesota Statutes 1992, section 115A.9651, is 
amended to read: 
    115A.9651 [TOXICS IN PRODUCTS; ENFORCEMENT.] 
    After July 1, 1994, no person may deliberately introduce 
lead, cadmium, mercury, or hexavalent chromium into any ink, 
dye, pigment, paint, or fungicide that is intended for use or 
for sale in this state.  
    Until July 1, 1997, this section does not apply to 
electrodeposition primer coating, porcelain enamel coatings, 
medical devices, hexavalent chromium in the form of chromine 
acid when processed at a temperature of at least 750 degrees 
Fahrenheit, or ink used for computer identification markings. 
    This section does not apply to art supplies. 
    This section may be enforced under sections 115.071 and 
116.072.  The attorney general or the commissioner of the agency 
shall coordinate enforcement of this section with the director 
of the office. 
    Sec. 26.  Minnesota Statutes 1992, section 115A.981, is 
amended to read: 
    115A.981 [SOLID WASTE MANAGEMENT; ECONOMIC STATUS AND 
OUTLOOK.] 
    Subdivision 1.  [RECORD KEEPING REQUIREMENTS.] The owner or 
operator of a solid waste disposal facility must maintain the 
records necessary to comply with the requirements of subdivision 
2.  
    Subd. 2.  [ANNUAL REPORTING.] (a) The owner or operator of 
a solid waste disposal facility shall submit an annual report to 
the commissioner that includes: 
    (1) a certification that the owner or operator has 
established financial assurance for closure, postclosure care, 
and corrective action at the facility by using one or more of 
the financial assurance mechanisms specified by rule and 
specification of the financial assurance mechanism used, 
including the amount paid in or assured during the past year and 
the total amount of financial assurance accumulated to date; and 
    (2) a schedule of fees charged by at the facility for waste 
management, including all tipping fees, rates, charges, 
surcharges, and any other fees charged to each classification of 
customer.  
    (b) The owner or operator of a solid waste facility, other 
than a private recycling facility, that is not a disposal 
facility and that is not governed by paragraph (c) shall submit 
an annual report to the commissioner that includes a schedule of 
fees charged at the facility for waste management, including all 
tipping fees, rates, charges, surcharges, and any other fees 
charged to each classification of customers. 
    (c) The owner or operator of a solid waste facility whose 
construction or operation was or is wholly or partially publicly 
financed, except when the public financing consists entirely of 
a grant for less than 15 percent of the cost of construction or 
consists solely of the sale of revenue bonds, and a local 
government unit that is the owner or operator of a solid waste 
facility shall submit an annual report to the commissioner that 
includes: 
    (1) a schedule of fees charged at the facility for waste 
management, including all tipping fees, rates, charges, 
surcharges, and any other fees charged to each classification of 
customers; 
    (2) a description of the amounts and sources of capital 
financing for the facility, including current debt and principal 
and interest payments made on the debt to date; 
    (3) an accounting of the costs of administration and 
operation of the facility; 
    (4) identification of the source and amount of any 
additional financing for the administration or operation of the 
facility not included in the fees reported under clause (1); and 
    (5) identification of the purposes of expenditure of any 
fees reported under clause (1) that are not expended for 
servicing or repaying debt on the facility or for administration 
and operation of the facility. 
    (d) The agency may suspend the operation of a disposal 
facility whose permittee fails to file the information required 
under this subdivision.  The owner or operator of a facility may 
not increase fees until 30 days after the owner or operator has 
submitted a fee schedule amendment to the commissioner.  
    Subd. 3.  [REPORT.] (a) The commissioner shall report to 
the legislative commission on waste management by July 1 of each 
odd-numbered year on the economic status and outlook of the 
state's solid waste management sector including:  
    (1) an estimate of the extent to which prices for solid 
waste management paid by consumers reflect costs related to 
environmental and public health protection, including a 
discussion of how prices are publicly and privately subsidized 
and how identified costs of waste management are not reflected 
in the prices;.  
    (2) a discussion of how the market structure for solid 
waste management influences prices, considering: 
    (i) changes in the solid waste management market structure; 
    (ii) the relationship between public and private 
involvement in the market; and 
    (iii) the effect on market structures of waste management 
laws and rules; and 
    (3) any recommendations for strengthening or improving the 
market structure for solid waste management to ensure protection 
of human health and the environment, taking into account the 
preferred waste management practices listed in section 115A.02 
and considering the experiences of other states. 
    (b) In preparing the report, the commissioner shall: 
    (1) consult with the director; the metropolitan council; 
local government units; solid waste collectors, transporters, 
and processors; owners and operators of solid waste disposal 
facilities; and other interested persons; 
    (2) consider information received under subdivision 2; and 
    (3) analyze information gathered and comments received 
relating to the most recent solid waste management policy report 
prepared under section 115A.411. 
    The commissioner shall also recommend any legislation 
necessary to ensure adequate and reliable information needed for 
preparation of the report. 
    (c) If an action recommended by the commissioner under 
paragraph (a) would significantly affect the solid waste 
management market structure, the commissioner shall, in 
consultation with the entities listed in paragraph (b), clause 
(1), prepare and include in the report an analysis of the 
potential impacts and effectiveness of the action, including 
impacts on: 
    (1) the public and private waste management sectors; 
    (2) future innovation and responsiveness to new approaches 
to solid waste management; and 
    (3) the costs of waste management. 
    (d) The report must also include: 
    (1) statewide and facility by facility estimates of the 
total potential costs and liabilities associated with solid 
waste disposal facilities for closure and postclosure care, 
response costs under chapter 115B, and any other potential 
costs, liabilities, or financial responsibilities; 
     (2) statewide and facility by facility requirements for 
proof of financial responsibility under section 116.07, 
subdivision 4h, and how each facility is meeting those 
requirements. 
    Sec. 27.  Minnesota Statutes 1992, section 116.78, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [WASTE CONTAINERS.] Noninfectious mixed 
municipal solid waste generated by a facility must be placed for 
containment, collection, and processing or disposal in 
containers that are sufficiently transparent that the contents 
of the containers may be viewed from the exterior of the 
containers.  The operator of a mixed municipal solid waste 
facility may not refuse to accept mixed municipal solid waste 
generated by a facility that complies with this subdivision, 
unless the operator observes that the waste contains sharps or 
other infectious waste. 
    Sec. 28.  Minnesota Statutes 1992, section 116.92, 
subdivision 7, is amended to read: 
    Subd. 7.  [FLUORESCENT AND HIGH INTENSITY DISCHARGE LAMPS; 
LARGE USE APPLICATIONS.] (a) A person who sells fluorescent or 
high intensity discharge lamps that contain mercury to the owner 
or manager of an industrial, commercial, office, or multiunit 
residential building, or to any person who replaces or removes 
from service outdoor lamps that contain mercury, shall clearly 
inform the purchaser in writing on the invoice for the lamps, or 
in a separate writing, that the lamps contain mercury, a 
hazardous substance that is regulated by federal or state 
law and that they may not be placed in solid waste.  This 
paragraph does not apply to a person who incidentally sells 
fluorescent or high intensity discharge lamps at retail to the 
specified purchasers. 
    (b) A person who contracts with the owner or manager of an 
industrial, commercial, office, or multiunit residential 
building, or with a person responsible for outdoor lighting, to 
remove from service fluorescent or high intensity discharge 
lamps that contain mercury shall clearly inform, in writing, the 
person for whom the work is being done that the lamps being 
removed from service contain mercury and what the contractor's 
arrangements are for the management of the mercury in the 
removed lamps. 
    Sec. 29.  [116.93] [LAMP RECYCLING FACILITIES.] 
    Subdivision 1.  [DEFINITION.] For the purposes of this 
section, "lamp recycling facility" means a facility operated to 
remove, recover, and recycle for reuse mercury or other 
hazardous materials from fluorescent or high intensity discharge 
lamps. 
    Subd. 2.  [LAMP RECYCLING FACILITY; PERMITS OR 
LICENSES.] (a) A person may not operate a lamp recycling 
facility without obtaining a permit or license for the facility 
from the agency.  The permit or license must require: 
    (1) a plan for response to releases, including emergency 
response; 
    (2) proof of financial responsibility for closure and any 
necessary postclosure care at the facility which may include a 
performance bond or other insurance; and 
    (3) liability insurance or another financial mechanism that 
provides proof of financial responsibility for response actions 
required under chapter 115B. 
    (b) A lamp recycling facility that is licensed or permitted 
by a county under section 473.811, subdivision 5b, complies with 
this subdivision if the license or permit held by the facility 
contains at least all the terms and conditions required by the 
agency for a license or permit issued under this subdivision. 
    (c) A lamp recycling facility with a demonstrated 
capability for recycling that is in operation prior to adoption 
of rules for a licensing or permitting process for the facility 
by the agency may continue to operate in accordance with 
compliance agreement or other approval by the commissioner until 
a license or permit is issued by the agency under this 
subdivision. 
     Sec. 30.  [116.94] [LOOSE FOAM PACKING MATERIAL; 
DIFFERENTIATION.] 
    (a) By July 1, 1995, the commissioner shall adopt rules to 
implement a method for easily and visually differentiating 
between packing material that is manufactured using only 
vegetable starches or other renewable resources and packing 
material manufactured using petroleum and other nonrenewable 
resources. 
    (b) For the purposes of this section "packing material" has 
the meaning given in section 16B.123, subdivision 2. 
    (c) This section applies only if loose foam packing 
material manufacturers do not establish and implement a 
differentiation method that complies with paragraph (a) not 
later than July 1, 1994. 
    Sec. 31.  Minnesota Statutes 1992, section 216B.241, is 
amended by adding a subdivision to read: 
    Subd. 5.  [CONSERVATION IMPROVEMENT PROGRAM; EFFICIENT 
LIGHTING.] (a) Each public utility, cooperative electric 
association, and municipal utility that provides electric 
service to retail customers shall include as part of its 
conservation improvement activities a program to strongly 
encourage the use of fluorescent and high intensity discharge 
lamps.  The program must include at least a public information 
campaign to encourage use of the lamps and proper management of 
spent lamps by all customer classifications.  
    (b) A public utility that provides electric service at 
retail to 200,000 or more customers shall establish, either 
directly or through contracts with other persons, including lamp 
manufacturers, distributors, wholesalers, and retailers and 
local government units, a system to collect for delivery to a 
reclamation or recycling facility spent fluorescent and high 
intensity discharge lamps from households and from small 
businesses as defined in section 645.445 that generate an 
average of fewer than ten spent lamps per year. 
    (c) A collection system must include establishing 
reasonably convenient locations for collecting spent lamps from 
households and financial incentives sufficient to encourage 
spent lamp generators to take the lamps to the collection 
locations.  Financial incentives may include coupons for 
purchase of new fluorescent or high intensity discharge lamps, a 
cash back system, or any other financial incentive or group of 
incentives designed to collect the maximum number of spent lamps 
from households and small businesses that is reasonably feasible.
    (d) A public utility that provides electric service at 
retail to fewer than 200,000 customers, a cooperative electric 
association, or a municipal utility that provides electric 
service at retail to customers may establish a collection system 
under paragraphs (b) and (c) as part of conservation improvement 
activities required under this section. 
    (e) The commissioner of the pollution control agency may 
not, unless clearly required by federal law, require a public 
utility, cooperative electric association, or municipality that 
establishes a household fluorescent and high intensity discharge 
lamp collection system under this section to manage the lamps as 
hazardous waste as long as the lamps are managed to avoid 
breakage and are delivered to a recycling or reclamation 
facility that removes mercury and other toxic materials 
contained in the lamps prior to placement of the lamps in solid 
waste. 
    (f) If a public utility, cooperative electric association, 
or municipal utility contracts with a local government unit to 
provide a collection system under this subdivision, the contract 
must provide for payment to the local government unit of all the 
unit's incremental costs of collecting and managing spent lamps. 
    (g) All the costs incurred by a public utility, cooperative 
electric association, or municipal utility for promotion and 
collection of fluorescent and high intensity discharge lamps 
under this subdivision are conservation improvement spending 
under this section. 
     Sec. 32.  Minnesota Statutes 1992, section 325E.1151, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PURCHASERS MUST RETURN BATTERY OR PAY $5.] 
(a) A person who purchases a lead acid battery at retail, except 
a lead acid battery that is designed to provide power for a boat 
motor that is purchased at the same time as the battery, must: 
    (1) return a lead acid battery to the retailer; or 
    (2) pay the retailer a $5 surcharge. 
    (b) A person who has paid a $5 surcharge under paragraph (a)
must receive a $5 refund from the retailer if the person returns 
a lead acid battery with a receipt for the purchase of a new 
battery from that retailer within 30 days after purchasing a new 
lead acid battery. 
    (c) A retailer may keep the unrefunded surcharges for lead 
acid batteries not returned within 30 days. 
    Sec. 33.  Minnesota Statutes 1992, section 325E.12, is 
amended to read: 
    325E.12 [PENALTY.] 
    Any person violating Violation of sections 325E.10 to 
325E.12 shall be guilty of 325E.1151 is a petty misdemeanor.  
Sections 325E.10 to 325E.1151 may be enforced under section 
115.071. 
    Sec. 34.  Minnesota Statutes 1992, section 325E.125, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LABELING.] (a) The manufacturer of a 
button cell battery that is to be sold in this state shall 
ensure that each battery contains no intentionally introduced 
mercury or is labeled to clearly identify for the final consumer 
of the battery the type of electrode used in the battery. 
    (b) The manufacturer of a rechargeable battery that is to 
be sold in this state shall ensure that each rechargeable 
battery is labeled to clearly identify for the final consumer of 
the battery the type of electrode and the name of the 
manufacturer.  The manufacturer of a rechargeable battery shall 
also provide clear instructions for properly recharging the 
battery. 
    Sec. 35.  Minnesota Statutes 1992, section 325E.1251, is 
amended to read: 
    325E.1251 [PENALTY ENFORCEMENT.] 
    Subdivision 1.  [PENALTY.] Violation of sections 115A.9155 
and section 325E.125 is a misdemeanor.  A manufacturer who 
violates section 115A.9155 or 325E.125 is also subject to a 
minimum fine of $100 per violation. 
    Subd. 2.  [RECOVERY OF COSTS.] Section 325E.125 may be 
enforced under section 115.071.  In an enforcement action under 
this section in which the state prevails, the state may recover 
reasonable administrative expenses, court costs, and attorney 
fees incurred to take the enforcement action, in an amount to be 
determined by the court. 
     Sec. 36.  Minnesota Statutes 1992, section 400.04, 
subdivision 3, is amended to read: 
    Subd. 3.  [ACQUISITION, CONSTRUCTION, AND OPERATION OF 
PROPERTY AND FACILITIES.] A county may acquire, construct, 
enlarge, improve, repair, supervise, control, maintain, and 
operate any and all solid waste facilities and other property 
and facilities needed, used, or useful for solid waste 
management purposes.  Notwithstanding any other law to the 
contrary, a county may contract for recycling services, and 
purchase and lease materials, equipment, machinery, and such 
other personal property as is necessary for such 
purposes including recycling upon terms and conditions 
determined by the board, with or without advertisement for bids 
including the use of conditional sales contracts and 
lease-purchase agreements.  If a county contract is let by 
negotiation, without advertising for bids, the county shall 
conduct such negotiation and award the contract using a fair and 
open procedure and in full compliance with section 471.705.  If 
a county contract is to be awarded by bid, the county may, after 
notice to the public and prospective bidders, conduct a fair and 
open process of prequalification of bidders prior to 
advertisement for bids.  A county may employ such personnel as 
are reasonably necessary for the care, maintenance and operation 
of such property and facilities.  A county shall contract with 
private persons for the construction, maintenance, and operation 
of solid waste facilities where the facilities are adequate and 
available for use and competitive with other means of providing 
the same service.  
    Sec. 37.  Minnesota Statutes 1992, section 400.04, 
subdivision 4, is amended to read: 
    Subd. 4.  [MANAGEMENT AND SERVICE CONTRACTS.] 
Notwithstanding sections 375.21 and 471.345, a county may enter 
into contracts for the construction, installation, maintenance 
and operation of property and facilities on private or public 
lands and may contract for the furnishing of solid waste 
management services. upon terms and conditions determined by the 
board, with or without advertisement for bids, including the use 
of conditional sales contracts and lease-purchase agreements.  
If a county contract is let by negotiation, without advertising 
for bids, the county shall conduct negotiations and award the 
contract using a fair and open procedure and in full compliance 
with section 471.705. 
    Sec. 38.  Minnesota Statutes 1992, section 400.08, 
subdivision 3, is amended to read: 
    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, including 
properties owned, leased, or used by the state or a political 
subdivision of the state, including the regional transit board 
established in section 473.373, the metropolitan airports 
commission established in section 473.603, the state 
agricultural society established in section 37.01, a local 
government unit, and any other political subdivision, 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. 
    Sec. 39.  Minnesota Statutes 1992, section 473.149, 
subdivision 6, is amended to read: 
    Subd. 6.  [REPORT TO LEGISLATURE.] The council shall report 
on abatement to the legislative commission on waste management 
by November July 1 of each year.  The report must include an 
assessment of whether the objectives of the metropolitan 
abatement plan have been met and whether each county and each 
class of city within each county have achieved the objectives 
set for it in the council's plan.  The report must recommend any 
legislation that may be required to implement the plan.  The 
report shall include the reports required by sections 115A.551, 
subdivision 5; 473.846; and 473.848, subdivision 4.  If in any 
year the council reports that the objectives of the council's 
abatement plan have not been met, the council shall evaluate and 
report on the need to reassign governmental responsibilities 
among cities, counties, and metropolitan agencies to assure 
implementation and achievement of the metropolitan and local 
abatement plans and objectives. 
    The report in each even-numbered year must include a report 
on the operating, capital, and debt service costs of solid waste 
facilities in the metropolitan area; changes in the costs; the 
methods used to pay the costs; and the resultant allocation of 
costs among users of the facilities and the general public.  The 
facility costs report must present the cost and financing 
analysis in the aggregate and broken down by county and by major 
facility. 
    Sec. 40.  Minnesota Statutes 1992, section 473.803, 
subdivision 3, is amended to read: 
    Subd. 3.  [ANNUAL REPORT.] By April 1 of each year, each 
metropolitan county shall prepare and submit annually to the 
council for its approval a report containing information, as the 
council may prescribe in its policy plan, concerning solid waste 
generation and management within the county.  The report shall 
include a statement of progress in achieving the land disposal 
abatement objectives for the county and classes of cities in the 
county as stated in the council's policy plan and county master 
plan.  The report must list cities that have not satisfied the 
county performance standards for local abatement required by 
subdivision 1c.  The report must include a schedule of rates and 
charges in effect or proposed for the use of any solid waste 
facility owned or operated by or on its behalf, together with a 
statement of the basis for such charges. 
    The report shall contain the recycling development grant 
report required by section 473.8441 and the annual certification 
report required by section 473.848.  
    Sec. 41.  Minnesota Statutes 1992, section 473.8441, 
subdivision 5, is amended to read: 
    Subd. 5.  [GRANT ALLOCATION PROCEDURE.] (a) The council 
shall distribute the funds annually so that each qualifying 
county receives an equal share of 50 percent of the council's 
allocation to the program described in this section, plus a 
proportionate share of the remaining funds available for the 
program.  A county's proportionate share is an amount that has 
the same proportion to the total remaining funds as the number 
of households in the county has to the total number of 
households in all metropolitan counties.  
    (b) To qualify for distribution of funds, a county, by 
August 15 April 1 of each year, must submit for council approval 
a report on expenditures and activities under the program during 
the preceding fiscal year and any proposed changes in its 
recycling implementation strategy or performance funding 
system.  The report shall be included in the county report 
required by section 473.803, subdivision 3.  
    Sec. 42.  Minnesota Statutes 1992, section 473.846, is 
amended to read: 
    473.846 [REPORT TO LEGISLATURE.] 
    By November 1, 1986, and each year thereafter, The agency 
and metropolitan council shall submit to the senate finance 
committee, the house appropriations committee, and the 
legislative commission on waste management separate reports 
describing the activities for which money from the landfill 
abatement account and contingency action funds trust fund has 
been spent during the previous fiscal year.  The agency shall 
report by November 1 of each year.  The council may shall 
incorporate its report in the report required by section 
473.149, due July 1 of each year.  In its 1988 report, The 
council shall make recommendations to the legislature 
legislative commission on waste management on the future 
management and use of the metropolitan landfill abatement fund 
account. 
    Sec. 43.  Minnesota Statutes 1992, section 473.848, 
subdivision 2, is amended to read: 
    Subd. 2.  [COUNTY CERTIFICATION; COUNCIL APPROVAL.] (a) By 
April 1 of each year, each county shall submit a semiannual an 
annual certification report to the council detailing:  
    (1) the quantity of waste generated in the county that was 
not processed prior to transfer to a disposal facility during 
the six months year preceding the report; 
    (2) the reasons the waste was not processed; 
    (3) a strategy for development of techniques to ensure 
processing of waste including a specific timeline for 
implementation of those techniques; and 
    (4) any progress made by the county in reducing the amount 
of unprocessed waste. 
    The report shall be included in the county report required 
by section 473.803, subdivision 3.  
    (b) The council shall approve a county's certification 
report if it determines that the county is reducing and will 
continue to reduce the amount of unprocessed waste, based on the 
report and the county's progress in development and 
implementation of techniques to reduce the amount of unprocessed 
waste transferred to disposal facilities.  If the council does 
not approve a county's report, it shall negotiate with the 
county to develop and implement specific techniques to reduce 
unprocessed waste.  If the council does not approve three two or 
more consecutive reports from any one county, the council shall 
develop specific reduction techniques that are designed for the 
particular needs of the county.  The county shall implement 
those techniques by specific dates to be determined by the 
council. 
    Sec. 44.  Minnesota Statutes 1992, section 473.848, 
subdivision 3, is amended to read: 
    Subd. 3.  [FACILITY CERTIFICATION; COUNTY REPORTS.] (a) The 
operator of each resource recovery facility that receives waste 
from counties in the metropolitan area shall certify as 
unprocessible each load of mixed municipal solid waste it does 
not process.  Certification must be made to each county that 
sends its waste to the facility at intervals specified by the 
county.  Certification must include at least the number and size 
of loads certified as unprocessible and the reasons the waste is 
unprocessible.  Loads certified as unprocessible must include 
the loads that would otherwise have been processed but were not 
processed because the facility was not in operation, but nothing 
in this section relieves the operator of its contractual 
obligations to process mixed municipal solid waste.  
    (b) A county that sends its waste to a resource recovery 
facility shall submit a semiannual report to the council 
detailing the quantity of waste generated within the county that 
was not processed during the six months preceding the report, 
the reasons the waste was not processed, and a strategy for 
reducing the amount of unprocessed mixed municipal solid waste. 
    Sec. 45.  Laws 1991, chapter 347, article 1, section 15, 
subdivision 1, is amended to read: 
    Subdivision 1.  [AUTHORITY TO ISSUE.] Pollution control 
agency staff designated by the commissioner and department of 
natural resources conservation officers may issue citations to a 
person who disposes of solid waste as defined in Minnesota 
Statutes, section 116.06, subdivision 10, at a location not 
authorized by law for the disposal of solid waste without 
permission of the owner of the property.  A citation issued 
under this subdivision must include a requirement that the 
person cited remove and properly dispose or otherwise manage the 
waste. 
    Sec. 46.  Laws 1991, chapter 347, article 1, section 15, 
subdivision 6, is amended to read: 
    Subd. 6.  [STUDY OF FIELD CITATION PILOT PROGRAM.] The 
pollution control agency, in consultation with the department of 
natural resources and the attorney general, shall prepare a 
study on the effectiveness and limitations of the field citation 
pilot program.  The study must make recommendations about the 
continued use of field citations.  The study must be submitted 
to the legislative commission on waste management by November 
15, 1992, and must be updated and resubmitted to the commission 
by November 15, 1993. 
    Sec. 47.  Laws 1991, chapter 347, article 1, section 20, is 
amended to read: 
    Sec. 20.  [EFFECTIVE DATE.] 
    Section 19 is effective July 1, 1993 1994. 
    Sec. 48.  Laws 1992, chapter 593, article 1, section 55, is 
amended to read: 
    Sec. 55. [EFFECTIVE DATE.] 
    Except as provided in this section, article 1 is effective 
August 1, 1992. 
    Sections 22, 31 to 34, 37 to 40, and 45 are effective the 
day following final enactment. 
    Section 43 is effective August 1, 1991. 
    Sections 12; 17; 24; 27, subdivision 1; 29, subdivision 3; 
and 36 are effective January 1, 1993, and section 36 applies to 
sweeping compound manufactured on or after that date. 
    Section 18 is effective for products and packaging 
manufactured on or after January 1, 1993. 
    Section 35, paragraph (a), is effective July 1, 1993 
January 1, 1997, and paragraph (b) is effective July 1, 1993, 
and applies those paragraphs apply to batteries manufactured on 
or after that date those dates. 
    Sections 3 and 29, subdivision 2, are Section 3 is 
effective August 1, 1993. 
    Sections 26 and 27, subdivision 2, are effective January 1, 
1994. 
    Section 29, subdivision subdivisions 2 and 4, clauses (1) 
and (2), are effective August 1, 1994. 
    Sec. 49.  [POLICY PLAN AMENDMENT.] 
    The metropolitan council shall amend the policy plan 
required by Minnesota Statutes, section 473.149, to incorporate 
the requirements imposed by sections 40 to 44. 
    Sec. 50.  [WASTE TIRE REPORT; INCLUSION.] 
    The waste tire report due to the legislative commission on 
waste management under Minnesota Statutes, section 115A.913, 
subdivision 5, by November 15, 1993, must include an evaluation 
of the adequacy of existing mechanisms and systems for managing 
waste tires as they are generated.  The commissioner of the 
pollution control agency shall include in the report 
recommendations for legislation, if needed, to ensure that 
mechanisms are in place or are put in place to collect, store, 
transport, recycle, and otherwise manage waste tires properly. 
    Sec. 51.  [SOLID WASTE MANAGEMENT POLICY REPORT; 
POSTPONEMENT.] 
    Under Minnesota Statutes, section 115A.411, a solid waste 
management policy report is not due to the legislative 
commission on waste management until July 1, 1996.  In the 
interim, any reports authorized to be included with that report 
may be submitted as a combined report on or before the dates 
required for their submission. 
    Sec. 52.  [PACKAGING REPORT.] 
    By October 1, 1993, the director of the office of waste 
management shall report to the legislative commission on waste 
management, and to the policy and finance committees of the 
legislature that address environment and natural resources, the 
current and projected costs of managing waste packaging under 
existing solid waste management systems.  
    Sec. 53.  [FLUORESCENT AND HIGH INTENSITY DISCHARGE LAMPS; 
COLLECTION STUDY.] 
    The director of the office of waste management, in 
consultation with representatives of public utilities, electric 
cooperative associations, and municipal utilities that provide 
electric service to retail customers, the commissioners of the 
pollution control agency and the department of public service, 
the Minnesota technical assistance program, the director of the 
legislative commission on waste management, residential, 
commercial, and industrial electric power consumers, local 
government units, representatives of manufacturers, wholesalers, 
distributors, retailers, and recyclers of fluorescent and high 
intensity discharge lamps, and other interested persons, shall 
examine and evaluate the potential for collection systems for 
spent fluorescent and high intensity discharge lamps from 
households and small businesses.  The director shall identify 
barriers to an effective collection system and approaches to 
reduce and remove those barriers. 
    By November 1, 1993, the director shall submit a report to 
the legislative commission on waste management that, at a 
minimum, recommends: 
    (1) collection and management systems for spent lamps that 
are generated within the service areas of public utilities not 
governed by Minnesota Statutes, section 216B.241, subdivision 5, 
paragraph (b), cooperative electric associations, and municipal 
utilities that provide electric service to retail customers; and 
    (2) an implementation plan that includes provisions for 
technical assistance to public utilities, electric cooperative 
associations, municipal utilities, lamp manufacturers, 
wholesalers, distributors, and retailers, and local government 
units that establish fluorescent and high intensity discharge 
lamp promotion programs and collection systems.  
    Any person may establish or participate in pilot projects 
to encourage the use and proper management of spent lamps as 
part of the study required under this section.  All the costs 
incurred by a public utility, cooperative electric association, 
or municipal utility related to a pilot project are conservation 
improvement spending for the purposes of Minnesota Statutes 
1992, section 216B.241.  
    Sec. 54.  [SOLID WASTE FACILITIES; PROOF OF FINANCIAL 
RESPONSIBILITY; STUDY.] 
    The commissioner of the pollution control agency shall 
determine whether insurance mechanisms exist that may adequately 
meet the requirements for proof of financial responsibility for 
reasonable and necessary response actions at solid waste 
disposal facilities as required under Minnesota Statutes 1992, 
section 116.07, subdivision 4h.  The commissioner shall report 
findings made under this section, along with any recommendations 
for legislation, to the legislative commission on waste 
management by November 1, 1993.  The commissioner shall also 
review existing regulatory requirements for proof of financial 
responsibility to ensure that the requirements have resulted in 
viable and adequate financial mechanisms to cover all projected 
reasonable and necessary response costs at facilities.  
    Sec. 55.  [RECYCLING GLOSSY PAPER; TECHNICAL ASSISTANCE; 
REPORT.] 
    The director of the office of waste management shall 
provide technical assistance to persons who collect materials 
for recycling to encourage collection and recycling of glossy 
paper magazines and catalogs. 
    The director shall also survey collectors of recyclable 
materials in the state and markets for recyclable materials to 
determine the extent to which glossy paper catalogs and 
magazines are collected for recycling, the extent to which 
markets exist for recyclable glossy paper, and the extent to 
which market demand for glossy paper is being met by recycling 
collectors.  By December 1, 1993, the director shall report to 
the legislative commission on waste management: 
    (1) the approximate percentage of glossy paper in the 
residential mixed municipal solid waste stream; 
    (2) waste management capacity needed to process or dispose 
of glossy paper as waste and the costs associated with managing 
glossy paper as waste; 
    (3) the percentage of glossy paper that is being collected 
and marketed for recycling; 
    (4) how to balance the supply of and demand for glossy 
paper for recycling, taking into account facilities and 
resources necessary for both management as waste and management 
as a recyclable material; 
    (5) the market price for recyclable glossy paper in 
relation to collection and transportation costs; and 
    (6) barriers to collection and marketing of glossy paper 
for recycling and suggestions for overcoming those barriers 
while minimizing public subsidization.  
    Sec. 56.  [VOLUME OR WEIGHT BASED FEES; POSTPONEMENT OF 
EFFECTIVE DATE.] 
    A local government unit affected by the requirement in 
Minnesota Statutes 1992, section 115A.9301, to implement volume 
or weight based fees for solid waste collection may apply to the 
director of the office of waste management for postponement of 
the date for implementation of the fees.  The director may grant 
a postponement only if the local government unit submits with 
its application a plan for evaluating alternative methods for 
complying with the law and a schedule for implementation of the 
required volume or weight based fees that the director 
determines will result in compliance with the law not later than 
January 1, 1995. 
     Sec. 57.  [BASE UNITS FOR HOMESTEADED MULTIUNIT DWELLINGS.] 
    Upon application by an owner of a homesteaded multiunit 
dwelling, a local government unit that collects charges for 
solid waste collection directly from waste generators shall 
allocate a single base unit to not more than three dwelling 
units.  The number of base units allocated to a multiunit 
dwelling must be sufficient to contain the amount of waste 
generated by the dwelling's occupants.  This section expires 
January 1, 1995. 
    Sec. 58.  [METROPOLITAN LANDFILL SITING; EFFECT OF 
MORATORIUM AND REPEAL.] 
    (a) The effects of Laws 1991, chapter 337, sections 84 and 
90, paragraph (b), that were effective June 5, 1991 and August 
1, 1992 respectively, include that: 
     (1) no development limitation continued under Minnesota 
Statutes 1982 to 1990, section 473.806, after December 31, 1992, 
and a claim for compensation for temporary development rights 
does not exist for any time period after that date; 
    (2) the metropolitan council may use the proceeds of bonds 
issued under Minnesota Statutes 1980 to 1990, section 473.831, 
to compensate property owners for temporary development rights 
or to purchase property under Minnesota Statutes 1984 to 1990, 
section 473.840, if the time period for which compensation for 
temporary development rights is claimed occurred prior to 
December 31, 1992, or if the request for purchase of the 
property was received prior to June 5, 1991; and 
    (3) a metropolitan county that acquired property under 
Minnesota Statutes 1984 to 1990, section 473.840, shall sell the 
property, subject to the approval of the metropolitan council. 
    (b) A county may lease or rent property that must be sold 
under paragraph (a), subject to approval of the metropolitan 
council, and may maintain property and casualty insurance on the 
property until ownership of the property is transferred.  The 
county shall remit to the council any proceeds from leasing, 
renting, or selling property subject to this paragraph, less the 
reasonable expenses of the county to maintain the value of the 
property and to transfer ownership.  The council shall use money 
remitted to it under this paragraph to retire solid waste debt 
incurred under Minnesota Statutes 1980 to 1990, section 473.831. 
    Sec. 59.  [PENALTIES FOR ENVIRONMENTAL VIOLATIONS; LIST.] 
    (a) The attorney general shall compile a complete list of 
existing civil and criminal penalties for violations of laws and 
rules administered by the pollution control agency. 
    (b) The list must be submitted by February 1, 1994, to the 
senate and house of representatives committees on environment 
and natural resources, the senate committee on crime prevention, 
and the house of representatives committee on judiciary. 
    Sec. 60.  [USE OF STATE FUNDS TO INVESTIGATE ENVIRONMENTAL 
VIOLATIONS.] 
    The attorney general may not use state funds to investigate 
violations of Minnesota Statutes, chapter 115 or 116 or section 
609.671 unless the attorney general has developed a written 
policy in consultation with the commissioner of the pollution 
control agency regarding how these investigations are to be 
conducted.  
    Sec. 61.  [INSTRUCTION TO REVISOR.] 
    The revisor of statutes shall delete the phrases "used oil" 
and "used motor oil" in Minnesota Statutes, sections 115A.03, 
subdivision 21; 115A.551, subdivision 1; and 115A.935; and 
insert the phrase "motor and vehicle fluids and filters." 
    Sec. 62.  [EFFECTIVE DATE.] 
    Section 2, subdivisions 1 and 2, are effective July 1, 1996.
Section 16 is effective January 1, 1994, except it is effective 
for motor oil filters generated by households on January 1, 
1995.  Sections 22 and 31 are effective August 1, 1994.  Section 
26 is effective the day following final enactment, except 
subdivision 2 is effective August 1, 1993.  Section 34 is 
effective January 1, 1997.  Section 38 is effective May 20, 
1971.  Section 60 is effective December 31, 1993. 
    Presented to the governor May 15, 1993 
    Signed by the governor May 19, 1993, 3:40 p.m.