HF 1326

as introduced - 89th Legislature (2015 - 2016) Posted on 03/10/2015 08:45am

A bill for an act
relating to environment; modifying public entity purchasing requirements;
modifying recycling and solid waste provisions; modifying subsurface sewage
treatment systems provisions; modifying compensable losses due to harmful
substances; modifying eligibility for certain grants; requiring rulemaking;
amending Minnesota Statutes 2014, sections 16C.073, subdivision 2; 115.55,
subdivision 1; 115.56, subdivision 2; 115A.03, subdivisions 25b, 25c, by adding
a subdivision; 115A.1310, subdivision 15; 115A.1415, subdivision 1; 115A.93,
subdivisions 1, 3; 115A.94, subdivision 3; 115B.34, subdivision 2; 446A.073,
subdivisions 1, 3, 4; 473.8441.

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

Section 1.

Minnesota Statutes 2014, section 16C.073, subdivision 2, is amended to read:

Subd. 2.

Purchases; printing.

(a) Whenever practicable, a public entity shall:

(1) purchase uncoated copy paper, office paper, and printing paper;

(2) purchase recycled content copy paper with at least ten 30 percent postconsumer
material by weight and purchase printing and office paper with at least ten percent
postconsumer material by weight;

(3) purchase copy, office, and printing paper which has not been dyed with colors,
excluding pastel colors;

(4) purchase recycled content copy, office, and printing 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) (5) use reusable binding materials or staples and bind documents by methods
that do not use glue;

(7) (6) use soy-based inks;

(8) (7) produce reports, publications, and periodicals that are readily recyclable
within the state resource recovery program; and

(9) (8) purchase paper which has been made on a paper machine located in Minnesota.

(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 16C.0725, copier paper
purchased by a state agency must contain at least ten percent postconsumer material by
fiber content.

Sec. 2.

Minnesota Statutes 2014, section 115.55, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to sections
115.55 to 115.56.

(b) "Advisory committee" means the Advisory Committee on Subsurface Sewage
Treatment Systems established under the subsurface sewage treatment system rules. The
advisory committee must be appointed to ensure geographic representation of the state
and include elected public officials.

(c) "Applicable requirements" means:

(1) local ordinances that comply with the subsurface sewage treatment system rules,
as required in subdivision 2; or

(2) in areas without compliant ordinances described in clause (1), the subsurface
sewage treatment system rules.

(d) "Building sewer connected to a subsurface sewage treatment system" means the
pipe that connects a structure to a subsurface sewage treatment system. Building sewers
connected to subsurface sewage treatment systems are codefined as both plumbing and
subsurface sewage treatment system components.

(d) (e) "City" means a statutory or home rule charter city.

(e) (f) "Commissioner" means the commissioner of the Pollution Control Agency.

(f) (g) "Dwelling" means a building or place used or intended to be used by human
occupants as a single-family or two-family unit.

(g) (h) "Subsurface sewage treatment system" or "system" means a sewage treatment
system, or part thereof, that uses subsurface soil treatment and disposal, or a holding tank,
serving a dwelling, other establishment, or a group thereof, and that does not require a
state permit. Subsurface sewage treatment system includes a building sewer connected
to a subsurface sewage treatment system.

(h) (i) "Subsurface sewage treatment system professional" means an inspector,
installer, designer, service provider, or maintainer.

(i) (j) "Subsurface sewage treatment system rules" means rules adopted by the
agency that establish minimum standards and criteria for the design, location, installation,
use, maintenance, and closure of subsurface sewage treatment systems.

(j) (k) "Inspector" means a person who inspects subsurface sewage treatment
systems for compliance with the applicable requirements.

(k) (l) "Installer" means a person who constructs or repairs subsurface sewage
treatment systems.

(l) (m) "Local unit of government" means a township, city, or county.

(m) (n) "Performance-based system" means a system that is designed specifically
for environmental conditions on a site and is designed to adequately protect the public
health and the environment and provide consistent, reliable, long-term performance. At a
minimum, a performance based system must ensure that applicable water quality standards
are met in both ground and surface water that ultimately receive the treated sewage.

(n) (o) "Maintainer " means a person who removes solids and liquids from and
maintains and repairs components of subsurface sewage treatment systems including, but
not limited to, sewage, aerobic, and holding tanks.

(o) (p) "Seasonal dwelling" means a dwelling that is occupied or used for less than
180 days per year and less than 120 consecutive days.

(p) (q) "Septic system tank" means any covered receptacle designed, constructed,
and installed as part of a subsurface sewage treatment system.

(q) (r) "Designer" means a person who:

(1) investigates soils and site characteristics to determine suitability, limitations, and
sizing requirements; and

(2) designs subsurface sewage treatment systems.

(r) (s) "Straight-pipe system" means a sewage disposal system that transports raw or
partially treated sewage directly to a lake, a stream, a drainage system, or ground surface.

Sec. 3.

Minnesota Statutes 2014, section 115.56, subdivision 2, is amended to read:

Subd. 2.

License required.

(a) Except as provided in paragraph (b), a person may
not design, install, maintain, pump, inspect, or provide service to a subsurface sewage
treatment system without a license issued by the commissioner. Licenses issued under this
section allow work on subsurface sewage treatment systems that do not require a state
permit using prescriptive designs and design guidances provided by the agency. Licensees
who design systems using these prescriptive designs and design guidances are not subject
to the additional licensing requirements of section 326.03.

(b) A license is not required for a person who complies with the applicable
requirements if the person is:

(1) a qualified employee of state or local government who is a certified professional;

(2) an individual who constructs a subsurface sewage treatment system on land that
is owned or leased by the individual and functions solely as the individual's dwelling or
seasonal dwelling, unless specifically disallowed in local ordinance. A person constructing
a subsurface sewage treatment system under this clause must comply with all local
administrative and technical requirements. In addition, the system must be inspected
before being covered and a compliance report must be provided to the local unit of
government after the inspection;

(3) a farmer who pumps and disposes of sewage waste from subsurface sewage
treatment systems, holding tanks, and privies on land that is owned or leased by the
farmer; or

(4) an individual who performs labor or services for a licensed business under this
section in connection with the design, installation, operation, pumping, or inspection of a
subsurface sewage treatment system at the direction and under the personal supervision of
a person certified under this section.

(c) The commissioner, in conjunction with the University of Minnesota Extension
Service or another higher education institution, shall ensure adequate training and design
guidance exists for subsurface sewage treatment system certified professionals.

(d) The commissioner shall conduct examinations to test the knowledge of applicants
for certification and shall issue documentation of certification.

(e) Licenses may be issued only upon submission of general liability insurance, a
corporate surety bond in the amount of at least $10,000 $25,000, and the name of the
individual who will be the designated certified individual for that business. The bond may
be for both plumbing work and subsurface sewage treatment work if the bond complies
with the requirements of this section and satisfies the requirements and references
identified in section 326B.46, subdivision 2.

(f) Local units of government may not require additional local licenses for
subsurface sewage treatment system businesses.

(g) No other professional license under section 326.03 is required to design, install,
maintain, inspect, or provide service for a subsurface sewage treatment system that does
not require a state permit using prescriptive designs and design guidances provided by
the agency if the system designer, installer, maintainer, inspector, or service provider
is licensed under this subdivision and the local unit of government has not adopted
additional requirements.

Sec. 4.

Minnesota Statutes 2014, section 115A.03, subdivision 25b, is amended to read:

Subd. 25b.

Recycling.

"Recycling" means the process of collecting and preparing
recyclable materials and reusing the materials in their original form or using them in
manufacturing processes that do not cause the destruction of recyclable materials in a
manner that precludes further use.

Sec. 5.

Minnesota Statutes 2014, section 115A.03, subdivision 25c, is amended 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. 6.

Minnesota Statutes 2014, section 115A.03, is amended by adding a subdivision
to read:

Subd. 28c.

Reuse.

"Reuse" means to rent, acquire, donate, or sell a product without
altering its properties, to be used again for its original or similar purpose, to extend the
life of the product and replace the need for a new product. Reuse includes product repair.
Reuse does not include recycling.

Sec. 7.

Minnesota Statutes 2014, section 115A.1310, subdivision 15, is amended to read:

Subd. 15.

Recycling.

"Recycling" means the process of collecting and preparing
video display devices or covered electronic devices for use in manufacturing processes or
for recovery of usable materials followed by delivery of such materials for use. Recycling
does not include the destruction by incineration or other process or land disposal of
recyclable materials nor reuse, repair, or any other process through which video display
devices or covered electronic devices are returned to use for households in their original
form.

Sec. 8.

Minnesota Statutes 2014, section 115A.1415, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section, the following terms have
the meanings given:

(1) "architectural paint" means interior and exterior architectural coatings sold in
containers of five gallons or less. Architectural paint does not include industrial coatings,
original equipment coatings, or specialty coatings;

(2) "brand" means a name, symbol, word, or mark that identifies architectural paint,
rather than its components, and attributes the paint to the owner or licensee of the brand as
the producer;

(3) "discarded paint" means architectural paint that is no longer used for its
manufactured purpose;

(4) "producer" means a person that:

(i) has legal ownership of the brand, brand name, or cobrand of architectural paint
sold in the state;

(ii) imports architectural paint branded by a producer that meets item (i) when the
producer has no physical presence in the United States;

(iii) if items (i) and (ii) do not apply, makes unbranded architectural paint that is
sold in the state; or

(iv) sells architectural paint at wholesale or retail, does not have legal ownership of
the brand, and elects to fulfill the responsibilities of the producer for the architectural paint
by certifying that election in writing to the commissioner;

(5) "recycling" means the process of collecting and preparing recyclable materials and
reusing the materials in their original form or using them in manufacturing processes that
do not cause the destruction of recyclable materials in a manner that precludes further use;

(6) "retailer" means any person who offers architectural paint for sale at retail in
the state;

(7) "reuse" means donating or selling collected architectural paint back into the
market for its original intended use, when the architectural paint retains its original
purpose and performance characteristics;

(8) "sale" or "sell" means transfer of title of architectural paint for consideration,
including a remote sale conducted through a sales outlet, catalog, Web site, or similar
electronic means. Sale or sell includes a lease through which architectural paint is
provided to a consumer by a producer, wholesaler, or retailer;

(9) "stewardship assessment" means the amount added to the purchase price of
architectural paint sold in the state that is necessary to cover the cost of collecting,
transporting, and processing postconsumer architectural paint by the producer or
stewardship organization pursuant to a product stewardship program;

(10) "stewardship organization" means an organization appointed by one or more
producers to act as an agent on behalf of the producer to design, submit, and administer a
product stewardship program under this section; and

(11) "stewardship plan" means a detailed plan describing the manner in which a
product stewardship program under subdivision 2 will be implemented.

Sec. 9.

Minnesota Statutes 2014, section 115A.93, subdivision 1, is amended to read:

Subdivision 1.

License and registration required.

(a) A person may not collect
mixed municipal solid waste for hire without a license from the jurisdiction where the
mixed municipal solid waste is collected. The local licensing entity shall submit a list of
licensed collectors to the agency.

(b) A person may not collect recyclable materials for hire unless registered with the
agency. If a person is licensed under paragraph (a), the person need not register with
the agency under this paragraph.

Sec. 10.

Minnesota Statutes 2014, section 115A.93, subdivision 3, is amended to read:

Subd. 3.

License and registration requirements; pricing based on volume or
weight.

(a) A licensing authority shall require licensees to impose charges for collection of
mixed municipal solid waste that increase with the volume or weight of the waste collected.

(b) A licensing authority may impose requirements that are consistent with the
county's solid waste policies as a condition of receiving and maintaining a license.

(c) A licensing authority shall prohibit mixed municipal solid waste collectors from
imposing a greater charge on residents who recycle than on residents who do not recycle.

(d) Collectors of mixed municipal solid waste or recyclable materials shall provide
the following information to the agency on an annual basis:

(1) the quantity of mixed municipal solid waste and recyclable materials collected,
reported by commercial sector and by residential sector;

(2) the destination of mixed municipal solid waste and recyclable materials; and

(3) the county of origin of the waste or recyclable materials.

(d) (e) The commissioner may exempt a licensing authority from the requirements of
paragraph (a) if the county within which the authority is located has an approved solid
waste management plan that concludes that variable rate pricing is not appropriate for that
jurisdiction because it is inconsistent with other incentives and mechanisms implemented
within the jurisdiction that are more effective in attaining the goals of this chapter to
discourage on-site disposal, littering, and illegal dumping.

(e) (f) In the interim between revisions to the county solid waste management plan,
the commissioner may exempt a licensing authority from the requirements of paragraph
(a) if the commissioner makes the determination otherwise made by the plan in paragraph
(d) (e) and finds that the licensing authority:

(1) operates or contracts for the operation of a residential recycling program that
collects more categories of recyclable materials than required in section 115A.552;

(2) has a residential participation rate in its recycling programs of at least 70 percent
or in excess of the participation rate for the county in which it is located, whichever
is greater; and

(3) is located in a county that has exceeded the recycling goals in section 115A.551.

An exemption granted by the commissioner in the interim between revisions to the county
solid waste management plan is only effective until the county solid waste management
plan is revised.

Sec. 11.

Minnesota Statutes 2014, 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 shall invite and employ the assistance of interested
persons, including persons licensed to operate solid waste collection services in the local
government unit, in developing plans and proposals for organized collection and in
establishing the organized collection system.

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

Sec. 12.

Minnesota Statutes 2014, section 115B.34, subdivision 2, is amended to read:

Subd. 2.

Property damage losses.

(a) Losses compensable by the fund for property
damage are limited to the following losses caused by damage to the principal residence of
the claimant:

(1) the reasonable cost of replacing or decontaminating the primary source of
drinking water for the property not to exceed the amount actually expended by the
claimant or assessed by a local taxing authority, if the Department of Health has confirmed
that the remedy provides safe drinking water and advised that the water not be used for
drinking or determined that the replacement or decontamination of the source of drinking
water was necessary, up to a maximum of $25,000;

(2) the reasonable cost to install a mitigation system for the claimant's principal
residence, not to exceed the amount actually expended by the claimant, if the agency has
recommended such installation to protect human health due to soil vapor intrusion into
the residence from releases of harmful substances. Reimbursement of eligible claims
shall not exceed $25,000;

(2) (3) losses incurred as a result of a bona fide sale of the property at less than
the appraised market value under circumstances that constitute a hardship to the owner,
limited to 75 percent of the difference between the appraised market value and the selling
price, but not to exceed $25,000; and

(3) (4) losses incurred as a result of the inability of an owner in hardship circumstances
to sell the property due to the presence of harmful substances, limited to the increase in
costs associated with the need to maintain two residences, but not to exceed $25,000.

(b) In computation of the loss under paragraph (a), clause (3) (4), the agency shall
offset the loss by the amount of any income received by the claimant from the rental
of the property.

(c) For purposes of paragraph (a), the following definitions apply:

(1) "appraised market value" means an appraisal of the market value of the property
disregarding any decrease in value caused by the presence of a harmful substance in
or on the property; and

(2) "hardship" means an urgent need to sell the property based on a special
circumstance of the owner including catastrophic medical expenses, inability of the owner
to physically maintain the property due to a physical or mental condition, and change of
employment of the owner or other member of the owner's household requiring the owner
to move to a different location.

(d) Appraisals are subject to agency approval. The agency may adopt rules
governing approval of appraisals, criteria for establishing a hardship, and other matters
necessary to administer this subdivision.

Sec. 13.

Minnesota Statutes 2014, section 446A.073, subdivision 1, is amended to read:

Subdivision 1.

Program established.

When money is appropriated for grants
under this program, the authority shall award grants up to a maximum of $3,000,000 to
governmental units to cover up to one-half the cost of wastewater treatment or storm water
infrastructure projects made necessary by:

(1) a wasteload reduction prescribed under a total maximum daily load plan required
by section 303(d) of the federal Clean Water Act, United States Code, title 33, section
1313(d);

(2) a phosphorus concentration or mass limit which requires discharging one
milligram per liter or less at permitted design flow which is incorporated into a permit
issued by the Pollution Control Agency;

(3) any other water quality-based effluent limit established under section 115.03,
subdivision 1, paragraph (e), clause (8), and incorporated into a permit issued by the
Pollution Control Agency that exceeds secondary treatment limits; or

(4) a total nitrogen limit of ten milligrams per liter or less for a land-based treatment
system.

Sec. 14.

Minnesota Statutes 2014, section 446A.073, subdivision 3, is amended to read:

Subd. 3.

Project priorities.

When money is appropriated for grants under this
program, the authority shall accept applications during the month of July and reserve
money for projects expected to proceed with construction by the end of the fiscal year in
the order listed on the Pollution Control Agency's project priority list and in an amount
based on the cost estimate submitted to the authority in the grant application or the as-bid
costs, whichever is less. Notwithstanding Minnesota Rules, chapter 7077, the Pollution
Control Agency may rank a drinking water infrastructure project on its project priority list
that is necessary to meet the applicable requirement in subdivision 1.

Sec. 15.

Minnesota Statutes 2014, section 446A.073, subdivision 4, is amended to read:

Subd. 4.

Grant approval.

The authority must make a grant for an eligible project
only after:

(1) the applicant has submitted the as-bid cost for the wastewater treatment or storm
water infrastructure project;

(2) the Pollution Control Agency has approved the as-bid costs and certified the
grant eligible portion of the project; and

(3) the authority has determined that the additional financing necessary to complete
the project has been committed from other sources.

Sec. 16.

Minnesota Statutes 2014, section 473.8441, is amended to read:

473.8441 LOCAL RECYCLING DEVELOPMENT PROGRAM.

Subdivision 1.

Definitions.

"Number of households" has the meaning given in
section 477A.011, subdivision 3a.

Subd. 2.

Program.

The commissioner shall encourage the development of
permanent local waste reduction and recycling programs throughout the metropolitan
area. The commissioner shall make grants to qualifying metropolitan counties as provided
in this section.

Subd. 3.

Grants; eligible costs.

Grants may be used to pay for planning, developing,
and operating waste reduction, yard waste composting, and recycling programs.

Subd. 4.

Grant conditions.

The commissioner shall administer grants so that
the following conditions are met:

(a) A county must apply for a grant in the manner determined by the commissioner.
The application must describe the activities for which the grant will be used.

(b) The activities funded must be consistent with the metropolitan policy plan and
the county master plan.

(c) A grant must be matched by equal county expenditures for the activities for
which the grant is made.

(d) All grant funds must be used for new activities or to enhance or increase the
effectiveness of existing activities in the county.

(e) Counties shall provide support to maintain effective municipal waste reduction
or recycling programs where it is they are already established.

Subd. 5.

Grant allocation procedure.

(a) The commissioner shall distribute the
funds annually so that each qualifying county receives an equal share of 50 percent of
the 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 April 1 of each year, must
submit to the commissioner for approval a report on expenditures and activities under the
program during the preceding fiscal year and any proposed changes in its waste reduction
and recycling implementation strategy strategies or performance funding system. The
report shall be included in the county report required by section 473.803, subdivision 3.

Sec. 17. REQUIRED RULEMAKING; SUBSURFACE SEWAGE TREATMENT
SYSTEMS.

The commissioner of the Pollution Control Agency shall adopt rules, using the
expedited rulemaking process in section 14.389, that set forth procedures to conform
with the changes to Minnesota Statutes, chapter 115, under this act and to streamline the
subsurface sewage treatment system (SSTS) license application and renewal process in
a manner that:

(1) surety bond and insurance requirements of licensed SSTS businesses meet the
requirements of Minnesota Statutes, chapter 115 and section 326B.49; and

(2) properly trained SSTS installers may complete work on a building sewer with
respect to the Plumbing Code and plumbing program and SSTS designers and inspectors
may complete work on a building sewer connected to an SSTS with respect to the
Plumbing Code and plumbing program.

Sec. 18. REVISOR'S INSTRUCTION.

The revisor of statutes shall renumber Minnesota Statutes, section 115A.03,
subdivision 28b, as Minnesota Statutes, section 115A.03, subdivision 28d, and correct
the references in Minnesota Statutes and Minnesota Rules.