Bill Text: MN HF128 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Solid waste collection organization implementation process for cities amended.
Sponsorship: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2013-05-02 - Author added Fischer [HF128 Detail]
Download: Minnesota-2013-HF128-Engrossed.html
1.2relating to solid waste; amending process for cities to implement organized
1.3collection of solid waste;amending Minnesota Statutes 2012, section 115A.94,
1.4subdivisions 2, 5, by adding subdivisions; repealing Minnesota Statutes 2012,
1.5section 115A.94, subdivision 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 115A.94, subdivision 2, is amended to read:
1.8 Subd. 2. Local authority. A city or town may organize collection, after public
1.9notification and hearing as required insubdivision 4 subdivisions 4a to 4d. A county
1.10may organize collection as provided in subdivision 5. A city or town that has organized
1.11collection as of May 1, 2013, is exempt from subdivisions 4a to 4d.
1.12 Sec. 2. Minnesota Statutes 2012, section 115A.94, is amended by adding a subdivision
1.13to read:
1.14 Subd. 4a. Committee establishment. (a) Before implementing an ordinance,
1.15franchise, license, contract, or other means of organizing collection, a city or town,
1.16by resolution of the governing body, must establish an organized collection options
1.17committee to identify, examine, and evaluate various methods of organized collection.
1.18The governing body shall appoint the committee members.
1.19(b) The organized collection options committee is subject to chapter 13D.
1.20 Sec. 3. Minnesota Statutes 2012, section 115A.94, is amended by adding a subdivision
1.21to read:
1.22 Subd. 4b. Committee duties. The committee established under subdivision 4a shall:
1.23(1) determine which methods of organized collection to examine, which must include:
2.1(i) a system in which a single collector collects solid waste from all sections of
2.2a city or town; and
2.3(ii) a system in which multiple collectors, either singly or as members of an
2.4organization of collectors, collect solid waste from different sections of a city or town;
2.5(2) establish a list of criteria on which the organized collection methods selected
2.6for examination will be evaluated, which may include: costs to residential subscribers,
2.7miles driven by collection vehicles on city streets and alleys, initial and operating costs
2.8to the city of implementing the organized collection system, providing incentives for
2.9waste reduction, impacts on solid waste collectors, and other physical, economic, fiscal,
2.10social, environmental, and aesthetic impacts;
2.11(3) collect information regarding the operation and efficacy of existing methods of
2.12organized collection in other cities and towns;
2.13(4) seek input from, at a minimum:
2.14(i) the governing body of the city or town;
2.15(ii) the local official of the city or town responsible for solid waste issues;
2.16(iii) persons currently licensed to operate solid waste collection and recycling
2.17services in the city or town; and
2.18(iv) residents of the city or town who currently pay for residential solid waste
2.19collection services; and
2.20(5) issue a report on the committee's research, findings, and any recommendations to
2.21the governing body of the city or town.
2.22 Sec. 4. Minnesota Statutes 2012, section 115A.94, is amended by adding a subdivision
2.23to read:
2.24 Subd. 4c. Governing body; implementation. The governing body of the city or
2.25town shall consider the report and recommendations of the organized collection options
2.26committee. The governing body must provide public notice and hold at least one public
2.27hearing before deciding whether to implement organized collection. Organized collection
2.28may begin no sooner than six months after the effective date of the decision of the
2.29governing body of the city or town to implement organized collection.
2.30 Sec. 5. Minnesota Statutes 2012, section 115A.94, is amended by adding a subdivision
2.31to read:
2.32 Subd. 4d. Participating collectors proposal requirement. Prior to establishing a
2.33committee under subdivision 4a to consider organizing residential solid waste collection, a
2.34city or town with more than one licensed collector must notify the public and all licensed
3.1collectors in the community. The city or town must provide a 60-day period in which
3.2meetings and negotiations shall occur exclusively between licensed collectors and the
3.3city or town to develop a proposal in which interested licensed collectors, as members
3.4of an organization of collectors, collect solid waste from designated sections of the city
3.5or town. The proposal shall include identified city or town priorities, including issues
3.6related to zone creation, traffic, safety, environmental performance, service provided,
3.7and price, and shall reflect existing haulers maintaining their respective market share of
3.8business as determined by each hauler's average customer count during the six months
3.9prior to the commencement of the 60-day negotiation period. If an existing hauler opts to
3.10be excluded from the proposal, the city may allocate its customers proportionally based
3.11on market share to the participating collectors who choose to negotiate. The initial
3.12organized collection agreement executed under this subdivision must be for a period of
3.13three to seven years. Upon execution of an agreement between the participating licensed
3.14collectors and city or town, the city or town shall establish organized collection through
3.15appropriate local controls and is not required to fulfill the requirements of subdivisions
3.164a, 4b, and 4c, except that the governing body must provide the public notification and
3.17hearing required under subdivision 4c.
3.18 Sec. 6. Minnesota Statutes 2012, section 115A.94, subdivision 5, is amended to read:
3.19 Subd. 5. County organized collection. (a) A county may by ordinance require
3.20cities and towns within the county to organize collection. Organized collection ordinances
3.21of counties may:
3.22(1) require cities and towns to require the separation and separate collection of
3.23recyclable materials;
3.24(2) specify the material to be separated; and
3.25(3) require cities and towns to meet any performance standards for source separation
3.26that are contained in the county solid waste plan.
3.27(b) A county may itself organize collection undersubdivision 4 subdivisions 4a to
3.284d in any city or town that does not comply with a county organized collection ordinance
3.29adopted under this subdivision, and the county may implement, as part of its organized
3.30collection, the source separation program and performance standards required by its
3.31organized collection ordinance.
3.32 Sec. 7. REPEALER.
3.33Minnesota Statutes 2012, section 115A.94, subdivision 4, is repealed.
4.1 Sec. 8. EFFECTIVE DATE.
4.2This act is effective the day following final enactment.
1.3collection of solid waste;amending Minnesota Statutes 2012, section 115A.94,
1.4subdivisions 2, 5, by adding subdivisions; repealing Minnesota Statutes 2012,
1.5section 115A.94, subdivision 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 115A.94, subdivision 2, is amended to read:
1.8 Subd. 2. Local authority. A city or town may organize collection, after public
1.9notification and hearing as required in
1.10may organize collection as provided in subdivision 5. A city or town that has organized
1.11collection as of May 1, 2013, is exempt from subdivisions 4a to 4d.
1.12 Sec. 2. Minnesota Statutes 2012, section 115A.94, is amended by adding a subdivision
1.13to read:
1.14 Subd. 4a. Committee establishment. (a) Before implementing an ordinance,
1.15franchise, license, contract, or other means of organizing collection, a city or town,
1.16by resolution of the governing body, must establish an organized collection options
1.17committee to identify, examine, and evaluate various methods of organized collection.
1.18The governing body shall appoint the committee members.
1.19(b) The organized collection options committee is subject to chapter 13D.
1.20 Sec. 3. Minnesota Statutes 2012, section 115A.94, is amended by adding a subdivision
1.21to read:
1.22 Subd. 4b. Committee duties. The committee established under subdivision 4a shall:
1.23(1) determine which methods of organized collection to examine, which must include:
2.1(i) a system in which a single collector collects solid waste from all sections of
2.2a city or town; and
2.3(ii) a system in which multiple collectors, either singly or as members of an
2.4organization of collectors, collect solid waste from different sections of a city or town;
2.5(2) establish a list of criteria on which the organized collection methods selected
2.6for examination will be evaluated, which may include: costs to residential subscribers,
2.7miles driven by collection vehicles on city streets and alleys, initial and operating costs
2.8to the city of implementing the organized collection system, providing incentives for
2.9waste reduction, impacts on solid waste collectors, and other physical, economic, fiscal,
2.10social, environmental, and aesthetic impacts;
2.11(3) collect information regarding the operation and efficacy of existing methods of
2.12organized collection in other cities and towns;
2.13(4) seek input from, at a minimum:
2.14(i) the governing body of the city or town;
2.15(ii) the local official of the city or town responsible for solid waste issues;
2.16(iii) persons currently licensed to operate solid waste collection and recycling
2.17services in the city or town; and
2.18(iv) residents of the city or town who currently pay for residential solid waste
2.19collection services; and
2.20(5) issue a report on the committee's research, findings, and any recommendations to
2.21the governing body of the city or town.
2.22 Sec. 4. Minnesota Statutes 2012, section 115A.94, is amended by adding a subdivision
2.23to read:
2.24 Subd. 4c. Governing body; implementation. The governing body of the city or
2.25town shall consider the report and recommendations of the organized collection options
2.26committee. The governing body must provide public notice and hold at least one public
2.27hearing before deciding whether to implement organized collection. Organized collection
2.28may begin no sooner than six months after the effective date of the decision of the
2.29governing body of the city or town to implement organized collection.
2.30 Sec. 5. Minnesota Statutes 2012, section 115A.94, is amended by adding a subdivision
2.31to read:
2.32 Subd. 4d. Participating collectors proposal requirement. Prior to establishing a
2.33committee under subdivision 4a to consider organizing residential solid waste collection, a
2.34city or town with more than one licensed collector must notify the public and all licensed
3.1collectors in the community. The city or town must provide a 60-day period in which
3.2meetings and negotiations shall occur exclusively between licensed collectors and the
3.3city or town to develop a proposal in which interested licensed collectors, as members
3.4of an organization of collectors, collect solid waste from designated sections of the city
3.5or town. The proposal shall include identified city or town priorities, including issues
3.6related to zone creation, traffic, safety, environmental performance, service provided,
3.7and price, and shall reflect existing haulers maintaining their respective market share of
3.8business as determined by each hauler's average customer count during the six months
3.9prior to the commencement of the 60-day negotiation period. If an existing hauler opts to
3.10be excluded from the proposal, the city may allocate its customers proportionally based
3.11on market share to the participating collectors who choose to negotiate. The initial
3.12organized collection agreement executed under this subdivision must be for a period of
3.13three to seven years. Upon execution of an agreement between the participating licensed
3.14collectors and city or town, the city or town shall establish organized collection through
3.15appropriate local controls and is not required to fulfill the requirements of subdivisions
3.164a, 4b, and 4c, except that the governing body must provide the public notification and
3.17hearing required under subdivision 4c.
3.18 Sec. 6. Minnesota Statutes 2012, section 115A.94, subdivision 5, is amended to read:
3.19 Subd. 5. County organized collection. (a) A county may by ordinance require
3.20cities and towns within the county to organize collection. Organized collection ordinances
3.21of counties may:
3.22(1) require cities and towns to require the separation and separate collection of
3.23recyclable materials;
3.24(2) specify the material to be separated; and
3.25(3) require cities and towns to meet any performance standards for source separation
3.26that are contained in the county solid waste plan.
3.27(b) A county may itself organize collection under
3.284d in any city or town that does not comply with a county organized collection ordinance
3.29adopted under this subdivision, and the county may implement, as part of its organized
3.30collection, the source separation program and performance standards required by its
3.31organized collection ordinance.
3.32 Sec. 7. REPEALER.
3.33Minnesota Statutes 2012, section 115A.94, subdivision 4, is repealed.
4.1 Sec. 8. EFFECTIVE DATE.
4.2This act is effective the day following final enactment.
