.................... moves to amend H.F. No. 128 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2012, section 115A.94, subdivision 2, is amended to
Subd. 2. Local authority.
A city or town may organize collection, after public
notification and hearing
as required in
subdivision 4 subdivisions 4a to 4d
. A county
may organize collection as provided in subdivision 5. A city or town that has organized
1.8collection as of May 1, 2013, is exempt from subdivisions 4a to 4d.
Sec. 2. Minnesota Statutes 2012, section 115A.94, is amended by adding a subdivision
1.11 Subd. 4a. Committee establishment. (a) Before implementing an ordinance,
1.12franchise, license, contract, or other means of organizing collection, a city or town,
1.13by resolution of the governing body, must establish an organized collection options
1.14committee to identify, examine, and evaluate various methods of organized collection.
1.15The governing body shall appoint the committee members.
1.16(b) The organized collection options committee is subject to chapter 13D.
Sec. 3. Minnesota Statutes 2012, section 115A.94, is amended by adding a subdivision
1.19 Subd. 4b. Committee duties. The committee established under subdivision 4a shall:
1.20(1) determine which methods of organized collection to examine, which must include:
1.21(i) a system in which a single collector collects solid waste from all sections of
1.22a city or town; and
1.23(ii) a system in which multiple collectors, either singly or as members of an
1.24organization of collectors, collect solid waste from different sections of a city or town;
2.1(2) establish a list of criteria on which the organized collection methods selected
2.2for examination will be evaluated, which may include: costs to residential subscribers,
2.3miles driven by collection vehicles on city streets and alleys, initial and operating costs
2.4to the city of implementing the organized collection system, providing incentives for
2.5waste reduction, impacts on solid waste collectors, and other physical, economic, fiscal,
2.6social, environmental, and aesthetic impacts;
2.7(3) collect information regarding the operation and efficacy of existing methods of
2.8organized collection in other cities and towns;
2.9(4) seek input from, at a minimum:
2.10(i) the governing body of the city or town;
2.11(ii) the local official of the city or town responsible for solid waste issues;
2.12(iii) persons currently licensed to operate solid waste collection and recycling
2.13services in the city or town; and
2.14(iv) residents of the city or town who currently pay for residential solid waste
2.15collection services; and
2.16(5) issue a report on the committee's research, findings, and any recommendations to
2.17the governing body of the city or town.
Sec. 4. Minnesota Statutes 2012, section 115A.94, is amended by adding a subdivision
2.20 Subd. 4c. Governing body; implementation. The governing body of the city or
2.21town shall consider the report and recommendations of the organized collection options
2.22committee. The governing body must provide public notice and hold at least one public
2.23hearing before deciding whether to implement organized collection. Organized collection
2.24may begin no sooner than six months after the effective date of the decision of the
2.25governing body of the city or town to implement organized collection.
Sec. 5. Minnesota Statutes 2012, section 115A.94, is amended by adding a subdivision
2.28 Subd. 4d. Participating collectors proposal requirement. Prior to establishing a
2.29committee under subdivision 4a to consider organizing residential solid waste collection, a
2.30city or town with more than one licensed collector must notify the public and all licensed
2.31collectors in the community. The city or town must provide a 60-day period in which
2.32meetings and negotiations shall occur exclusively between licensed collectors and the
2.33city or town to develop a proposal in which interested licensed collectors, as members
2.34of an organization of collectors, collect solid waste from designated sections of the city
3.1or town. The proposal shall include identified city or town priorities, including issues
3.2related to zone creation, traffic, safety, environmental performance, service provided,
3.3and price, and shall reflect existing haulers maintaining their respective market share of
3.4business as determined by each hauler's average customer count during the six months
3.5prior to the commencement of the 60-day negotiation period. If an existing hauler opts
3.6to be excluded from the proposal, the city may allocate their customers proportionally
3.7based on market share to the participating collectors who choose to negotiate. The initial
3.8organized collection agreement executed under this subdivision must be for a period of
3.9three to seven years. Upon execution of an agreement between the participating licensed
3.10collectors and city or town, the city or town shall establish organized collection through
3.11appropriate local controls and is not required to fulfill the requirements of subdivisions
3.124a, 4b, and 4c, except that the governing body must provide the public notification and
3.13hearing required under subdivision 4c.
Sec. 6. Minnesota Statutes 2012, 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
(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 subdivisions 4a to
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. 7. REPEALER.
3.29Minnesota Statutes 2012, section 115A.94, subdivision 4, is repealed.
Sec. 8. EFFECTIVE DATE.
3.31This act is effective the day following final enactment.
Amend the title accordingly