1.1                          A bill for an act 
  1.2             relating to environment; requiring toxic pollution 
  1.3             prevention plans to include specific provisions on 
  1.4             reducing persistent bioaccumulative toxic chemicals; 
  1.5             providing a surcharge on releases of persistent 
  1.6             bioaccumulative toxic chemicals; providing for 
  1.7             information on persistent bioaccumulative toxic 
  1.8             chemicals for pollution permits; providing funding for 
  1.9             the pollution prevention program relating to 
  1.10            persistent bioaccumulative toxic chemicals; 
  1.11            authorizing the sale of state bonds; appropriating 
  1.12            money; amending Minnesota Statutes 2000, sections 
  1.13            16B.122, subdivision 3; 17.135; 115D.03, by adding 
  1.14            subdivisions; 115D.07, subdivision 2; 115D.08, 
  1.15            subdivision 1; 115D.10; 115D.12, subdivision 1, by 
  1.16            adding a subdivision; 116.07, by adding a subdivision. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 2000, section 16B.122, 
  1.19  subdivision 3, is amended to read: 
  1.20     Subd. 3.  [PUBLIC ENTITY PURCHASING.] (a) Notwithstanding 
  1.21  section 365.37, 375.21, 412.311, or 473.705, a public entity may 
  1.22  purchase recycled materials when the price of the recycled 
  1.23  materials does not exceed the price of nonrecycled materials by 
  1.24  more than ten percent.  In order to maximize the quantity and 
  1.25  quality of recycled materials purchased, a public entity also 
  1.26  may use other appropriate procedures to acquire recycled 
  1.27  materials at the most economical cost to the public entity. 
  1.28     (b) When purchasing commodities and services, a public 
  1.29  entity shall apply and promote the preferred waste management 
  1.30  practices listed in section 115A.02, with special emphasis on 
  1.31  reduction of the quantity and toxicity of materials in waste.  A 
  2.1   public entity, in developing bid specifications, shall consider 
  2.2   the extent to which a commodity or product is durable, reusable, 
  2.3   or recyclable and marketable through the applicable local or 
  2.4   regional recycling program and the extent to which the commodity 
  2.5   or product contains postconsumer material.  When a project by a 
  2.6   public entity involves the replacement of carpeting, the public 
  2.7   entity may require all persons who wish to bid on the project to 
  2.8   designate a carpet recycling company in their bids. 
  2.9      (c) After January 1, 2006, a state agency may not purchase 
  2.10  products that produce dioxin when manufactured or when combusted 
  2.11  in a resource recovery facility. 
  2.12     Sec. 2.  Minnesota Statutes 2000, section 17.135, is 
  2.13  amended to read: 
  2.14     17.135 [FARM DISPOSAL OF SOLID WASTE.] 
  2.15     (a) A permit is not required from a state agency, except 
  2.16  under sections 88.16, 88.17, and 88.22 for a person who owns or 
  2.17  operates land used for farming that buries, or burns and buries, 
  2.18  solid waste generated from the person's household or as part of 
  2.19  the person's farming operation if the burying is done in a 
  2.20  nuisance free, pollution free, and aesthetic manner on the land 
  2.21  used for farming.  This exception does not apply if applies only 
  2.22  in areas of a county where the county board by resolution has 
  2.23  determined that regularly scheduled pickup of solid waste is not 
  2.24  reasonably available at the person's farm, as determined by 
  2.25  resolution of the county board of the county where the person's 
  2.26  farm is located. 
  2.27     (b) This exemption does not apply to burning tires or 
  2.28  plastics, except plastic baling twine, or to burning or burial 
  2.29  of the following materials: 
  2.30     (1) household hazardous waste as defined in section 
  2.31  115A.96, subdivision 1; 
  2.32     (2) appliances, including but not limited to, major 
  2.33  appliances as defined in section 115A.03, subdivision 17a; 
  2.34     (3) household batteries; 
  2.35     (4) used motor oil; and 
  2.36     (5) lead acid batteries from motor vehicles. 
  3.1      (c) Not later than ten business days after an application 
  3.2   for an exemption under paragraph (a) is submitted, the county 
  3.3   must provide notice to: 
  3.4      (1) the office of environmental assistance; 
  3.5      (2) each resident and each owner of real property within 
  3.6   the exempt area; and 
  3.7      (3) each resident and each owner of real property within 
  3.8   5,000 feet of the perimeter of the exempt area.  The notice may 
  3.9   be delivered by first class mail, in person, or by the 
  3.10  publication in a newspaper of general circulation within the 
  3.11  exempt area. 
  3.12     Sec. 3.  Minnesota Statutes 2000, section 115D.03, is 
  3.13  amended by adding a subdivision to read: 
  3.14     Subd. 6b.  [MINIMUM OBTAINABLE DISCHARGE LEVEL.] "Minimum 
  3.15  obtainable discharge level" means: 
  3.16     (1) the most stringent discharge level that is contained in 
  3.17  a state implementation plan of any state for the class or 
  3.18  category of stationary sources, unless the owner or operator 
  3.19  demonstrates that such limitations are not achievable; or 
  3.20     (2) the most stringent discharge level that is achieved in 
  3.21  practice by the class or category of stationary sources 
  3.22  somewhere in the United States. 
  3.23     Sec. 4.  Minnesota Statutes 2000, section 115D.03, is 
  3.24  amended by adding a subdivision to read: 
  3.25     Subd. 6c.  [PERSISTENT BIOACCUMULATIVE TOXIC CHEMICALS.] (a)
  3.26  "Persistent bioaccumulative toxic chemicals" are chemicals, 
  3.27  including compounds containing the chemicals, that have all 
  3.28  three of the following attributes: 
  3.29     (1) persistence:  they do not readily break down in the 
  3.30  environment; 
  3.31     (2) bioaccumulative:  they are not easily metabolized and 
  3.32  can accumulate in human or ecological food chains through 
  3.33  consumption or uptake; and 
  3.34     (3) toxic:  they may be hazardous to human health or the 
  3.35  environment in a variety of ways. 
  3.36     (b) The list of toxic chemicals of special concern provided 
  4.1   in Code of Federal Regulations, title 40, section 372.28, is the 
  4.2   list of persistent bioaccumulative toxic chemicals.  The 
  4.3   director may add or delete a chemical from the list, by rule, 
  4.4   based on the criteria in paragraph (a). 
  4.5      Sec. 5.  Minnesota Statutes 2000, section 115D.07, 
  4.6   subdivision 2, is amended to read: 
  4.7      Subd. 2.  [CONTENTS OF PLAN.] (a) Each toxic pollution 
  4.8   prevention plan must establish a program identifying the 
  4.9   specific technically and economically practicable steps that 
  4.10  could be taken during at least the three years following the 
  4.11  date the plan is due, to eliminate or reduce the generation or 
  4.12  release of toxic pollutants reported by the facility.  Toxic 
  4.13  pollutants resulting solely from research and development 
  4.14  activities need not be included in the plan.  
  4.15     (b) At a minimum, each plan must include: 
  4.16     (1) a policy statement articulating upper management 
  4.17  support for eliminating or reducing the generation or release of 
  4.18  toxic pollutants at the facility; 
  4.19     (2) a description of the current processes generating or 
  4.20  releasing toxic pollutants that specifically describes the 
  4.21  types, sources, and quantities of toxic pollutants currently 
  4.22  being generated or released by the facility; 
  4.23     (3) a description of the current and past practices used to 
  4.24  eliminate or reduce the generation or release of toxic 
  4.25  pollutants at the facility and an evaluation of the 
  4.26  effectiveness of these practices; 
  4.27     (4) an assessment of technically and economically 
  4.28  practicable options available to eliminate or reduce the 
  4.29  generation or release of toxic pollutants at the facility, 
  4.30  including options such as changing the raw materials, operating 
  4.31  techniques, equipment and technology, personnel training, and 
  4.32  other practices used at the facility.  The assessment may 
  4.33  include a cost benefit analysis of the available options; 
  4.34     (5) a statement of objectives based on the assessment in 
  4.35  clause (4) and a schedule for achieving those objectives.  
  4.36  Wherever technically and economically practicable, the 
  5.1   objectives for eliminating or reducing the generation or release 
  5.2   of each toxic pollutant at the facility must be expressed in 
  5.3   numeric terms based on a specified base year that is no earlier 
  5.4   than 1987.  Otherwise, the objectives must include a clearly 
  5.5   stated list of actions designed to lead to the establishment of 
  5.6   numeric objectives as soon as practicable; 
  5.7      (6) an explanation of the rationale for each objective 
  5.8   established for the facility; 
  5.9      (7) a listing of options that were considered not to be 
  5.10  economically and technically practicable; and 
  5.11     (8) a certification, signed and dated by the facility 
  5.12  manager and an officer of the company under penalty of section 
  5.13  609.63, attesting to the accuracy of the information in the plan.
  5.14     (c) For a facility that releases persistent bioaccumulative 
  5.15  toxic chemicals, the plan must contain a program for compliance 
  5.16  with the minimum obtainable discharge level by January 1, 2006. 
  5.17     Sec. 6.  Minnesota Statutes 2000, section 115D.08, 
  5.18  subdivision 1, is amended to read: 
  5.19     Subdivision 1.  [REQUIREMENT TO SUBMIT PROGRESS REPORT.] 
  5.20  (a) All persons required to prepare a toxic pollution prevention 
  5.21  plan under section 115D.07 shall submit an annual progress 
  5.22  report to the commissioner that may be drafted in a manner that 
  5.23  does not disclose proprietary information.  Progress reports are 
  5.24  due on October 1 of each year.  The first progress reports are 
  5.25  due in 1992 Beginning with the October 1, 2003, progress report, 
  5.26  a facility reporting releases of persistent bioaccumulative 
  5.27  toxic chemicals must include progress information relating to 
  5.28  compliance with the objective in section 115D.07, subdivision 2, 
  5.29  paragraph (c).  
  5.30     (b) At a minimum, each progress report must include: 
  5.31     (1) a summary of each objective established in the plan, 
  5.32  including the base year for any objective stated in numeric 
  5.33  terms, and the schedule for meeting each objective; 
  5.34     (2) a summary of progress made during the past year, if 
  5.35  any, toward meeting each objective established in the plan 
  5.36  including the quantity of each toxic pollutant eliminated or 
  6.1   reduced; 
  6.2      (3) a statement of the methods through which elimination or 
  6.3   reduction has been achieved; 
  6.4      (4) if necessary, an explanation of the reasons objectives 
  6.5   were not achieved during the previous year, including 
  6.6   identification of any technological, economic, or other 
  6.7   impediments the facility faced in its efforts to achieve its 
  6.8   objectives; and 
  6.9      (5) a certification, signed and dated by the facility 
  6.10  manager and an officer of the company under penalty of section 
  6.11  609.63, attesting that a plan meeting the requirements of 
  6.12  section 115D.07 has been prepared and also attesting to the 
  6.13  accuracy of the information in the progress report. 
  6.14     Sec. 7.  Minnesota Statutes 2000, section 115D.10, is 
  6.15  amended to read: 
  6.16     115D.10 [TOXIC POLLUTION PREVENTION EVALUATION REPORT.] 
  6.17     The director, in cooperation with the commissioner and 
  6.18  commission, shall report to the environment and natural 
  6.19  resources committees of the senate and house of representatives, 
  6.20  the finance division of the senate committee on environment and 
  6.21  natural resources, and the house of representatives committee on 
  6.22  environment and natural resources finance on progress being made 
  6.23  in achieving the objectives of sections 115D.01 to 115D.12.  The 
  6.24  report must be submitted by February 1 of each even-numbered 
  6.25  year.  The 2003 to 2006 reports must include specific 
  6.26  identification of the progress in meeting the January 1, 2006, 
  6.27  objective in section 115D.07, subdivision 2, paragraph (c), and 
  6.28  any recommendations for legislation to achieve compliance with 
  6.29  that objective. 
  6.30     Sec. 8.  Minnesota Statutes 2000, section 115D.12, 
  6.31  subdivision 1, is amended to read: 
  6.32     Subdivision 1.  [IMPOSITION.] The pollution prevention fees 
  6.33  in this section are imposed on persons and facilities under 
  6.34  subdivision subdivisions 2, paragraphs (a) and (b), and 3. 
  6.35     Sec. 9.  Minnesota Statutes 2000, section 115D.12, is 
  6.36  amended by adding a subdivision to read: 
  7.1      Subd. 3.  [PERSISTENT BIOACCUMULATIVE TOXIC CHEMICALS 
  7.2   SURCHARGE.] (a) Beginning with the January 1, 2003, payment, for 
  7.3   each persistent bioaccumulative toxic chemical released, the 
  7.4   surcharge on the fee charged in subdivision 2 is $500 multiplied 
  7.5   by the equalized release level determined in paragraph (b). 
  7.6      (b) The equalized release level shall be determined by 
  7.7   dividing the total amount of the persistent bioaccumulative 
  7.8   toxic chemical released by the reporting threshold for the toxic 
  7.9   chemical provided in Code of Federal Regulations, title 40, 
  7.10  section 372.28. 
  7.11     (c) The surcharges required under this section must be paid 
  7.12  to the director by January 1 each year.  The surcharges must be 
  7.13  deposited in the state treasury and credited to the 
  7.14  environmental fund.  Money collected under this subdivision may 
  7.15  be spent only for enforcement, monitoring, and assistance to 
  7.16  facilities that release persistent bioaccumulative toxic 
  7.17  chemicals under the pollution prevention assistance program in 
  7.18  section 115D.04. 
  7.19     Sec. 10.  Minnesota Statutes 2000, section 116.07, is 
  7.20  amended by adding a subdivision to read: 
  7.21     Subd. 4l.  [PERSISTENT BIOACCUMULATIVE TOXIC 
  7.22  CHEMICALS.] When the agency renews a permit or issues a new 
  7.23  permit for a facility, the agency shall require the permittee to 
  7.24  submit available information on any persistent bioaccumulative 
  7.25  toxic chemicals, as defined in section 115D.03, that will be 
  7.26  released by the permitted facility.  The agency shall provide 
  7.27  specific limits in the permit on the persistent bioaccumulative 
  7.28  toxic chemicals that will be released at the facility.  The 
  7.29  specific limits must be based on the program for compliance 
  7.30  under section 115D.07, subdivision 2, paragraph (c). 
  7.31     Sec. 11.  [GRANTS AND LOANS; PUBLIC FACILITIES.] 
  7.32     Subdivision 1.  [APPROPRIATION.] $....... is appropriated 
  7.33  from the bond proceeds fund to the office of environmental 
  7.34  assistance for grants or loans to public facilities to reduce or 
  7.35  eliminate the release of persistent bioaccumulative toxic 
  7.36  chemicals, defined under Minnesota Statutes, section 115D.03, 
  8.1   subdivision 6c. 
  8.2      Subd. 2.  [BOND SALE.] To provide the money appropriated in 
  8.3   this act from the bond proceeds fund, the commissioner of 
  8.4   finance shall sell and issue bonds of the state in an amount up 
  8.5   to $....... in the manner, upon the terms, and with the effect 
  8.6   prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, 
  8.7   and by the Minnesota Constitution, article XI, sections 4 to 7. 
  8.8      Sec. 12.  [LOANS; BUSINESSES.] 
  8.9      $....... is appropriated in fiscal year 2003 from the solid 
  8.10  waste fund to the office of environmental assistance for loans 
  8.11  to businesses to reduce or eliminate the production of products 
  8.12  that release dioxin when landfilled or combusted in a resource 
  8.13  recovery facility. 
  8.14     Sec. 13.  [APPROPRIATION.] 
  8.15     $....... in fiscal year 2003 is appropriated from the 
  8.16  environmental fund to the office of environmental assistance for 
  8.17  activities relating to persistent bioaccumulative toxic 
  8.18  chemicals under the pollution prevention assistance program in 
  8.19  Minnesota Statutes, section 115D.04.