1.1                          A bill for an act 1.2             relating to solid waste; transferring authority for 1.3             the household hazardous waste program; providing 1.4             funding for SCORE block grants; requesting evaluation 1.5             of a certain appointing authority; amending Minnesota 1.6             Statutes 2000, sections 115A.552, subdivision 3; 1.7             115A.96, subdivisions 2, 3, 4, 5; Minnesota Statutes 1.8             2001 Supplement, section 115A.557, subdivision 2. 1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10  Section 1.  POLLUTION CONTROL 1.11  AGENCY                                   -0-         (1,041,000) 1.12  This reduction from the solid waste 1.13  fund eliminates the household hazardous 1.14  waste program. 1.15  Sec. 2.  OFFICE OF ENVIRONMENTAL 1.16  ASSISTANCE                               -0-          1,041,000 1.17                Summary by Fund 1.18  General                 -0-       (10,000,000) 1.19  Solid Waste             -0-        11,041,000 1.20  $10,000,000 in fiscal year 2003 is a 1.21  reduction from the money appropriated 1.22  for SCORE block grants to counties in 1.23  Laws 2001, First Special Session 1.24  chapter 2, section 3.  This reduction 1.25  is in addition to the reduction in Laws 1.26  2002, chapter 220, article 8, section 3. 1.27  $10,000,000 in fiscal year 2003 is 1.28  appropriated from the solid waste fund 1.29  for SCORE block grants to counties.  In 1.30  each of fiscal years 2003 and 2004, 1.31  base level funding for SCORE block 1.32  grants is $5,000,000.  In addition, 1.33  based on available funding, the 1.34  legislature shall attempt to restore 1.35  funding to the $10,000,000 level for 1.36  each of fiscal years 2004 and 2005. 2.1   $1,041,000 in fiscal year 2003 is 2.2   appropriated from the solid waste fund 2.3   for administration of the household 2.4   hazardous waste program.  Existing 2.5   personnel associated with this program 2.6   are transferred from the pollution 2.7   control agency to the office of 2.8   environmental assistance.  In each of 2.9   fiscal years 2004 and 2005, base 2.10  funding is $1,041,000. 2.11     Sec. 3.  Minnesota Statutes 2000, section 115A.552, 2.12  subdivision 3, is amended to read: 2.13     Subd. 3.  [RECYCLING INFORMATION, EDUCATION, AND 2.14  PROMOTION.] (a) Each county shall provide information on how, 2.15  when, and where materials may be recycled, including a 2.16  promotional program that publishes notices at least once every 2.17  three six months and encourages source separation of 2.18  residential, commercial, industrial, and institutional materials. 2.19     (b) The director shall develop materials for assist 2.20  counties to use and local units of government in providing 2.21  information on and promotion of recycling. 2.22     (c) The director shall provide technical and financial 2.23  assistance to counties to help counties implement recycling 2.24  programs public and private entities to ensure proper solid and 2.25  household hazardous waste management. 2.26     Sec. 4.  Minnesota Statutes 2001 Supplement, section 2.27  115A.557, subdivision 2, is amended to read: 2.28     Subd. 2.  [PURPOSES FOR WHICH MONEY MAY BE SPENT.] A county 2.29  receiving money distributed by the director under this section 2.30  may use the money only for the development and implementation of 2.31  programs to: 2.32     (1) reduce the amount of solid waste generated; 2.33     (2) recycle the maximum amount of solid waste technically 2.34  feasible; 2.35     (3) create and support markets for recycled products; 2.36     (4) remove problem materials from the solid waste stream 2.37  and develop proper processing, recycling, or disposal options 2.38  for them; 2.39     (5) inform and educate all sectors of the public about 2.40  proper solid waste management procedures; 3.1      (6) provide technical assistance to public and private 3.2   entities to ensure proper solid waste management; 3.3      (7) provide educational, technical, and financial 3.4   assistance for litter prevention; and 3.5      (8) (4) process mixed municipal solid waste generated in 3.6   the county at a resource recovery facility located in Minnesota. 3.7      Sec. 5.  Minnesota Statutes 2000, section 115A.96, 3.8   subdivision 2, is amended to read: 3.9      Subd. 2.  [MANAGEMENT PROGRAM.] The agency office shall 3.10  establish a statewide program to manage household hazardous 3.11  wastes.  The program must include: 3.12     (1) the establishment and operation of collection sites; 3.13  and 3.14     (2) the provision of information, education, and technical 3.15  assistance regarding proper management of household hazardous 3.16  wastes. 3.17     Sec. 6.  Minnesota Statutes 2000, section 115A.96, 3.18  subdivision 3, is amended to read: 3.19     Subd. 3.  [OTHER PARTICIPANTS.] (a) The agency office may 3.20  establish or operate all or part of the management program or 3.21  may provide for services by contract or other agreement with 3.22  public or private entities. 3.23     (b) The agency office shall allow these programs to accept 3.24  up to 100 pounds of waste per year from a hazardous waste 3.25  generator that generates 220 pounds or less of hazardous waste 3.26  per month. 3.27     Sec. 7.  Minnesota Statutes 2000, section 115A.96, 3.28  subdivision 4, is amended to read: 3.29     Subd. 4.  [MANAGEMENT.] Any person who establishes or 3.30  operates all or part of a household hazardous waste management 3.31  program shall manage collected waste in compliance with 3.32  standards applicable to a hazardous waste generator.  If 3.33  collected waste must be stored for a time exceeding those 3.34  standards, the agency office or other entity shall obtain the 3.35  approval of the commissioner of the agency and shall manage the 3.36  waste in compliance with applicable standards for the use and 4.1   management of containers, but no facility permit is required. 4.2   Waste accepted under subdivision 3, paragraph (b), must be 4.3   managed in accordance with standards applicable to the waste. 4.4      Sec. 8.  Minnesota Statutes 2000, section 115A.96, 4.5   subdivision 5, is amended to read: 4.6      Subd. 5.  [OTHER PROGRAMS.] A person must notify the 4.7   commissioner of the agency and director of the office before 4.8   establishing and operating any part of a household hazardous 4.9   waste management program. 4.10     Sec. 9.  [DIRECTOR OF THE OFFICE OF ENVIRONMENTAL 4.11  ASSISTANCE; APPOINTING AUTHORITY.] 4.12     The governor is encouraged to evaluate the advantages and 4.13  disadvantages associated with making the governor the appointing 4.14  authority for the director of environmental assistance, instead 4.15  of the commissioner of the pollution control agency as required 4.16  by Minnesota Statutes, section 115A.055, subdivision 1.  If the 4.17  governor finds that it is more appropriate to specify the 4.18  governor as the appointing authority, the governor may make that 4.19  recommendation, either in a letter presented to the chairs of 4.20  the house and senate environment policy and finance committees, 4.21  or in the governor's budget recommendations.