A motion was made and seconded to approve the minutes of the February 25, 2004 meeting and the checks and claims as submitted. The motion passed unanimously on a voice vote.

Barry Tilley stated that HF 1954/SF 1963, a bill preventing the placing of smoke detectors and certain batteries containing radioactive material from being placed in mixed municipal solid waste, may not go anywhere this session.

Mr. Tilley stated that HF 0898/SF 1233, a bill for eminent domain authorizing inverse condemnation by a business when a governmental entity occupies the market, will have an amendment introduced on March 26 that would narrow the bill to only waste haulers.

Mr. Tilley stated HF 2602/SF 1934 is a bill requiring mercury switch collection by motor vehicle manufacturers. Mr. Tilley also commented that he does not expect any adverse legislation against the SCORE funding, but will know more in the last week of March.

Mr. Tilley stated that an amendment was adopted for HF 882/SF 838 prohibiting the placement of electronic products with cathode ray tubes. The bill will likely be discussed in conference committee toward the end of the session. Mr. Tilley urged all SWMCB counties to encourage their municipalities to adopt resolutions of support.

Commissioner Reinhardt presented an overview of this legislation. Commissioner Reinhardt served on the Environment, Energy and Land Use Committee at the recent NACo Conference. Commissioner Reinhardt stated that the SWMCB is on record supporting flow control. NACo representatives believe that this legislation has a chance to be implemented, and Commissioner Reinhardt recommended a SWMCB action affirming that support. Commissioner Reinhardt made a motion for SWMCB support of federal flow control legislation. The motion was seconded by Commissioner Ische and passed unanimously on a voice vote.

Judy Hunter, Washington County, stated that Xcel Energy is in the process of converting coal-fired and hybrid energy generation plants to natural gas, which means the two steam lines from the hybrid plants that run to Rock-Tenn and are required in Rock-Tenn's pulping process will be removed. Rock-Tenn has some capacity to create energy from oil, but not enough to continue running its plant effectively. Ms. Hunter stated that, unless Rock-Tenn is approved for the grant it has applied for from Xcel Energy to use 100% biomass energy to create steam, they will no longer have an economically feasible source of energy. Ms. Hunter stated that Rock-Tenn recycles approximately 1,000 tons per day of corrugated cardboard and paper.

Commissioner Harris noted that the fiscal impact of Xcel's conversion will be felt by all businesses and homeowners alike and questioned supporting one business. Chair Stafford noted that Xcel's decision to convert to natural gas is surprising because there is not a long-term supply of natural gas available; and that the SWMCB will likely face such requests for support in the future. Zack Hansen, Ramsey County, stated that Rock-Tenn argues that, to stay in Minnesota, they need biomass to create steam. Commissioner Ische made a motion to approve the letter of support for Rock-Tenn Company's grant application. The motion was seconded by Commissioner Reinhardt and passed unanimously on a voice vote.

Michael Reed, Ramsey County, and Greg Chock, Engineer/Operations Manager with the Hennepin County Department of Transportation, presented an overview of the Shingle Recycling Project. Mr. Chock stated that he was pleased to have the opportunity to testify to the SWMCB. He stated that manufactured shingle scrap was recycled into asphalt used on France Avenue in the northbound lanes. The control was the southbound lanes, paved with traditional asphalt. Mr. Chock stated that lab results indicated equality between materials overall, and that the grading was broader (higher quality) in the asphalt made with recycled manufactured shingle scrap. He also stated that the asphalt made with recycled manufactured shingle scrap sets up quicker and allows traffic flow to be resumed sooner than traditional asphalt.

Mr. Reed stated that several SWMCB counties are using the shingle bid language and asking for an alternate bid price for hot-mix asphalt using manufactured shingle scrap, which signals to the industry that there is interest where the product is available. If alternate bid language is used there is no obligation to purchase or pay for the material if not used. Commissioner Turner made a motion to approve the resolution. The motion was seconded by Commissioner Ische and passed unanimously on a voice vote.

Leslie Wilson, Carver County, presented an overview of her work on the National Paint Stewardship Initiative (NPSI). Ms. Wilson stated that NPSI is working to develop voluntary solutions with stakeholders, industry representatives, and government. NPSI is also working to develop sustainable financing for the solutions developed. Ms. Wilson is on two committees, one to examine the issue of leftover paint. That committee has begun looking at packaging, which could be a culprit for creating paint waste (i.e., the consumer can't buy exactly the amount needed and so has leftover paint). Ms. Wilson stated that NPSI has a one-year timeline for finding a voluntary solution.