SWMCB 2008 Legislative Package
Approved: January 23, 2008

Introduction

In the past few years, the SWMCB has worked to implement the Metropolitan Solid Waste Management Policy Plan: 2004-2023, November 2003, which sets forth the vision, goals and policies guiding the ongoing development of the regional solid waste-management system as well as worked to implement the 2005 - 2024 Regional Solid Waste Master Plan, which includes outcomes and strategies that also guide county and regional activities.

Most recently, the SWMCB has worked with the MPCA on its Biannual Policy Report and Waste Management Roadmap. The MPCA has requested additional stakeholder input on the road map, particularly waste processing issues.

Successful implementation of the Policy Plan and Regional Master Plan requires assistance from the Minnesota Legislature, in maintaining the State's commitment to environmental protection, resource conservation, funding and the hierarchy of preferred solid waste management practices. 

SWMCB's 2008 Legislative Proposals

1.    Electronic Waste Recycling Solution

SWMCB supports the electronic waste legislation adopted in 2007. SWMCB is concerned that there will be efforts to minimize the amount of electronics recovered due to implementation issues. It is likely that language will be suggested to clarify aspects of the bill. SWMCB continues its support for the product stewardship approach with manufacturers being responsible for recycling their market share of computer monitors and televisions.

2.    SCORE Funding

An increase in SCORE funding was received in 2007 but more money continues to be needed to manage solid waste according to the State's solid waste hierarchy.  Evaluating the possibility of more solid waste tax dollars being used for SCORE should occur this session as well as State guarantees for capital funding of solid waste facilities.

3.    Source Separated Compostable Materials Management

The goal is to increase the amount of Source Separated Compostable Material (SSCM) recovered and composted from the MSW stream. To accomplish this, the SWMCB will support the removal of SSCM from the definition of mixed municipal solid waste and then clarify that haulers can collect source separated compostable materials with yard waste. Once separated and collected, such SSCM should be delivered to a SSCM composting facility. It is believed that these changes will assist communities in getting involved in SSCM for processing into a usable end product.

SWMCB's 2008 Policy Positions

1. State Support for Solid Waste Management Hierarchy  

SWMCB supports legislative action that provides effective tools to counties or the private sector to support successful implementation of the State's solid waste management hierarchy. SWMCB opposes legislation that would eliminate existing solid waste management tools in support of the hierarchy, such as the Certificate of Need process. SWMCB supports increased implementation of programs consistent with the hierarchy in order to address global warming concerns related to solid waste management.

2. Continued Support for Waste to Energy as Renewable

Waste to energy is classified as biomass and renewable by State law. The SWMCB supports the continuation of this "renewable" designation.

3. Opposition to the Availability of Inverse Condemnation Awards

SWMCB opposes any legislation, such as creating the potential for a judgment for inverse condemnation, that would jeopardize in any way counties' and local units of government's ability to protect public health and the environment and assure the proper management of waste in accordance with Counties' statutory obligations.

4. Clarification on Pesticides Funds

The SWMCB supports allocating a portion of funds from the Pesticide Regulatory Account to reimburse costs of county-sponsored collections of household pesticides. In addition, the SWMCB supports clarification under Chapter 18B that the Minnesota Department of Agriculture is responsible for providing comprehensive and accessible disposal options to commercial generators of pesticides.

The SWMCB supports clarification of how funds collected from pesticide registration fees under MN Stat. 18B.26 and deposited in the Pesticide Regulatory Account should be allocated.  Fees are charged to manufacturers selling pesticides in the State, and part of the responsibility of the State Department of Agriculture is to develop best management practices for environmentally responsible pesticide disposal.

5. Streamlining the Designation and Organized Collection Process

The SWMCB supports streamlining existing legislative processes to implement designation by counties and organized collection by counties or cities.

6.  Minnesota's Demonstration Project on Paint

SWMCB is actively supporting the Minnesota Paint Demonstration Project which will provide a statewide product stewardship model for national replication. Legislation to provide a sustainable financing system including a level "playing field" may be needed for the demonstration project to be successful. SWMCB joins paint industry producer and retailer representatives in supporting such legislation.

Placeholder Position for Emerging Issues

Construction, Demolition and Industrial Waste

The SWMCB continues to collaborate with the MPCA on the identification of strategies to reduce and recover construction, demolition and industrial waste.