Advocacy

Compostable bags, food service ware and packaging labeling bill

The MNCC has been working for the past several years, in conjunction with composters, product manufacturers, local units of government and the Minnesota Pollution Control Agency (MPCA) to finalize language to amend MN Stat. 325E.046 to apply to food service products and other packaging claiming compostability instead of just bags. 

Updates:
  • April 12, 2021
    • HF 1165 has been incorporated into the House Environment and Natural Resources omnibus bill (HF 1076). Next hearing is Wednesday April 13, 2021 at 9 a.m. in the Ways & Means Committee. Written comments are due at 5 p.m. on Monday April 12, 2021. No verbal testimony will be accepted. Email written comments to the committee administrator: chris.mccall@house.mn
    • The Senate Environment and Natural Resources Policy and Finance Omnibus Bill (SF 959) includes the compostable product labeling from the 2020 legislative session. Testimony was received on Wednesday April 7, 2021. The bill will be heard in the Finance committee on Wednesday April 14, 2021 at 8:30 a.m.
  • HF1165 - Representative Wazlawik - House​
    • Amendments (detailed below) to the bill were introduced during the Commerce Finance & Policy Meeting. The bill and amendments passed by a narrow margin (8-7).
      • Adding clarification that a manufacturer, distributor or wholesaler may not sell and that a person may not 'knowingly sell' items not meeting labeling requirements.
      • Adding that the product must be certified (not the person obtaining certification)
      • Removing color and tinting requirements for items that cannot feasibly be labeled as compostable.
    • Bill was heard in Commerce Finance & Policy committee on Wed. 3.10.21. Testimony on the bill was presented, but discussion and voting was held over to the next meeting scheduled for Wed. 3.17.21 at 3 p.m.
    • ​Bill passed the Environment & Natural Resources Finance & Policy committee 16-3 on 3.5.21. 
  • SF921 - Senator John Marty - Senate
  • HF1076 / SF959 - MN Governor's Budget Bill (Revisor's office language from 2020)

Support the bill
We hope the bill will not only be introduced in the 2021 legislative session but that it will also be adopted. If your organization wishes to support the bill, please write a letter and send it to us. We will also notify you when the bill has been introduced so you may also send a letter directly to the Committee Chair, and Minority Party Lead for the committee. Please send letters of support or any questions to us at compostmn@gmail.com.  

Here is a letter from the MNCC requesting support from your organization on this bill as well as a draft letter for residents to send to their elected officials. We will update these letters when we have a bill number and more confirmed 2021 supporters. 


Bill supporters:
  • Compostable product manufacturers and composters
    • NatureWorks LLC
    • Nature-Tec
    • SelfEco​
    • Specialized Environmental Technologies (SET)
  • Non-profits
    • Environment Minnesota
    • Clean Water Action
    • Mankato Zero Waste
    • Conservation Minnesota
  • Government / industry trade groups
    • Solid Waste Administrator's Association (SWAA)
    • Association of Recycling Managers (ARM)
    • Pope Douglas Solid Waste
    • City of Richfield
    • ​City of Minneapolis
    • City of St. Louis Park
    • Partnership on Waste & Energy (Hennepin, Ramsey and Washington counties)

2021 Legislative Platform and Policy Positions

With work occurring at the capitol this session, the MNCC's priorities are on supporting the Compostable Product Labeling bill described above and monitoring other bills that may affect the composting industry. 

With all of this work occurring, our 2021 Legislative Platform and Policies remain very similar to 2020.

Economic Impact Study of the Minnesota Compost Industry

​The MNCC is proud to present the Economic Impact Study of the Minnesota Compost Industry! Published in December 2018, this study dives into the composting world and takes a comprehensive look at the economic impact and economic growth potential of Minnesota's composting industry. With direct comparisons drawn between recent data and data gathered in the MNCC's 2014 Economic Impact Survey, these newly released results showcase the vibrant, growing compost industry in Minnesota.

2018 Legislative Summary


The MNCC was very active this legislative session opposing legislation that preempts local units of government from requiring the use of compostable products in their organics collection programs. Letters were submitted opposing bills (HF3606 / SF3135 and HF3814 / SF 3253) that would preempt local units of government from banning, taxing or putting fees on auxiliary containers (including food-service packaging and bags) to both the House and Senate committees as well as the Governors Offices. Here are the links to those letters:

Letter to Governor - SF3135/HF3606 Auxiliary Containers
Audio of the March 28th hearing of HF3606
Letter To Senate SF3253/SF 3135 Auxiliary Containers and Prohibits a tax on non-compostable products

In addition, a bill was brought forward to expand the SCORE tax to include a refund for recyclables pulled from MSW processing facilities. The MNCC opposed this bill as the Board believed that it would detract from source separated recycling and organics collection programs. Here is the letter to the Governor.

Finally the MNCC supported the funding in the bonding bill which would earmark $5 million dollars for the expansion of compost facilities. Here is the letter sent to the Senate.
​News stories related to these bills:
April 5, 2018: Minnesota Daily: State bills would prevent local governments from regulating to-go containers, enforcing ranked-choice voting
April 2, 2018: Southwest Journal: Bill to nullify polystyrene ban draws opposition
April 1, 2018: Duluth News Tribune: Local View: Legislators looking to -re-empt locals on packaging, health, environment
March 30, 2018: Kare11: Lawmakers take on takeout containers
March 29, 2018: MPR News: Local control v. statewide standard -- battle over preemption continues
March 9, 2018: MinnPost: It's locals vs. the Legislature, round 2: The battle over pre-emption is back at Minnesota Capitol
MNCC's Comments on the 2016 Metro Solid Waste Policy Plan
The MNCC developed comments on the MPCA's Metro Solid Waste Policy Plan. The comments focus on the organics section of the draft report, but also include comments on other sections of the draft report. Topics covered in the comments include support for:
  • source reduction efforts
  • directing all organics (resident, commercial, and industrial) to compost facilities
  • removing barriers to permitting the needed processing capacity
  • strategies requiring large generators to divert organic materials to composting facilities
  • use designation to support composting infrastructure
  • assisting the private sector in developing markets for high quality finished compost
  • residential collection in the Metro by 2025
  • enforcement of 115A.93
  • the importance of education to establish successful organics collection programs
  • increasing SCORE funding for organics
  • expanding compostable labeling requirements to include ASTM D6868

Other comments include: 
  • employing extreme caution when considering strategies that propose removing organics from the MMSW and diverting to composting
  • conducting studies to obtain a better estimate of organic materials in all waste streams
  • detailing current processing capacity and estimating needed processing capacity

For full comments click here.
Link​ to AET Report.

MNCC's Comments on the 2015 Solid Waste Policy Report

​On November 29th the MNCC submitted comments on the MPCA’s draft Solid Waste Policy Report. The comments focused on the Organics section of the report and offered comments on collection, facility capacity, compostable products, and markets for finished compost. For complete comments click here. 

Economic Value of Composting Industry in Minnesota Report

Composting worth $148 million to Minnesota's Economy! Read the study for more information.

The MNCC hopes to continue to track the expansion of the industry and its value in the future.

Minnesota Compost Rule Process

Operating compost site
On November 18, 2014 The Minnesota Pollution Control Agency's Citizen Board unanimously recommended adoption of the proposed amendment to the State's compost rule. The adopted changes to the rule include new tiers for small compost sites (less than 120 cubic yards of materials) and a new tier for source-separated organics material composting facilities.  

The MN Composting Council provided on-going comments to the Minnesota Pollution Control Agency (MPCA) regarding changes to the compost facility siting and design rule (MN Rule 7035.2836). Below are links to the comments and supporting documentation submitted during the public comment period.
MNCC's Public Comments to MPCA Compost Rule

Supporting Documents for MNCC's compost rule comments:
  1. Arboretum Pad Permeability Test – Braun Intertec Report – December 2013
  2. Effects of Septic Systems on Ground Water Quality – MPCA Study – May 1999
  3. Carver County Pilot Project – Final Grant Report – July 2008
  4. 2008 Annual Report – Carver County/RW Farms Demonstration Project – August 2009
  5. Carver County Demonstration Project – Final Grant Report - November 2012
  6. BioCycle – Supportive Rules for Small-Scale Composting – June 2012

During the public comment period the MPCA received over 100 requests for a public hearing. That hearing was held on March 24, 2014, by an administrative law judge. The hearing was held open and the MNCC submitted additional comments during post-hearing comment period. The MNCC’s post-hearing comments and attachments are below.
  1. MNCC Post-hearing comment letter
  2. Attachment 1-Suggested language changes
  3. Attachment 2-AET Report
  4. Attachment 3-Compost Process
  5. Attachment 4-Grants 1-2-3 Summary

The AET provided a combination of paid and pro-bono staff time to develop the AET report. The MNCC Board of Directors thanks AET for their work and the very valuable information the report brought forward to inform the rule process.

Following the close of the hearing record on April 14, 2014, there was a five day rebuttal period for stakeholders to rebut any information that was submitted to the Administrative Law Judge. The MNCC’s rebuttal comments are given below.
  1. Rebuttal Comment Letter
  2. Attachments 1 & 2

The Complete record of Testimony, both written and video, for the April 14, 2014 and the rebuttal comments submitted on April 21, 2014 can be at MPCA Compost Rule Web page.

The administrative law judge (ALJ) received all comments and issued her report on June 25, 2014. Commenters were given an opportunity to comment on the ALJ’s report. The full ALJ's report can be found on the MPCA's Compost Rule Web page.

The MNCC submitted comments regarding the ALJ's report to the Commissioner on July 28, 2014. Those comments are below.
  1. MNCC response to ALJ Report
  2. Attachment 1 - AET Report – see link above.
  3. Attachment 2 - EOR Gravel road/pad report
  4. Attachment 3 - Research
Other Resources
USCC article keep organics out of landfill
USCC Position Keep Organics out of Landfill