2018 Legislative Update - contact your State Representatives today!


The MNCC has been 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.

At this time (May 15th) all of these issues are in flux and the final results will not be know until the Session ends on May 20th at 12 am.
​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 Legislative Platform
The MNCC Board of Directors developed its 2017 Legislative Agenda. The Platform has four pieces, they are:
  • Increase the number of materials required to be collected curb side from four to five with source separated organics being the fifth material. This requirement is proposed to apply to the Metro Area and cities with populations equal to or greater than 40,000,
  • Amend 115A.553 to include compost facilities.
  • Extend the requirement that yard waste be placed in compostable bags meeting ASTM D6400 or ASTM D6868 to be state wide.
  • ​Amend 325.046 to include ASTM D6868.

The document also includes policy platforms and priorities.

​Please contact the MNCC if you have any questions on our Legislative Platform, policies, or priorities.  We are happy to go over this information in greater detail and we hope your organization will support these initiatives as well.

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 Released

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

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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
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USCC Position Keep Organics out of Landfill