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"The open market system gives haulers, large and small, the opportunity to provide customized waste solutions for its customers. Again, competition demands the best service at the best price. Government managed collection reduces these opportunities and dramatically slows innovation, hence value. In most cases, government management adds a layer of cost that is unnecessary. " Question: What cities have followed the Organized Collection Statute in Minnesota and actually implemented an organized system with a single hauler or consortium? "During the past 12 years, several Minnesota communities have pursued government managed collection using the Organized Collection Statute. Not one municipality has moved away from an open market system in favor of Government Managed Waste Collection. The municipalities that considered Government Managed Waste Collection and rejected a change, remaining a competitive market area: Arden Hills, Carver, Lauderdale, Prior Lake, Coon Rapids, Pine Island, Greenwood, St. Michael, Hanover, Albertville, St. Anthony, Falcon Heights, Ramsey County and Olmstead County Sartell, Lino Lakes, Crystal and New Hope. " Question: Does NSWMA oppose the concept of hauler consortiums (e.g., MRI) to address the needs of both local government and the haulers? "The members of NSWMA oppose hauler consortiums, want to compete, and believe the open market system delivers the best value to the customer. " Question: What is the history of the Organized Collection Statute? Why was it originally developed? Why was it amended to include the 180 day hauler involved planning/negotiating period? "The organized collection statue was passed many years ago to protect haulers from government unilaterally taking, without compensation, the businesses they have built over many years. Thankfully it gives citizens and haulers ample opportunities to reinforce the importance of open competition. " Question: Do you have data on the prevalence of'open and government managed collection in other states? "Each market area, across the country, is unique with many components figuring into how waste and recycling is managed. " Question: Are you familiar with the recent court case between MRI and the city of Minneapolis? Specifically the judge's ruling that required the City to follow the procedures of the Organized Collection Statute? ► How does NSWMA believe that ruling affects open versus organized collection? ► How does NSWMA believe that ruling affects future collection procurement processes for cities that already have a single hauler under contract, but the contract term is nearing completion? 44 •Foth Infrastructure & Environment, LLC R - Analysis of Waste Collection Service Arrangements.doc June 2009