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RELEVANT LINKS: <br />See Appendix A, Organized <br />The Minnesota Legislature adopted significant changes to the organized <br />Collection Flowchart. <br />collection statute in 2013 that were designed to simplify the process for <br />adopting organized collection. Any city that has adopted organized <br />collection as of May 1, 2013, is exempt from the new requirements. <br />Minn. Stat. § 115A.03, subd. <br />The Waste Management Act defines cities as "statutory and home rule <br />4. Minn. Stat. § 115A.94. <br />charter cities authorized to plan under sections 462.351 to 462.364." <br />Therefore, both statutory and home rule charter cities may adopt organized <br />collection using the procedures outlined in the organized collection statute. <br />Jennissen v. city of <br />The Minnesota Supreme Court has held that the Waste Management Act <br />Bloomington, 913 N.W.2d <br />456 (Minn. 2018). Clark v. <br />does not preempt home rule charter cities from regulating the process for <br />City ofsaint Paul, 934 <br />organizing the collection of solid waste. Instead, the Supreme Court <br />N.W.2d 234 (Minn. 2019). <br />Jennissen v. City of <br />concluded that the Act establishes the minimum procedural requirements <br />Bloomington, A17-0221 <br />that cities must follow before adopting organized collection, and that home <br />(Minn. 2020). <br />rule charter cities may be subject to additional procedural requirements, <br />including those adopted through a citizen petition for a referendum or for a <br />proposed charter amendment. <br />1. Notice to public and to licensed collectors <br />Minn. Stat. § 115A.94, subd. <br />A city with more than one licensed collector must first give notice to the <br />4d. Minn. Stat. § 331A.03. <br />public and to all licensed collectors that it is considering adopting organized <br />collection. State law does not specify how notice should be provided. The <br />League recommends providing both published notice and individual mailed <br />notice to each licensed collector. <br />2. Exclusive negotiation period with licensed <br />collectors <br />Minn. Stat. § 115A.94, subd. <br />After the city provides notice of its intent to consider adopting organized <br />4d. <br />collection, it must provide a negotiation period that is exclusive between the <br />city and all collectors licensed to operate in the city. This exclusive <br />negotiation period must be at least 60 days, but it may be longer if the city <br />chooses. <br />Minn. Stat. § 115A.94, subd. <br />Before the exclusive meetings and negotiation, participating licensed <br />4e. <br />collectors and elected officials must meet and confer regarding waste <br />collection issues, including but not limited to road deterioration, public <br />safety, pricing mechanisms, and contractual considerations unique to <br />organized collection. <br />Minn. Stat. § 115A.94, subd. <br />A city is not required to reach an agreement with the licensed collectors <br />4d. <br />during this period. The purpose of the exclusive negotiation period is to <br />allow the licensed collectors an opportunity to develop a proposal in which <br />they, as members of an organization of collectors, will collect solid waste <br />from designated sections of the city. <br />League of Minnesota Cities Information Memo: 6/9/2022 <br />City Solid Waste Management Page 15 <br />