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115A.94 MINNESOTA STATUTES 2022 2 <br />to choose a provider of solid waste service based on the desired level of service, costs and other factors, the <br />impact of miles driven on city streets and alleys and the incremental impact of miles driven by collection <br />vehicles, initial and operating costs to the city of implementing the solid waste collection system, providing <br />incentives for waste reduction, impacts on solid waste collectors, and other physical, economic, fiscal, social, <br />environmental, and aesthetic impacts; <br />(3) collect information regarding the operation and efficacy of existing methods of solid waste collection <br />in other cities and towns; <br />(4) seek input from, at a minimum: <br />(i) the governing body of the city or town; <br />(ii) the local official of the city or town responsible for solid waste issues; <br />(iii) persons currently licensed to operate solid waste collection and recycling services in the city or <br />town; and <br />(iv) residents of the city or town who currently pay for residential solid waste collection services; and <br />(5) issue a report on the committee's research, findings, and any recommendations to the governing body <br />of the city or town. <br />Subd. 4c. Governing body; implementation. The governing body of the city or town shall consider <br />the report and recommendations of the solid waste collection options committee. The governing body must <br />provide public notice and hold at least one public hearing before deciding whether to implement organized <br />collection. Organized collection may begin no sooner than six months after the effective date of the decision <br />of the governing body of the city or town to implement organized collection. <br />Subd. 4d. Participating collectors proposal; requirement. Before establishing a committee under <br />subdivision 4a to consider organizing residential solid waste collection, a city or town with more than one <br />licensed collector must notify the public and all licensed collectors in the community. The city or town must <br />provide a period of at least 60 days in which meetings and negotiations shall occur exclusively between <br />licensed collectors and the city or town to develop a proposal in which interested licensed collectors, as <br />members of an organization of collectors, collect solid waste from designated sections of the city or town. <br />The proposal shall include identified city or town priorities, including issues related to zone creation, traffic, <br />safety, environmental performance, service provided, and price, and shall reflect existing haulers maintaining <br />their respective market share of business as determined by each hauler's average customer count during the <br />six months prior to the commencement of the exclusive negotiation period. If an existing hauler opts to be <br />excluded from the proposal, the city may allocate their customers proportionally based on market share to <br />the participating collectors who choose to negotiate. The initial organized collection agreement executed <br />under this subdivision must be for seven years. Upon execution of an agreement between the participating <br />licensed collectors and city or town, the city or town shall establish organized collection through appropriate <br />local controls and is not required to fulfill the requirements of subdivisions 4a, 4b, and 4c, except that the <br />governing body must provide the public notification and hearing required under subdivision 4c. <br />Subd. 4e. Parties to meet and confer. Before the exclusive meetings and negotiations under subdivision <br />4d, participating licensed collectors and elected officials of the city or town must meet and confer regarding <br />waste collection issues, including but not limited to road deterioration, public safety, pricing mechanisms, <br />and contractual considerations unique to organized collection. <br />Official Publication of the State of Minnesota <br />Revisor of Statutes <br />