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Impediment to attainment of waste management goals — It was believed that the cost of compensation could cause cities to reduce financial support for recycling and other issues related to proper waste management. The recommendation to modify the organized collection process to require contract negotiations with existing haulers was directed toward providing a fair opportunity for existing haulers to remain in business by providing the following safeguards in the Organized Collection statute: Require that the city invite and employ the assistance of haulers in developing an organized collection proposal. Require the city to analyze all the organized collection options, including the effect on haulers and whether the city could achieve its goals by the less restrictive mechanisms (i.e., negotiating with haulers rather than using municipal collection). Require good faith contract negotiations with existing haulers, specifying a period of time in which to negotiate and prohibit selection of another organized collection option unless the parties fail to reach agreement. If parties fail to reach agreement, the statute should require the city to make certain findings of fact regarding minimizing displacement, ensuring the input of all parties, maximizing efficiency, guaranteeing fair selection process and achieving city goals such as recycling and public safety. In the 1990 legislative session, the package of amendments to the Waste Management Act of 1990 (Laws of Minnesota 1990, Chapter 600)13 included the following sections: Section 1. Minnesota Statutes 1988, section I I5A.94, subdivision 3, is amended to read: Subd. 3. [GENERAL PROVISIONS.] (c) The local government unit may shall invite and employ the assistance of interested persons, including persons operating licensed to operate solid waste collection services in the local government unit, in developing plans and proposals for organized collection and in establishing the organized collection system. Sec. 2. Minnesota Statutes 1988, section 115A.94, subdivision 4, is amended to read: Subd. 4. [CITIES AND TOWNS; NOTICE; PLANNING.] (a) At least 90 180 days before proposing implementing an ordinance, franchise, license, contract or other means of organizing collection, a city or town, by resolution of the governing body, shall announce its intent to organize collection and invite the participation of interested persons, including, persons licensed to operate solid waste collection services, in planning and establishing the organized collection system........ (c) During the a 90-day period following the resolution of intent, �—r-e method of — ., the city or town may shall develop or 13 Minnesota Statutes 115A.94 Organized Collection, Office of Revised Statutes. State of Minnesota. 16 •Foth Infrastructure & Environment, LLC R - Analysis of Waste Collection Service Arrangements.doc June 2009