Loading...
EC Agenda-11-27-2023 REGULAR MEETING AGENDA Remote Attendance: Members of the public may attend this meeting via Microsoft Teams by calling 1-872-256-4160 and entering access code 587 275 181#. Questions/Comments: Members of the public who have questions about the commission or any items on the agenda should contact the staff commission liaison – Eric Eckman, Environmental Resources Supervisor, eeckman@goldenvalleymn.gov, 763-593-8084. 1. Call to Order 2. Land Acknowledgement We acknowledge and honor the Dakota nation, on whose ancestral land the City of Golden Valley is built, and whose land resources we use. We commit to counteracting the erasure of the cultural practices and presence of the Dakota people through education and by amplifying a wide range of indigenous voices. 3. Roll Call 4. Approval of Agenda 5. Approval of October 23, 2023 Regular Meeting Minutes (5 min) 6. Old Business A. Recap Bees and Goat Grazing ordinances (10 min) B. Ȟaȟa Wakpadaŋ/Bassett Creek effort (10 min) C. Organics Recycling Participation Plan (10 min) Action Requested 7. New Business A. IRA Ambassador program (10 min) B. Federal and State Energy Incentives (20 min) C. Program/project updates D. Council Updates (5 min) E. Other Business (5 min) i. December EC meeting 8. Adjournment November 27, 2023 – 6:30 pm City Hall Council Conference Room REGULAR MEETING MINUTES Remote Attendance: Members of the public may attend this meeting via Webex by calling 1-415-655- 0001 and entering access code 1773 93 4642. Questions/Comments: Members of the public who have questions about the commission or any items on the agenda should contact the staff commission liaison – Eric Eckman, Environmental Resources Supervisor, eeckman@goldenvalleymn.gov, 763-593-8084. 1. Call to Order The meeting was called to order by Chair Hill at 6:30 pm. 2. Land Acknowledgement 3. Roll Call Commissioners present: Dawn Hill, Debra Yahle, Tonia Galonska, Sarah Drawz, Paul Klaas, Ellen Brenna Commissioners absent: Wendy Weirich Council Members present: Sophia Ginis Staff present: Eric Eckman, Environmental Resources Supervisor; Ethan Kehrberg, Sustainability Specialist; Annie Knoll, GreenCorps Member; Carrie Nelson, Engineering Assistant. 4. Approval of October 23, 2023, Agenda MOTION by Commissioner Galonska, seconded by Commissioner Yahle to approve the agenda for October 23, 2023, and the motion carried. 5. Approval of September 18, 2023, Regular Meeting Minutes MOTION by Commissioner Galonska, seconded by Commissioner Brenna to approve the minutes of September 18, 2023, as submitted and the motion carried. 6. Old Business A. Home Energy Squad Renewal i. Staff provided an update on the Home Energy Squad program for 2024. Program managers are waiting for details on funding and scope of the program for 2024 and beyond. Until that is known, they are not able to execute or extend agreements with municipalities. Staff will monitor this and provide updates when available. October 23, 2023 – 6:30 pm City of Golden Valley Environmental Commission Regular Meeting October 23, 2023 – 6:30 pm 2 7. New Business A. New GreenCorps Member i. Staff introduced Annie Knoll as the cities new GreenCorps Member for 2023-24. Annie provided information about herself and her work plan for this service year. B. 2024 Meeting Dates i. Commissioners discussed and approved the following meeting dates for 2024. Commissioners will discuss the December 2023 meeting next month. • January 22, 2024 • February 26, 2024 • March 25, 2024 • April 22, 2024 • May 20, 2024 (moved from May 27) • June 24, 2024 • July 22, 2024 • August 26, 2024 • September 23, 2024 • October 28, 2024 • November 25, 2024 • December 16, 2024 MOTION by Commissioner Drawz, seconded by Commissioner Galonska to approve the 2024 meeting dates, and the motion carried. C. Organics Recycling Participation Plan. Staff presented information and guidance from various plans that supporting increasing organics recycling collection. Commissioners discussed this guidance, asked questions, and provided their own ideas to increase participation in organics recycling in Golden Valley. Ideas to consider include: i. Why don’t people participate? Intimidated, no cart, misunderstanding the need, organics stinks, maggots. ii. Need catchy language like: “Try the orange-topper” iii. Include Hennepin County tips and tricks. iv. League of Women Voters presented information in 2021-22. Try to partner with them again. v. Tell people why it’s important. vi. Try to reach older audiences. vii. Leave lid open in summer if smelly. viii. Can we offer incentives to those who do not participate? City of Golden Valley Environmental Commission Regular Meeting October 23, 2023 – 6:30 pm 3 ix. Can people do every other week solid waste (and every week for organics)? Reduce the size and cost of their trash cart. x. Are there organics carts in public spaces? xi. Partner with schools – reach parents through kids. xii. Make a video – maybe with kids, schools – “it would be great if grandma or grandpa would do this at home too”. xiii. Have exhibit at GV Library. xiv. Some people like free compostable bags. xv. Maybe try for 2 multi-family drop sites with codes to unlock carts. xvi. More organics education via City newsletter and social media. xvii. Always explain the difference between backyard composting and curbside organics with the “orange-topper” xviii. Start small and work your way up from there – like traditional recycling. Staff will consolidate all information and ideas into a concise plan of strategies and actions for review and approval by the Commission in November. This dynamic plan will help guide staff over the next 1-3 years. D. Council Updates i. Council member Ginis provided updates to the Commission. E. Other Business i. Need for volunteers to help with Community Services Commission. ii. New rain garden at library. 8. Adjournment MOTION by Commissioner Galonska, seconded by Commissioner Yahle to adjourn the meeting at 8:25 pm and the motion carried. ATTEST: ________________________________ _______________________________________ Carrie Nelson, Administrative Assistant Dawn Hill, Chair Date: To: From: Subject: November 21, 2023 Environmental Commission Erick Eckman, Environmental Resources Supervisor Ȟaȟa Wakpadaŋ/Bassett Creek Awareness and Efforts The Environmental Commission’s work plan includes the advancement of environmental justice and land acknowledgement actions in our community. In 2022, the EC hosted a speaker and discussed the Ȟaȟa Wakpadaŋ/Bassett Creek Oral History Project. Learning about the project and hearing from Indigenous community members in their own voices increased awareness and understanding and provided the Commission with additional context and perspective as it works to protect and improve the environment and human health in Golden Valley. The Oral History Project has wrapped up and is available on YouTube or wherever you get your podcasts. Building on the priorities identified in the Oral History Project, an effort emerged to bring awareness about the Dakota name for Bassett Creek, Ȟaȟa Wakpadaŋ. Commissioner Galonska, Commissioner Klaas, and staff attended community gatherings this summer and fall to learn, build relationships, and discuss how to begin using the name Ȟaȟa Wakpadaŋ. The final community gathering for this phase of ongoing work occurred November 11, 2023. A special (joint commission) meeting with the DEIC was held in October to hear a presentation and discuss this effort in greater detail. Attached are the draft meeting minutes from the joint meeting. Commissioners and staff will check in and briefly discuss the status and next steps in this effort. October 24, 2023 — 7:30 PM Council Conference Room Hybrid Meeting DRAFT JOINT MEETING MINUTES DEI Commission and Environmental Commission Joint Meeting 1. Roll Call DEIC Commissioners in person: Lee Thoresen, Drew Jones, David Scheie, Ruth Paradise, Joelle Allen, Ajani Woodson, and George Kannenberg EC Commissioners in person: Dawn Hill, Tonia Galonska, Debra Yahle, Paul Klaas, Sarah Drawz, and Ellen Brenna 2. Land Acknowledgment We acknowledge and honor the Dakota nation, on whose ancestral land the City of Golden Valley is built, and whose land resources we use. We commit to counteracting the erasure of the cultural practices and presence of the Dakota people through education and by amplifying a wide range of indigenous voices. 3. Presentation and Discussion 3.A. Exploring Haha Wakpadan/Bassett Creek Oral History Project with Crystal Boyd 3.B. Discussion Questions from Exploring Haha Wakpadan/Bassett Creek Oral History Project The following were discussed as potential next steps or ways to support the efforts above: • Dual naming for Haha Wakpadan/Bassett Creek and possibly other landmarks and places of cultural significance. o Having the commissions be the thoroughfare for community to get involved in a process like this. o Have the Bassett Creek Watershed Management Commission be participatory, specifically connecting with Laura Jester. o Possibly eventually leading to commissions requesting City Council to formally recognize Haha Wakpadan and adopt the dual naming.  Dual naming verbal and in writing, on City publications, maps and signs. • Taking a look at remnant City controlled properties for land back initiatives, donation, co- management. • Support and participate in 2024 Water Ceremony. • When the downtown redevelopment plans are being considered and put forth that they include Native work and Native engagement. • Going beyond land acknowledgement to implement actions. • Establishing peace poles with multiple Indigenous languages: Dakota, Anishinaabe, possibly more; possible cultural/educational installation in the community. • Incorporating cultural advisors/liaisons in future projects, initiatives, and engagement whether that is within either commissions’ work and/or the City’s work. • Hosting a joint commission forum for residents, which could engage at the following: o Education for the community and conversation regarding Dakota place names. o Dual forum with a community service project element (cleaning up Bassett Creek). 4. Adjournment City of Golden Valley Joint Meeting October 24, 2023 — 7:30 PM 1 Date: November 21, 2023 To: Environmental Commission From: Ethan Kehrberg, Sustainability Specialist Andrea Knoll, MN GreenCorps Member Subject: Organics Recycling Participation Discussion One of the top priorities identified in the Environmental Commission’s 2023 Work Plan is to “help develop a plan to increase participation rates for organics recycling, and opportunities for multi-family recycling, including organics and onsite composting.” In 2022, Golden Valley achieved participation rates of approximately 45% in the organics recycling program and approximately 97% in the traditional recycling program. To continue increasing participation rates and decreasing overall tonnages of all types of waste, staff have created guidance on the next page based on feedback provided by the Environmental Commission at its October 2023 meeting. As a reminder, staff completed a series of actions to support the launch of the program and to maintain and increase participation, and they will continue doing these tasks summarized below: • Keep website information and links up to date • Regularly publish stories in newsletter about program, participation rates, and waste sorting • Continue sharing organics recycling info in Republic Service’s annual recycling calendar mailing • Utilize the updated recycling and organics contamination tag with Republic • Work with Hennepin County to provide organics and recycling information in multiple languages • Mail educational letter to non-participating households with information about organics recycling and how to sign up if they are interested • Make interested properties aware of the updated composting ordinance which allows more properties to do on-site composting, including multi-family residential • Table at community events to promote program and hand out materials • Provide free compost from organics recycling process to Golden Valley residents • Be a partner with Hennepin County’s waste reduction challenges Strategies to Increase Organics Recycling Participation 2024-2026 Higher Priority/Impact Lower Priority/Impact Messaging Strategies • Emphasize why it is important to recycle organics and reduce landfilling • Remove barriers; understand language and cultural needs; continue to improve translation products and services • Be continuous with reminders and education • Create informational video(s) to share online that walk through how to sign up and set up organics recycling at home • Make the case to backyard composters; differences between organics collection and backyard composting • Share tips & tricks about setting up and how to reduce odors and nuisances • Encourage people to start small with food scraps and emptying the fridge, then progress to other rooms and more types of compostable materials • Promote recycling/composting ambassador training and volunteer opportunities Partnerships • Multifamily properties – engage with residents and property managers to find solutions • New residents – share info about recycling programs and how to sign up • Schools – talk to and involve kids in learning about composting, do presentations or help them get information to guardians/parents/grandparents • Hennepin County Library – create small exhibit, continue sharing resources and flyers • Aging residents – engage with seniors & programs Expansion Opportunities • Explore possibility of setting up drop-off sites for organics • Research cost and feasibility of annually providing free compostable bags for residents to pick up Date: November 21, 2023 To: Environmental Commission From: Ethan Kehrberg, Sustainability Specialist Subject: IRA Ambassador Program The Clean Energy Resource Teams (CERTs) is a non-profit organization that provides energy- related technical assistance to Minnesota communities, especially local governments and residents. After the passage of the Inflation Reduction Act (IRA) by the federal government, CERTs quickly put together an IRA guide to help people navigate the countless rebates, tax credits, and other incentives for energy and environmental projects. CERTs also created an IRA Ambassador program to get more detailed information to community leaders who wanted to have more expertise about the new legislation. Individuals who sign up to be an ambassador will receive access to the IRA Ambassador Toolkit, as well as updates about rebates, tax credits, and new tools to share. CERTs created slides, handouts, and other resources to help spread the word about clean energy incentives with the Inflation Reduction Act. Becoming an ambassador is quick and easy. They require you to participate in a 1-hour informational webinar so you are knowledgeable about the IRA and its main components before gaining access to all of the resources and benefits of the program. Staff recommends that Commissioners consider becoming IRA Ambassadors or informing others in the community about this unique opportunity. Date: November 21, 2023 To: Environmental Commission From: Ethan Kehrberg, Sustainability Specialist Subject: Federal and State Energy Incentives Over the past year, there have been many new pieces of legislation granting incentives and opportunities to pursue important environmental projects. Staff have put together a summary highlighting some of the main legislative changes that are relevant for community members in the City of Golden Valley. There are many new incentives for businesses, residents, and local governments to take advantage of, especially related to energy efficiency and renewable energy. Staff are looking for discussion and comments from the Environmental Commission about which incentives are worth promoting, how we can share these opportunities, and if there are questions that should be addressed. FEDERAL LEGISLATION In August 2022, the federal government passed the Inflation Reduction Act (IRA), part of which included $394 billion in energy and climate funding, most of which is in the form of tax credits for businesses, residents, and sometimes even local governments through direct pay. Residential Rebates & Incentives • 30% tax credit for solar and standalone storage projects. • 30% tax credit for purchase and installation of heat pump (up to $2,000). • $7,500 tax credit for a qualified, new electric vehicle purchase. o $3,750 if the vehicle meets the critical minerals requirement only. o $3,750 if the vehicle meets the battery components requirement only. • $4,000 tax credit for a qualified, previously-owned clean vehicle purchase. • Anticipated rebates for home electrification and appliances: *You can combine these incentives with utility rebates for additional savings. Commercial Rebates & Incentives 30% tax credit for: • projects under 1MW • projects over 1MW if they meet the prevailing wage and apprenticeship requirements. • includes standalone energy storage assets. Plus stack IRA adders: • 10% for "domestic content" • 10% for "energy communities" • 20% for projects financially benefiting low-income or tribal communities. o or 10% for projects located in low income or tribal communities. o Tax-exempt entities (like local governments) can take advantage of tax incentives through new “direct pay” option. MINNESOTA STATE LEGISLATION During the 2023 legislative session, Minnesota passed numerous climate, energy, and environmental bills. Approximately $3 billion will be invested in climate and clean energy during 2024-2025 and another $1.5 billion by 2027. All the new legislation was passed with the goal of achieving 100% clean energy by 2040 and economy-wide decarbonization goal of net-zero by 2050. As with the IRA, there are many new opportunities for businesses, residents, and local governments. Key Legislation Solar Grant Program for Public Buildings - HF 747 (Reyer) / SF 1404 (Port) Electric Load Service Center upgrades/Breaker box $4,000 Electric Stove, Cooktop, Range, and/or Oven $840 Electric Wiring $2,500 Heat Pump Clothes Dryers $840 Heat Pump Heating/Cooling $8,000 Heat Pump Water Heaters $1,750 Weatherization (Insulation, Air Sealing, Ventilation) $1,600 Establishes a grant program through the Department of Commerce that provides funding for solar on public buildings (counties, cities, towns, but not schools). $5 million of Xcel RDA funds allocated to fund this grant program only to local governments in Xcel territory. It has a capacity limit of lesser of 40kW or 120% of the building’s annual energy usage. Statewide Commercial Building Energy Benchmarking - HF 2269 (Kraft) / SF 2295 (Mitchell) This bill would establish a requirement for all commercial buildings greater than 50,000 square feet to benchmark and publicly disclose annual energy usage. A statewide program would remove administrative burden from local governments and enable more local governments to better target energy efficiency programs to buildings with poor performance. 100,000 sq. ft. & greater must comply by June 2025 and building 50,000 sq. ft. & greater must comply by June 2026. Includes $2.1 million to implement the program in the first two years. Grants for Local Climate Action Planning and Implementation - HF 747 (Reyer) / SF 1404 (Port) Provides $5 million in grant funding to the MPCA for the purpose of providing grants for political subdivisions to develop and implement climate action plans that address mitigation and adaptation. The funding supports data collection for grant recipients and technical assistance for communities wishing to complete plans without a consultant. A 50% match is required if the population exceeds 20,000. Rebates and Grants for Residents • EV rebates - $15.7 million • Residential electric panel grants - $6.5 million • Heat pump rebate program - $15 million • Electric bike rebate - $2 million/year Miscellaneous Updates • Ending Homeowners Association Bans on rooftop solar. • Allocated $12.5 million to Xcel’s Solar*Rewards program and dedicates 50% of the funds for each year to helping more low-income people go solar. • Additional $500,000 to CERTs annually to continue providing technical assistance to local governments. • Minnesota GreenStep Cities program funding has doubled in the new budget and will also add one additional full-time employee. • $15.2 million for the ReLeaf Program. • Set a statewide goal of reducing GHG’s 50% by 2030 and to net zero by 2050 while avoiding adverse impacts on communities already overexposed to pollution. • $2.6 million for Minnesota GreenCorps. Additional Resources: Clean Energy Resource Teams (CERTs) Inflation Reduction Act Guide https://www.cleanenergyresourceteams.org/inflation-reduction-act-what-you-need- know How much money can you get with the Inflation Reduction Act? https://www.rewiringamerica.org/app/ira-calculator 2023 MN State Legislative Actions Summary provided by the Minnesota Commerce Department https://mn.gov/commerce/energy/consumer/energy-programs/ PROGRAM/PROJECT UPDATES – November 2023 WATER AND NATURAL RESOURCES DeCola Ponds Flood Reduction Project (SEA School-Wildwood Park Flood Storage phase) The SEA School-Wildwood Park flood storage phase wrapped up in October. Restoration and planting of new prairie, shrubs, and trees was completed by early November. The storm sewer outlet pipe replacement between DeCola Ponds D and E was completed on November 16. All of this work with help lower flood levels, reduce flood risk and damage, and increase community resilience to a warmer and wetter climate. DeCola Ponds Flood Reduction Project (Isaacson Park-Industrial Area/DeCola Pond F Diversion phase) The next phase of this comprehensive community flood reduction project is the Isaacson Park-Industrial Area/DeCola Pond F Diversion phase (see map below). City Council recently authorized staff to apply for a grant for $2 million with the MnDNR to begin working on this phase. The $2 million is part of a 2023 appropriation from the state legislature to the MnDNR for its flood hazard mitigation program. The Bassett Creek Watershed is also a funding partner and along with the City will lead an engineering feasibility study with community engagement beginning in later 2024. WASTE & RECYCLING Participation Study – staff are currently processing raw data provided by the contractor. A report with updated traditional and organics recycling participation rates will be available early in 2024. HERC – City staff recently received this email notification from Hennepin County: “In February 2023, the Minnesota State Legislature passed a historic Clean Energy Bill, which will redefine HERC as a non-renewable energy source starting in 2040. Currently, the HERC processes 365,000 tons of trash annually and produces 200,000 megawatt hours of electricity every year. Connected to this, a staff report and briefing were prepared for the Hennepin County Board of Commissioners, including a unanimously passed Board Action Request authored by commissioners.” Attached are materials related to this effort. A September 2023 county staff report to county commissioners titled “The Hennepin Energy Recovery Center and its role in the solid waste system” is also available upon request (55 pages). Cities are requested to provide input by January 15, 2024. If Environmental Commissioners have comments, please provide them to Carrie via email. Hennepin County Memo To: Hennepin County Board of Commissioners From: David Hough, County Administrator Lisa Cerney, Assistant County Administrator Public Works Date: September 20, 2023 Re: Hennepin County Climate Action Plan/Zero Waste Plan and HERC - Recommendations You received a report on the Hennepin Energy Recovery Center (HERC) and its role in the solid waste system on September 16, 2023. This memo provides County Administration’s recommendation that is aligned with the county’s Climate Action Plan, Zero Waste Plan and state and federal statutes. Included is a summary of the staff report and a consideration of actions and recommendations that will be presented in the briefing on Thursday, September 21, 2023. Recommendation: Establishing a target closure date for HERC with the necessary conditions to meet the goal The county is committed to meeting our climate action goals and achieving zero waste, as well as being compliant with state and federal law. Based upon our goals and existing laws we are recommending an anticipated year range closure for HERC of 2040 to 2050. To achieve this year range there are many conditions which need to be met. They include: • Compliance with all applicable state and federal laws, rules and regulations • Achieving the county board approved Climate Action Plan goals • Achieving the metrics identified in the county’s Zero Waste Plan • The State of Minnesota is at or near its 100% renewable electricity goal • Recycling rate of at least 85% • Food waste, paper, and other biogenic materials make up less than 10% of trash needing disposal • Alternative funding sources are secured for county natural resources, forestry, zero waste, and climate work • Alternative energy sources are found to heat, cool, and electrify homes and businesses Hennepin is a national leader in waste reduction and recycling. In order to maintain this status, we recommend focusing on HERC to highlight Hennepin County’s trash problem and pushing for robust goals and building a zero-waste future that reduces our reliance on incineration and landfilling. This strategy will ensure Hennepin County remains in compliance with state waste management laws. To 2 achieve zero waste, the state, Hennepin County, and cities will need to deliberatively commit to new policies and programs. Setting a date for HERC’s closure will require the county attaining all previously mentioned conditions. By not meeting these conditions a premature closing of HERC will create a significant number of collateral consequences that impact the environment and our residents. Required State Legislative Action As stated in the report, “If HERC’s shutdown is contingent on getting to zero waste, the state legislature needs to prioritize these policy actions to advance zero waste and protect the environment”. • Adopt policies on par with national zero waste leaders - including but not limited to packaging, organized collection, hauler licensing and material bans at landfills. • Invest in recycling infrastructure, advancing circularity and waste reduction and reuse – including but not limited to increasing SCORE recycling grants, funding of a pre-processing facility in Hennepin to recover reusable and recyclable materials from trash, fully funding the anerobic digestion facility, increasing state taxes/fees on landfills to fund county zero waste programs and other investments. • Reduce disproportionate impacts from the solid waste system – including but not limited to direct funding to areas of environmental justice concern, phased in emissions requirements for waste trucks and updating landfills to achieve greater environmental outcomes. • Amend existing policies to remove disincentives – including but not limited to adopting a food waste composting requirement in MnDOT specs, reducing barriers for businesses to use refillable containers, revising building codes and zoning ordinances that inhibit recycling and revising the current system to cover collection of all electronic waste. Required Federal Action The county board needs to recommend and support policy changes and initiatives that lead to greater standardization and coordination across the country to improve consistency among all stakeholders. Areas where standardization and coordination are most needed include product labeling to indicate recyclability, ability to compost and perishability, producer responsibility legislation, sustainable product design standards, mandating single use plastics reduction and pollution prevention. In addition, seeking increased federal funding for recycling market development, zero waste infrastructure and Justice40 initiatives. Required County Efforts As previously mentioned, the county board will need to prioritize zero waste efforts in its legislative priorities. In addition, the board will need to advance zero waste policies focused on the following Zero Waste Plan priorities: • Revise Recycling Ordinance 13 to provide clarity in existing language and expand requirements • Require the use of food waste compost in county construction and landscape projects • Bolster the county’s sustainable purchasing policy using MPCA guidance • Transition to organized waste collection countywide, which cities would oversee and implement • Mandate participation in recycling and composting programs, which cities would oversee and implement • Require cities to add multi-family waste service to single-family residential service • Adopt a single use ban and zero waste packaging requirement for food service • Establish food waste reduction targets and timeline • Fully implement a county plan to eliminate food waste 3 • Evaluate needed collaboration in providing zero waste infrastructure o Expand recycling drop-off options o Establish brick-and-mortar reuse and repair centers o Support innovation hubs, districts, and resource recovery parks o Study options for recovering recyclables from the trash Required City Efforts With forty-five cities in Hennepin County there is a significant need for city leadership. Minneapolis is the largest city in the state and the biggest generator of waste in the county. Minneapolis will play a crucial role in achieving climate action and zero waste goals. The city has achieved many notable successes on residential recycling, but the county will not meet its goals if Minneapolis does not adopt policies similar to other zero waste leaders across the country. Required policy changes are as follows: • Establish organized commercial collection, including multi-family • Require mandatory large generator waste reduction and diversion plans • Increase hauler accountability by requiring reporting and service standards • Implementing multi-family recycling programs with adequate staffing • Improve options for managing large items and specialty recyclables in the multi-family sector • Adopt specifications to increase the use of food-derived compost in city projects • Develop a construction and demolition waste diversion ordinances requiring recycling on construction and demolition projects • Enhance enforcement of existing city ordinances These policy changes at the federal, state, county and city levels are needed to move Hennepin County toward zero-waste, make meaningful progress toward climate emissions reduction, and mitigate the impacts of the potential closure of HERC. As demonstrated by the 2023 legislative session, modest recycling polices and funding are progressing, but the transformative policies and funding resources that match the scope of the waste problem we face are not yet moving forward. Policy questions and discussion: As discussed in the report and in this memo, the closure of HERC requires certain conditions being satisfied. Many of those conditions are outside or beyond our control. The intent of our report and this recommendation was to provide an objective analysis based upon available facts and data. As a data informed organization, it is critical that we provide you with all relevant details to inform your decision. During the briefing, after a short presentation, it is our intent to ask the board specific policy questions in order to inform the discussion and assist the board in future board actions. In preparation for the briefing, we are providing some of the questions you will be presented with. Those questions are as follows: • Is there support to pursue a targeted closure date range for HERC of 2040-2050 if all the conditions mentioned in the report and this memo are achieved (e.g., federal, state and county required actions and climate action/zero waste goals attained)? • If the targeted closure date conditions are not all met, is there understanding that the closure date may be delayed? 4 You have received much information about the impacts and consequences of a premature (before 2040) shutdown of HERC. Pages 21 through 44 of the report outline the many consequences of a premature closure. If the county board directs staff to shut HERC down prior to 2040 there are a series of questions that the board will have to answer specific to the consequences. Those questions include but are not limited to the following: • How will the county address noncompliance with state and federal law? • How will the county modify its Climate Action Plan and Zero Waste Plan? • Will Hennepin county completely divest itself from managing waste streams in the county (e.g., trash, hazardous waste, recycling, composting, organics, etc.)? • Without the enterprise revenue how will the county support its environmental and climate efforts and programs? • Where should trash generated in Hennepin County be disposed of while we are advancing a zero- waste future? We look forward to presenting this information and getting your direction on the policy questions. cc: Rosemary Lavin – Director, Environment and Energy Diana Chaman Salas – Director, Climate and Resiliency 300 South Sixth Street Minneapolis, MN 55487-0240 RESOLUTION Board of Hennepin County Commissioners RESOLUTION: 23-0384 R1 At a meeting of the Board of Hennepin County Commissioners, a motion was made by Commissioner Lunde and seconded by Commissioner Goettel, that the Resolution be adopted. The motion passed. WHEREAS, population and density near the Hennepin Energy Recovery Center (HERC) facility has grown dramatically since its opening 34 years ago in 1989; and WHEREAS, about 75% of the trash delivered to the HERC facility comes from Minneapolis and the remaining 25% is primarily from Bloomington, Champlin, Deephaven, Excelsior, Hopkins, Loretto, Maple Plain, Medina, Minnetonka Beach, Osseo, Robbinsdale, Richfield, St. Bonifacius, St. Louis Park, Tonka Bay, and Wayzata; and WHEREAS, HERC’s operation has enabled the county to manage its waste in compliance with current state statute which requires implementation of the Minnesota Pollution Control Agency’s (MPCA) Metropolitan Solid Waste Management Policy Plan(s) (Minn. Stat. §§ 473.149; 473.803), and adherence to the Restriction on Disposal (Minn. Stat. sec. 473.848) and the waste hierarchy (Minn. Stat. § 115A.02), as well as United States Environmental Protection Agency regulations and federal laws; and WHEREAS, the county currently lacks sufficient infrastructure, and the state legislature has not advanced policies or resources, to meaningfully remove biogenic and recyclable material from waste and to reduce overall waste generation; and WHEREAS, in September 2023, the County Administrator provided a staff report to the Hennepin County Board on the HERC and its role in the solid waste system, including considerations and recommendations related to closure; and WHEREAS, on September 21, 2023, as part of a public board briefing regarding the HERC, the County Administrator and staff recommended establishing a closure date for the HERC in the estimated timeframe of 2040 - 2050; and WHEREAS, the County Board seeks a comprehensive strategy for the closure of the HERC, consistent with its previous adoption of the Climate Action Plan in 2022 and the finalization of the Zero Waste Plan in 2023, and its declaration of Racism as a Public Health Crisis in 2020; and WHEREAS, the County Board seeks to identify and understand the necessary conditions, prerequisites, and ramifications for closure of the HERC on a more expedited timeline, between 2028 and 2040. Resolution: BE IT RESOLVED, that the Hennepin County Board of Commissioners directs the County Administrator to develop a plan for the closure of the HERC facility between 2028 and 2040 (the Page 1 Printed on 10/26/23 Hennepin County, Minnesota File Number: 23-0384 R1 “Plan”), and to submit such plan to the County Board no later than February 1, 2024, and directs staff to prepare contingency plans in the event a sooner closure date is established by the Legislature or Board; and BE IT FURTHER RESOLVED, that the Plan must address statutory compliance, the County’s Climate Action Plan goals, the County’s Zero Waste Plan metrics, and the County Board’s declaration of racism as a public health crisis, including efforts to reduce or mitigate environmental racism; and BE IT FURTHER RESOLVED, that the Plan should include: (1) an estimated timeline, (2) estimated financial requirements, and (3) foreseeable environmental consequences related to the following: a.prioritization of the county’s Zero Waste Plan action items that would accelerate the achievement of zero waste in Hennepin County; b.decommissioning of the HERC facility; c.transitioning the labor force currently working at the HERC and other labor connected to HERC; d.land disposition after HERC is decommissioned; e.paying HERC’s existing debt service; f.future of Brooklyn Park Transfer Station; g.alternative waste disposal methods for the waste generated across the county; h.ongoing natural resources and climate action programming; i.timeline mapping out future legislative agenda items and priorities to fund natural resources and climate action programming, closure of the HERC and payment of related debt service; and BE IT FURTHER RESOLVED, that the Hennepin County Board of Commissioners further directs the County Administrator to consult with County Intergovernmental Relations (IGR) and other county staff to propose legislative priorities as well as legislative platform items no later than December 1, 2023, relating to closure of the HERC facility and in anticipation of the 2024 Legislative Session, and such legislative proposals should specifically address: 1.legislative actions including but not limited to actions that would facilitate the County’s ability to significantly reduce waste levels and remove the biogenic and recyclable material from the waste stream before 2040 in a manner consistent with the County’s Zero Waste Plan; 2.legislative actions that would clarify the County’s ongoing waste management responsibilities if and when the County elects to divest from waste infrastructure; 3.legislative actions to provide adequate funding for the closure and decommissioning of HERC; 4.legislative actions to provide adequate funding to replace revenue currently derived from tipping fees, and electrical and commodity sales, in order to maintain current funding levels for the County’s waste reduction efforts, and natural resources and climate action programming; and BE IT FURTHER RESOLVED, that the County Administrator be authorized to engage in a Request for Proposals (RFP) to retain a consultant that can ascertain the viability of the County investing in renewable energy sources, like solar, hydro, geothermal/geo-exchange technologies, with the goal of engaging a consultant no later than February 1, 2024; and BE IT FURTHER RESOLVED, that the Clerk of the County Board is directed to send the materials from the September 21, 2023 public board briefing to city council members and mayors of cities Page 2 Printed on 10/26/23 Hennepin County, Minnesota File Number: 23-0384 R1 that use the HERC and invite individual cities to provide feedback or input regarding proposed legislative priorities or platform issues relating to closure of the HERC to the County Administrator no later than January 15, 2024. RESOLUTION ADOPTED ON 10/24/2023 The question was on the adoption of the resolution with the votes as follows : Aye:6 Commissioner Fernando, Commissioner Greene, Commissioner Lunde, Commissioner Conley, Commissioner Goettel, and Commissioner Anderson Attest by Maria Rose Page 3 Printed on 10/26/23 Hennepin County, Minnesota