1.1    .................... moves to amend H. F. No. 863 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 116.07, subdivision 2, is amended to read:
1.4    Subd. 2. Adoption of standards. (a) The Pollution Control Agency shall improve
1.5air quality by promoting, in the most practicable way possible, the use of energy sources
1.6and waste disposal methods which produce or emit the least air contaminants consistent
1.7with the agency's overall goal of reducing all forms of pollution. The agency shall also
1.8adopt standards of air quality, including maximum allowable standards of emission of air
1.9contaminants from motor vehicles, recognizing that due to variable factors, no single
1.10standard of purity of air is applicable to all areas of the state. In adopting standards the
1.11Pollution Control Agency shall give due recognition to the fact that the quantity or
1.12characteristics of air contaminants or the duration of their presence in the atmosphere,
1.13which may cause air pollution in one area of the state, may cause less or not cause any air
1.14pollution in another area of the state, and it shall take into consideration in this connection
1.15such factors, including others which it may deem proper, as existing physical conditions,
1.16zoning classifications, topography, prevailing wind directions and velocities, and the fact
1.17that a standard of air quality which may be proper as to an essentially residential area of
1.18the state, may not be proper as to a highly developed industrial area of the state. Such
1.19standards of air quality shall be premised upon scientific knowledge of causes as well as
1.20effects based on technically substantiated criteria and commonly accepted practices. No
1.21local government unit shall set standards of air quality which are more stringent than
1.22those set by the Pollution Control Agency.
1.23    (b) The Pollution Control Agency shall, as authorized under the federal Clean Air
1.24Act, United States Code, title 42, section 7507, adopt rules to regulate emission standards
1.25of motor vehicles sold in this state. The rules:
1.26    (1) must be adopted under section 14.388, subdivision 1, clause (3);
2.1    (2) except as provided in clause (3), must be identical to and must incorporate by
2.2reference the California low emission vehicle regulations adopted by the California Air
2.3Resources Board under the California Code of Regulations, title 13;
2.4    (3) must not include the zero emission vehicle standards contained in California
2.5Code of Regulations, title 13, section 1962; and
2.6    (4) must be amended as necessary in a timely fashion to minimize the time during
2.7which Minnesota's rules are not identical with California's regulations, as required under
2.8United States Code, title 42, section 7507. Amendments under this clause must be made
2.9under section 14.388, subdivision 1, clause (3).
2.10Any portion of California's regulations requiring a federal waiver under the Clean
2.11Air Act in order to become effective may not be enforced in Minnesota unless and until
2.12California receives the requisite federal waiver.
2.13    (c) The Pollution Control Agency shall promote solid waste disposal control
2.14by encouraging the updating of collection systems, elimination of open dumps, and
2.15improvements in incinerator practices. The agency shall also adopt standards for the
2.16control of the collection, transportation, storage, processing, and disposal of solid waste
2.17and sewage sludge for the prevention and abatement of water, air, and land pollution,
2.18recognizing that due to variable factors, no single standard of control is applicable to
2.19all areas of the state. In adopting standards, the Pollution Control Agency shall give
2.20due recognition to the fact that elements of control which may be reasonable and proper
2.21in densely populated areas of the state may be unreasonable and improper in sparsely
2.22populated or remote areas of the state, and it shall take into consideration in this connection
2.23such factors, including others which it may deem proper, as existing physical conditions,
2.24topography, soils and geology, climate, transportation, and land use. Such standards of
2.25control shall be premised on technical criteria and commonly accepted practices.
2.26    (d) The Pollution Control Agency shall also adopt standards describing the
2.27maximum levels of noise in terms of sound pressure level which may occur in the outdoor
2.28atmosphere, recognizing that due to variable factors no single standard of sound pressure
2.29is applicable to all areas of the state. Such standards shall give due consideration to
2.30such factors as the intensity of noises, the types of noises, the frequency with which
2.31noises recur, the time period for which noises continue, the times of day during which
2.32noises occur, and such other factors as could affect the extent to which noises may be
2.33injurious to human health or welfare, animal or plant life, or property, or could interfere
2.34unreasonably with the enjoyment of life or property. In adopting standards, the Pollution
2.35Control Agency shall give due recognition to the fact that the quantity or characteristics
2.36of noise or the duration of its presence in the outdoor atmosphere, which may cause
3.1noise pollution in one area of the state, may cause less or not cause any noise pollution
3.2in another area of the state, and it shall take into consideration in this connection such
3.3factors, including others which it may deem proper, as existing physical conditions,
3.4zoning classifications, topography, meteorological conditions and the fact that a standard
3.5which may be proper in an essentially residential area of the state, may not be proper as to
3.6a highly developed industrial area of the state. Such noise standards shall be premised
3.7upon scientific knowledge as well as effects based on technically substantiated criteria
3.8and commonly accepted practices. No local governing unit shall set standards describing
3.9the maximum levels of sound pressure which are more stringent than those set by the
3.10Pollution Control Agency.
3.11    (e) The Pollution Control Agency shall adopt standards for the identification of
3.12hazardous waste and for the management, identification, labeling, classification, storage,
3.13collection, transportation, processing, and disposal of hazardous waste, recognizing
3.14that due to variable factors, a single standard of hazardous waste control may not be
3.15applicable to all areas of the state. In adopting standards, the Pollution Control Agency
3.16shall recognize that elements of control which may be reasonable and proper in densely
3.17populated areas of the state may be unreasonable and improper in sparsely populated
3.18or remote areas of the state. The agency shall consider existing physical conditions,
3.19topography, soils, and geology, climate, transportation and land use. Standards of
3.20hazardous waste control shall be premised on technical knowledge, and commonly
3.21accepted practices. Hazardous waste generator licenses may be issued for a term not to
3.22exceed five years. No local government unit shall set standards of hazardous waste control
3.23which are in conflict or inconsistent with those set by the Pollution Control Agency.
3.24    A person who generates less than 100 kilograms of hazardous waste per month is
3.25exempt from the following agency hazardous waste rules:
3.26    (1) rules relating to transportation, manifesting, storage, and labeling for
3.27photographic fixer and X-ray negative wastes that are hazardous solely because of silver
3.28content; and
3.29    (2) any rule requiring the generator to send to the agency or commissioner a copy
3.30of each manifest for the transportation of hazardous waste for off-site treatment, storage,
3.31or disposal, except that counties within the metropolitan area may require generators to
3.32provide manifests.
3.33Nothing in this paragraph exempts the generator from the agency's rules relating to on-site
3.34accumulation or outdoor storage. A political subdivision or other local unit of government
3.35may not adopt management requirements that are more restrictive than this paragraph.
3.36EFFECTIVE DATE.This section is effective the day following final enactment.

4.1    Sec. 2. ADOPTION.
4.2    The rules under section 1 must be adopted and made effective by September 30,
4.32008, and shall be effective for motor vehicles with a model year of 2012 and later.
4.4EFFECTIVE DATE.This section is effective the day following final enactment."