“It ain’t over till it’s over,” said New York Yankee great Yogi Berra.

That’s the way a lot of lobbyists, advocates, agency staff, and legislators felt when the 2011 legislative session came to an end at midnight on May 23. Five months of action and drama, but still no budget and deficit resolve. “Extra innings,” Yogi would say!

Having been through many special sessions in my career, it is easy to understand why we will be doing it again but it is always frustrating to see it happen. Legislative law making is like watching sausage being ground up into wieners or hamburger. You wouldn’t want to see it or do it every day!

Most of the issues that MEP and its members groups have been working on through out the session are still pending. Here is a summary:

Environmental Budget:

HF1010 has been vetoed by the Governor. MEP supported the veto.

The bill contained deep general fund cuts in the environmental and conservation areas in MPCA, DNR, and the BWSR. The cuts ranged from 20-67% in certain programs and projects. The bill would have closed one of the two state nurseries in a money-saving effort. The DNR had indicated that the cuts to parks would directly affect the hours and services at state parks starting July 1. The biggest cuts in DNR would have come in waters and eco-services due to their heavy dependence on general funds.

The bill also would have moved money from LCCMR recommended projects to “emerging issues” like CWD, AIS, and a sulfate study. While these emerging issues are very important and need to be dealt with this session, it would have been done at the expense of the citizen-involved LCCMR process.

HF1010 also contained a couple of policy issues, including changes to the state sulfide standard applied to waters where wild rice grows. The bill would have suspended the current sulfide pollution discharge standard for waters capable of growing wild rice. The standard is currently 10 milligrams of sulfate per liter of water to 50 milligrams. The bill called for a study to be done on sulfide standards which could take 2-3 years. A suspended standard would benefit mining operations and their wastewater discharges, as well as wastewater treatment plants discharges.

The bill would have lowered the water quality standards for phosphorous discharge into Lake Pepin, placed a extra level of bureaucracy on water rule-making, repealed the protections provided under the Mississippi River Corridor Critical Area guidelines, exempted from EAW’s ethanol facilities expansions, and lessened the permit standards of large feedlots.

An environmental budget bill will be a part of the special session discussions and debate. MEP will continue to work to get the revenue committed to the environment and conservation increased to at least the traditional general fund base. MEP will also work to keep the bad policy issues left off the budget bill.

Coal Plant Restrictions:

SF86, authored by Senator Julie Rosen (R-Fairmont) and Rep. Mike Beard (R-Shakopee) has passed and is awaiting the Governor’s decision. The Governor vetoed this bill!

This legislation would remove restrictions on building new coal-fired power plants in Minnesota and/or would allow Minnesota utilities to buy electricity from dirty coal plants in North Dakota.

This legislation would undo a critical part of the 2007 Next Generation Energy Act which passed the legislature and was signed into law by Governor Pawlenty. Currently the law establishes a goal of a 15% reduction in the greenhouse gas emissions by 2015 and 80% by 2050.

The omnibus energy bill, SF1197, also was passed and sent to the Governor. This bill includes a special exemption for the Spiritwood plant near Jamestown, N.D., in terms of allowing electricity produced at that plant to be exported to Minnesota. The Governor signed this bill.

MEP opposed these bills due to concerns over back tracking on the renewal energy alternatives and exporting Minnesota energy dollars to other states.

Nuclear Power Plant Moratorium:

The conference committee on SF4 /HF9 never got out of conference committee. This legislation would repeal the 17-year-old moratorium on building new nuclear power plants in the state.

Environmental Policy:

SF1115 is the bill that started out as the Aquatic Invasive Species Policy Bill. However, in the House the bill became the omnibus environmental policy bill with more than 100 sections!

This omnibus bill includes controversial environmental and conservation issues, including changes in environmental review and EAW petitioning processes, water withdrawal from the Poplar River from snowmaking at Lutsen Ski Resort, and many more. The Governor signed this bill.

Legacy Clean Water Dedicated Dollars:

HF1061, authored by Rep. Dean Urdahl (R-Grove City) is the Legacy Bill. All four “pots” of money from the legacy funds are in this bill, including the conservation and habitat legacy funds, the clean water dollars, the parks and trails dollars, and the arts and history dollars.

The bill appropriates the $170 million over two years of clean water dollars raised from the dedicated sales tax funds. There is money for local governments and hopefully nonprofit organizations to continue to clean up our lakes and streams. The bill also calls for some changes in the makeup of the current clean water council and its duties.

This bill made it through conference committee but was rejected by the House due to a public meeting provision and the percentages of dollars to state parks, regional metro parks, and outstate local and county parks. This bill is expected back in special session, as well.

MEP and many other organizations are concerned over the deep cuts in environmental and conservation general funds in the budget bills and the possibility that the Legacy dollars could be used to “backfill” the gaps created by the deep general fund cuts. This is not what the voters expected when they voted strongly in support of the Legacy Amendment in 2008! We are working to see that this backfilling does not take place.

Streamlining of Environmental Review:

HF1 is now Chapter 4.

With the Governor’s signature, a major rollback of environmental review and permitting has taken place.

HF1 establishes a goal of petition decision making within 150 days of application by the DNR and the MPCA in order to provide faster environmental review and permitting.  The Governor had already addressed this concern and legislative priority with a January executive order. The legislature chose to go further then the provisions in the executive order.

The new law eliminates the district courts as the first line of defense for individuals or groups to appeal EIS decisions – leaving only the appeals court to be the court of pubic input.

The bill also allows the proponent of a project to prepare the draft EIS and then have the Responsible Government Agency (RGU) review and approve the document. MEP and others believe that this two-step approach to environmental review could actually slow down the entire process.

The biggest environmental roll back in the bill is language that exempts the IRRRB from MEPA’s requirement that environmental impacts be taken into consideration before making financial decisions relating to proposals in front of the IRRRB. MEP believes strongly that before the IRRRB decides to loan public money to a project such as PolyMet, it should first understand the environmental impacts of what it is funding. This provision was not in the bill as introduced but was added by amendment on the house and senate floors with Republicans and Iron Rangers voting in support of the provision.

This type of environmental review and permitting covered by this new legislation usually occurs in the MPCA on permits for big agriculture feedlots, large construction sites, power plants sitting and building, and the DNR for mining and forestry projects.

Environmental Cut Backs:

Much work remains to be done in a special session in June or later! The entire state budget, except to the Ag Department, needs to be passed by July 1 in order to avoid a government shut down! With the veto of all the GOP-supported budget bills the Governor and legislative leadership must refocus and attempt to come to some resolve on the entire budget level and where to get extra revenue—if agreed upon.

MEP does not support the deep cuts in the budget or the legislative effort to roll back environmental protection in this state. Many gains have been made in the environmental arena over the 10-20 years. Republicans and Democrats, working together, crafted public policy for clean energy alternatives to coal and nuclear energy, stronger protections for our lakes, rivers, and streams, and established ways that the general public and interested parties in general to participate in decisions that affect their communities and lives.

In MEP’s annual polling, Minnesotans indicate that clean energy and clean water are keys to the future of this state. Over 80% of Minnesotan’s polled last fall indicated that they support the need for industry to continue to follow existing laws that protect water, land, and the air—not roll back the protections!

MEP Message & Mission:

MEP’s position of protecting our environment, preserving of habitat, improving the quality of our lakes and streams, and using clean energy are strongly supported by the majority of Minnesotans. Our message remains clear. Minnesotans want clean water. We want clean energy jobs.  We want our Great Outdoors to be protected and preserved for future generations.

MEP and its members groups will continue to lobby in the special session to “Protect Minnesota’s Future.”

If you have any questions or concerns about the issues mentioned above, or any other, feel free to contact me at gary@capitolconnections.com.

What are you doing this weekend?

I will be spending some quality time at the State Capitol as we continue to work with the 201 legislators on legislation of major importance to Minnesotans and to our environment and conservation traditions and values.

I am writing this update to my report during a long recess of both the House and the Senate. They will be going back into session soon and work tonight, Saturday, maybe Sunday, and finish up on Monday.

Most of the many issues that MEP and its members groups have been working on through out the session are still pending. Here is a summary:

Environmental Budget Bill:

HF1010 has been passed and sent to the Governor. He is expected to veto the bill. The bill is authored by Rep. Denny McNamara (R-Hasting) and Senator Bill Ingebrigtsen (R-Alexandria).

The bill contains deep general fund cuts in the environmental and conservation areas in MPCA, DNR, and the BWSR. The cuts range from 20-67% in certain programs and projects. The bill would close one of the two state nurseries in a money-saving effort. The DNR has indicated that the cuts to parks will affect directly the hours and services at our state parks, starting July 1. The biggest cuts in DNR come in waters and eco-services due to their heavy dependence on general funds.

The bill also moves money from the LCCMR recommendations to “emerging issues” like CWD, AIS, and a sulfate study. While these emerging issues are very important and need to be dealt with this session, it is being done at the expense of the citizen-involved LCCMR process.

HF1010 also contains a couple of policy issues, including changes to the state sulfide standard applied to waters growing wild rice. The bill would suspend the current sulfide pollution discharge standard for waters capable of growing wild rice. The standard is currently 10 milligrams of sulfate per liter of water to 50 milligrams. The bill calls for a study to be done on sulfide standards for waters that are capable of growing wild rice, which could take 2-3 years. A suspended standard would benefit mining operations and their wastewater discharges, as well as wastewater treatment plants discharges.

The bill lowers the water quality standard for phosphorous discharge into Lake Pepin, places a extra level of bureaucracy on all water rule-making, repeals the protections provided under the Mississippi River Corridor Critical Area guidelines, exempts from EAW’s ethanol facilities expansions, and lessens the permit standards of large feedlots.

MEP testified on each of the bills as they moved through the process and expressed concern over the deep general fund cuts, as well as, the negative impacts of the environmental roll backs called for in policy bills added and included in the budget bill.

MEP supports the Governor in vetoing this bill!

Bills to lift Coal Plant Restrictions:

SF86 is authored by Senator Julie Rosen (R-Fairmont) and Rep. Mike Beard (R-Shakopee). The bill has passed the floors of the House and the Senate and is pending compromise action in a conference committee that is expected to meet Friday night.

This legislation would remove restrictions on building new coal-fired power plants in Minnesota and/or would allow Minnesota utilities to buy electricity from dirty coal plants in North Dakota.

This legislation would undo a critical part of the 2007 Next Generation Energy Act which passed the legislature and was signed into law by Governor Pawlenty. Currently the law establishes a goal of a 15% reduction in the greenhouse gas emissions by 2015 and 80% by 2050. MEP opposes these bills due to concerns over back tracking on the renewal energy alternatives and exporting Minnesota energy dollars to other states.

Nuclear Power Plant Moratorium Lifting:

The conference committee on SF4 /HF9 continues to be on hold. The debate has paused after the problems with nuclear power plants occurred in Japan.

This legislation would repeal the 17-year-old moratorium on building new nuclear power plants in the state. The Governor is actively involved in this legislation and has established three concerns that would need to be addressed if he is going to sign the bill.

MEP and MEP member organizations oppose the legislation and are encouraging the Governor to veto the bill if it gets to his desk.

Environmental Policy Bills:

SF1115 is the bill that started out as the Aquatic Invasive Species Policy Bill. However, in the House the bill became the omnibus environmental policy bill with over 100 sections!

This omnibus bill includes controversial environmental and conservation issues, including changes in environmental review and EAW petitioning processes, water withdrawal from the Poplar River for snowmaking at Lutsen Ski Resort, and many more.

MEP is urging the House and the Senate to reject the conference committee report and return the bill back to conference committee with instructions to remove the omnibus junk in the bill and bring back a clean AIS policy bill.

Legacy Clean Water Dedicated Dollars:

HF1061, authored by Rep. Dean Urdahl (R-Grove City) is now the Legacy Bill in the House. All four “pots” of money from the legacy funds are in this bill, including the conservation and habitat legacy funds, the clean water dollars, the parks and trails dollars, and the arts and history dollars.

The bill appropriates the $170 million over two years of clean water dollars raised from the dedicated sales tax funds. There is money for local governments and hopefully nonprofit organizations to continue to clean up our lakes and streams. The bill also calls for some changes in the makeup of the current clean water council and its duties.  Language in the bill reserves 20% of the Lessard-Sams money for maintenance of lands purchased under the bill and dollars for payments to local government for taking the land off the tax rolls.

The Senate’s version of the Legacy bill is SF1363, authored by Environment Committee Chair Senator Bill Ingebrigtsen (R-Alexandria). This bill would replace the current Clean Water Council with a new Clean Water Council modeled after the Lessard-Sams Council. These two bills are where the debate is occurring over state land purchases and money to improve and maintain them, as well as determining levels of PILT payments to local governments for property taxes and the source(s) of funding for those PILT payments.

MEP and many other organizations are concerned over the deep cuts in environmental and conservation general funds in the budget bills and the possibility that the Legacy dollars could be used to “backfill” the gaps created by the deep general fund cuts. This is not what the voters expected when they voted strongly in support of the Legacy Amendment in 2008! We are working to see that this backfilling does not take place.

These bills are currently in conference committee—one that has never met and only has a few days remaining in the session.

Aquatic Invasive Species Controls:

The legislature is moving forward with an increased effort in the battle against aquatic invasive species. The Governor’s plan is contained in HF1162, authored Rep. John Ward (D-Brainerd).  The fight against AIS includes zebra mussels, Eurasian watermilfoil, and Asian carp. HF1162 increases fines for boaters who don’t properly drain their boats and bait buckets. That bill has now become part of SF1115.

The Governor proposed to pay for the increased effort with an increase in the current $5 surcharge every three years tied to boat licenses. These license surcharges would vary depending on the watercraft size and type and are projected to raise $4 million per year for the educational, enforcement, and public awareness AIS campaign. However, HF1162, as currently written, contains policy changes by no increased funding sources.

SF1115 provides the policy language needed to jump start a full force AIS effort by the DNR. The start-up money is from the LCMMR dollars for the first two years and is in HF1010—the environment finance bill.

The reaction to license fee increases, including boat license fees for AIS, has not been well received at the State Capitol. The majority party considers fees to be taxes and does support raising either at this point in the legislative session. Currently in both budget bills, lottery dollars are being redirected to increase the efforts surrounding the fighting of AIS through education and enforcement.

Local Control:

Legislation of concern has been introduced that could potentially weaken local control for townships, cities, and counties. SF270, is authored by Senator Warren Limmer (R-Maple Grove) and is awaiting action on the Senate floor.

The House companion to this bill is HF389, authored by Rep. Mike Beard, and awaiting House floor action.

MEP is opposed to these bills due to the fact that they would weaken local control in terms of environmental protection and review.

Streamlining of Environmental Review:

HF1 is now Chapter 4.

With the Governor’s signature, a major rollback of environmental review and permitting has taken place.

HF1 establishes a goal of petition decision making within 150 days of application by the DNR and the MPCA in order to provide faster environmental review and permitting.  The Governor had already addressed this concern and legislative priority with a January executive order. The legislature chose to go further then the provisions in the executive order.

The new law eliminates the district courts as the first line of defense for individuals or groups to appeal EIS decisions – leaving only the appeals court to be the court of pubic input.

The bill also allows the proponent of a project to prepare the draft EIS and then have the Responsible Government Agency (RGU) review and approve the document. MEP and others believe that this two-step approach to environmental review could actually slow down the entire process.

The biggest environmental roll back in the bill is language that exempts the IRRRB from MEPA’s requirement that environmental impacts be taken into consideration before making financial decisions relating to proposals in front of the IRRRB. MEP believes strongly that before the IRRRB decides to loan public money to a project such as PolyMet, it should first understand the environmental impacts of what it is funding. This provision was not in the bill as introduced but was added by amendment on the house and senate floors with Republicans and Iron Rangers voting in support of the provision.

This type of environmental review and permitting covered by this new legislation usually occurs in the MPCA on permits for big agriculture feedlots, large construction sites, power plants sitting and building, and the DNR for mining and forestry projects.

MEP and MEP members opposed this bill all the way along the legislative process and asked the Governor for a veto. It did not happen!

Environmental Cut Backs:

These GOP-authored bills are strongly backed by the state Chamber of Commerce and are part of the GOP “jobs creation” and “get government off of the backs of business” package. These bills are, in theory, what the Republicans heard from the general public and business during the campaigns of last year.

The majority party is also against raising taxes for fees—thus the deep cuts to address the $5 billion deficit. They are also against raising the fines on AIS violations.

MEP does not support the deep cuts in the budget or the legislative effort to roll back environmental protection in this state. Many gains have been made in the environmental arena over the 10-20 years. Republicans and Democrats, working together, crafted public policy for clean energy alternatives to coal and nuclear energy, stronger protections for our lakes, rivers, and streams, and established ways that the general public and interested parties in general to participate in decisions that affect their communities and lives.

In MEP’s annual polling, Minnesotans indicate that clean energy and clean water are keys to the future of this state. Over 80% of Minnesotan’s polled last fall indicated that they support the need for industry to continue to follow existing laws that protect water, land, and the air—not roll back the protections!

MEP Message & Mission:

MEP’s position of protecting our environment, preserving of habitat, improving the quality of our lakes and streams, and using clean energy are strongly supported by the majority of Minnesotans. Our message remains clear. Minnesotans want clean water. We want clean energy jobs.  We want our Great Outdoors to be protected and preserved for future generations.

MEP and its members groups will continue to lobby the 2011 Legislature and the Governor Dayton administration to “Protect Minnesota’s Future.”

If you have any questions or concerns about the issues mentioned above, or any other, feel free to contact me at gary@capitolconnections.com.

This has been a difficult year at the Capitol. Many of the environment and conservation gains that have been made over the last 10-20 years have come under attack in an effort to roll back government regulation and red tape on business, farmers, developers, and local government. MEP members believe that the environment and the business community can co-exist in harmony. The Minnesota quality of life includes a good job and a good environment in which to work and play.

As we prepare for a special session, we also urge you to contact your local representative and senator and talk to them about good clean energy jobs and the need to continue to enhance and protect the environment. They need to hear from you. Grassroots is the key to success!

I am writing this update on Friday afternoon in advance of a long evening back at the Capitol as the House and Senate confer the environment budget bill. The House version is HF1010 and the Senate version is SF1029. The two sides have met a number of times in the last week and are expected to reach final agreement yet tonight (Friday).

With one week left in the 2011 legislative session, it appears likely that the Legislature will not reach agreement on budget bills and numerous policy issues. It appears that a special session in June will be necessary in order to reach any agreements in terms of dealing with a $5 billion budget shortfall and how to fund state government for the next two years.

One budget bill, the Agriculture Budget bill, is finished and signed into law! All other budget bills are in conference committee. Most of the committees have met this past week to review the differences in the House and Senate versions of the spending bills for state agencies and all the programs and projects that the state pays for with general funds.

Bills to lift Coal Plant Restrictions:

An amended version of HF72, authored by Rep. Mike Beard (R-Shakopee), was passed by the full House this week, 76-54.

The Senate voted 42-18 to lift restrictions on carbon dioxide from coal production. The bill, SF86, is authored by Senator Julie Rosen (R-Fairmont).

These two bills are now headed for a conference committee to work out the differences.

Both the House and Senate versions of this legislation would remove restrictions on building new coal-fired power plants in Minnesota and would allow Minnesota utilities to pay for electricity from dirty coal plants in North Dakota.

This legislation would undo a critical part of the 2007 Next Generation Energy Act which passed the legislature and was signed into law by Governor Pawlenty. Currently the law establishes a goal of a 15% reduction in the greenhouse gas emissions by 2015 and 80% by 2050. MEP opposes these bills due to concerns over back tracking on the renewal energy alternatives and exporting Minnesota energy dollars to other states.

Environmental Budget Bills:

The environment conference committee, as I mentioned above, will be meeting Friday night and into the weekend if needed. The committee is considering dollar differences in major important environment and conservation programs and departments. The committee is also considering numerous policy changes that were incorporated in each version of the budget bills.

The House conferees are Representatives McNamara, Hackbarth, Torkelson, Hoppe and Dill. The Senate conferees are Senators Ingebrigtsen, Rosen, Gerlach, Pederson and Dahms.

MEP testified on each of the bills as they moved through the process and expressed concern over the deep general fund cuts. We also commented strongly on a large number of bad policy bills, most surrounding water, that have been rounded into the budget bills.

House Environmental Budget Bill:

HF1010, authored by committee chair Rep. Denny McNamara (R-Hasting). There are deep general fund cuts in the environmental and conservation areas in MPCA, DNR, and the BWSR. The bill would close the two state nurseries in a money-saving effort. The DNR has indicated they may have to close a number of state parks if these general fund cuts become law.

The bill also moves money from the LCCMR recommendations to “emerging issues” like CWD, AIS, and a sulfate study. While these emerging issues are very important and need to be dealt with this session, it is being done at the expense of the citizen-involved LCCMR process. The bill also sets aside some of the LCCMR dollars in order to maintain newly acquired lands and provide dollars to local government for payment for lands coming off the tax rolls.

HF1010 also contains a couple of policy issues, including changes to the state sulfide standard applied to waters that are capable of growing wild rice. The current sulfide pollution discharge standard for waters capable of growing wild rice is changed from 10 milligrams of sulfate per liter of water to 50 milligrams. This new, weaker standard would be used in the interim while the two-year study takes place. The weaker standard would benefit mining operations and their wastewater discharges, as well as wastewater treatment plants discharges.

Senate Environment Budget Bill:

SF1029, authored by committee chair Senator Bill Ingebrigtsen (R-Alexandria), does not cut the environmental conservation state agencies as deeply as the House bill. However, the general fund cuts also hit hard in the waters and eco-services division, as well as parks and trails.

SF1029 contains a number of policy changes to current state law.  The bill would suspend the current sulfide pollution discharge standard while a new standard is researched and put in place through rule making. The bill lowers the water quality standard for phosphorous discharges into Lake Pepin, places a two-year moratorium on all water rule-making, repeals the protections provided under the Mississippi River Corridor Critical Area guidelines, exempts from EAW’s ethanol facilities expansions, and lessens the permit standards of large feedlots.

MEP is meeting with and working with the committee conferees to improve the dollars in the bill and remove “bad bills” that have been included in two versions of the bill. We have also been in contact with the Governor’s office in regard to our concerns.

Environmental Policy Bills:

Identify the two bills SF1115 / HF1097 have passed both the House and the Senate and are headed for conference committee. These omnibus bills include key controversial environmental and conservation issues, including
Aquatic Invasive Species (AIS), changes in environmental review and EAW petitions, and policies concerning the Poplar River and its trout population.

Nuclear Power Plant Moratorium Lifting:

The conference committee on SF4 /HF9 continues to be on hold. The debate has paused after the problems with nuclear power plants occurred in Japan.

This legislation would repeal the 17-year-old moratorium on building new nuclear power plants in the state. The Governor is actively involved in this legislation and has established three concerns that would need to be addressed if he is going to sign the bill.

SF4 is authored by Senate Majority Leader Amy Koch (R-Buffalo). HF9 is authored by Rep. Joyce Peppin (R-Rogers).

MEP and MEP member organizations oppose the legislation and are encouraging the Governor to veto the bill.

Legacy Clean Water Dedicated Dollars:

HF1061, authored by Rep. Dean Urdahl (R-Grove City) is now the Legacy Bill in the House. All four “pots” of money from the legacy funds are in this bill, including the legacy dedicated funds, the clean water dedicated dollars, and the parks and trails dedicated dollars, and the arts and history dedicated dollars.

The bill appropriates the $170 million over two years of clean water dollars raised from the dedicated sales tax funds. There is money for local governments and hopefully nonprofit organizations to continue to clean up our lakes and streams. The bill also calls for some changes in the makeup of the current clean water council and its duties.  Language in the bill reserves 20% of the Lessard-Sams money for maintenance of lands purchased under the bill and dollars for payments to local government for taking the land off the tax rolls.

The Senate’s version of the Legacy bill is SF1363, authored by Environment Committee Chair Senator Bill Ingebrigtsen (R-Alexandria). This bill would replace the current Clean Water Council with a new Clean Water Council modeled after the Lessard-Sams Council. These two bills are where the debate is occurring over state land purchases and money to improve and maintain them, as well as, determine levels of PILT payments to local governments for property taxes and the source(s) of funding for those PILT payments.

MEP and many other organizations are concerned over the deep cuts in environmental and conservation general funds in the budget bills and the possibility that the Legacy dollars could be used to “backfill” the gaps created by the deep general fund cuts. This is not what the voters expected when they voted strongly in support of the Legacy Amendment in 2008! We are working to see that this backfilling does not take place!

Water Rules Two-Year Moratorium:

SF196, authored by Senator John Pederson (R-St. Cloud) would place a two-year freeze on all water rulemaking currently taking place and calls for a study due back next session regarding consolidation of the water agencies and functions. This bill language is also included in the Senate Environment Finance bill.

HF182 is the House companion and is authored by Rep. Mike Beard (R-Shakopee). That bill is now part of HF1097-the House’s version of the omnibus environmental policy bill.

Phosphorous Standards in Lake Pepin:

SF161, also authored by Pederson would require the states of Minnesota and Wisconsin to establish a phosphorous standard for Lake Pepin and implement that new standard only in certain months of the year. This bill language is included in the Senate Environment Finance bill.

HF368 is the House companion and is authored by Rep. King Banaian (R-St. Cloud).

Waters with Wild Rice, Sulfate Standards:

The battle continues over sulfate standards for water where wild rice grows! Changes to the current sulfate standard are included in both the House and Senate Environment Finance bills. An MPCA-led study to determine the appropriate level or standard based on good science is also included and funded in both bills. The current sulfate level in wastewater discharges of 10 milligrams has been in place since 1973. Mining operations and certain legislators believe this standard is not based on any good science and is too strict for them to meet. MEP supports the sulfate standards study to be headed by the MPCA and supports leaving the current sulfate standard in place until the study is complete.

Mississippi River Corridor Critical Area Repeal:

SF39, authored by Senator Benjamin Kruse (R-Brooklyn Park), would repeal the Mississippi River corridor critical area designation that covers the river front planning and development along the 72-mile Mississippi river from Dayton through Hastings. SF39 passed the Senate floor over a week ago on a 35-27 vote.

The bill is also included in the Senate Environmental Finance bill.

The House companion is HF95, authored by Rep. Melissa Hortman (D-Brooklyn Park). Her bill is pending in the House Energy, Environment, and Natural Resources Committee.

These bills would repeal state rulemaking for the Mississippi River Corridor Critical Area. This 2009 law directs the DNR to work with local units of government and other stakeholders to update minimum standards and guidelines for the river corridor. That work is nearly complete. If allowed to become law, this legislation would prevent new standards and guidelines designed to update protections for the Mississippi River from being enacted.

MEP and many MEP members oppose these bills.

Aquatic Invasive Species Controls:

The legislature is moving forward with an increased effort in the battle against aquatic invasive species. The Governor’s plan is contained in HF1162, authored Rep. John Ward (D-Brainerd).  The fight against AIS includes zebra mussels, Eurasian watermilfoil, and Asian carp. HF1162 increases fines for boaters who don’t properly drain their boats and bait buckets. That bill has now become part of HF1097.

The Governor proposed to pay for the increased effort with an increase in the current $5 surcharge every three years tied to boat licenses. These license surcharges would vary depending on the watercraft size and type and are projected to raise $4 million per year for the educational, enforcement, and public awareness AIS campaign. However, HF1162, as currently written, contains policy changes by no increased funding sources.

In the Senate, SF1115, authored by Senator Ingebrigtsen is moving in the Senate.

Both the House and Senate Environment Finance bills fund an increased AIS effort by the DNR with LCMMR dollars for two years.

The reaction to license fee increases, including boat license fees for AIS, has not been well received at the State Capitol. The majority party considers fees to be taxes and does support raising either at this point in the legislative session. Currently in both budget bills, lottery dollars are being redirected to increase the efforts surrounding the fighting of AIS through education and enforcement.

A Bonding Bill:

Rumors around the Capitol continue to include the strong possibility that a bonding bill will be part of the “final solution.” Both the House and Senate Bonding Committees are readying a smaller bonding bill that would deal with flooding concerns and problems for the state and local government in terms of highways and buildings.  The House is working on a bonding bill, HF959, authored by Rep. Larry Howes (R-Walker).  The Governor’s $500 million bonding bill, HF607, received one hearing and was laid on the table.

Legislative Approval of Agency Rules:

Legislation is moving that would require legislative approval of any state agency rule making process that would cost of $10,000. Similar legislation has been introduced relating to elections, education, and health and human services. The philosophy is one of legislative control of rule making so that the rules to do not move too far from the original intent of the legislation.

HF203 is authored by Rep. Torrey Westrom (R-Elbow Lake) and has passed the House. SF261 is authored by Senator David Senjem (R-Rochester) and is awaiting action on the Senate floor.

Governor Dayton has indicated opposition to these bills, noting that Governor Pawlenty vetoed similar bills in the past.

Local Control:

Legislation of concern has been introduced that could potentially weaken local control for townships, cities, and counties. SF270, authored by Senator Warren Limmer (R-Maple Grove). This bill passed its only committee this week and is headed for the Senate floor.

The House companion to this bill is HF389, is authored by Rep. Mike Beard and is awaiting House floor action.

MEP is opposed to these bills due to the fact that they would weaken local control in terms of environmental protection and review.

Citizen Participation in LCCMR and Lessard-Sams Decisions:

This has been a tough year for citizen participation in the two councils that “make recommendations” regarding lottery dollars and dedicated sales tax dollars. Both the recommendations from the LCCMR and the Lessard-Sams Council have been changed in the legislative process. Changes have been made in the past regarding the old LCMR recommendations and process, but the newer LCCMR version and even newer Lessard-Sams model are not accustom to the Legislature holding and playing the bigger cards. The jury is still out over the fallout of this year’s actions.

HF1073, authored by Rep. Rick Hanson (D-South St. Paul),
has been introduced that would do away with both councils and all the citizens involved and move the decisions back to the legislature.

Innovative Energy Projects:

MEP members are monitoring a new energy bill. SF417, authored by Senator Dave Tomassoni (D-Chisholm), and HF618, authored by Rep. Mike Beard (R-Shakopee), would modify the innovative energy project standards in current law. The bill calls for the use of a combustion turbine generation technology using synthesis gas derived from coal and other hydrocarbon resources as a primary fuel. SF417 received it first hearing this week.

Streamlining of Environmental Review:

HF1 is now Chapter 4.

With the Governor’s signature, a major rollback of environmental review and permitting has taken place.

HF1 establishes a goal of petition decision making within 150 days of application by the DNR and the MPCA in order to provide faster environmental review and permitting.  The Governor had already addressed this concern and legislative priority with a January executive order. The legislature chose to go further then the provisions in the executive order.

The new law eliminates the district courts as the first line of defense for individuals or groups to appeal EIS decisions – leaving only the appeals court to be the court of pubic input.

The bill also allows the proponent of a project to prepare the draft EIS and then have the Responsible Government Agency (RGU) review and approve the document. MEP and others believe that this two-step approach to environmental review could actually slow down the entire process.

The biggest environmental roll back in the bill is language that exempts the IRRRB from MEPA’s requirement that environmental impacts be taken into consideration before making financial decisions relating to proposals in front of the IRRRB. MEP believes strongly that before the IRRRB decides to loan public money to a project such as PolyMet, it should first understand the environmental impacts of what it is funding. This provision was not in the bill as introduced but was added by amendment on the house and senate floors with Republicans and Iron Rangers voting in support of the provision.

This type of environmental review and permitting covered by this new legislation usually occurs in the MPCA on permits for big agriculture feedlots, large construction sites, power plants sitting and building, and the DNR for mining and forestry projects.

MEP and MEP members opposed this bill all the way along the legislative process and asked the Governor for a veto. It did not happen!

Environmental Cut Backs:

These GOP-authored bills are strongly backed by the state Chamber of Commerce and are part of the GOP “jobs creation” and “get government off of the backs of business” package. These bills are, in theory, what the Republicans heard from the general public and business during the campaigns of last year.

The majority party is also against raising taxes for fees—thus the deep cuts to address the $5 billion deficit.

MEP does not support the deep cuts in the budget or the legislative effort to roll back environmental protection in this state. Many gains have been made in the environmental arena over the 10-20 years. Republicans and Democrats, working together, crafted public policy for clean energy alternatives to coal and nuclear energy, stronger protections for our lakes, rivers, and streams, and established ways that the general public and interested parties in general to participate in decisions that affect their communities and lives.

In MEP’s annual polling, Minnesotans indicate that clean energy and clean water are keys to the future of this state. Over 80% of Minnesotan’s polled last fall indicated that they support the need for industry to continue to follow existing laws that protect water, land, and the air—not roll back the protections!

MEP Message & Mission:

MEP’s position of protecting our environment, preserving of habitat, improving the quality of our lakes and streams, and using clean energy are strongly supported by the majority of Minnesotans. Our message remains clear. Minnesotans want clean water. They want clean energy jobs.  And they want our Great Outdoors to be protected and preserved for future generations.

MEP and its members groups will continue to lobby the 2011 Legislature and the Governor Dayton administration to “Protect Minnesota’s Future.”

If you have any questions or concerns about the issues mentioned above, or any other, feel free to contact me at gary@capitolconnections.com.

We urge you to contact your local representative and senator and talk to them about good clean energy jobs and the need to continue to enhance and protect the environment. They need to hear from you; grassroots is the key to success!

I am writing this update on Friday afternoon. It is close to 70 degrees outside and most folks are looking to get there!

The Legislature returned this week to continue their work toward adjournment at midnight of May 23. The committees met long and often to get bills passed out of policy committees to meet the first deadline. The Agriculture Budget bill is finished and signed into law. All other budget bills are in conference committee. Most of the committees have met this past week to review the differences in the House and Senate versions of the spending bills for state agencies and all the programs and projects that the state pays for with general funds.

With all the general cuts that are being used to close the $5 billion budget gap without any new revenue, the debate has been long and heated. Many of these cuts go deep into programs that have been developed and delivered over the years. The pain is real and the concern is being expressed by many affected parties.

Bills to lift Coal Plant Restrictions:

The Senate has voted 42-18 to lift restrictions on carbon dioxide from coal production. The bill, SF86, is authored by Senator Julie Rosen (R-Fairmont).

Both the House and Senate versions of this legislation would remove restrictions on building new coal-fired power plants in Minnesota and would allow Minnesota utilities to pay for electricity from dirty coal plants in North Dakota. The House bill is awaiting floor action.

HF72, authored by Rep. Mike Beard (R-Shakopee), would repeal the current standards for building new coal-fired power plants without a plan for offsetting the emissions. Rumors have it that HF72 will be debated and voted on Monday, May 2.

This legislation would undo a critical part of the 2007 Next Generation Energy Act which passed the legislature and was signed into law by Governor Pawlenty. Currently the law establishes a goal of a 15% reduction in the greenhouse gas emissions by 2015 and 80% by 2050. MEP opposes these bills due to concerns over back-tracking on the renewal energy alternatives and exporting Minnesota energy dollars to other states.

Environmental Budget Bills:

The conference committee met this morning, April 29, for the first time. They reviewed the money differences in the House and Senate versions of the budget bill. The conference committee also heard from commissioners from the affected state agencies. The conference committee will continue their hearing on the omnibus environmental finance bills on May 4 at 8:30 a.m.

The House conferees are Representatives McNamara, Hackbarth, Torkelson, Hoppe and Dill. The Senate conferees are Senators Ingebrigtsen, Rosen, Gerlach, Pederson and Dahms.

MEP testified on each of the bills as they moved through the process and expressed concern over the deep general fund cuts. We also commented strongly on a large number of bad policy bills, most surrounding water, that have been rounded into the budget bills.

House Environmental Budget Bill:

HF1010, authored by committee chair Rep. Denny McNamara (R-Hasting). There are deep general fund cuts in the environmental and conservation areas in MPCA, DNR, and the BWSR. The bill would close the two state nurseries in a money-saving effort. The DNR has indicated they may have to close a number of state parks if these general fund cuts become law.

The bill also moves money from the LCCMR recommendations to “emerging issues” like CWD, AIS, and a sulfate study. While these emerging issues are very important and need to be dealt with this session, it is being done at the expense of the citizen-involved LCCMR process. The bill also sets aside some of the LCCMR dollars in order to maintain newly acquired lands and provide dollars to local government for payment for lands coming off the tax rolls.

HF1010 also contains a couple of policy issues, including changes to the state sulfide standard applied to waters that grow wild rice. The current sulfide pollution discharge standard for waters capable of growing wild rice is changed from 10 milligrams of sulfate per liter of water to 50 milligrams. This new, weaker standard would be used in the interim while a two-year study takes place. The weaker standard would benefit mining operations and their wastewater discharges, as well as wastewater treatment plants discharges.

Senate Environment Budget Bill:

SF1029, authored by committee chair Senator Bill Ingebrigtsen (R-Alexandria), does not cut the environmental conservation state agencies as deeply as the House bill. However, the general fund cuts also hit hard in the waters and eco-services division, as well as parks and trails.

SF1029 contains a number of policy changes to current state law.  The bill would suspend the current sulfide pollution discharge standard while a new standard is researched and put in place through rule making. The bill lowers the water quality standard for phosphorous discharges into Lake Pepin, places a two-year moratorium on all water rule-making, repeals the protections provided under the Mississippi River Corridor Critical Area guidelines, exempts from EAW’s ethanol facilities expansions, and lessens the permit standards of large feedlots.

MEP is meeting with and working with the committee conferees to improve the dollars in the bill and remove “bad bills” that have been included in two versions of the bill. We have also been in contact with the Governor’s office in regard to our concerns.

Nuclear Power Plant Moratorium Lifting:

The conference committee on SF4 /HF9 continues to be on hold. The debate has stalled after the problems with nuclear power plants occurred in Japan.

This legislation would repeal the 17-year-old moratorium on building new nuclear power plants in the state. The Governor is actively involved in this legislation and has established three concerns that would need to be addressed if he is going to sign the bill.

SF4 is authored by Senate Majority Leader Amy Koch (R-Buffalo). HF9 is authored by Rep. Joyce Peppin (R-Rogers).

MEP and MEP member organizations oppose the legislation and are encouraging the Governor to veto the bill.

Legacy Clean Water Dedicated Dollars:

HF1061, authored by Rep. Dean Urdahl (R-Grove City), is now the Legacy Bill in the House. All four “pots” of money from the Legacy funds are in this bill, including the Legacy dedicated funds, the clean water dedicated dollars, the parks and trails dedicated dollars, and the arts and history dedicated dollars.

The bill appropriates for two years the $170 million of clean water dollars raised from the dedicated sales tax funds. There is money for local governments and hopefully nonprofit organizations to continue to clean up our lakes and streams. The bill also calls for some changes in the makeup of the current Clean Water Council and its duties.  Language in the bill reserves 20% of the Lessard-Sams money for maintenance of lands purchased under the bill and dollars for payments to local government for taking the land off the tax rolls.

The Senate’s version of the Legacy bill is SF158, authored by Environment Committee Chair Senator Bill Ingebrigtsen (R-Alexandria). This bill would replace the current Clean Water Council with a new Clean Water Council modeled after the Lessard-Sams Council. These two bills are where the debate is occurring over state land purchases and money to improve and maintain them, as well as, determine levels of PILT payments to local governments for property taxes and the source(s) of funding for those PILT payments.

MEP and many other organizations are concerned over the deep cuts in environmental and conservation general funds in the budget bills and the possibility that the Legacy dollars could be used to “backfill” the gaps created by the deep general fund cuts. This is not what the voters expected when they voted strongly in support of the Legacy Amendment in 2008! We are working to see that this backfilling does not take place!

Water Rules Two-Year Moratorium:

SF196, authored by Senator John Pederson (R-St. Cloud) would place a two-year freeze on all water rulemaking currently taking place and calls for a study due back next session regarding consolidation of the water agencies and functions. This bill language is also included in the Senate Environment Finance bill.

HF182 is the House companion and is authored by Rep. Mike Beard (R-Shakopee). That bill passed its first committee this week and is moving,

Phosphorous Standards in Lake Pepin:

SF161, also authored by Pederson, would require the states of Minnesota and Wisconsin to establish a phosphorous standard for Lake Pepin and implement that new standard only in certain months of the year. This bill language is included in the Senate Environment Finance bill.

HF368 is the House companion and is authored by Rep. King Banaian (R-St. Cloud).

Waters with Wild Rice, Sulfate Standards:

The battle continues over sulfate standards for water where wild rice grows! Changes to the current sulfate standard are included in both the House and Senate Environment Finance bills. An MPCA-led study to determine the appropriate level or standard based on good science is also included and funded in both bills. The current sulfate level in wastewater discharges of 10 milligrams has been in place since 1973. Mining operations and certain legislators believe this standard is not based on any good science and is too strict for them to meet. MEP supports the sulfate standards study to be headed by the MPCA and supports leaving the current sulfate standard in place until the study is complete.

Mississippi River Corridor Critical Area Repeal:

SF39, authored by Senator Benjamin Kruse (R-Brooklyn Park), would repeal the Mississippi River Corridor Critical Area designation that covers the riverfront planning and development along the 72-mile Mississippi river from Dayton through Hastings. SF39 passed the Senate floor over a week ago on a 35-27 vote.

The bill is also included in the Senate Environmental Finance bill.

The House companion is HF95, authored by Rep. Melissa Hortman (D-Brooklyn Park). Her bill is pending in the House Energy, Environment, and Natural Resources Committee.

These bills would repeal state rulemaking for the Mississippi River Corridor Critical Area. This 2009 law directs the DNR to work with local units of government and other stakeholders to update minimum standards and guidelines for the river corridor. That work is nearly complete. If allowed to become law, this legislation would prevent new standards and guidelines designed to update protections for the Mississippi River from being enacted.

MEP and many MEP members oppose these bills.

Aquatic Invasive Species Controls:

The legislature is moving forward with an increased effort in the battle against aquatic invasive species. The Governor’s plan is contained in HF1162, authored Rep. John Ward (D-Brainerd).  The fight against Aquatic Invasive Species (AIS) includes zebra mussels, Eurasian watermilfoil, and Asian carp. HF1162 increases fines for boaters who don’t properly drain their boats and bait buckets. The Governor has proposed to pay for the increased effort with an increase in the current $5 surcharge every three years tied to boat licenses. These license surcharges would vary depending on the watercraft size and type and are projected to raise $4 million per year for the educational, enforcement, and public awareness AIS campaign. However, HF1162, as currently written, contains policy changes by no increased funding sources.

In the Senate, SF1115, authored by Senator Ingebrigtsen, is moving, as well.

Both the House and Senate Environment Finance bills fund an increased AIS effort by the DNR with LCMMR dollars for two years.

The reaction to license fee increases, including boat license fees for AIS, has not been well received at the State Capitol. The majority party considers fees to be taxes and does support raising either at this point in the legislative session. Currently in both budget bills, lottery dollars are being redirected to increase the efforts surrounding the fighting of AIS through education and enforcement.

A Bonding Bill:

Rumors around the Capitol continue to include the strong possibility that a bonding bill will be part of the “final solution.” Both the House and Senate Bonding Committees are readying a smaller bonding bill that would deal with flooding concerns and problems for the state and local government in terms of highways and buildings.  The House is working on a bonding bill, HF959, authored by Rep. Larry Howes (R-Walker).  The Governor’s $500 million bonding bill, HF607, received one hearing and was laid on the table.

Legislative Approval of Agency Rules:

Legislation is moving that would require legislative approval of any state agency rule-making process that would cost of $10,000.  Similar legislation has been introduced relating to elections, education, and health and human services. The philosophy is one of legislative control of rule making so that the rules to do not move too far from the original intent of the legislation.

HF203 is authored by Rep. Torrey Westrom (R-Elbow Lake) and has passed the House. SF261 is authored by Senator David Senjem (R-Rochester) and is awaiting action on the Senate floor.

Governor Dayton has indicated opposition to these bills, noting that Governor Pawlenty vetoed similar bills in the past.

Local Control:

Legislation of concern has been introduced that could potentially weaken local control for townships, cities, and counties. SF270, authored by Senator Warren Limmer (R-Maple Grove). This bill passed its only committee this week and is headed for the Senate floor.

The House companion to this bill is HF389, authored by Rep. Mike Beard.

Citizen Participation in LCCMR and Lessard-Sams Decisions:

This has been a tough year for citizen participation in the two councils that “make recommendations” regarding lottery dollars and dedicated sales tax dollars. Both the recommendations from the LCCMR and the Lessard-Sams Council have been changed in the legislative process. Changes have been made in the past regarding the old LCMR recommendations and process, but the newer LCCMR version and even newer Lessard-Sams model are not accustom to the Legislature holding and playing the bigger cards. The jury is still out over the fallout of this year’s actions.

HF1073, authored by Rep. Rick Hanson (D-South St. Paul), has been introduced that would do away with both councils and all the citizens involved and move the decisions back to the legislature.

Innovative Energy Projects:

MEP members are monitoring a new energy bill. SF417, authored by Senator Dave Tomassoni (D-Chisholm), and HF618, authored by Rep. Mike Beard (R-Shakopee), would modify the innovative energy project standards in current law. The bill calls for the use of a combustion turbine generation technology using synthesis gas derived from coal and other hydrocarbon resources as a primary fuel. No hearings have been held to date.

Streamlining of Environmental Review:

HF1 is now Chapter 4.

With the Governor’s signature, a major rollback of environmental review and permitting has taken place.

HF1 establishes a goal of petition decision making within 150 days of application by the DNR and the MPCA in order to provide faster environmental review and permitting.  The Governor had already addressed this concern and legislative priority with a January executive order. The legislature chose to go further then the provisions in the executive order.

The new law eliminates the district courts as the first line of defense for individuals or groups to appeal EIS decisions – leaving only the appeals court to be the court of pubic input.

The bill also allows the proponent of a project to prepare the draft EIS and then have the Responsible Government Agency (RGU) review and approve the document. MEP and others believe that this two-step approach to environmental review could actually slow down the entire process.

The biggest environmental roll back in the bill is language that exempts the IRRRB from MEPA’s requirement that environmental impacts be taken into consideration before making financial decisions relating to proposals in front of the IRRRB. MEP believes strongly that before the IRRRB decides to loan public money to a project such as PolyMet, it should first understand the environmental impacts of what it is funding. This provision was not in the bill as introduced but was added by amendment on the house and senate floors with Republicans and Iron Rangers voting in support of the provision.

This type of environmental review and permitting covered by this new legislation usually occurs in the MPCA on permits for big agriculture feedlots, large construction sites, power plants sitting and building, and the DNR for mining and forestry projects.

MEP and MEP members opposed this bill all the way along the legislative process and asked the Governor for a veto. It did not happen!

Environmental Cut Backs:

These GOP-authored bills are strongly backed by the state Chamber of Commerce and are part of the GOP “jobs creation” and “get government off of the backs of business” package. These bills are, in theory, what the Republicans heard from the general public and business during the campaigns of last year.

The majority party is also against raising taxes for fees—thus the deep cuts to address the $5 billion deficit.

MEP does not support the deep cuts in the budget or the legislative effort to roll back environmental protection in this state. Many gains have been made in the environmental arena over the 10-20 years. Republicans and Democrats, working together, crafted public policy for clean energy alternatives to coal and nuclear energy, stronger protections for our lakes, rivers, and streams, and established ways that the general public and interested parties in general to participate in decisions that affect their communities and lives.

In MEP’s annual polling, Minnesotans indicate that clean energy and clean water are keys to the future of this state. Over 80% of Minnesotans polled last fall indicated that they support the need for industry to continue to follow existing laws that protect water, land, and the air—not roll back the protections!

MEP Message & Mission:

With about one more month to go before the Legislature has to adjourn many “experts” around the Capitol are already predicting a special session or “over time.”

The Legislature has agreed on one conference committee report for Agriculture and sent the bill to the Governor, who signed it into law Friday morning.

MEP’s position of protecting our environment, preserving of habitat, improving the quality of our lakes and streams, and using clean energy are strongly supported by the majority of Minnesotans. Our message remains clear. Minnesotans want clean water. They want clean energy jobs.  And they want our Great Outdoors to be protected and preserved for future generations.

MEP and its members groups will continue to lobby the 2011 Legislature and the Governor Dayton administration to “Protect Minnesota’s Future.”

If you have any questions or concerns about the issues mentioned above, or any other, feel free to contact me at gary@capitolconnections.com.

We urge you to contact your local representative and senator and talk to them about good clean energy jobs and the need to continue to enhance and protect the environment. They need to hear from you; grassroots is the key to success!

I am writing this report on Thursday this week! The Legislature met on Monday and took the rest of the week off for the Holidays. It is like spring break without the beach! 

When the Legislature returns next week they have about one month to finish their work. All the budget bills are in conference committee, except the Agriculture Budget bill which was agreed to and signed into law by Governor Dayton. That process and agreement may be a good sign for things to come. If not it will be a long hot summer!

With all the general cuts that are being used to close the $5 billion budget gap without any new revenue, the debate has been long and heated. Many of these cuts go deep into program after program that have be developed and delivered over the years. The pain is real and the concern is being expressed by many affected parties.

Bills to lift Coal Plant Restrictions:

The Senate has voted 42-18 to lift restrictions on carbon dioxide from coal production. The bill, SF86, is authored by Senator Julie Rosen (R-Fairmont).

Both the House and Senate versions of this legislation would remove restrictions on building new coal-fired power plants in Minnesota and would allow Minnesota utilities to pay for electricity from dirty coal plants in North Dakota. The House bill is awaiting floor action.

HF72, authored by Rep. Mike Beard (R-Shakopee), would repeal the current standards for building new coal-fired power plants without a plan for offsetting the emissions. This legislation would undo a critical part of the 2007 Next Generation Energy Act which passed the legislature and was signed into law by Governor Pawlenty.

Now the Next Generation Energy Act goals of a 15% reduction in the greenhouse gas emissions by 2015 and 80% by 2050 are being re-debated in the coal bills debate. Opposition centers on back tracking on the renewal energy alternatives and exporting Minnesota energy dollars to other states.

MEP opposes these bills.

Environmental Budget Bills:

The House and the Senate have each named their five conferees (Reps. McNamara, Hackbarth, Torkelson, Hoppe and Dill and Sens. Ingebrigtsen, Rosen, Gerlach, Pederson and Dahms) who will negotiate the differences in the dollars and the policy issues rolled into the two environmental budget bills. MEP testified on both bills and both times expressed concern over the deep general fund cuts and the number of bad policy bills, most surrounding water, that have been rounded into the budget bills.

House Environmental Budget Bill:

HF1010, authored by committee chair Rep. Denny McNamara (R-Hasting), passed the House floor on a 72-57 vote after a number of hours of debate. There are deep general fund cuts in the environmental and conservation areas in MPCA, DNR, and the BWSR. The bill would close the two state nurseries in a money-saving effort. The DNR has indicated they may have to close a number of state parks if these general fund cuts become law.

The bill also moves money from the LCCMR recommendations to “emerging issues” like CWD, AIS, and a sulfate study. While these emerging issues are very important and need to be dealt with this session, it is being done at the expense of the citizen-involved LCCMR process. The bill also sets aside some of the LCCMR dollars in order to properly manage newly acquired lands and provide dollars to local government for payment for lands coming off the tax rolls.

HF1010 also contains a couple of policy issues, including changes to the state sulfide standard applied to waters that are capable of growing wild rice. The current sulfide pollution discharge standard for waters capable of growing wild rice is changed from 10 milligrams of sulfate per liter of water to 50 milligrams. This new, weaker standard would be used in the interim while the two-year study takes place. The weaker standard would benefit mining operations and their wastewater discharges, as well as wastewater treatment plants discharges. (Tell your legislators to stop messing with our wild rice!)

Senate Environment Budget Bill:

SF1029, authored by committee chair Senator Bill Ingebrigtsen (R-Alexandria), does not cut the environmental conservation state agencies as deeply as the House bill. However, the general fund cuts also hit hard in the waters and eco-services division, as well as parks and trails.

SF1029 contains a number of policy changes to current state law.  The bill would suspend the current sulfide pollution discharge standard while a new standard is researched and put in place through rule making. The bill lowers the water quality standard for phosphorous discharges into Lake Pepin, places a two-year moratorium on all water rule-making, repeals the protections provided under the Mississippi River Corridor Critical Area guidelines, exempts from EAW’s ethanol facilities expansions, and lessens the permit standards of large feedlots.

MEP continues to oppose both bills for financial reasons and concerns, as well as the environmental protection rollbacks that are contained in both bills. We will be working with the governor’s office and the conference committee members to improve these bills into a bill that the governor could sign.

Nuclear Power Plant Moratorium Lifting:

The conference committee on SF4 /HF9 continues to be on hold. The debate has paused after the problems with nuclear power plants occurred in Japan.

This legislation would repeal the 17-year-old moratorium on building new nuclear power plants in the state. The Governor is actively involved in this legislation and has established three concerns that would need to be addressed if he is going to sign the bill.

SF4 is authored by Senate Majority Leader Amy Koch (R-Buffalo). HF9 is authored by Rep. Joyce Peppin (R-Rogers).

MEP and MEP member organizations oppose the legislation and are encouraging the Governor to veto the bill.

Legacy Clean Water Dedicated Dollars:

The House Legacy Division met this week and merged three bills into one, including the legacy dedicated funds, the clean water dedicated dollars, and the parks and trails dedicated dollars bill. HF1061, authored by Rep. Dean Urdahl (R-Grove City), has become the Legacy Amendment bill to watch. The bill will be finished the week after Easter and be moved to the House for final action.

The bill appropriates the $170 million of clean water dollars raised from the dedicated sales tax funds over two years. There is money for local governments and nonprofit organizations to continue to clean up our lakes and streams. The bill also calls for some changes in the makeup of the current clean water council and its duties. HF1061 now contained the language of HF471, authored by Rep. Denny McNamara (R-Hastings). This section of the bill appropriated the Lessard-Sams legacy dollars for the third year since the constitutional amendment passed in 2008 to dedicate a portion of the sales tax to habit, water, parks, trails, arts, and history. Language in the bill reserves 20% of the Lessard-Sams money for maintenance of lands purchased under the bill and dollars for payments to local government for taking the land off the tax rolls.

MEP and many other organizations are concerned over the deep cuts in environmental and conservation funding in the budget bills and now the possibility that the Legacy dollars could be used to “backfill” the gaps created by the deep general fund cuts. This is not what the voters expected when they voted strongly in support of the Legacy Amendment in 2008.

On Thursday the Senate began putting its Legacy bill together. SF657 is authored by Environment Committee Chair Senator Bill Ingebrigtsen (R-Alexandria). The committee discussed and debated the clean water legacy portion of the bill and will continue putting the bill together after Easter. Both bills are expected to contain the funding provisions for the habitat legacy, clean water legacy, parks and trails legacy, and the arts and history legacy dollars. This bill would replace the current Clean Water Council with a new Clean Water Council modeled after the Lessard-Sams Council. These two bills are where the debate is occurring over state land purchases and money to improve and maintain them, as well as what level PILT payments to local governments for property taxes need to be made and where will they be paid from.

Water Rules Two-Year Moratorium:

SF196, authored by Senator John Pederson (R-St. Cloud) would place a two-year freeze on all water rulemaking currently taking place and calls for a study due back next session regarding consolidation of the water agencies and functions. This bill language is also included in the Senate Environment Finance bill.

HF182 is the House companion and is authored by Rep. Mike Beard (R-Shakopee).

Phosphorous Standards in Lake Pepin:

SF161, also authored by Pederson would require the states of Minnesota and Wisconsin to establish a phosphorous standard for Lake Pepin and implement that new standard only in certain months of the year. This bill language is included in the Senate Environment Finance bill.

HF368 is the House companion and is authored by Rep. King Banaian (R-St. Cloud).

Waters with Wild Rice, Sulfate Standards:

The battle continues over sulfate standards for water where wild rice grows! Changes to the current sulfate standard are included in both the House and Senate Environment Finance bills. An MPCA-led study to determine the appropriate level or standard based on good science is also included and funded in both bills. The current sulfate level in wastewater discharges of 10 milligrams has been in place since 1973. Mining operations and certain legislators believe this standard is not based on any good science and is too strict for them to meet. MEP supports the sulfate standards study to be headed by the MPCA and supports leaving the current sulfate standard in place until the study is complete. (Tell your legislators to stop messing with our wild rice!)

Mississippi River Corridor Critical Area Repeal:

SF39, authored by Senator Benjamin Kruse (R-Brooklyn Park), would repeal the Mississippi River corridor critical area designation that covers the river front planning and development along the 72-mile Mississippi river from Dayton through Hastings. SF39 passed the Senate floor over a week ago on a 35-27 vote.

The bill is also included in the Senate Environmental Finance bill.

The House companion is HF95, authored by Rep. Melissa Hortman (D-Brooklyn Park). Her bill is pending in the House Energy, Environment, and Natural Resources Committee.

These bills would repeal state rulemaking for the Mississippi River Corridor Critical Area. This 2009 law directs the DNR to work with local units of government and other stakeholders to update minimum standards and guidelines for the river corridor. That work is nearly complete. If allowed to become law, this legislation would prevent new standards and guidelines designed to update protections for the Mississippi River from being enacted.

MEP and many MEP members oppose these bills.

Aquatic Invasive Species Controls:

The legislature is moving forward with an increased effort in the battle against aquatic invasive species. The Governor’s plan is contained in HF1162, authored Rep. John Ward (D-Brainerd).  The fight against AIS includes zebra mussels, Eurasian watermilfoil, and Asian carp. HF1162 increases fines for boaters who don’t properly drain their boats and bait buckets. The Governor has proposed to pay for the increased effort with an increase in the current $5 surcharge every three years tied to boat licenses. These license surcharges would vary depending on the watercraft size and type and are projected to raise $4 million per year for the educational, enforcement, and public awareness AIS campaign. However, HF1162, as currently written, contains policy changes by no increased funding sources.

In the Senate, SF1115, authored by Senator Ingebrigtsen is moving, as well.

Both the House and Senate Environment Finance bills fund an increased AIS effort by the DNR with LCMMR dollars for two years.

The reaction to license fee increases, including boat license fees for AIS, has not been well received at the State Capitol. The majority party considers fees to be taxes and does support raising either at this point in the legislative session. Currently in both budget bills, lottery dollars are being redirected to increase the efforts surrounding the fighting of AIS through education and enforcement.

A Bonding Bill:

Rumors around the Capitol continue to include the strong possibility that a bonding bill will be part of the “final solution.” Both the House and Senate Bonding Committees are readying a smaller bonding bill that would deal with flooding concerns and problems for the state and local government in terms of highways and buildings.  The House Bonding Committee has also prepared a working list of existing bonds authorized that, if canceled, would save the state money through reduced debt payments.  The Governor’s $500 million bonding bill, HF607, received one hearing and was laid on the table.

Legislative Approval of Agency Rules:

Legislation is moving that would require legislative approval of any state agency rule making process that would cost of $10,000.  Similar legislation has been introduced relating to elections, education, and health and human services. The philosophy is one of legislative control of rule making so that the rules to do not move too far from the original intent of the legislation.

HF203 is authored by Rep. Torrey Westrom (R-Elbow Lake) and has passed the House.

SF261 is authored by Senator David Senjem (R-Rochester) and is awaiting action on the Senate floor.

Governor Dayton has indicated opposition to these bills, noting that Governor Pawlenty vetoed similar bills in the past.

Local Control:

Legislation of concern has been introduced that could potentially weaken local control for townships, cities, and counties. SF270, authored by Senator Warren Limmer (R-Maple Grove) and HF389, authored by Rep. Mike Beard, have raised concerns to some MEP members. To date, no hearings have taken place, but MEP and its members are watching these bills.

LCCMR Dollars:

Both the House and Senate Environment Finance Committees decided to make major changes in the recommendations of the citizen-involved LCCMR. The changes include dropping funding for more than 20 recommended projects in order to free up money for other emerging issues/priorities like chronic wasting disease control, a sulfide standard study, and an AIS control program. Projects cuts were generally research-oriented projects.

Citizen Participation in LCCMR and Lessard-Sams Decisions:

This has been a tough year for citizen participation in the two councils that “make recommendations” regarding lottery dollars and dedicated sales tax dollars. Both the recommendations from the LCCMR and the Lessard-Sams Council have been changed in the legislative process. Changes have been made in the past regarding the old LCMR recommendations and process, but the newer LCCMR version and even newer Lessard-Sams model are not accustom to the Legislature holding and playing the bigger cards. The jury is still out over the fallout of this year’s actions, but a bill, HF1073, has been introduced that would do away with both councils and all the citizens involved and move the decisions back to the legislature. HF1073 is authored by Rep. Rick Hanson (D-South St. Paul).

Innovative Energy Projects:

MEP members are monitoring a new energy bill. SF417, authored by Senator Dave Tomassoni (D-Chisholm), and HF618, authored by Rep. Mike Beard (R-Shakopee), would modify the innovative energy project standards in current law. The bill calls for the use of a combustion turbine generation technology using synthesis gas derived from coal and other hydrocarbon resources as a primary fuel. No hearings have been held to date.

Streamlining of Environmental Review:

HF1 is now Chapter 4.

With the Governor’s signature, a major rollback of environmental review and permitting has taken place.

HF1 establishes a goal of petition decision making within 150 days of application by the DNR and the MPCA in order to provide faster environmental review and permitting.  The Governor had already addressed this concern and legislative priority with a January executive order. The legislature chose to go further then the provisions in the executive order.

The new law eliminates the district courts as the first line of defense for individuals or groups to appeal EIS decisions – leaving only the appeals court to be the court of pubic input.

The bill also allows the proponent of a project to prepare the draft EIS and then have the Responsible Government Agency (RGU) review and approve the document. MEP and others believe that this two-step approach to environmental review could actually slow down the entire process.

The biggest environmental roll back in the bill is language that exempts the IRRRB from MEPA’s requirement that environmental impacts be taken into consideration before making financial decisions relating to proposals in front of the IRRRB. MEP believes strongly that before the IRRRB decides to loan public money to a project such as PolyMet, it should first understand the environmental impacts of what it is funding. This provision was not in the bill as introduced but was added by amendment on the house and senate floors with Republicans and Iron Rangers voting in support of the provision.

This type of environmental review and permitting covered by this new legislation usually occurs in the MPCA on permits for big agriculture feedlots, large construction sites, power plants sitting and building, and the DNR for mining and forestry projects.

MEP and MEP members opposed this bill all the way along the legislative process and asked the Governor for a veto. It did not happen!

Environmental Cut Backs:

These GOP-authored bills are strongly backed by the state Chamber of Commerce and are part of the GOP “jobs creation” and “get government off of the backs of business” package. These bills are, in theory, what the Republicans heard from the general public and business during the campaigns of last year.

The majority party is also against raising taxes for fees—thus the deep cuts to address the $5 billion deficit.

MEP does not support the deep cuts in the budget or the legislative effort to roll back environmental protection in this state. Many gains have been made in the environmental arena over the 10-20 years. Republicans and Democrats, working together, crafted public policy for clean energy alternatives to coal and nuclear energy, stronger protections for our lakes, rivers, and streams, and established ways that the general public and interested parties in general to participate in decisions that affect their communities and lives.

In MEP’s annual polling, Minnesotans indicate that clean energy and clean water are keys to the future of this state. Over 80% of Minnesotan’s polled last fall indicated that they support the need for industry to continue to follow existing laws that protect water, land, and the air—not roll back the protections!

MEP Message & Mission:

With about one more month to go before the Legislature has to adjourn many “experts” around the Capitol are already predicting a special session or “over time.”

The Legislature has agreed on one conference committee report for Agriculture and sent the bill to the Governor, who signed it into law Friday morning.

MEP’s position of protecting our environment, preserving of habitat, improving the quality of our lakes and streams, and using clean energy are strongly supported by the majority of Minnesotans. Our message remains clear. Minnesotans want clean water. They want clean energy jobs.  And they want our Great Outdoors to be protected and preserved for future generations.

MEP and its members groups will continue to lobby the 2011 Legislature and the Governor Dayton administration to “Protect Minnesota’s Future.”

If you have any questions or concerns about the issues mentioned above, or any other, feel free to contact me at gary@capitolconnections.com.

We urge you to contact your local representative and senator and talk to them about good clean energy jobs and the need to continue to enhance and protect the environment. They need to hear from you; grassroots is the key to success!

It is Friday afternoon and both the Twins and the Legislature is out of town. The Twins are in Tampa Bay and the 201 Legislators are getting ready to go home for a full week of Easter Break!

The Legislature had another busy week that featured many hours in committee and on the floor as they debated and voted on many budget, tax, and policy bills. With all the general cuts that are being used to close the $5 billion budget gap without any new revenue, the debate has been long and heated. Many of these cuts go deep into program after program that have be developed and delivered over the years. The pain is real and the concern is being expressed by many affected parties.

Bills to lift Coal Plant Restrictions:

On Thursday the Senate voted 42-18 to lift restrictions on carbon dioxide from coal production. The bill, SF86, is authored by Senator Julie Rosen (R-Fairmont).

Both the House and Senate versions of this legislation would remove restrictions on building new coal-fired power plants in Minnesota and would allow Minnesota utilities to pay for electricity from dirty coal plants in North Dakota. The House bill is awaiting floor action.

HF72, authored by Rep. Mike Beard (R-Shakopee), would repeal the current standards for building new coal-fired power plants without a plan for offsetting the emissions. This legislation would undo a critical part of the 2007 Next Generation Energy Act which passed the legislature and was signed into law by Governor Pawlenty.

Now the Next Generation Energy Act goals of a 15% reduction in the greenhouse gas emissions by 2015 and 80% by 2050 are being re-debated in the coal bills debate. Opposition centers on back tracking on the renewal energy alternatives and exporting Minnesota energy dollars to other states.

MEP opposes these bills.

Environmental Budget Bill:

The House and the Senate have named their five conferees (Reps. McNamara, Hackbarth, Torkelson, Hoppe and Dill and Sens. Ingebrigtsen, Rosen, Gerlach, Pederson and Dahms) who will negotiate the differences in the dollars and the policy issues rolled into the two environmental budget bills. MEP testified on both bills and twice expressed major concerns over the deep general fund cuts, as well as a number of bad policy bills that have been rounded into the budget bills.

House Environmental Budget Bill:

HF1010, authored by committee chair Rep. Denny McNamara (R-Hasting), passed the House floor on a 72-57 vote after a number of hours of debate. There are deep general fund cuts in the environmental and conservation areas in MPCA, DNR, and the BWSR. The bill would close the two state nurseries in a money-saving effort. The DNR has indicated they may have to close a number of state parks if these general fund cuts become law.

The bill also moves money from the LCCMR recommendations to “emerging issues” like CWD, AIS, and a sulfate study. While these emerging issues are very important and need to be dealt with this session, it is being done at the expense of the citizen-involved LCCMR process. The bill also sets aside some of the LCCMR dollars in order to properly manage newly acquired lands and provide dollars to local government for payment for lands coming off the tax rolls.

HF1010 also contains a couple of policy issues. The current sulfide pollution discharge standard for waters capable of growing wild rice is changed from 10 milligrams of sulfate per liter of water to 50 milligrams. This new, weaker standard would be used in the interim while the two-year study takes place. The weaker standard would benefit mining operations and their wastewater discharges, as well as wastewater treatment plants discharges.

Senate Environment Budget Bill:

SF1029, authored by committee chair Senator Bill Ingebrigtsen (R-Alexandria), does not cut the environmental conservation state agencies as deeply as the House bill. However, the general fund cuts also hit hard in the waters and eco-services division, as well as parks and trails.

SF1029 contains a number of policy changes to current state law.  The bill would suspend the current sulfide pollution discharge standard while a new standard is researched and put in place through rule making. The bill lowers the water quality standard for phosphorous discharges into Lake Pepin, places a two-year moratorium on all water rule-making, repeals the protections provided under the Mississippi River Corridor Critical Area guidelines, exempts from EAW’s ethanol facilities expansions, and lessens the permit standards of large feedlots.

MEP continues to oppose both bills for financial reasons and concerns, as well as the environmental protection rollbacks that are contained in both bills. We will be working with the governor’s office and the conference committee members to improve these bills into one final bill that the governor could sign.

Nuclear Power Plant Moratorium Lifting:

The conference committee on SF4 / HF9 continues to be on hold. The debate has paused after the problems with nuclear power plants occurred in Japan.

This legislation would repeal the 17-year-old moratorium on building new nuclear power plants in the state. The Governor is actively involved in this legislation and has established three concerns that would need to be addressed if he is going to sign the bill.

SF4 is authored by Senate Majority Leader Amy Koch (R-Buffalo). HF9 is authored by Rep. Joyce Peppin (R-Rogers).

MEP and MEP member organizations oppose the legislation and are encouraging the Governor to veto the bill.

Legacy Clean Water Dedicated Dollars:

The House Legacy Division met this week and merged three bills into one, including the legacy dedicated funds, the clean water dedicated dollars, and the parks and trails dedicated dollars bill. HF1061, authored by Rep. Dean Urdahl (R-Grove City), has become the Legacy Amendment bill to watch. The bill will be finished the week after Easter and be moved to the House for final action.

The bill appropriates the $170 million of clean water dollars raised from the dedicated sales tax funds over two years. There is money for local governments and nonprofit organizations to continue to clean up our lakes and streams. The bill also calls for some changes in the makeup of the current clean water council and its duties. HF1061 now contained the language of HF471, authored by Rep. Denny McNamara (R-Hastings). This section of the bill appropriated the Lessard-Sams legacy dollars for the third year since the constitutional amendment passed in 2008 to dedicate a portion of the sales tax to habit, water, parks, trails, arts, and history. Language in the bill reserves 20% of the Lessard-Sams money for maintenance of lands purchased under the bill and dollars for payments to local government for taking the land off the tax rolls.

MEP and many other organizations are concerned over the deep cuts in environmental and conservation funding in the budget bills and now the possibility that the Legacy dollars could be used to “backfill” the gaps created by the deep general fund cuts. This is not what the voters expected when they voted strongly in support of the Legacy Amendment in 2008.

On Thursday the Senate began putting its Legacy bill together. SF657 is authored by Environment Committee Chair Senator Bill Ingebrigtsen (R-Alexandria). The committee discussed and debated the clean water legacy portion of the bill and will continue putting the bill together after Easter. Both bills are expected to contain the funding provisions for the habitat legacy, clean water legacy, parks and trails legacy, and the arts and history legacy dollars. This bill would replace the current Clean Water Council with a new Clean Water Council modeled after the Lessard-Sams Council. These two bills are where the debate is occurring over state land purchases and money to improve and maintain them, as well as what level PILT payments to local governments for property taxes need to be made and where will they be paid from.

Water Rules Two-Year Moratorium:

SF196, authored by Senator John Pederson (R-St. Cloud) would place a two-year freeze on all water rulemaking currently taking place and calls for a study due back next session regarding consolidation of the water agencies and functions. This bill language is also included in the Senate Environment Finance bill.

HF182 is the House companion and is authored by Rep. Mike Beard (R-Shakopee).

Phosphorous Standards in Lake Pepin:

SF161, also authored by Pederson would require the states of Minnesota and Wisconsin to establish a phosphorous standard for Lake Pepin and implement that new standard only in certain months of the year. This bill language is included in the Senate Environment Finance bill.

HF368 is the House companion and is authored by Rep. King Banaian (R-St. Cloud).

Waters with Wild Rice, Sulfate Standards:

The battle continues over sulfate standards for water where wild rice grows! Changes to the current sulfate standard are included in both the House and Senate Environment Finance bills. An MPCA-led study to determine the appropriate level or standard based on good science is also included and funded in both bills. The current sulfate level in wastewater discharges of 10 milligrams has been in place since 1973. Mining operations and certain legislators believe this standard is not based on any good science and is too strict for them to meet. MEP supports the sulfate standards study to be headed by the MPCA and supports leaving the current sulfate standard in place until the study is complete.

Mississippi River Corridor Critical Area Repeal:

SF39, authored by Senator Benjamin Kruse (R-Brooklyn Park), would repeal the Mississippi River corridor critical area designation that covers the river front planning and development along the 72-mile Mississippi river from Dayton through Hastings. SF39 passed the Senate floor over a week ago on a 35-27 vote.

The bill is also included in the Senate Environmental Finance bill.

The House companion is HF95, authored by Rep. Melissa Hortman (D-Brooklyn Park). Her bill is pending in the House Energy, Environment, and Natural Resources Committee.

These bills would repeal state rulemaking for the Mississippi River Corridor Critical Area. This 2009 law directs the DNR to work with local units of government and other stakeholders to update minimum standards and guidelines for the river corridor. That work is nearly complete. If allowed to become law, this legislation would prevent new standards and guidelines designed to update protections for the Mississippi River from being enacted.

MEP and many MEP members oppose these bills.

Aquatic Invasive Species Controls:

The legislature is moving forward with an increased effort in the battle against aquatic invasive species. The Governor’s plan is contained in HF1162, authored Rep. John Ward (D-Brainerd).  The fight against AIS includes zebra mussels, Eurasian watermilfoil, and Asian carp. HF1162 increases fines for boaters who don’t properly drain their boats and bait buckets. The Governor has proposed to pay for the increased effort with an increase in the current $5 surcharge every three years tied to boat licenses. These license surcharges would vary depending on the watercraft size and type and are projected to raise $4 million per year for the educational, enforcement, and public awareness AIS campaign. However, HF1162, as currently written, contains policy changes by no increased funding sources.

In the Senate, SF1115, authored by Senator Ingebrigtsen is moving, as well.

Both the House and Senate Environment Finance bills fund an increased AIS effort by the DNR with LCMMR dollars for two years.

The reaction to license fee increases, including boat license fees for AIS, has not been well received at the State Capitol. The majority party considers fees to be taxes and does support raising either at this point in the legislative session. Currently in both budget bills, lottery dollars are being redirected to increase the efforts surrounding the fighting of AIS through education and enforcement.

Bonding Bill:

Rumors around the Capitol continue to include the strong possibility that a bonding bill will be part of the “final solution.” Both the House and Senate Bonding Committees are readying a smaller bonding bill that would deal with flooding concerns and problems for the state and local government in terms of highways and buildings.  The House Bonding Committee has also prepared a working list of existing bonds authorized that, if canceled, would save the state money through reduced debt payments.  The Governor’s $500 million bonding bill, HF607, received one hearing and was laid on the table.

Legislative Approval of Agency Rules:

Legislation is moving that would require legislative approval of any state agency rule making process that would cost of $10,000.  Similar legislation has been introduced relating to elections, education, and health and human services. The philosophy is one of legislative control of rule making so that the rules to do not move too far from the original intent of the legislation.

HF203 is authored by Rep. Torrey Westrom (R-Elbow Lake) and has passed the House.

SF261 is authored by Senator David Senjem (R-Rochester) and is awaiting action on the Senate floor.

Governor Dayton has indicated opposition to these bills, noting that Governor Pawlenty vetoed similar bills in the past.

Local Control:

Legislation of concern has been introduced that could potentially weaken local control for townships, cities, and counties. SF270, authored by Senator Warren Limmer (R-Maple Grove) and HF389, authored by Rep. Mike Beard, have raised concerns to some MEP members. To date, no hearings have taken place, but MEP and its members are watching these bills.

LCCMR Dollars:

Both the House and Senate Environment Finance Committees decided to make major changes in the recommendations of the citizen-involved LCCMR. The changes include dropping funding for more than 20 recommended projects in order to free up money for other emerging issues/priorities like chronic wasting disease control, a sulfide standard study, and an AIS control program. Projects cuts were generally research-oriented projects.

Citizen Participation in LCCMR and Lessard-Sams Decisions:

This has been a tough year for citizen participation in the two councils that “make recommendations” regarding lottery dollars and dedicated sales tax dollars. Both the recommendations from the LCCMR and the Lessard-Sams Council have been changed in the legislative process. Changes have been made in the past regarding the old LCMR recommendations and process, but the newer LCCMR version and even newer Lessard-Sams model are not accustom to the Legislature holding and playing the bigger cards. The jury is still out over the fallout of this year’s actions, but a bill, HF1073, has been introduced that would do away with both councils and all the citizens involved and move the decisions back to the legislature. HF1073 is authored by Rep. Rick Hanson (D-South St. Paul).

Innovative Energy Projects:

MEP members are monitoring a new energy bill. SF417, authored by Senator Dave Tomassoni (D-Chisholm), and HF618, authored by Rep. Mike Beard (R-Shakopee), would modify the innovative energy project standards in current law. The bill calls for the use of a combustion turbine generation technology using synthesis gas derived from coal and other hydrocarbon resources as a primary fuel. No hearings have been held to date.

Streamlining of Environmental Review:

HF1 is now Chapter 4.

With the Governor’s signature, a major rollback of environmental review and permitting has taken place.

HF1 establishes a goal of petition decision making within 150 days of application by the DNR and the MPCA in order to provide faster environmental review and permitting.  The Governor had already addressed this concern and legislative priority with a January executive order. The legislature chose to go further then the provisions in the executive order.

The new law eliminates the district courts as the first line of defense for individuals or groups to appeal EIS decisions – leaving only the appeals court to be the court of pubic input.

The bill also allows the proponent of a project to prepare the draft EIS and then have the Responsible Government Agency (RGU) review and approve the document. MEP and others believe that this two-step approach to environmental review could actually slow down the entire process.

The biggest environmental roll back in the bill is language that exempts the IRRRB from MEPA’s requirement that environmental impacts be taken into consideration before making financial decisions relating to proposals in front of the IRRRB. MEP believes strongly that before the IRRRB decides to loan public money to a project such as PolyMet, it should first understand the environmental impacts of what it is funding. This provision was not in the bill as introduced but was added by amendment on the house and senate floors with Republicans and Iron Rangers voting in support of the provision.

This type of environmental review and permitting covered by this new legislation usually occurs in the MPCA on permits for big agriculture feedlots, large construction sites, power plants sitting and building, and the DNR for mining and forestry projects.

MEP and MEP members opposed this bill all the way along the legislative process and asked the Governor for a veto. It did not happen!

Environmental Cut Backs:

These GOP-authored bills are strongly backed by the state Chamber of Commerce and are part of the GOP “jobs creation” and “get government off of the backs of business” package. These bills are, in theory, what the Republicans heard from the general public and business during the campaigns of last year.

The majority party is also against raising taxes for fees—thus the deep cuts to address the $5 billion deficit.

MEP does not support the deep cuts in the budget or the legislative effort to roll back environmental protection in this state. Many gains have been made in the environmental arena over the 10-20 years. Republicans and Democrats, working together, crafted public policy for clean energy alternatives to coal and nuclear energy, stronger protections for our lakes, rivers, and streams, and established ways that the general public and interested parties in general to participate in decisions that affect their communities and lives.

In MEP’s annual polling, Minnesotans indicate that clean energy and clean water are keys to the future of this state. Over 80% of Minnesotan’s polled last fall indicated that they support the need for industry to continue to follow existing laws that protect water, land, and the air—not roll back the protections!

MEP Message & Mission:

With about one more month to go before the Legislature has to adjourn many “experts” around the Capitol are already predicting a special session or “over time.”

The Legislature has agreed on one conference committee report for Agriculture and sent the bill to the Governor, who signed it into law Friday morning.

MEP’s position of protecting our environment, preserving of habitat, improving the quality of our lakes and streams, and using clean energy are strongly supported by the majority of Minnesotans. Our message remains clear. Minnesotans want clean water. They want clean energy jobs.  And they want our Great Outdoors to be protected and preserved for future generations.

MEP and its members groups will continue to lobby the 2011 Legislature and the Governor Dayton administration to “Protect Minnesota’s Future.”

If you have any questions or concerns about the issues mentioned above, or any other, feel free to contact me at gary@capitolconnections.com.

We urge you to contact your local representative and senator and talk to them about good clean energy jobs and the need to continue to enhance and protect the environment. They need to hear from you; grassroots is the key to success!

Scroll down to the Environment section by Gwen Myers, LWV Minnesota Volunteer Lobbyist and Our Sky-Blue Waters at Risk
http://www.lwvmn.org/Page.aspx?pid=448

http://tinyurl.com/3oa87yd

I am writing this article as the Twins are playing their first home game. The sun is shining and it is a beautiful day all around! Wish I was at the game!

The Legislature has finished another busy week that featured many hours on the floors as they debated and voted on many of the budget bills. With all the general cuts that are being used to close the $5 billion budget gap, the debate has been heated. Many of these cuts are deep into program after program that have be developed and delivered over the years. The pain is real and the concern is being expressed.

The environmental budget bills were both passed over a week ago and are headed for a conference committee. The House has named its five conferees but the Senate has not yet appointed their five key people who will negotiate with the House on the differences in the dollars and the policy issues rolled into the two bills.

House Environmental Budget Bill:

HF1010, authored by committee chair Rep. Denny McNamara (R-Hasting), passed the House floor on a 72-57 vote after a number of hours of debate. There are deep general fund cuts in the environmental and conservation areas in MPCA, DNR, and the BWSR. The bill would close the two state nurseries in a money-saving effort. The DNR has indicated they may have to close a number of state parks if these general fund cuts become law.

The bill also moves money from the LCCMR recommendations to “emerging issues” like CWD, AIS, and a sulfate study. While these emerging issues are very important and need to be dealt with this session, it is being done at the expense of the citizen-involved LCCMR process. The bill also sets aside some of the LCCMR dollars in order to properly manage newly acquired lands and provide dollars to local government for payment for lands coming off the tax rolls.

HF1010 also contains a couple of policy issues. The current sulfide pollution discharge standard for waters capable of growing wild rice is changed from 10 milligrams of sulfate per liter of water to 50 milligrams. This new, weaker standard would be used in the interim while the two-year study takes place. The weaker standard would benefit mining operations and their wastewater discharges, as well as wastewater treatment plants discharges.

Senate Environment Budget Bill:

SF1029, authored by committee chair Senator Bill Ingebrigtsen (R-Alexandria), does not cut the environmental conservation state agencies as deeply as the House bill. However, the general fund cuts also hit hard in the waters and eco-services division, as well as parks and trails.

SF1029 contains a number of policy changes to current state law.  The bill would suspend the current sulfide pollution discharge standard while a new standard is researched and put in place through rule making. The bill lowers the water quality standard for phosphorous discharges into Lake Pepin, places a two-year moratorium on all water rule-making, repeals the protections provided under the Mississippi River Corridor Critical Area guidelines, exempts from EAW’s ethanol facilities expansions, and lessens the permit standards of large feedlots.

MEP continues to oppose both bills for financial reasons and concerns, as well as the environmental protection rollbacks that are contained in both bills. We will be working with the governor’s office and the conference committee members to improve these bills into one final bill that the governor could sign.

Nuclear Power Plant Moratorium Lifting:

The conference committee on SF4 / HF9 continues to be on hold. The debate has paused after the problems with nuclear power plants occurred in Japan.

This legislation would repeal the 17-year-old moratorium on building new nuclear power plants in the state. The Governor is actively involved in this legislation and has established three concerns that would need to be addressed if he is going to sign the bill.

SF4 is authored by Senate Majority Leader Amy Koch (R-Buffalo). HF9 is authored by Rep. Joyce Peppin (R-Rogers).

MEP and MEP member organizations oppose the legislation and are encouraging the Governor to veto the bill.

New Coal Plants Air Emissions Standards for Minnesota or Electricity from North Dakota:

Both the House and Senate versions of this legislation would remove restrictions on building new coal-fired power plants in Minnesota. Both bills are on the House and Senate floors and are ready for floor action.

HF72, authored by Rep. Mike Beard (R-Shakopee), would repeal the current standards for building new coal-fired power plants without a plan for offsetting the emissions. This legislation would undo a critical part of the 2007 Next Generation Energy Act that was passed with bipartisan support and signed into law by then-Governor Tim Pawlenty.

The companion to this bill, SF86, is authored by Senator Julie Rosen (R-Fairmont).

In just 2007, the “Next Generation Energy Act” was passed 125-7 in the House and signed into law by Governor Pawlenty. Now the goals of a 15% reduction in the greenhouse gas emissions by 2015 and 80% by 2050 are being re-debated in the coal bills debate.

MEP and MEP members continue to oppose these bills.

Clean Water Dedicated Dollars:

The Clean Water Legacy money is contained in HF656, sponsored by Rep. Paul Torkelson (D-Nelson Township). This bill appropriates the clean water dollars raised from the dedicated sales tax funds for two years. There is money for local governments and nonprofit organizations to continue to clean up our lakes and streams. The bill also calls for some changes in the makeup of the current clean water council and its duties.

The House Legacy Division is scheduled to meet next week to merge the clean water dedicated dollars bill, the habitat legacy dollars bill, and the parks and trails dedicated dollars bill into one bill—HF1061, authored by Rep. Dean Urdahl (R-Grove City).

MEP and some of our members are signed up to testify regarding policy and funding concerns in the bills. MEP and many other organizations continue to be concerned over the deep cuts in environmental and conservation funding in the budget bills and now the possibility that the Legacy dollars could be used to “backfill” the gaps created by the deep general fund cuts. This is not what the voters expected when they voted strongly in support of the Legacy Amendment in 2008.

Senator Bill Ingebrigtsen will be putting together his version of the Legacy fund bill in the near future.

Water Rules Two-Year Moratorium:

SF196, authored by Senator John Pederson (R-St. Cloud) would place a two-year freeze on all water rulemaking currently taking place and calls for a study due back next session regarding consolidation of the water agencies and functions. This bill language is also included in the Senate Environment Finance bill.

HF182 is the House companion and is authored by Rep. Mike Beard (R-Shakopee).

Phosphorous Standards in Lake Pepin:

SF161, also authored by Pederson would require the states of Minnesota and Wisconsin to establish a phosphorous standard for Lake Pepin and implement that new standard only in certain months of the year. This bill language is included in the Senate Environment Finance bill.

HF368 is the House companion and is authored by Rep. King Banaian (R-St. Cloud).

Waters with Wild Rice, Sulfate Standards:

The battle continues over sulfate standards for water where wild rice grows! Changes to the current sulfate standard are included in both the House and Senate Environment Finance bills. An MPCA-led study to determine the appropriate level or standard based on good science is also included and funded in both bills. The current sulfate level in wastewater discharges of 10 milligrams has been in place since 1973. Mining operations and certain legislators believe this standard is not based on any good science and is too strict for them to meet.  MEP supports the sulfate standards study to be headed by the MPCA and supports leaving the current sulfate standard in place until the study is complete.

Mississippi River Corridor Critical Area Repeal:

SF39, authored by Senator Benjamin Kruse (R-Brooklyn Park), would repeal the Mississippi River corridor critical area designation that covers the river front planning and development along the 72-mile Mississippi river from Dayton through Hastings. SF39 passed the Senate floor over a week ago on a 35-27 vote.

The bill is also included in the Senate Environmental Finance bill.

The House companion is HF95, authored by Rep. Melissa Hortman (D-Brooklyn Park). Her bill is pending in the House Energy, Environment, and Natural Resources Committee.

These bills would repeal state rulemaking for the Mississippi River Corridor Critical Area. This 2009 law directs the DNR to work with local units of government and other stakeholders to update minimum standards and guidelines for the river corridor. That work is nearly complete. If allowed to become law, this legislation would prevent new standards and guidelines designed to update protections for the Mississippi River from being enacted.

MEP and many MEP members oppose these bills.

Aquatic Invasive Species Controls:

The House Environment held its first hearing this week on a new funding option aquatic invasive species (AIS) control programs. HF1162, authored Rep. John Ward (D-Brainerd), is the governor’s plan for a stronger AIS control program.  The fight against AIS includes zebra mussels, Eurasian watermilfoil, and Asian carp. HF1162 increases fines for boaters who don’t properly drain their boats and bait buckets. The Governor has proposed to pay for the increased effort with an increase in the current $5 surcharge every three years tied to boat licenses. These license surcharges would vary depending on the watercraft size and type and are projected to raise $4 million per year for the educational, enforcement, and public awareness AIS campaign.

Both the House and Senate Environment Finance bills fund an increased AIS effort by the DNR with LCMMR dollars for two years.

The reaction to license fee increases, including boat license fees for AIS, has not been well received at the State Capitol. The majority party considers fees to be taxes and does support raising either at this point in the legislative session.  Currently in both budget bills, lottery dollars are being redirected to increase the efforts surrounding the fighting of AIS through education and enforcement.

A Bonding Bill:

Both the House and Senate Bonding Committees are readying a smaller bonding bill that would deal with flooding concerns and problems for the state and local government in terms of highways and buildings.  The House Bonding Committee has also prepared a working list of existing bonds authorized that, if cancelled, would save the state money through reduced debt payments.  The Governor’s $500 million bonding bill, HF607, was introduced earlier and still awaiting committee action.

Legislative Approval of Agency Rules:

Legislation is moving that would require legislative approval of any state agency rule making process that would cost of $10,000.  Similar legislation has been introduced relating to elections, education, and health and human services. The philosophy is one of legislative control of rule making so that the rules to do not move too far from the original intent of the legislation.

HF203 is authored by Rep. Torrey Westrom (R-Elbow Lake) and has passed the House.

SF261 is authored by Senator David Senjem (R-Rochester) and is awaiting action on the Senate floor.

Local Control:

Legislation of concern has been introduced that could potentially weaken local control for townships, cities, and counties. SF270, authored by Senator Warren Limmer (R-Maple Grove) and HF389, authored by Rep. Mike Beard, have raised concerns to some MEP members. To date, no hearings have taken place, but MEP and its members are watching these bills.

Legacy Dedicated Dollars:

HF471, authored by Rep. Denny McNamara (R-Hastings), appropriated the Lessard-Sams legacy dollars for the third year since the constitutional amendment passed in 2008 to dedicate a portion of the sales tax to habit, water, parks, trails, arts, and history. At an earlier hearing that bill was amended to recommit 20% of the Lessard-Sams money for rehab and maintenance of lands purchased under the bill and dollars for payments to local government for taking the land off the tax rolls. The entire Legacy bill that will include habitat, water, parks and trails, and arts and culture is being formulated in the House Legacy Division, chaired by Rep. Dean Urdahl (R-Grove City).

SF158 is the Senate companion and is authored by Senator Bill Ingebrigtsen. These two bills are where the debate occurs over state land purchases, PILT payments to local governments for property taxes, and where the money might come from to improve and maintain the new public lands for public uses has and will continue to take place.

LCCMR Dollars:

Both the House and Senate Environment Finance Committees decided to make major changes in the recommendations of the citizen-involved LCCMR. The changes include dropping funding for more than 20 recommended projects in order to free up money for other emerging issues/priorities like chronic wasting disease control, a sulfide standard study, and an AIS control program. Projects cuts were generally research-oriented projects.

Citizen Participation in LCCMR and Lessard-Sams Decisions:

This has been a tough year for citizen participation in the two councils that “make recommendations” regarding lottery dollars and dedicated sales tax dollars. Both the recommendations from the LCCMR and the Lessard-Sams Council have been changed in the legislative process. Changes have been made in the past regarding the old LCMR recommendations and process, but the newer LCCMR version and even newer Lessard-Sams model are not accustom to the Legislature holding and playing the bigger cards. The jury is still out over the fallout of this year’s actions, but a bill, HF1073 has been introduced that would do away with both councils and all the citizens involved and move the decisions back to the legislature. HF1073 is authored by Rep. Rick Hanson (D-South St. Paul).

Innovative Energy Projects:

MEP members are monitoring a new energy bill. SF417, authored by Senator Dave Tomassoni (D-Chisholm), and HF618, authored by Rep. Mike Beard (R-Shakopee), would modify the innovative energy project standards in current law. The bill calls for the use of a combustion turbine generation technology using synthesis gas derived from coal and other hydrocarbon resources as a primary fuel. No hearings have been held to date.

Streamlining of Environmental Review:

HF1 is now Chapter 4.

With the Governor’s signature, a major rollback of environmental review and permitting has taken place.

HF1 establishes a goal of petition decision making within 150 days of application by the DNR and the MPCA in order to provide faster environmental review and permitting.  The Governor had already addressed this concern and legislative priority with a January executive order. The legislature chose to go further then the provisions in the executive order.

The new law eliminates the district courts as the first line of defense for individuals or groups to appeal EIS decisions – leaving only the appeals court to be the court of pubic input.

The bill also allows the proponent of a project to prepare the draft EIS and then have the Responsible Government Agency (RGU) review and approve the document. MEP and others believe that this two-step approach to environmental review could actually slow down the entire process.

The biggest environmental roll back in the bill is language that exempts the IRRRB from MEPA’s requirement that environmental impacts be taken into consideration before making financial decisions relating to proposals in front of the IRRRB. MEP believes strongly that before the IRRRB decides to loan public money to a project such as PolyMet, it should first understand the environmental impacts of what it is funding. This provision was not in the bill as introduced but was added by amendment on the house and senate floors with Republicans and Iron Rangers voting in support of the provision.

This type of environmental review and permitting covered by this new legislation usually occurs in the MPCA on permits for big agriculture feedlots, large construction sites, power plants sitting and building, and the DNR for mining and forestry projects.

MEP and MEP members opposed this bill all the way along the legislative process and asked the Governor for a veto. It did not happen!

Environmental Cut Backs:

These GOP authored bills are strongly backed by the state chamber of commerce and are part of the GOP “jobs creation” and “get government off of the backs of business” and let business create jobs package. These bills are, in theory, what the Republicans heard from the general public and business during the campaigns of last year.

The majority party is also against raising taxes for fees—thus the deep cuts to address the $5 billion deficit.

MEP does not support the deep cuts in the budget or the legislative effort to roll back environmental protection in this state. Many gains have been made in the environmental arena over the 10-20 years. Republicans and Democrats, working together, crafted public policy for clean energy alternatives to coal and nuclear energy, stronger protections for our lakes, rivers, and streams, and established ways that the general public and interested parties in general to participate in decisions that affect their communities and lives.

In MEP’s annual polling, Minnesotans indicate that clean energy and clean water are keys to the future of this state. Over 80% of Minnesotan’s polled last fall indicated that they support the need for industry to continue to follow existing laws that protect water, land, and the air—not roll back the protections!

MEP Message & Mission:

MEP’s position of protecting our environment, preserving of habitat, improving the quality of our lakes and streams, and using clean energy are strongly supported by the majority of Minnesotans. Our message remains clear. Minnesotans want clean water. They want clean energy jobs.  And they want our Great Outdoors to be protected and preserved for future generations.

MEP and its members groups will continue to lobby the 2011 Legislature and the Governor Dayton administration to “Protect Minnesota’s Future.”

If you have any questions or concerns about the issues mentioned above, or any other, feel free to contact me at gary@capitolconnections.com.

We urge you to contact your local representative and senator and talk to them about good clean energy jobs and the need to continue to enhance and protect the environment. They need to hear from you; grassroots is the key to success!

It is April and the sun is shining as I write this week’s recap, update, and predictions for the future surrounding the environment, energy, conservation, and other issues at the State Legislature.

Most of the action this week surrounded the environmental budget bills. In a rare situation, the House and Senate versions of the bill were considered at the same time on the floors of both chambers on Thursday midday!

Both bills drew debate, discussion, amendments, and final passage. The bills are different in terms of spending and policy issues and are headed for a conference committee that could begin meeting next week. The House has named its five conferees (Reps. McNamara, Torkelson, Hackbarth, Hoppe and Dill) and the Senate is expected to do so on Monday.

House Environmental Budget Bill:

HF1010, authored by committee chair Rep. Denny McNamara (R-Hasting) passed the House floor on a 72-57 vote after a number of hours of debate. There are deep general fund cuts in the environmental and conservation areas in MPCA, DNR, and the BWSR. The bill would close the two state nurseries in a money-saving effort. The DNR has indicated that they may have to close a number of state parks if these general fund cuts become law.

The bill also moves money from the LCCMR recommendations to “emerging issues” like CWD, AIS, and a sulfate study. While these emerging issues are very important and need to be dealt with this session, it is being done at the expense of the citizen-involved LCCMR process. The bill also sets aside some of the LCCMR dollars in order to properly manage newly acquired lands and provide dollars to local government for payment for lands coming off the tax rolls.

HF1010 also contains a couple of policy issues. The current sulfide pollution discharge standard for waters capable of growing wild rice is changed from 10 milligrams of sulfate per liter of water to 50 milligrams. This new, weaker standard would be used in the interim while the two-year study takes place. The weaker standard would benefit mining operations and their wastewater discharges, as well as wastewater treatment plants’ discharges.

Senate Environment Budget Bill:

SF1029, authored by committee chair Senator Bill Ingebrigtsen (R-Alexandria) does not cut the environmental conservation state agencies as deeply as the House bill. However, the general fund cuts also hit hard in the waters and eco-services division, as well as parks and trails.

SF1029 contains a number of policy changes to current state law.  The bill would suspend the current sulfide pollution discharge standard while a new standard is researched and put in place through rule making. The bill lowers the water quality standard for phosphorous discharges into Lake Pepin, places a two-year moratorium on all water rule making, repeals the protections provided under the Mississippi River Corridor Critical Area guidelines, exempts from EAW’s ethanol facilities expansions, and lessens the permit standards of large feedlots.

MEP continues to oppose both bills for financial reasons, as well as the environmental protection rollbacks that are contained in both bills. We will be working with the governor’s office and the conference committee members to improve these bills to create one final bill that the governor could sign.

Nuclear Power Plant Moratorium Lifting:

The conference committee on SF4 / HF9 continues to be on hold. The debate has paused since the problems with nuclear power plants have occurred in Japan.

This legislation would repeal the 17-year-old moratorium on building new nuclear power plants in the state. The Governor is actively involved in this legislation and has established three concerns that would need to be addressed if he is going to sign the bill.

SF4 is authored by Senate Majority Leader Amy Koch (R-Buffalo). HF9 is authored by Rep. Joyce Peppin (R-Rogers).

MEP and MEP member organizations oppose the legislation and are encouraging the Governor to veto the bill.

New Coal Plants Air Emissions Standards for Minnesota or Electricity from North Dakota:

Both the House and Senate versions of legislation would remove restrictions on building new coal-fired power plants in Minnesota. Both bills are on the House and Senate floors and are ready for floor action.

HF72, authored by Rep. Mike Beard (R-Shakopee), would repeal the current standards for building new coal-fired power plants without a plan for offsetting the emissions. This legislation would undo a critical part of the 2007 Next Generation Energy Act that was passed with bipartisan support and signed in law by then-Governor Tim Pawlenty.

The companion to this bill, SF86, is authored by Senator Julie Rosen (R-Fairmont).

It was just 2007 when the “Next Generation Energy Act” was passed 125-7 in the House and signed into law by Governor Pawlenty. Now the goals of a 15% reduction in the greenhouse gas emissions by 2015 and 80% by 2050 are being re-debated in the coal bills debate.

MEP and MEP members continue to oppose these bills.

Clean Water Dedicated Dollars:

The Clean Water Legacy money is contained in HF656, sponsored by Rep. Paul Torkelson (D-Nelson Township). This bill appropriates the clean water dollars raised through the dedicated sales tax funds for two years. There is money for local governments and nonprofit organizations to continue to clean up our lakes and streams. The bill also calls for some changes in the makeup of the current clean water council and its duties.

The House Legacy Division is scheduled to meet once this week and two more times in two weeks to merge the clean water dedicated dollars, the habitat legacy dollars, and the parks and trails dedicated dollars into one bill—HF1061, authored by Rep. Dean Urdahl (R-Grove City).

SF657—the companion to HF656—is authored by Senator Bill Ingebrigtsen and is awaiting action in his committee.

MEP’s Water Cluster is actively working with key legislators, lobbyists from local government, business, agriculture, and the current Clean Water Council on plans and directions for this year’s clean water dollars.

Water Rules Two Year Moratorium:

SF196, authored by Senator John Pederson (R-St. Cloud), would place a two-year freeze on all water rulemaking currently taking place and calls for a study due back next session regarding consolidation of the water agencies and functions. This bill language is also included in the Senate Environment Finance bill.

HF182 is the House companion and is authored by Rep. Mike Beard (R-Shakopee).

Phosphorous Standards in Lake Pepin:

SF161, also authored by Pederson, would require the states of Minnesota and Wisconsin to establish a phosphorous standard for Lake Pepin and implement that new standard only in certain months of the year. This bill language is included in the Senate Environment Finance bill.

HF368 is the House companion and is authored by Rep. King Banaian (R-St. Cloud).

Waters with Wild Rice, Sulfate Standards:

The battle continues over sulfate standards for water where wild rice grows! Changes to the current sulfate standard are changed in both the House and Senate Environment Finance bills. An MPCA-led study to determine the appropriate level or standard based on good science is also included and funded in both bills. The current sulfate level in wastewater discharges of 10 milligrams has been in place since 1973. Mining operations and certain legislators believe this standard is not based on any good science and is too strict for them to meet.

Mississippi River Corridor Critical Area Repeal:

SF39, authored by Senator Benjamin Kruse (R-Brooklyn Park), would repeal the Mississippi River corridor critical area designation that covers the river front planning and development along the 72-mile Mississippi river from Dayton through Hastings. SF39 passed the Senate floor over a week ago on a 35-27 vote.

The bill is also included in the Senate Environmental Finance bill.

The House companion is HF95, authored by Rep. Melissa Hortman (D-Brooklyn Park). Her bill is pending in the House Energy, Environment, and Natural Resources Committee.

These bills would repeal state rulemaking for the Mississippi River Corridor Critical Area. This 2009 law directs the DNR to work with local units of government and other stakeholders to update minimum standards and guidelines for the river corridor. That work is nearly complete. If allowed to become law, this legislation would prevent new standards and guidelines designed to update protections for the Mississippi River from being enacted.

MEP and many MEP members oppose these bills.

Aquatic Invasive Species Controls:

The House Environment held its first hearing this week on a new funding option for aquatic invasive species (AIS) control programs. HF1162, authored Rep. John Ward (D-Brainerd), is the governor’s plan for a stronger AIS control program.  The fight against AIS includes zebra mussels, Eurasian watermilfoil, and Asian carp. HF1162 increases fines for violations by boaters not properly draining their boats and bait buckets. The Governor has proposed to pay for the increased effort with an increase in the current $5 surcharge every three years tied to boat licenses. These license surcharges would vary depending on the watercraft size and type and are projected to raise $4 million per year for the educational, enforcement, and public awareness AIS campaign.

Both the House and Senate Environment Finance bills fund an increased AIS effort by the DNR with LCMMR dollars for two years.

The reaction to increases for license fees, including boat license fees for AIS, has not been well received at the State Capitol. The majority party considers fees to be taxes and does support raising either at this point in the legislative session.  Currently in both budget bills, lottery dollars are being redirected to increase the efforts surrounding the fighting of AIS through education and enforcement.

A Bonding Bill:

Both the House and Senate Bonding Committees are readying a smaller bonding bill that would deal with flooding concerns and problems for the state and local government in terms of highways and building.  The House Bonding Committee has also prepared a working list of existing bonds authorized that if cancelled would save the state money through reduced debt payments.  The Governor’s $500 million bonding bill, HF607, was introduced earlier and still awaiting committee action.

Legislative Approval of Agency Rules:

Legislation is moving that would require legislative approval of any state agency rule making process that would cost of $10,000.  Similar legislation has been introduced relating to elections, education, and health and human services. The philosophy is one of legislative control of rule making so that the rules to do not move too far from the original intent of the legislation.

HF203 is authored by Rep. Torrey Westrom (R-Elbow Lake) and has passed the House.

SF261 is authored by Senator David Senjem (R-Rochester) and has passed two committees and is awaiting a hearing in its third committee stop.

Local Control:

Legislation of concern has been introduced that could potentially weaken local control for townships, cities, and counties. SF270, authored by Senator Warren Limmer (R-Maple Grove), and HF389, authored by Rep. Mike Beard, have raised the concerns of some MEP members. To date, no hearings have taken place, but MEP and its members are watching these bills.

Legacy Dedicated Dollars:

HF471, authored by Rep. Denny McNamara (R-Hastings) appropriated the Lessard-Sams legacy dollars for the third year since the constitutional amendment passed in 2008 to dedicate a portion of the sales tax to habit, water, parks, trails, arts, and history. At an earlier hearing, that bill was amended to recommit 20% of the Lessard-Sams money for rehab and maintenance of lands purchased under the bill and dollars for payments to local government for taking the land off the tax rolls. The entire Legacy bill that will include habitat, water, parks and trails, and arts and culture is being formulated in the House Legacy Division, chaired by Rep. Dean Urdahl (R-Grove City).

SF158 is the Senate companion and is authored by Senator Bill Ingebrigtsen. These two bills are where the debate over state land purchases, PILT payments to local governments for property taxes, and where the money might come from to improve and maintain the new public lands for public uses has and will continue to take place.

LCCMR Dollars:

Both the House and Senate Environment Finance Committees decided to make major changes in the recommendations of the citizen-involved LCCMR. The changes include dropping funding for more than 20 recommended projects in order to free up money for other emerging issues/priorities like chronic wasting disease control, a sulfide standard study, and an AIS control program. Project cuts were generally research-oriented projects.

Citizen Participation in LCCMR and Lessard-Sams Decisions:

This has been a tough year for citizen participation in the two councils that “make recommendations” regarding lottery dollars and dedicated sales tax dollars. Both the recommendations from the LCCMR and the Lessard-Sams Council have been changed in the legislative process. Changes have been made in the past regarding the old LCMR process and recommendations but the newer LCCMR version and even newer Lessard-Sams model are not accustomed to the legislature holding and playing the bigger cards strategy. The jury is still out over the fallout of this year’s actions, but a bill, HF1073, has been introduced that would do away with both councils and all the citizens involved, and move the decisions back to the legislature. HF1073 is authored by Rep. Rick Hanson (D-South St. Paul).

Innovative Energy Projects:

MEP members are monitoring a new energy bill. SF417, authored by Senator Dave Tomassoni (D-Chisholm), and HF618, authored by Rep. Mike Beard (R-Shakopee), would modify the innovative energy project standards in current law. The bill calls for the use of a combustion turbine generation technology using synthesis gas derived from coal and other hydrocarbon resources as a primary fuel. No hearings have been held to date.

Streamlining of Environmental Review:

HF1 is now Chapter 4.

With the Governor’s signature, a major rollback of environmental review and permitting has taken place.

HF1 establishes a goal of petition decision making within 150 days of application by the DNR and the MPCA in order to provide faster environmental review and permitting.  The Governor had already addressed this concern and legislative priority with a January executive order. The legislature chose to go further than the provisions in the executive order.

The new law eliminates the district courts as the first line of defense for individuals or groups to appeal EIS decisions—leaving only the appeals court to be the court of pubic input.

The bill also allows the proponent of a project to prepare the draft EIS and then have the Responsible Government Unit (RGU) review and approve the document. MEP and others believe that this two-step approach to environmental review could actually slow down the entire process.

The biggest environmental rollback in the bill is language that exempts the IRRRB from MEPA’s requirement that environmental impacts be taken into consideration before making financial decisions relating to proposals in front of the IRRRB. MEP believes strongly that before the IRRRB decides to loan public money to a project such as PolyMet, it should first understand the environmental impacts of what it is funding. This provision was not in the bill as introduced, but was added by amendment on the House and Senate floors with Republicans and Iron Rangers voting in support of the provision.

The types of environmental review and permitting covered by this new legislation usually occur in the MPCA on permits for big agriculture feedlots, large construction sites, power plants sitting and building, and the DNR for mining and forestry projects.

MEP and MEP members opposed this bill all the way along the legislative process and asked the Governor for a veto. It did not happen!

What does this all mean?

MEP believes that these are just the first few legislative efforts to rollback environmental protection in this state. Many gains have been made in the environmental arena over the past 10-20 years. Republicans and Democrats, working together, crafted public policy for clean energy alternatives to coal and nuclear energy; stronger protections for our lakes, rivers, and streams; and established ways that the general public and interested parties in general may participate in decisions that affect their communities and lives.

MEP does a lot of polling on environmental issues. Year after year Minnesotans indicate that clean energy jobs and clean water are keys to the future of this state. Over 80% of Minnesotans polled last fall indicated that they support the need for industry to continue to follow existing laws that protect water, land, and the air—not roll back the protections!

MEP Message and Mission:

MEP’s position of protecting our environment, preserving of habitat, improving the quality of our lakes and streams, and using clean energy are strongly supported by the majority of Minnesotans. Our message remains clear. Minnesotans want clean water. They want clean energy jobs.  And they want our Great Outdoors to be protected and preserved for future generations.

If you have any questions or concerns about the issues mentioned above, or any other, feel free to contact me at gary@capitolconnections.com.

We urge you to contact your local representative and senator and talk to them about good clean energy jobs and the need to continue to enhance and protect the environment. They need to hear from you; grassroots is the key to success!