Minnesota Point is one of Duluth’s more unusual natural areas. It’s a seven-mile-long natural sand bar that crosses the mouth of the St. Louis River and forms the harbor of Duluth and Superior. At the end of the Point is about two miles of undeveloped dunes, beaches and a dramatic tall pine forest.

In 2011, much to the surprise of the dog walkers and bike riders who frequent the end of the Point, signs went up in the pine forest marking off the boundaries and rules of the Minnesota Point Pine Forest Scientific and Natural Area (SNA). It was especially surprising to read the rules that said, among other things, dog walking and bike riding were no longer allowed.

SNA designation is one of the highest levels of protection the State of Minnesota can apply to land. It’s plants first, people second.

So what about those dog walkers? Was this a replay of the creation of the BWCA? Was Big Government coming in and taking away traditional uses of this fabulous natural area, all in the name of the public good?

Within a few weeks of the signs going up, someone took matters into their own hand. On the sign that listed all the prohibited activities, someone had taken a jackknife and carefully scratched out both “dog walking” and “picnicking.” That’s a little like plugging your ears and singing “La la la la la, I can’t HEAR you” when your parents told you to clean your room. Making the text illegible doesn’t change the rule; public process does.

As it turns out, the administrators of the SNA program within the Minnesota DNR are not dog haters. They fully intend that on-leash dog walking will be allowed, and they even admit that the rule was a mistake. They will go through a public process to change the general SNA rules for this specific property. They’ve done the same thing to allow everything from berry picking to shorefishing in other SNAs. There will be a public meeting. And a comment period.

Better to attend a public hearing than to try your own jackknife line-item veto.

This post originally appeared in Hindsight: The Minnesota 2020 Blog

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 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!

As we “spring ahead” this weekend the legislature is moving forward on a number of bad environmental bills. This past week a number of bills of concern to the MEP and its members received more debate, committee hearings, and floor action. They include:

Nuclear Power Plant Moratorium Lifting:

The first meeting of the conference committee meeting met today in an attempt to resolve the differences in SF4/HF9. 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. None of the three were resolved today.

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 encourage the Governor to veto the bill.

New Coal Plants in- and out-of-State:

Both the House and Senate versions of legislation that would remove restrictions on building new coal-fired power plants in Minnesota passed their final committees and are heading for the floor of both bodies

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).

MEP and MEP members continue to oppose this bill.

You can take action by telling your legislators and the Governor to vote “no” on legislation that allows more dirty coal!

xxx

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!

What does this all mean?

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.

MEP believes that these are just the first three legislative efforts to roll back 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 could 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 — and not roll back these protections!

xxx

Water Bills and Issues:

The Clean Water Legacy money is contained in HF656 sponsored by Rep. Paul Torkelson (R-Nelson Township). This bill appropriates the clean water dollars raised the dedicated sales tax funds for two years. There is money for local governments and non profit 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.

SF657 is the senate companion to the Torkelson bill. SF657 is authored by Senator Bill Ingebrigtsen and is awaiting its first hearing.

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.

Many MEP members are actively involved in water policy and funding issues, and now bills. Two bills, SF196 and SF161 authored by Senator John Pederson (R-St. Cloud) received hearings this past week.

SF196 would place a two year freeze on are water rulemaking and would provide for a study due back next session regarding consolidation of the water agencies and functions. HF182 is the House companion in is authored by Rep. Mike Beard (R-Shakopee).

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. HF368 is the House companion and is authored by Rep. King Banaian (R-St. Cloud).  Both SF196 and SF161 received their second hearings this past week, but were passed back to their first committees.

Waters with Wild Rice, Sulfate Standards:

HF1002, authored by Rep. Tom Rukavina (D-Pike Township) would raise the allowable sulfate level in wastewater discharges from 10 milligrams per liter to 50 milligrams per liter into waters where wild rice grows. The current standard has been in place since 1973. Northern mining operations believe this standard is not based on any good science and is too strict for them to meet.

SF732, authored by Senator Tom Bakk (D-Cook), is the Senate companion.

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. The bill is awaiting final action by the Senate.

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.

Aquatic Invasive Species Controls:

Governor Dayton has submitted his biennial budget to the Legislature. In that budget are funding increases to fight aquatic invasive species through current DNR programs.

Under the Governor’s budget, watercraft fees would increase. That additional revenue would be used to increase inspections of boats for zebra mussels and water milfoil, among other invasive aquatic pests and plants. The aquatic species invasive surcharge, currently set at $5 across the board, would incrementally increase depending upon the size and type of the boat. New surcharge fees would run between $10 and $25.

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 not want to touch either. Looks like some lottery dollars will be redirected to increase the efforts surrounding the fighting of AIS through education and enforcement.

Governor’s Budget Bill:

Governor Dayton presented his two-year budget on schedule. The budget contains $4 billion in new revenue from a targeted income tax increase and $2 billion in cuts in general fund dollars.

Now the House and Senate have announced its “targets” for their own budget. Their budget calls for spending $34 billion over the next two years compared to the Governor’s plan of spending $37 billion.

There are deep cuts in the environmental and conservation areas in both budgets.

According to Conservation Minnesota, an MEP member, the general fund cuts to the environment are over $5 million per year under the governor’s budget. The historical average of one percent of the general fund budget being allocated to environmental programs drops to .75% in 2012 and .67% in 2013 under the proposed Dayton budget. The budget calls for a 10% cut to the DNR and MPCA and a 40% cut to metro parks.

MEP and other member groups are concerned of the potential backfilling for these general fund cuts with Lessard-Sams Legacy dollars. MEP is actively involved in the funding recommendations of the Lessard-Sams Council, the Clean Water Council, and the LCCMR.

Bonding Bill:

The Governor’s $500 million bonding bill, HF607, received a hearing.  The bonding committee in the House is working on a bill to repeal some of the bonding dollars that were passed in the last couple of years. These “cancellations” would save the state money in bond debt service. A smaller bonding bill can be expected to be a part of the final budget package later in the year.

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). The bill, as amended, passed the House 77-54.

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

Local Control:

Legislation of concern that 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.

School Trust Fund Laws:

A hearing was held last week on bills that would change the current state management of Minnesota’s permanent school trust lands. There are 2.5 million acres of school trust fund lands, mostly in northern Minnesota, that are managed by the DNR for timber and mining with the revenue raising going to the school districts of the state. HF206, 207, and 435 are sponsored by Rep. Dittrich (D-Champlin) would take the management control away from the DNR and use an independent authority to manage the lands more aggressively in terms of revenue raised. Sale of some of these lands would also be strongly considered.

Legacy Dedicated Dollars:

HF471, authored by Rep. Denny McNamara, 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. The bill received its first hearing and 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.

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:

The LCCMR met Monday night and made a number of changes to its recommendations for this year’s lottery dollars. The changes include dropping funding for over 20 recommended projects in order to free up money for other priorities, including chronic wasting disease control, emerald ash borer control, and AIS control. Hit hardest in the cuts were research oriented projects. The commission meets again the Monday to continue discussion on these changes and probably pass out its recommendations 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.

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.

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

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!

The busy 2011 legislative session continues. The Governor has presented his budget and committees are beginning to take a long and hard look at his numbers and their impacts on programs and projects. Committee and floor action continue daily regarding major environmental issues and bills. This past week a number of bills of concern to the MEP and its members received more debate, committee hearings, and floor action. They include:

Streamlining of Environmental Review:

SF42, authored by Sen. Bill Ingebrigtsen (R-Alexandria), passed the Senate last Thursday.

The bill would establish a goal for faster environmental review by the DNR and the MPCA. The bill also eliminates the use of district courts to appeal EIS decisions — leaving only the appeals court to be the court of pubic input. The bill also would allow the advocate of a project to prepare the EIS and then have the Responsible Government Agency (RGU) review and approve the document. This is referred to as the “fox guarding the chicken coop” approach to environmental review.

An amendment added on the floor 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.

HF 1, authored by Rep. Dan Fabian (R-Roseau), passed the Minnesota House earlier in the month. The bills may be going to conference committee this week or if the House agrees with the Senate language the bill could be headed for the Governor’s desk.

MEP is sending a letter to Governor Dayton urging him to veto the bill. MEP believes strongly that the bill weakens, rather then simply streamlines, the environment review laws and rules for setting standards to protect our air, water and land.

You can Take Action, too! Tell Gov. Dayton to veto this bill

The environmental community has argued that it makes sense to wait for a Legislator’s Audit report on this very subject. That report will be released this Tuesday! Governor Dayton has issued an executive order on environmental permit streamlining in January that addresses the main concerns of the original legislation.

This type of environmental review and permitting that is referenced in the 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.

Nuclear Power Plant Moratorium Lifting:

Legislation that would repeal the 17-year-old moratorium on building new nuclear power plants in the state is in conference committee. SF4/HF9 has passed both the House and Senate but the language is different and therefore needs a conference committee to work out the differences before sending the bill off to Governor Dayton.

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.

Governor Dayton has weighed in on this issue and has offered conditions around which he could support this legislation. The current version of the legislation does not meet his concerns or conditions.

Dirty Coal Plants in- and out-of-state:

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 Pawlenty. The bill is scheduled for a hearing this Wednesday in the House Commerce Committee.

The companion to this bill, SF86, authored by Senator Julie Rosen (R-Fairmont), is scheduled for a hearing in her own Senate Energy Committee on Thursday. MEP members are prepared to testify and have been lobbying the committee members.

What does this all mean?

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.

MEP, in its polling of Minnesotans, is hearing that construction of nuclear and dirty coal electricity plants are not the short- or the long-term answer to Minnesota energy or job needs. The better approach, we will continue to argue, is for clean energy jobs that are already taking place and could be accelerated with state investments and tax credits. MEP also is hearing from its polling that more than 80% of Minnesotan’s want industry to continue to follow existing laws that protect water, land and air.

Other Conservation and Environment Issues of Interest:

Mississippi River Corridor Critical Area Repeal:

SF39, authored by Sen.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. The bill is awaiting final action by the Senate.

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.

MEP held one of its in district meeting this past Tuesday night in Hastings with Rep. Denny McNamara and Sen. Katie Sieben. Many of the attendees came to talk about the critical area designation and the strong desire to protect the designation.

Aquatic Invasive Species Controls:

Governor Dayton has submitted his biennial budget to the Legislature. In that budget are funding increases to fight aquatic invasive species through current DNR programs.

Under the Governor’s budget watercraft fees would increase with the additional revenue used to increase inspections of boats for zebra mussels and water milfoil, among other invasive aquatic pests and plants. The aquatic species invasive surcharge, currently set at $5 across the board, would incrementally increase depending upon the size and type of the boat. New surcharge fees would run between $10 and $25.

Governor’s Budget Bill:

Governor Dayton presented his two-year budget to the legislature this week. The budget contains $4 billion in new revenue from a targeted income tax increase and $2 billion in cuts in general fund dollars. According to research done by Conservation Minnesota, an MEP member, the general fund cuts to the environment are over $5 million per year. The historical average of 1 percent of the general fund budget being allocated to environmental programs drops to .75% in 2012 and .67% in 2013 under the proposed Dayton budget. The budget calls for a 10% cut to the DNR and MPCA and a 40% cut to metro parks. MEP and other member groups are concerned of the potential backfilling for these cuts with Legacy dollars. MEP is actively involved in the funding recommendations of the Lessard-Sams Council, the Clean Water Council, and the LCCMR.

Bonding Bill:

The Governor’s $500 million bonding bill gets its first hearing next week. Dayton suggested that the Legislature to add another $500 million onto his bill in an effort to provide construction jobs for this summer and fall. The bill is HF607 and is authored by Rep. Larry Howes (R-Walker). It received a hearing this past week. Most Capitol watchers believe that a bonding bill will be part of the final budget package later in the year.

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.

SF261 is authored by Senator David Senjem (R-Rochester) and is scheduled for a hearing this Monday.

HR203 is authored by Rep. Torrey Westrom(R-Elbow Lake).

Local Control:

Legislation of concern has been introduced that could potentially weaken local control for townships, cities and counties. SF270, authored by Sen. 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.

School Trust Fund Laws:

A hearing was held last week on bills that would change the current state management of Minnesota’s permanent school trust lands. There are 2.5 million acres of school trust fund lands, mostly in northern Minnesota, that are managed by the DNR for timber and mining with the revenue raising going to the school districts of the state. HF206, 207, and 435 are sponsored by Rep. Dittrich (D-Champlin) would take the management control away from the DNR and use an independent authority to manage the lands more aggressively in terms of revenue raised. Sale of some of these lands would also be strongly considered.

Water Bills and Issues:

Many MEP members are actively involved in water policy and funding issues — and now, bills. Two bills, SF196 and SF161 authored by Sen. John Pederson (R-St. Cloud) received hearings this past week.

SF196 would place a two-year freeze on are water rulemaking and would provide for a study due back next session regarding consolidation of the water agencies and functions. HF182 is the House companion in is authored by Rep. Mike Beard (R-Shakopee).

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. HF368 is the House companion and is authored by Rep. King Banaian (R-St. Cloud). Both SF196 and SF161 passed out of their first policy committee.

The MEP Water Cluster is actively working with key legislators, lobbyists from local government, business, and agriculture on plans to modify the composition of the current Clean Water Council and the way decisions are made in terms of allocations the dedicated clean water dollars.

Legacy Dedicated Dollars:

HF471, authored by Rep. Denny McNamara, 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. The bill received its first hearing this week. HF158 is the Senate companion and is authored by Sen. Bill Ingebrigtsen. This is the bill that will focus the discussion of 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.

Innovative Energy Projects:

MEP members are monitoring a new energy bill. SF417, authored by Sen. 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.

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 out-of-doors to be protected and preserved for future generations.

We will lobby for new clean jobs for our state but at the same time protecting our environment. We will work toward the advancement of new and improved transportation systems. We will work toward continued investment in our natural resources and we will work hard for the protection of the strong environmental laws and rules that are currently in place.

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

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!

On Feb. 16, Congresswoman McCollum referred to the Valentines when she spoke against budget cuts to environmental protection programs on the U.S. House Floor:

“I rise today to let the American people and all Minnesotans know that this Continuing Resolution is an unprecedented assault on our public health and environment. We know the federal budget is in crisis and we know we must make tough choices.

“But those choices must be prudent, wise and invest in our future. It should not put the basic health of Americans at risk.

“The Republicans’ plan before us proposes to cut $3 billion from the EPA’s budget, the largest percentage cut to this critical agency in 30 years.

“The bill also proposes radical policy language to keep the EPA from carrying out its historic mission — a mission to protect the health of the American people by limiting the EPA’s ability to enforce the Clean Air and Clean Water Act.

“The EPA needs to be allowed to do its job and it needs the resources to do this job. This bill would cause the EPA to lay off 80 percent of its employees who are responsible for protecting public health.

“State clean water programs are gutted by $2 billion in the Republicans’ budget. Our local communities are struggling with their own budgets, and these vital funds allow for communities to hire engineers and construction workers to upgrade water plant and drinking water projects.

“It is the EPA’s investment in clean water that allows parents to know that if their child walks up to a drinking fountain anywhere in america, they can have the peace of mind that that water is safe for their child to drink. These irresponsible cuts jeopardize that peace of mind.

“The EPA does important work and the work that the EPA does saves lives. Istrongly oppose these reckless Republican cuts and radical deregulation proposals that endanger our communities.

“Congress needs to make difficult choices. Mr. Chair, i believe that these are full, hearty choices to shortchange clean air, clean water and the health of our families.

“Yesterday I received over a thousand Valentines from Minnesotans. Those Valentines were dedicated to the EPA. My constituents understand the important work that the EPA has done to protect our water, our land and their  health for the past 40 years and it’s work that they feel must continue.

“This Continuing Resolution would turn back all the progress we have made in cleaning up our environment. I firmly reject it and urge my colleagues to do so as well.”

See a video of McCollum’s statement here

Another busy week at the 2011 legislative session! Committee and floor action continue daily regarding major environmental issues and bills. This past week a number of bills of concern to the MEP and its members received more debate, committee hearings and floor action. They include:

Environmental Review and Permitting:

HF1, authored by Rep. Dan Fabian (R-Roseau), passed the Minnesota House.

This bill calls for faster environmental permitting and, MEP believes, less involvement by the general public in the environmental review process. Key concerns remaining in the bill include the elimination of the use of district courts to appeal EIS decisions — leaving only the appeals court to be the court of pubic input. The bill also would allow the advocate of a project, like an international mining company, to prepare the EAW and/or EIS and then have the Responsible Government Agency (RGU) review and approve the documents. This is referred to as the “fox guarding the chicken coop” approach to environmental review.

An amendment added on the floor 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.

SF42, authored by the Senate Environmental and Natural Resources policy and finance committee chair Sen. Bill Ingebrigtsen (R-Alexandria) is awaiting floor action — probably this Monday or Thursday.

MEP is actively lobbying against the IRRRB exemption amendment that is expected to be offered on the Senate floor. This is the same amendment that was added on the House floor.

MEP and members groups are also lobbying against the entire bill. We have asked that the House and Senate wait for the Legislative Auditor’s report on this very subject and due out yet this month! Governor Dayton issued an executive order on environmental permit streamlining in January that addresses the main concerns of the original legislation.

This type of environmental review and permitting that is referenced in the 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.

Nuclear Power Plant Moratorium Lifting:

The bill that would repeal the 17 year old moratorium on building of another nuclear power plant in Minnesota has passed the Senate. SF4 is authored by Senate Majority Leader Amy Koch (R-Buffalo).

The House companion bill, HF9 authored by Rep. Joyce Peppin (R-Rogers), passed the House this past Thursday. Due to an amendment added on the House floor the two bills are different and may require a conference committee to work out the differences.

MEP and MEP member organizations continue to work against the need for this legislation.

Governor Dayton has weighed in on this issue and has offered conditions around which he could support this legislation. The current version of the legislation does not meet his concerns or conditions.

Dirty Coal Plants in and out of State:

HF72, authored by Rep. Mike Beard (R-Shakopee), would remove the ban on increased carbon dioxide emissions by utilities. This is the so-called dirty coal bill that relates to and involves the current prohibition of buying electricity from dirty coal plants in North Dakota. The bill is awaiting action in the House Commerce Committee.

The companion to this bill is SF86 and is authored by Senator Julie Rosen (R-Fairmont). Her bill is pending a hearing in her own Senate Energy Committee.

What does this all mean?

These GOP authored bills (with one exception) 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.

MEP, in its polling of Minnesotans, is hearing that construction of nuclear and dirty coal electricity plants are not the short or the long term answer to Minnesota energy or job needs. The better approach, we will continue to argue, is for clean energy jobs that are already taking place and could be accelerated with state investments and tax credits. MEP also is hearing from its polling that over 80% of Minnesotan’s want industry to continue to follow existing laws that protect water, land, and the air.

Other Conservation and Environment Issues of Interest:

Mississippi River Corridor Critical Area Repeal:

SF39, authored by Sen. 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. The bill passed the Senate Finance Committee and was referred to the Senate floor for final action.

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.

Aquatic Invasive Species Controls:

Earlier in the week Governor Dayton submitted his biennial budget to the Legislature. In that budget are funding increases to fight aquatic invasive species through current DNR programs. The new money would be raised from an increase in the fishing licenses and boat registrations.

MEP’s first in-district meeting of the year held in Alexandria with Sen. Bill Ingebrigtsen a couple of weeks ago generated 75 folks. The audience was largely comprised of Minnesota Waters members and they wanted to talk about aquatic invasive species, especially zebra mussels!

Sen. Ingebrigtsen has held a hearing on the issue since that meeting in Alexandria. So has the House committee on Environment. Many MEP members are interested in this issue and will be working on the budget bills and any other policy bills on this issue.

Governor’s Budget Bill:

Governor Dayton presented his two-year budget to the legislature this week. The budget contains $4 billion in new revenue from a targeted income tax increase and $2 billion in cuts in general fund dollars. According to research done by Conservation Minnesota, an MEP member, the general fund cuts to the environment are over $5 million per year. The historical average of one percent of the general fund budget being allocated to environmental programs drops to .75% in 2012 and .67% in 2013 under the proposed Dayton budget. The budget calls for a 10% cut to the DNR and MPCA and a 40% cut to metro parks. MEP and other member groups are concerned of the potential backfilling for these cuts with Legacy dollars.

Bonding Bill:

The Governor’s $500 million bonding bill gets its first hearing next week. Dayton has suggested that the Legislature add another $500 million onto the bill in an effort to provide construction jobs for this summer and fall. The GOP rejected the offer — at least for now. Most believe that a bonding bill will be part of the final budget package. The bill is HF607 and is authored by Rep. Larry Howes (R-Walker).

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. SF261 is authored by Sen. David Senjem (R-Rochester). HR203 is authored by Rep. Torrey Westrom (R-Elbow Lake).

Local Control:

Legislation of concern that been introduced that could potentially weaken local control for townships, cities, and counties. SF270, authored by Sen. Ray Vandeveer (R-Forest Lake) and HF389, authored by Rep. Mike Beard, have raised concerns to some MEP members. We will be working on these bills, as well.

School Trust Fund Laws:

Bills are getting hearings this week that would change the current state management of Minnesota’s permanent school trust lands. There are 2.5 million acres of school trust fund lands, mostly in northern Minnesota, that are managed by the DNR for timber and mining with the revenue raising going to the school districts of the state. HF206, 207, and 435 are sponsored by Rep. Dittrich (D-Champlin) would take the management control away from the DNR and use an independent authority to manage the lands more aggressively in terms of revenue raised. Sale of some of these lands would also be strongly considered.

Water Bills and Issues:

Many MEP members are actively involved in water policy and funding issues and now bills. Two bills, SF196 and SF161 authored by Sen. John Pederson (R-St. Cloud) received hearings this past week.

SF196 would place a two year freeze on are water rulemaking and would provide for a study due back next session regarding consolidation of the water agencies and functions. HF182 is the House companion in is authored by Rep. Mike Beard (R-Shakopee).

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

The MEP Water Cluster is actively working with key legislators, lobbyists from local government, business, and agriculture on plans to modify the composition of the current Clean Water Council and the way decisions are made in terms of allocations the dedicated clean water dollars.

Legacy Dedicated Dollars:

HF471, authored by Rep. Denny McNamara, 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. The bill is getting its first hearing this week. SF158 is the Senate companion and is authored by Sen. Bill Ingebrigtsen.

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 out-of-doors 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.”

MEP’s coalition of 80 nonprofit conservation and environmental organizations remain committed to the protection and restoration of Minnesota’s lakes, rivers, streams, forests, natural areas, parks, and trails.

We will lobby for new clean jobs for our state but at the same time protecting our environment. We will work toward the advancement of new and improved transportation systems. We will work toward continued investment in our natural resources and we will work hard for the protection of the strong environmental laws and rules that are currently in place.

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

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!

Thanks to everyone who participated in the We Heart EPA campaign! We are happy to report that the effort resulted in some great actions:

Environment America, with the help of their Minnesota branch, Environment Minnesota, delivered more than 5,000 Valentines Day cards and letters to Lisa Jackson, administrator of the Environment Protection Agency. You can read more about Environment America’s Valentines here.

Friends of the Boundary Waters Wilderness were also in D.C. on Valentines Day and delivered their bundle of Valentines and petition signatures to Minnesota’s 4th District Congresswoman Betty McCollum. Congresswoman McCollum said she would mention them in an upcoming House Floor deabte about the EPA.

Even though Valentine’s Day is over, you can and should continue to show your support for the EPA’s authority to protect our land, clean water and air. The threats to limit the EPA’s ability to do its job continue:

Business Groups’ Target: EPA (Wall Street Journal)

House GOP readies bill to prohibit EPA from regulating carbon emissions (Washington Post)

Wyoming Senator Seeks to Lasso E.P.A. (New York Times blog)

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It’s important to keep letting Congress and the White House know that we want the EPA to be able to do its job!

You may contact your member of Congress through the Capitol Switchboard: 202.224.3121

Or, find individual contact information for Minnesota’s delegation here

- Our nation’s bedrock of federal environmental laws, including the Clean Air Act and the Clean Water Act, are enforced by the EPA.

- In our region, the EPA helped protect Northeastern Minnesota’s water from serious environmental damage, after it declared that the draft Environmental Impact Statement for PolyMet’s proposed toxic non-ferrous sulfide mine presented unacceptable risks to the environment.

- Just recently, the EPA put a stop to catastrophic water pollution from mountaintop removal coal mining in West Virginia.

- And, the agency is currently leading efforts nationally to confront global warming pollution and ensure environmental justice.

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Now, however, the strength of those protections is at risk, because the Obama administration is receiving pressure to rein in the EPA’s authority and many new members of Congress are attacking the agency’s ability to do its job.

We need to join together and publicly show our support for the EPA’s role in keeping our nation’s water and air clean and healthy. It is imperative that the EPA is allowed to continue its effective work.

Please join people and organizations from around the country to help support the important work of the EPA:

1. Join the campaign: “Send the EPA a Valentine”
Visit WeHeartEPA.org to sign a Valentine stating, “We love the EPA’s role in protecting our water, air and health.” We want this campaign shared across the state and across the country. The signatures will be delivered in person to the EPA on Feb. 14. Please share this website with others as soon as possible.

2. Write a letter from your organization to the Obama Administration urging them to continue to support the EPA’s role in enforcing existing laws that protect our Great Outdoors. Download a template letter to use and/or modify for your own purposes.

Together, we can make it known that we value the EPA’s efforts to keep us healthy by working for clean air and water.

It is truly and honor and a privilege to be working for the Minnesota Environmental Partnership this session. I have been active in MEP from its creation and believe in its mission and goals completely. I have served on the MEP board and served as chair of the Governmental Relations Committee in the past. I have lobbied for a number of MEP member organizations. It feels like family!

Needless to say the 2011 legislative session will be different. A new Governor. A new legislature complete with new leadership and new chairs of all committees in both bodies. I have worked at the State Capitol since 1975 and this is the first time I have seen this large amount of wholesale turnover and change. Change can be good!

MEP’s issues are not Democrat, Republican or Independent issues. Protecting our environment, preserving of habitat, improving the quality of our lakes and streams, and using clean energy should be, and are, issues of all Minnesotans. Our message will not change. Minnesotans want clean water. They want clean energy jobs, and the want our great out of doors to be protected and preserved.

The MEP message to the new 2011 Legislature and to our new Governor Dayton and his administration is the same as in the past; “Protect Minnesota’s Future.”

Our Coalition of 80 nonprofit conservation and environmental organizations remain committed to the protection and restoration of Minnesota’s lakes, rivers, streams, forests, natural areas, parks, and trails.

I look forward to meeting with the new leaders and new members of the State Legislature and the new administration. We will work with them toward new jobs for our state but at the same time protecting our environment. We will work toward the advancement of new and improved transportation systems. We will work toward continued investment in our natural resources and we will work hard for the protection of the strong environmental laws and rules that are currently in place.

Happy New Year to all and welcome back to St. Paul!