 |
|
|
Note: The Senate Information Office has toll-free telephone numbers to enable citizens of Greater Minnesota to obtain general information about the Minnesota Senate. The telephone numbers are: 1-888-234-1112 (voice) and 1-888-234-1216 (TTY).
Update: April 28, 2004 3 p.m.
The appointees were Michelle Beeman and Dennis Jensen to the board of the Minnesota Pollution Control Agency and Jerome Deal as chair of the Board of Water and Soil Resources.
Committee members also considered S.F. 3022, sponsored by Sen. Thomas Bakk (DFL-Cook). The measure provides a process for building an iron nugget manufacturing plant on the site of the LTV mine in Hoyt Lakes. The bill allows the existing permit for a taconite processing facility at the mine to be amended. Members rejected, on a 3-8 roll call vote, an amendment, offered by Sen. Sean Nienow (R-Cambridge), removing an exemption from environmental review for the plant. S.F. 3022 was advanced to the full Senate.
S.F. 1693, sponsored by Sen. David Tomassoni (DFL-Chisholm), removes references to taconite from laws governing permits for deposition of fine tailings from minerals processing facilities into mine pits. S.F. 2299, carried by Sen. Thomas Bakk (DFL-Cook), expands enforcement procedures relating to petroleum storage tanks to include aboveground tanks at bulk plants. Both bills were recommended for placement on the Consent Calendar.
Two other bills were sent to the full Senate. S.F. 1740, carried by Sen. Steve Kelley (DFL-Hopkins), provides for the consumptive use of groundwater in the cities of Golden Valley, Crystal and New Hope. S.F. 2621, authored by Sen. Julie Rosen (R-Fairmont), exempts from environmental impact statements ethanol plants in Greater Minnesota using less than 100 million gallons of water per year.
Sen. Tom Saxhaug (DFL-Grand Rapids) carried S.F. 2203, the omnibus game and fish bill. The bill will next be heard in the Finance Committee.
S.F. 1999, carried by Sen. Dan Sparks (DFL-Austin), expands an existing restriction on the use of fertilizers containing phosphorus. S.F. 2068, authored by Sen. Steve Dille (R-Dassel), prohibits planting trees over a drain tile that provides for the drainage of land owned or leased by another person, unless the person planting the trees receives permission from all persons who receive drainage benefits from the drain tile. Both bills were advanced to the full Senate. Committee Chair John Marty (DFL-Roseville) sponsored S.F. 2422. The bill provides for the management of polychlorinated biphenyl (PCB) waste. The measure was recommended for placement on the Consent Calendar.
Two bills were forwarded to the Finance Committee. S.F. 1997, sponsored by Sen. Carrie Ruud (R-Breezy Point), requires the use of the Environmental Quality Board as the responsible governmental unit in proposed actions on public waters bordering more than one county. The bill also requires an environmental impact statement if the proposed action is on public waters that border more than one county and the action includes a watercraft mooring capacity of 10 or more boats. Sen. Rod Skoe (DFL-Clearbrook) carried S.F. 2145, authorizing acquisition of 35-year or permanent easements under the Reinvest in Minnesota conservation reserve program. The measure also authorizes the sale of $20 million in state bonds to finance the acquisitions.
S.F. 2583, carried by Sen. Tom Saxhaug (DFL-Grand Rapids), modifies the forest resources Interagency Information Cooperative and the State Timber Act. The bill was sent to the State and Local Government Operations Committee.
One bill was discussed and laid on the table. S.F. 2644, sponsored by Sen. Gary Kubly (DFL-Granite Falls), requires the Department of Natural Resources to obtain permits for construction activities in watershed districts.
Marty said an informal discussion held after the previous meeting devoted to off-highway vehicles (OHVs) resulted in a document that represented progress, but not an agreement. Sen. Dennis Frederickson (R-New Ulm), chief author of S.F. 2793, offered the document as a delete-everything amendment. The amendment prohibits OHV riding in calcareous fens, prohibits air intake pipes that are more than six inches above the manufacturers original air intake pipe and permits OHV riding on frozen type 8 wetlands. The amendment also provides for the repair of damaged driveways from the OHV damage account, provides for a grant program to train volunteers who monitor OHV activity, permits OHV instructors to charge $5 for class material, permits OHV riders to carry a passenger in certain situations, grants hunters exemptions from OHV restrictions, permits counties to allow OHV riding on minimum maintenance roads, creates specific penalties for violations by grant-in-aid recipients and provides for studies of the impact of OHV riding on wetlands and the allocation of gas tax receipts.
Sen. Tom Saxhaug (DFL-Grand Rapids) moved to delete the provision providing for the repair of damaged driveways. Money in the OHV damage account should be used to fix the most egregious damage, he said. Sen. Sean Nienow (R-Cambridge) said counties have been authorized to prohibit OHV riding in ditches. Landowners whose driveways are being affected by permitted OHV riding should be addressing the issue with local officials, he said. The Saxhaug amendment was adopted. Members then adopted the delete-everything amendment.
Frederickson offered an amendment essentially removing the state from any responsibility to provide trails for off-road vehicles (ORVs). The amendment limits ORVs to nonpublic roads, cross-country travel or designated recreation areas, and reduces ORV fees by two-thirds. Matt Norton, Minnesota Center for Environmental Advocacy, said there is not enough rock or soil support in Minnesota to support the multi-ton trucks classified as ORVs. Dan Larson, Four Wheel Drive Association, said riders have worked in good faith to build a system of trails. ORV riding is a growing activity, he said. Limiting ORVs to forest roads does not provide the varied riding experience sought by riders, he said. Frederickson said the goal of an exclusive ORV trail system may not be attainable. ORV money could be used to develop the Gilbert recreational area more or to create new areas, he said. The amendment was defeated.
Sen. LeRoy Stumpf (DFL-Thief River Falls) offered an amendment deleting provisions relating to grant-in-aid trails. One provision creates specific penalties for repeated violations by grant-in-aid recipients. The other requires the Dept. of Natural Resources to adopt rules increasing its oversight of grant-in-aid recipients. The system is based on volunteers, Stumpf said, and the provisions discourage people from volunteering. Ray Bohn, ATV Association, said the rulemaking requirement will delay trail development by two years. Stumpf withdrew his amendment so that Frederickson could offer an amendment changing the requirement to adopt rules to a requirement to adopt procedures and criteria. The Frederickson amendment was adopted. Stumpf then offered an amendment deleting the provision relating to penalties. The amendment was adopted. Members also adopted an amendment, offered by Stumpf, requiring 70 miles of ATV trails in consolidated conservation lands. The amendment specifies that the trail miles cannot include roads open to the public.
Three bills were approved and advanced to the Senate floor. S.F. 2164, carried by Sen. Jim Vickerman (DFL-Tracy), modifies state park fee payment and deposit requirements. S.F. 2726, sponsored by Committee Chair John Marty (DFL-Roseville), extends the expiration dates of the Environmental Education Advisory Board and the Solid Waste Management and Prevention, Reduction and Recycling Advisory Councils under the Office of Environmental Assistance. A bill, S.F. 2848, reestablishing the Aitkin Drainage and Conservancy District to maintain the Mississippi River diversion channel was sponsored by Sen. Tom Saxhaug (DFL-Grand Rapids).
In addition, three measures were re-referred to the Finance Committee. Sen. Becky Lourey (DFL-Kerrick) sponsored S.F. 2319, which requires the Pollution Control Agency to monitor and evaluate existing public and private wells for pollutants in areas permitting the application on agricultural land of sewage sludge from permitted wastewater treatment works. S.F. 2580, carried by Sen. Ellen Anderson (DFL-St. Paul), requires the Dept. of Commerce to develop a plan to reduce greenhouse gas emissions. S.F. 2250, carried by Sen. LeRoy Stumpf (DFL-Thief River Falls), provides $50,000 annually for evaluation of construction aggregate located on state trust lands.
S.F. 2763, carried by Sen. Dennis Frederickson (R-New Ulm), provides for the issuance of pipeline routing permits by the Environmental Quality Board. The bill was approved and advanced to the Judiciary Committee. Two bills were re-referred to the State and Local Government Operations Committee. S.F. 2472, authored by Frederickson, modifies the responsibilities of the Dept. of Natural Resources. S.F. 2210, carried by Sen. Thomas Bakk (DFL-Cook), modifies the department's enforcement powers.
Committee members, chaired by Sen. John Marty (DFL-Roseville), first heard from Karl Hadrits. Hadrits, a conservation officer in the Crosby area, related his experience citing off-road vehicle drivers for breaking laws and causing damage to wetlands on the opening day of the 2003 duck hunting season. He said he caught the same group twice in a 24-hour period. Of the four drivers who were charged, Hadrits said, two have pled guilty and been sentenced to 30 days in jail and $800 fines. Additionally, he said, the two individuals will each pay the Dept. of Natural Resources (DNR) $1,200 in civil restitution.
The panel then considered several measures relating specifically to off-highway vehicle (OHV) use in wetlands. S.F. 2793, carried by Sen. Dennis Frederickson (R-New Ulm), provides for a study of wetlands in the state, including their ownership, location and proximity to roads and the effects of driving OHVs in wetlands. S.F. 1673, sponsored by Sen. Tom Saxhaug (DFL-Grand Rapids), removes restrictions on OHV use on wetlands in private lands, removes restrictions on the use of OHVS on frozen wetlands and removes restrictions on OHV use on type 8 wetlands. In addition to the provisions in S.F. 1673, S.F. 1775, carried by Sen. LeRoy Stumpf (DFL-Thief River Falls), prohibits OHV use in calcareous fens and exempts OHVs used for farming, public safety, commercial or governmental uses from restrictions. Marty carried a bill, S.F. 2736, removing restrictions for wetlands on private lands that are not public waters, removing restrictions on frozen wetlands and privately-owned type 8 wetlands and providing an exemption for commercial, governmental, farming or public safety OHVs. The measure also provides an exemption for OHV use in wetlands for access to privately owned land and in type 8 wetlands when engaged in hunting and trapping activities. S.F. 1711, authored by Sen. Paul Koering (R-Fort Ripley), removes restrictions for wetlands on private lands and exempts OHV use for accessing hunting locations and retrieving and transporting game. S.F. 2367, carried by Sen. Carrie Ruud (R-Breezy Point), exempts OHVs used by utilities from OHV laws.
Darrell Spencer, an officer of the Izaak Walton League in Duluth, said the hunter and trapper exemption should be discontinued. People engaged in the taking of game can stay on trails, he said. Susan Solterman, Audubon Minnesota, said many of the proposals contain too many exceptions or exemptions. Wetlands are fragile ecosystems, she said, and we should seek to avoid having an impact on them, limit activity in wetlands and restore or replace damaged wetlands. Dan Larson, Minnesota Four Wheel Drive Association, said the focus should be on education, enforcement and adequate trails. Riders do not have enough trails, he said, and that is causing the problems across the state. Other riders also addressed the committee, stressing the need for more trails in all areas of the state.
Committee members also reviewed several OHV proposals not pertaining to wetlands. S.F. 2665, authored by Sen. Scott Dibble (DFL-Mpls.), requires the DNR to prepare a budget for trail designation, provides for increased oversight of grant-in-aid recipients, permits funds in the OHV damage account to be used for driveway repair and requires a study of the allocation of the gas tax. S.F. 2761, carried by Ruud, specifies the penalties imposed on grant-in-aid recipients for violating federal, state or local laws. Under the bill, the penalty for a second violation is a one-year suspension of funds, and for a third violation, the permanent ineligibility of the recipient for future funds. S.F. 1776, which contained wetland provisions, also provides a rulemaking exemption for OHV trail designation in state forests, modifies youth training requirements for all-terrain vehicles and permits ATVs on minimum-maintenance roads. S.F. 2831, carried by Marty, limits the modifications an OHV-owner can make to the air intake system of the vehicle and bans extreme traction tires.
Members heard from members of the public on the various proposals, but took no action on the vehicle bill, S.F. 2793.
S.F. 1823, authored by Sen. Pat Pariseau (R-Farmington), provides that fishing and hunting licenses issued to nonresidents who live in a state that prohibits Minnesota residents from taking game or fish during a part of the season that is open to residents of that state is not valid for taking game or fish during the first 14 days of the Minnesota season. Pariseau said the bill is a response to actions taken by neighboring states that have limited Minnesota residents' ability to hunt and fish during early parts of the states' seasons. The measure was approved and advanced to the full committee
Members also approved a bill allowing an exception to the ban on importing hunter harvested cervidae carcasses into the state. S.F. 1777, sponsored by Sen. Michelle Fischbach (R-Paynesville) specifies that a carcass that is verifiably destined, by prearrangement, to a taxidermist or meat processor within the state may be imported. The measure was advanced to the full committee.
A final bill, S.F. 1878, carried by Sen. Thomas Bakk, was laid over for inclusion in the subcommittee's omnibus game and fish bill. The measure allows nonresidents to obtain a trapping license, but specifies that a nonresident may take small game by trapping only on land owned by the nonresident, if the person possesses a trapping license and a small game license. The measure sets the fee for a nonresident trapping license at $73.
S.F. 2363, authored by Sen. John Hottinger (DFL-St. Peter), provides specifications for review and waivers under the federal Clean Water Act, directs the Board of Water and Soil Resources to develop rules for implementing the professional wetland delineator certification program and modifies the environmental review of a proposed action process to take into account relevant local plans. The bill was re-referred to the Finance Committee.
The committee also considered S.F. 1900. The measure, authored by Sen. Michael Jungbauer (R-East Bethel), clarifies the analysis of water table level for purposes of individual sewage treatment design. Members adopted an amendment specifying that redoximorphic features encountered in the individual sewage treatment system design analysis or compliance inspection process that are associated with a redoximorphic zone in conjunction with a water table or seasonally saturated zone should agree with the other hydrologic or biolgic information available at the site. Further, the amendment provides that where there is disagreement, the individual sewage treatment system designer or inspector must determine if there are scattered redoximorphic inclusions, possibly relict or evidence of some other geologic event no longer representative of the current seasonally saturated zone and now located in the unsaturated zone. The bill was advanced to the Senate floor.
S.F. 1988, authored by Sen. Dennis Frederickson (R-New Ulm), provides for the conveyance of surplus state land in Redwood County. S.F. 2484, sponsored by Sen. Paul Koering (R-Fort Ripley), provides for the sale of tax-forfeited land in Crow Wing County. S.F. 2588, sponsored by Sen. Rod Skoe (DFL-Clearbrook), authorizes the sale of tax-forfeited land in Mahnomen County. S.F. 2419, carried by Sen. David Tomassoni (DFL-Chisholm), provides for the sale of tax-forfeited land in St. Louis County.
All of the measures were approved and amended into the vehicle bill, S.F. 2205. The measure, sponsored by Saxhaug, provides for public and private sales of state lands and removes land from the George Washington State Forest. The bill was advanced to the full committee.
S.F. 2222, authored by Sen. Steve Kelley (DFL-Hopkins), memorializes Minnesota's Congressional Delegation to authorize an increase in the existing Boundary Waters Canoe Area Wilderness reservation fee to be allocated to Minnesota's Permanent School Fund. S.F. 1662, carried by Sen. Thomas Bakk (DFL-Cook), modifies state lease restrictions on Horseshoe Bay in Cook County. Both measures were approved and sent to the Senate floor.
S.F. 1988, sponsored by Sen. Dennis Frederickson (R-New Ulm), authorizes the conveyance of state land in Redwood County. S.F. 226, authored by Committee Chair John Marty (DFL-Roseville), clarifies the authorized uses of the environmental response and liability remediation fund. Both bills were approved and recommended for placement on the Consent Calendar.
S.F. 2090, sponsored by Sen. Dallas Sams (DFL-Staples), creates a certification program for new wastewater treatment technology. Members also approved S.F. 2236, authored by Sen. Gen Olson (R-Minnetrista). The bill modifies provisions relating to warrantied sewage treatment systems. Both measures were approved and re-referred to the Finance Committee.
Two bills were approved and advanced to the State and Local Government Operations Committee. S.F. 2201, carried by Sen. Don Betzold (DFL-Fridley), provides for administrative penalty orders and provides civil penalties for activities affecting the course, current or cross section of public waters. Under the bill, the maximum monetary amount of an administrative penalty order is $10,000 for each violator for all violations by that violator identified in an inspection or review of compliance. S.F. 2216, sponsored by Marty, makes a number of housekeeping changes in provisions relating to the Dept. of Natural Resources.
S.F. 2204, authored by Sen. Tom Saxhaug (DFL-Grand Rapids), is the technical public lands bill. The measure modifies provisions for the sale and disposition of surplus state lands, modifies state land management provisions and adds to and deletes from state forests and wildlife management areas. The measure was approved and advanced to the full Senate.
The committee, chaired by Sen. John Marty (DFL-Roseville), also considered three other bills. S.F. 1603, authored by Sen. Ann Rest, is a resolution urging the International Joint Commission to maintain its vigilance in opposing diversion of Great Lakes waters and to support the prompt resolution of all issues related to the finalization of Annex 2001. The bill was sent to the Senate floor. S.F. 2125, sponsored by Sen. Rod Skoe (R-Clearbrook), permits ice houses to be on the ice between midnight and one hour before sunrise after March 15 in northern Minnesota. Under the bill, ice houses must not be unattended during those hours. The measure was advanced to the Senate floor. Sen. Michael Jungbauer (R-East Bethel) carried S.F. 1900. The measure clarifies analysis of water table levels for purposes of individual sewage treatment design. S.F. 1900 was laid over for further discussion.
S.F. 2205, carried by Saxhaug, removes land from the George Washington State Forest. Saxhaug said the bill is the vehicle for the omnibus measure and that other bills would be amended into S.F. 2205.
S.F. 1593, sponsored by Sen. Thomas Bakk (DFL-Cook), authorizes a land exchange in Cook County. S.F. 1672, authored by Saxhaug, authorizes tax-forfeited and conservation land sales in Aitkin County. S.F. 1735, carried by Saxhaug, provides for tax-forfeited land private sales in Itasca County.
S.F. 2072, sponsored by Bakk, provides for the sale of surplus state land in St. Louis County. S.F. 2073, carried by Sen. LeRoy Stumpf (DFL-Thief River Falls), provides for the conveyance or sale of tax-forfeited land in Roseau County. S.F. 2184, sponsored by Sen. Gen Olson (R-Minnetrista), provides for the sale of tax-forfeited land in Hennepin County.
S.F. 2204, carried by Saxhaug, modifies provisions for the sale and disposition of surplus state lands, modifies state land management provisions and adds to state forests and wildlife management areas. S.F. 2205, also carried by Saxhaug, removes land from the George Washington State Forest.
All of the measures were amended into the subcommittee's omnibus land bill, S.F. 2205.
S.F. 1988, authored by Sen. Dennis Frederickson (R-New Ulm), provides for the conveyance of surplus state land in Redwood County. The measure was approved and advanced to the full committee.
S.F. 2163, carried by Sen. Jim Vickerman (DFL-Tracy), authorizes land additions to state parks and recreation areas. The bill was amended into S.F. 2164. The bill, also sponsored by Vickerman, modifies the requirements for state parks and recreation area fees and deposits. The amended measure was advanced to the full committee.
The bill, sponsored by Sen. Scott Dibble (DFL-Mpls.), spells out the details of the program, which requires the manufacturers to participate in a program, by Jan. 1, 2005, to remove, collect and recover mercury switches before crushing or shredding the motor vehicles. The program also specifies that manufacturers implement the plan using existing motor vehicle recycling infrastructure and provides for a $1 payment to vehicle recyclers for each mercury switch assembly or mercury pellet recovered from any motor vehicle. The measure also requires manufacturers to phase-out the use of mercury switches by Jan. 1, 2007. Dibble said the mercury switches are used in convenience lighting in vehicle trunks or under the hood. He said the bill aims to remove more mercury from the waste stream and protect the environment. Supporters of the measure said an estimated 280,000 vehicles are removed from service each year in Minnesota and that over the course of the next 15 to 20 years an estimated 4,800 to 8,100 pounds of mercury could be released into the atmosphere.
Opponents, including representatives of the Alliance of Automobile Manufacturers, said the measure is not needed and that voluntary recovery of the switches is working. Eric Hyland, representing the alliance, said manufacturers are committed to a shared responsibility of reducing mercury. A representative of the Ford Motor Company said the $1 payment is not needed and that switch collection succeeds if the salvage yard or recycler does not have to transport the switches, if there is little paperwork and if assistance is provided.
Members discussed the measure and decided to lay the bill over for further consideration.
In other action, the committee, chaired by Sen. John Marty (DFL-Roseville), advanced three additional bills. S.F. 2198, authored by Sen. Dallas Sams (DFL-Staples), establishes a facilities management account within the Dept. of Natural Resources and authorizes interdepartmental billing for services related to building and infrastructure facilities. S.F. 2199, also carried by Sams, modifies payment terms for Dept. of Natural Resources contracts and grants. Both measures were approved and re-referred to the Finance Committee. S.F. 2211, carried by Sen.Wesley Skoglund (DFL-Mpls.), modifies provisions for the control of invasive and non-native species. The measure also sets criminal and civil penalties for violations. The bill was approved and advanced to the Crime Prevention and Public Safety Committee.
S.F. 1663, authored by Sen. Thomas Bakk (DFL-Cook), exempts minors from the requirement of providing a Social Security number when applying for a game or fish license. S.F. 1733, authored by Sen. Bob Kierlin (R-Winona), modifies the nonresident license fee to take deer by archery for nonresidents from other states or provinces. Under the bill, the fee is the greater of the amount the person would pay in their state or province or $135. Both measures were advanced to the full Environment and Natural Resources Committee for consideration.
S.F. 1652, carried by Sen. Yvonne Prettner Solon (DFL-Duluth), provides for lead tackle awareness and education. The bill requires the commissioner of natural resources and the director of the Office of Environmental Assistance to provide public education regarding concerns about lead fishing tackle and promote the availability of nonlead tackle. In addition, the measure allows the Dept. of Natural Resources commissioner to coordinate and participate in efforts to promote national laws and educational programs regarding lead fishing tackle. Finally, the bill authorizes grants to conservation organizations and angler associations to assist in reducing the use of lead fishing tackle.
S.F. 1683, sponsored by Sen. Michael Jungbauer (R-East Bethel), prohibits the taking of white deer.
The latter two bills were approved by held in the subcommittee for inclusion in the omnibus bill.
S.F. 401, sponsored by Sen. Dallas Sams (DFL-Staples), proposes a constitutional amendment requiring the dedication of an amount equal to one-quarter of one percent of taxable value of items and uses subject to the state sales tax. Under the bill, the dedication begins July 1, 2005 and lasts 20 years. The proposal apportions the receipts to three new funds: a heritage enhancement fund, a parks and trails fund and a clean water fund. The bill puts on the November 2004 general election ballot a question on whether to approve the amendment. S.F. 401 also includes conforming changes in state law, including creating a heritage enhancement council to oversee the heritage enhancement fund. Members adopted an amendment, offered by Sen. Don Betzold (DFL-Fridley), requiring members of the council to consult with statewide-as well as local-fishing, hunting and wildlife groups.
Representatives of several environmental, conservation and hunting and fishing groups spoke in support of the measure.
The committee approved the appointment of former Sen. Gene Merriam as commissioner of the Dept. of Natural Resources. The panel also approved the appointments of Keith Langmo, Marcus Marsh and Chester Wilander to the Minnesota Pollution Control Agency Board.
Members also hear a presentation on the Legislative Commission on Minnesota Resources Citizens Advisory Committee's report on wildlife management acquisition.
One bill was also heard by the committee and advanced to the Finance Committee. The measure, S.F. 555, sponsored by Sen. Tom Saxhaug (DFL-Grand Rapids), allows two-way operation of snowmobiles on either side of a highway right-of-way when authorized by the commissioner of transportation. Under the bill, the commissioner must determine that two-way operation will not endanger users of the trunk highway or riders of the snowmobiles using the trail.
|
Please direct all
comments concerning issues or legislation to Comments
regarding this site: Questions? Comments?
|