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2007 Environment and Natural Resources updates
Update: April 15, 2008 12:45 p.m.
Members of the Environment and Natural Resources Committee and the Environment, Energy and Natural Resources Budget Division held a joint meeting with five panels from the other body, Tues., Apr. 15. The two Senate panels-chaired by Sen. Satveer Chaudhary (DFL-Fridley) and Sen. Ellen Anderson (DFL-St. Paul), respectively-and the other panels gathered for an informational hearing on a low-carbon fuel standard.
The Environment and Natural Resources Committee, chaired by Sen. Satveer Chaudhary (DFL-Fridley), met Tues., Apr. 8, to consider several appointments to the Environmental Quality Board. The panel approved the appointments of Julie Goehring, Susan McCarville and Dennis Wenzel to the board.
The Committee on Environment and Natural Resources approved the confirmation of one member of the Environmental Quality Board (EQB) and reviewed the board's activities in anticipation of more board confirmations, Wed., Apr. 2. The committee, chaired by Sen. Satveer Chaudhary (DFL-Fridley), also approved a bill to address the spread of bovine tuberculosis.
Interim director John Wells described the EQB as an interagency and citizen board made of nine commissioners, five citizens and a chairperson. The Board looks at issues that cross agency lines and need to be coordinated, said Wells. Other duties of the EQB include creating a state water plan due every ten years, a biannual water review, various projects and reports, and environmental review rulemaking. Chaudhary said it seemed they focus largely on water issues, and Wells said it has been recommended that they shift more effort into energy and environment.
Wells said a decrease in staff has limited the board's ability to look into the future.
EQB citizen member Jonathon Bloomberg, an environmental attorney and environmental law professor at the University of St. Thomas, introduced himself to the committee and described his role on the board. The committee moved that Bloomberg's confirmation be recommended.
The three other confirmation candidates were not able to make the meeting, and Chaudhary said he wanted to schedule another meeting to hear from them.
S.F. 3811, sponsored by Sen. Rod Skoe (DFL-Clearbrook), directs the Dept. of Natural Resources' efforts to manage bovine tuberculosis. The bill restricts wildlife feeding within a 30 mile radius of an infected cattle herd. The bill also allows the DNR to establish wildlife disease management zones, where feed accessible to deer and elk must not be distributed. Certain exceptions are made for regular agricultural practices. The bill was amended to ban distribution of salts and mineral licks in these zones. An amendment was approved removing a $500 penalty for feeding within a tuberculosis management zone. Penalties were kept barring violators from obtaining a hunting license for two years after a conviction.
Skoe said there is an invasive provision in the bill allowing the DNR to enter private property without permission to thin wild deer herds. Skoe called this provision a "last resort" meant to address uncooperative land owners.
The Committee on Environment and Natural Resources, chaired by Sen. Satveer Chaudhary (DFL-Fridley) reviewed five bills, and approved the omnibus environment policy bill, Fri., Mar. 14.
S.F. 2811, sponsored by Sen. Ann Lynch (DFL-Rochester), makes changes to the Permanent School Trust Fund Advisory Committee, which has oversight of the trust lands. The bill is in response to a 1998 auditor's report concluding the state needs to pay more attention to school trust obligations, said Lynch. The bill changes the makeup of the committee to include individuals with expertise in forestry, minerals and mining, real estate development, renewable energy, finance and land management. The committee is directed to provide an annual report with recommendations on improving efficiency and maximizing the long term economic return of the lands.
The bill was approved and re-referred to the Committee on Rules.
Sen. Mary Olson (DFL-Bemidji) sponsored S.F. 3243, requesting $35,000 to stock 25 million walleye fry in Leech Lake. Olson said that a fishery collapse in the early 2000s has devastated the resort and tourism industry in Walker. A stocking effort in 2005 was wildly successful, but not enough, said Olson. Larry Anderson of the Leach Lake Fishery Taskforce said that stocking efforts have been light compared to other lakes, and data indicates that reproduction rates have been low.
DNR biologist Dick Sternberg said that the DNR wants to give reproduction a chance to sustain the population, and is surprised it has not done so. The department is finishing up a study on a potential egg predator this summer, he said. The bill was approved and re-referred to the Finance Committee.
S.F. 3576, sponsored by Sen. Ann Rest (DFL-New Hope), provides for viral hemorrhagic septicemia control. The bill regulates permits and transportation of aquatic life that may spread the disease and establishes conditions for the buying and selling of fish to prevent or slow the spread of the disease. Chaudhary said that he, the DNR and a representative from the bait industry had discussed the bill and allayed bait industry concerns. The bill was approved and re-referred to the State and Local Government Operations and Oversight Committee.
S.F. 3690, sponsored by Chaudhary, provides a 150 foot setback for construction adjacent to a wildlife management area. The bill was amended to address concerns expressed in previous committee testimony by preventing soil grade or preexisting vegetation from being altered within 50 feet of the area, rather than 100 feet. An amendment was also passed to exempt agriculture land from the 50 foot provision. Anoka County still opposed the bill. The League of Minnesota Cities said the amended bill was less problematic.
A section also exempts wildlife management areas from local restrictions on hunting, dogs, and noise. The bill was laid over for further work.
S.F. 3621 makes changes to walleye size limits and the fishing opener date. Bill sponsor Chaudhary said the "let my people fish bill" changes the fishing opener date from two weeks before Memorial Day, i.e. Mother's Day in many years, to the Saturday nearest May 8. The current date causes unnecessary family conflict, said Chaudhary. With spring arriving earlier, and fall lasting longer, moving the date will lengthen the season to benefit tourism and encourage more female and male anglers to participate, said Chaudhary. The bill also says anglers must release walleye smaller than 14 inches, which standardizes rules across the state, and requires the release of spawning size walleye in the first week.
A representative of the small resort industry said resorts barely have time to prepare for the current opener, and moving the opener just extends dead time between the opener and Memorial Day weekend.
Bob Meier of the DNR said that over a 20 year period, the May 8 date would actually increase the number of Mother's Day conflicts from 14 to 15 overlaps. The DNR is also concerned about interfering with the breeding season.
Chaudhary requested that in exchange for laying the bill on the table, the committee allow Chaudhary to offer an amended bill as an amendment to the omnibus bill later in the process.
The committee constructed and passed the omnibus environment policy bill, S.F. 3885, which includes the environmental policy, natural resources, game and fish, and land articles. Most of the controversial bills heard over the session are traveling separate from the omnibus bill, including the cap and trade proposal, said Chaudhary. A provision that prohibits a wood biomass plant in Minneapolis, S.F. 3393, is included in the bill but was amended.
Sen. Rod Skoe (DFL-Clearbrook) initiated a discussion on expanding a deer feeding ban to address the spread of bovine tuberculosis. An amendment was passed to expand the ban from 15 miles to 30 miles of a cattle herd.
An amendment prohibiting issuance of additional aquatic farm licenses on certain bodies of water was agreed to by the committee. Sen. Dan Skogen (DFL-Hewitt) said that bait farmers in his district were no longer threatened by the proposal.
The committee adopted language from the other body prohibiting construction debris from being used as cover material at disposal facilities, except under certain specific conditions and procedures.
Former Sen. Bob Lessard spoke in favor of an amendment to put a citizen's council in charge of a natural heritage fund that would be established if the environment and arts legacy proposal passes in the next election. The amendment was not adopted.
The language of S.F. 3690, addressing wildlife management area set-offs, was removed by the committee. However, the committee reconsidered the deletion later in the meeting and voted to keep language allowing the DNR to purchase land adjacent to the Carlos Avery and Lamprey Pass Wildlife Management Areas located in the city of Columbus.
The game and fish article was amended to allow bear and turkey to be taken by crossbow. A law passed last year allows crossbows during the deer firearms season.
A moose biologist will be designated to study the declining moose population in northwestern Minnesota by an amendment that was also approved.
The committee okayed an amendment, by Sen. Scott Dibble (DFL-Mpls.), requiring the Minnesota Pollution Control Agency to report changes regarding underground petroleum tanks to community leaders and Legislators within 30 days.
The committee approved an amendment addressing the proposed Minneapolis biomass plant. The new language, offered by Kandiyohi Development Partners, allows permitting of the plant under the conditions that they hire at least 35 percent of permanent employees from the Little Earth community, all diesel trucks bringing fuel to the site are equipped with advanced emission filters, and actual emission levels are reported to the neighborhood on a quarterly basis. An additional amendment was adopted that bans the burning of refuse-derived fuel at the site.
The land article was the last to be considered. One amendment passed, deleting language capping a lease rate for a ski area on Gull Lake at two percent. Other language was kept to limit the lease adjustment in future years to the rate of inflation.
The articles were incorporated into S.F. 3885, approved, and re-referred to the Finance Committee.
The Environment and Natural Resources Committee, chaired by Sen. Satveer Chaudhary (DFL-Fridley), met Wed., Mar. 12, to continue discussion on a bill requiring Minnesota to adopt California vehicle emission standards.
S.F. 481, sponsored by Sen. John Marty (DFL-Roseville), also provides for updates to the standards as necessary to comply with the federal Clean Air Act. Marty offered an amendment clarifying that if the California standards expand to include other types of vehicles, Minnesota would not follow suit. The amendment was adopted. Marty said by adopting the standards, the transportation sector will begin doing its part in reducing the emission of greenhouse gases. The bill will also benefit consumers because low emission vehicles are more efficient and less costly to operate, he said. Sen. LeRoy Stumpf (DFL-Plummer) said there are many unanswered questions, particularly because of the types of vehicles used in Minnesota. He said he was uncomfortable adopting another state's standards. "Many of these environmental issues need to be worked on at a much larger scale, rather than individual states," Stumpf said. Sen. Bill Ingebrigtsen (R-Alexandria) said, "The bill is over-reaching, particularly in regard to ethanol production in the state." Sen. Scott Dibble (DFL-Mpls.) moved that the bill be referred to the State and Local Government Operations and Oversight Committee without recommendation. The motion was approved on a 6-5 roll call vote.
Members also discussed a bill relating to the size of docks on Minnesota lakes. S.F. 3237, authored by Sen. Mary Olson (DFL-Bemidji), requires the commissioner of natural resources to update rules on structures allowed in public waters and permit requirements for those structures. Members adopted an amendment specifying that the rulemaking process be done at the same time as the shoreland standards rulemaking process. Olson said the issue arose over the construction of large platforms on docks. She said, historically lakes are considered public waters for everyone's use, but many people are concerned about the building of large "party platforms." She said the DNR authorized the large structures in a January statement. Olson said individuals on both sides are passionate about the issue. Lakeshore owners feel they should be able to do what they want with their property, but others cite the public use of Minnesota lakes, she said.
Dann Siems, aquatic biologist, Beltrami Soil and Water Conservation District, said it is very important to have clear rules. He said the current practice of allowing oversize structures ignores the science behind preserving lakeshores. Siems said there is ambiguity about the current rules. Ecological integrity and public accessibility are two issues that must be considered, Siems said. Sam Stern, representing Protect Lakes, said lakeshore property owners do not want rules to deny the use and enjoyment of their own property.
Kent Lokkesmoe, Dept. of Natural Resources, said the department is struggling with the balance between lakeshore owner rights and the protection of lakes.
Members approved the measure and advanced the bill to the State and Local Government Operations and Oversight Committee.
In other action, the committee considered a variety of bills. S.F. 3550, sponsored by Sen. Rod Skoe (DFL-Clearbrook), makes a number of changes to provisions relating to wild rice. Skoe said the bill changes the name of natural wild rice to lake and river wild rice. He said the bill is the first step in making changes to protect wild rice in Minnesota. The bill was laid over for possible inclusion in the omnibus policy bill. Skoe also sponsored S.F. 3061. The bill streamlines current practice relating to cost recovery and reimbursements from the Petrofund program, Skoe said. Another portion of the bill provides for reimbursement of up to $400 to replace PVC pipe with metal pipes in residences that use heating oil. Skoe said some residences have PVC pipes instead of metal pipes, which are subject to leaks and failure. The bill was approved and advanced to the Commerce and Consumer Protection Committee.
Stumpf sponsored a bill, S.F. 3428, reinstating an exemption from the Wetland Conservation Act for an approved development. Stumpf said the development, near Warroad, had been exempted, but last year exemptions were repealed. Members laid the bill over for consideration at a later time.
Members reconvened for an evening hearing to consider several additional bills. The committee also heard presentations on Aquaculture and a Minnesota Fishing Hall of Fame.
Chaudhary sponsored a number of the bills. S.F. 3580 modifies toxic chemical release reporting requirements. Steve Giddings, Pollution Control Agency, said the bill restored thresholds to 2006 levels. The measure was laid over for inclusion in the omnibus bill. S.F. 3690 prohibit local restrictions of wildlife management areas, creates buffer areas for development and exempts certain areas from county approval requirements. Members heard extensive testimony on the issue before laying the bill over for further consideration.
S.F. 3666 establishes a walleye fishing stamp for the purpose of increased walleye stocking. Chaudhary said purchasing the stamp, for a $5 fee, would be voluntary under the bill. The measure was approved and re-referred to the Finance Committee. S.F. 3385 is the Dept. of Natural Resources technical bill. The measure deletes the word monuments from provisions relating to state parks and state recreation areas, changes the name Interstate Park to Interstate State Park, clarifies the subject of citizen oversight subcommittees and repeals obsolete provisions. Chaudhary said the measure will be the vehicle for the omnibus bill.
S.F. 3576, authored by Sen. Ann Rest (DFL-New Hope), establishes controls to prevent the spread of viral hemorrhagic septicemia to fish in Minnesota and sets forth procedures to deal with the disease should Minnesota waters become contaminated with the disease. The measure authorizes the commissioner of natural resources to promulgate rules to establish reasonable conditions on the buying and selling of fish that would prevent or slow the spread of certifiable diseases and invasive species. The bill was laid over for further discussion.
The Committee on Environment and Natural Resources, chaired by Sen. Satveer Chaudhary (DFL-Fridley), considered six bills throughout the meeting Mon., Mar. 10, including a bill proposing looser requirements for ethanol plant expansion requirements.
S.F. 3365, sponsored by Sen. Gary Kubly (DFL-Granite Falls), transfers land from the Department of Natural Resources to Chippewa County. Three tax forfeited properties would be transferred for inclusion in a regional park, according to Scott Williams, Chippewa zoning commissioner. The bill was laid over for possible inclusion in the omnibus lands bill.
Sen. Linda Berglin (DFL-Mpls.) authored S.F. 3393 in response to a proposed wood burning biomass plant, Midtown Eco Energy, to be constructed in the Minneapolis East Phillips neighborhood. The bill requires a cumulative assessment of past and current pollution from all sources before granting a permit to a facility that would emit pollution in the same geographic area.
The neighborhood is already an arsenic superfund site, and surrounded by heavy traffic and industrial pollutants, said Berglin, and this project would bring more pollutants that are not present in the atmosphere there today. Ian Grieves, occupational environmental medicine specialist, said that minority and economically disadvantaged populations should not bear a disproportionate share of environmental risk.
Testifiers from the neighborhood said that the health of the community's children is already at risk, citing high asthma rates. Carol Pass of the East Phillips Neighborhood Improvement Association, J. Thomas Badheart Bull and Bill Zeigler of the Little Earth housing complex said that the Minnesota Pollution Control Agency's (MPCA) technical support document revealing the plant's pollution potential was not released until after permitting was already underway. Many neighborhood and environmental groups have taken away their support in light of the information, explained Pass.
Kim Havey of Kandiyohi Development Partners, which is developing Midtown Eco Energy, said that renewable energy projects are the future, and that the panel should not create hurdles for renewable energy and economic development in the state. Libby Henderson, the environmental consultant engineer, said the proposed unit is state-of-the-art, and has the best controls possible.
Another representative of the project said local energy production would create more efficient distribution of energy. The project is considered carbon neutral and meets all current MCPA permitting standards, he said.
Sen. Dennis Frederickson (R- New Ulm) offered an amendment to allow for renewal of existing permits without the review, which was approved by the committee. David Thornton, assistant commissioner of the MPCA, said that the environmental assessment is still underway, including a cumulative assessment of emissions in the area, an environmental assessment worksheet and possibly an environmental impact study.
The bill was laid over for possible inclusion in the omnibus environment bill.
Sen. Tom Saxhaug (DFL-Grand Rapids) sponsored S.F. 2651, the product of the forest land consolidation working group held over the interim. The bill provides three more additions to a "toolbox" being developed to address forest fragmentation, said Saxhaug. The bill establishes the Forests for the Future Program to protect private working forest lands, including a revolving loan fund for purchase of land to implement easements before reselling into the private sector; expedition of land exchanges intended to aid swaps between the Boise Cascade Paper Company and the state; and a $50,000 grant to fund the Forest Fragmentation Study.
The bill was approved and re-referred to the Committee on State and Local Government Operations and Oversight.
A second Saxhaug proposal, S.F. 2976, modifies requirements for alternative recording for state forest roads. The bill defines a state forest road map as one adopted by the commissioner, and ensures that the map is compliant with county recorder standards. The bill also outlines an appeal process for property owners directly affected by a proposed map designation. The bill was laid over for possible inclusion in the omnibus environment and natural resources bill.
S.F. 2985, sponsored by Sen. Dan Skogen (DFL-Hewitt), is the DNR lands bill. The bill makes technical changes, adds and subtracts recreation areas, parks and forest lands, modifies a critical habitat private sector matching account, provides for the sale and exchange of various land parcels, and expands the outdoor recreation system state aquatic management areas.
An amendment was added to designate a Northern Minnesota veteran's cemetery in Jay Cook State Park. About 46,000 veterans live within a 75 mile radius of Duluth, according to Cortland Nelson of the DNR. The amendment puts the state in good position to receive a federal grant for the project, said Nelson, in addition to encouraging state park visitation. The committee also approved an amendment to modify the rate of increase on a lease held by a non-profit on Gull Lake.
The bill was laid over for possible inclusion in the omnibus environment and natural resources bill.
S.F. 2757, sponsored by Sen. Kathy Sheran (DFL-Mankato) provides that an environmental impact statement (EIS) is not required for expansion on an existing permitted ethanol plant that expands by no more than 60 million gallons per year, uses three gallons of water or less to produce one gallon of ethanol, and is located outside the Metropolitan Area. Peder Larson, representing Heartland Corn Products, said an EIS is an odd request for a production increase on a facility that has been operating in compliance. The expansion would still trigger an environmental assessment worksheet, and the MPCA could still request an EIS, according to a committee analyst.
By requiring expanding plants across the state to submit an EIS, authorities and communities can gather information on greenhouse gas emissions and water depletion, said Jeff Broberg, a geologist. It's a protective factor for the community and investors who want to identify potential water depletion and the sustainability of a water supply, he said.
Myrna Halbach of the MPCA answered questions about water depletion policy and permitting that affects ethanol plants, in addition to the rule making process.
Chaudhary said he was not comfortable moving the bill without further discussion, and the bill was laid over for further discussion.
The Committee on Environment and Natural Resources, chaired by Sen. Satveer Chaudhary (DFL-Fridley), considered five bills, Fri., Mar. 7, spending the majority of its time discussing the establishment of a new state park.
S.F. 3076, sponsored by Sen. Thomas Bakk (DFL-Cook), establishes a Lake Vermillion State Park in St. Louis County, adjacent to Soudan Underground Mine State Park. The county has a rare one-year window to purchase five miles of shoreline and 3,000 acres from U.S. Steel, said Bakk. That year expires in July, he said.
The bill requires the sale of state land to offset the loss of private taxable land in the county. The bill also offsets loss of school trust land from the sale of public parcels and makes the park school trust land to generate revenue from the trust.
Keith Nelson, St. Louis County commissioner, said that while the proposed purchase price is $10-20 million, the value is closer to $50 million for the land alone. The land is potentially 30 percent of the property value of the township, and the county supports the provision requiring the property tax base to be held constant through sale of other public land parcels, said Nelson.
County Commissioner Mike Forsman said that 300,000 visitors have been projected to visit the park per year, and the county would need to develop proper sewers and other infrastructure to accommodate them.
The process is already underway to establish a price for the sale so the Legislature can take action, according to Bob Meier of the DNR.
Stakeholders must consider whether it is wise to create another park when existing state parks are facing maintenance and funding issues, said Bakk.
The bill was approved and re-referred to the Finance Committee.
Non-residents are authorized to spear fish from darkhouses under S.F. 3339, sponsored by Sen. Joe Gimse (R-Willmar). Non-residents may not apply for permits under current law. A representative of the DNR suggested that the bill would provide a modest increase in license fees collected by the DNR. The bill was approved and sent to the Committee on Finance.
S.F. 2978 states that anyone maintaining a campfire must follow the same precautions required of a person who starts a campfire. The bill is intended to hold small groups accountable for losing control of a campfire they are tending, explained bill author Sen. Tom Saxhaug (DFL-Grand Rapids). The bill was laid over for possible inclusion in the omnibus policy bill.
Saxhaug also presented S.F. 2648, providing a wetland bank credit for certain state held conservation easements. In counties with 80 percent or more of pre-settlement wetlands, owners of wetlands facing imminent development could receive credits for preserving the land through conservation easement, explained John Jaschke of the Board of Water and Soil Resources. The bill was laid over for possible inclusion in the omnibus policy bill.
S.F. 3555, sponsored by Sen. Julie Rosen (R-Fairmont) allows the county of Watonwan to appoint interim county soil and water conservation board members to replace the entirety of the board that quit, leaving the board empty. The interim members would fill the remainder of the staggered terms until regular elections. By avoiding a special election, the county will save $15,000, said Rosen. The bill was approved and re-referred to the State and Local Government Operations and Oversight Committee.
Two bills dealing with forestry were heard at the Thurs., Mar. 6, meeting of the Environment and Natural Resources Subcommittee on Forestry. Chair Tom Saxhaug (DFL-Grand Rapids) sponsored both bills.
S.F. 2976 modifies requirements for alternative recording for state forest roads. Under the bill, the commissioner may adopt a state forest road map after a public hearing is held. The map must show state forest roads at the time the map is adopted, be prepared at a scale compliant with county recorder standards, include section numbers and include a list of legal descriptions of all parcels crossed by state forest road prescriptive easements. The bill also spells out the procedure for making appeals.
S.F. 2651 creates a Minnesota forests for the future program, establishes a revolving account, provides for expedited exchanges of public land and modifies the sustainable forest incentive program.
Both measures were advanced to the full Environment and Natural Resources Committee.
Among the bills considered by members of the Environment and Natural Resources Committee, Wed., Mar. 5, was a measure creating a council to oversee a portion of the sales tax proceeds from a proposed constitutional tax increase and dedication for natural and cultural resources. The bill, carried by Chair Satveer Chaudhary (DFL-Fridley), was approved.
S.F. 3488 creates an outdoor heritage fund to receive part of the dedicated tax revenue. The Lessard-Heritage Enhancement Council, under the bill, is to be composed of six Legislators and ten public members, including at least four women and one member of an ethnic minority. The bill requires the council to propose, with the support of at least 11 of its members, a biennial budget plan for spending from the outdoor heritage fund. Chaudhary said the proposal adopts a structure similar to that of the Legislative-Citizen Commission on Minnesota Resources. People want clarity and transparency said former Sen. Bob Lessard. It is important to have a council like this so that sportspersons, and citizens in general, can see where the money is going, he said. Members adopted an amendment, offered by Sen. Tom Saxhaug (DFL-Grand Rapids), requiring entities appointing members of the council to consider geographic diversity when making their appointments. The bill was re-referred to the State and Local Government Operations and Oversight Committee.
Committee members heard four additional bills. S.F. 3425, sponsored by Chaudhary, is the omnibus game and fish policy bill, containing recommendations from the Dept. of Natural Resources. Among other things, the bill clarifies that any shelter left on the ice must be licensed, standardizes the minimum hunting age for moose, deer and elk hunting, permits archery hunters of non-deer big game to carry a firearm, and establishes a statewide limit of four walleye daily and in possession. The bill was advanced to the State and Local Government Operations and Oversight Committee.
Sen. David Senjem (R-Rochester) carried a bill, S.F. 3057, modifying restrictions on the practice of shining artificial lights to spot, locate or take wild animals. The bill completely prohibits shining when a person is carrying a firearm or bow. For unarmed persons, the bill prohibits shining on highways and in fields, woodlands or forests from one hour after sunset until sunrise; on fenced, agricultural land; and on residential property from a moving motor vehicle. The bill sets forth exceptions for taking raccoons, hunting fox or coyote, carrying out safety activities and engaging in outdoor recreation that does not involve spotting, locating or taking a wild animal. The measure was laid over for possible inclusion in an omnibus environmental policy bill.
S.F. 2877, authored by Sen. Pat Pariseau (R-Farmington), modifies the restricted hours for raccoon hunting. Under current law, the restrictions apply from sunset to sunrise; the bill applies the restrictions from a half hour after sunset to a half hour before sunrise. The proposal was laid over for possible inclusion in the omnibus policy bill. S.F. 3246, sponsored by Sen. Dennis Frederickson (R-New Ulm), permits the DNR to issue administrative penalty orders to address violations of water program laws. Frederickson said administrative penalty orders are an additional enforcement mechanism for dealing with violators. The bill was forwarded to the Judiciary Committee.
Bills relating to game and fish and the licensing of individual sewage treatment system professions occupied the members of the Environment and Natural Resources Committee at their Tues., Mar. 4, meeting.
Sen. Satveer Chaudhary (DFL-Fridley), committee chair, sponsored S.F. 3425. The bill makes a number of changes to provisions relating to game and fish. The measure modifies report requirements for the game and fish fund, changes the disposition of the pheasant habitat improvement account, modifies the wild turkey management account, changes hunting and fishing licensing and taking provisions and authorizes rulemaking. The measure was laid over because of time constraints.
Sen. Dan Sparks (DFL-Austin) sponsored a bill, S.F. 3386, modifying the licensing requirements for individual sewage treatment system professionals. The bill was laid over for possible inclusion in the panel's omnibus bill.
A ban on the hunting of mourning doves was one of three measures heard by members of the Environment and Natural Resources Committee, Mon., Mar. 3. The panel, chaired by Sen. Satveer Chaudhary (DFL-Fridley), laid the measure over for possible inclusion in an omnibus environmental policy bill.
S.F. 2329, sponsored by Sen. Scott Dibble (DFL-Mpls.), essentially repeals the 2004 authorization for mourning dove hunting. The bill strikes mourning doves from the statutory list of game birds and prohibits the taking of mourning doves. Mourning doves are small songbirds that are not hunted for the traditional reasons game birds are hunted, Dibble said. He said there is no wildlife management reason to hunt mourning doves. He noted that mourning doves are monogamous and often mate for life. If one member of the mating pair is killed, the other is unlikely to re-mate and continue breeding, Dibble said.
Representatives of several animal rights and environmental organizations spoke in favor of the bill. Mourning doves are small and yield only about two ounces of edible meat per bird, said Susan Brunnels, Midwest Avian Adoption and Rescue Services. She noted that mourning doves are erratic flyers, making them difficult to hit and kill. It is possible that aggressive mourning dove hunting could drive the species to extinction, she said. John Arthur, Minneapolis chapter of the Audubon Society, said the organization once supported mourning dove hunting, but has now reversed its position. Hunting mourning doves seems to be approached as little more than target practice by some hunters, Arthur said. If hunters need something to shoot at, they have other options, he said, including clay pigeons and numerous other game birds. When mourning dove hunting was legalized, we were told there would be 50,000 hunters in three years, said Howard Goldman of the Humane Society. We have seen at most 15,000 hunters, he said, meaning "this is an experiment that has failed." Goldman noted that mourning dove hunting has broader environmental effects, including an increase in the discharge of toxic lead.
Chaudhary noted that many other game birds are also hunted with lead shot. Sen. Tom Saxhaug (DFL-Grand Rapids) countered the small-yield argument by noting that sunfish also yield only a couple ounces of meat, but the state permits anglers to take them.
Representatives of several outdoors and sport-hunting organizations spoke in opposition to the bill. Hunters and anglers are self-regulating groups, said Gary Leaf, Sportsmen for Change. The conservation groups in the private sector are very much in tune with the species they monitor, he said. Leaf noted that many game species were in dire straits until hunters took up their causes and encouraged responsible practices, reviving the species. It is insulting to compare mourning dove hunting to target practice, he said. The bulk of a hunter's time is spent looking at nothing, waiting for an animal or bird to appear, Leaf said. Hunting mourning doves is not easy, he said. As long as the science continues to support mourning dove hunting, he said, the hunt should be permitted. If the science indicates that hunting is harming the species, then hunters will come forward to protect the species, Leaf said.
Ed Boggess, deputy director of the Fish and Wildlife Division, said the DNR supports continuing the mourning dove hunt. The mourning dove is the most abundant game bird species in the United States, he said. The Minnesota hunting season is set under a federal framework and the mourning dove population is monitored annually, he said.
Members also considered a bill, S.F. 2451, prohibiting the use of construction debris as cover material at landfills. Chief Author James Metzen (DFL-South St. Paul) said the debris can contribute to the creation of hydrogen sulfide gas, leading to serious environmental and health problems. However, Leo Raudys of the Pollution Control Agency said the use of construction debris is tightly controlled. It has been used at an industrial landfill in Buffalo for about 18 months, he said, and monthly inspections have indicated no problems. The bill was laid over for possible inclusion in the omnibus environmental policy bill.
S.F. 2800, authored by Sen. Ellen Anderson (DFL-St. Paul), requires store chains and individual stores of more than 5,000 square feet of retail or wholesale space to operate an in-store plastic bag recycling program. Anderson noted that Minnesotans use 2.6 billion plastic bags every year. Susan Hubbard, Eureka Recycling, discussed the environmental impact of plastic bags and the need for recycling. Plastic bags, like all plastics, do not biodegrade, she said, and will be with us for thousands of years to come. Jamie Pfuhl, Minnesota Grocers Association, noted that many retailers already offer recycling. She said the focus should shift away from a mandate and toward consumer education. At Anderson's request, members deleted rulemaking and penalty provisions before advancing the bill to the Commerce and Consumer Protection Committee.
Sen. Mary Olson (DFL-Bemidji) carried S.F. 2943, which provides for designating Star Lakes or Rivers. Under the bill, a lake association may apply for designation as a star lake or river if it develops and updates a comprehensive management plan, maintains a membership or participation of at least half the private shoreland owners, participates in the PCA citizen water quality monitoring program, and meets at least annually with DNR staff regarding the comprehensive management plan. The bill also creates a star lake board and permits the erection of star lake or river signs. The measure was advanced to the State and Local Government Operations and Oversight Committee. S.F. 3056, carried by Sen. Dennis Frederickson (R-New Ulm), requires proceeds from the sale of DNR administrative sites to be used to acquire facilities or renovate existing buildings for administrative use, or to acquire land for, design and construct DNR administrative buildings. The bill was approved and re-referred to the Finance Committee.
Two additional bills were laid over for possible inclusion in an omnibus environmental policy bill. S.F. 2404, sponsored by Sen. Gary Kubly (DFL-Granite Falls), provides for the issuance of an annual state park permit at no charge to veterans with total and permanent service-connected disabilities. S.F. 3014, authored by Sen. Kathy Sheran (DFL-Mankato), modifies the restriction on firearms that can be carried in deer zones.
The Environment and Natural Resources Subcommittee on Public Lands and Waters, chaired by Sen. Dan Skogen (DFL-Hewitt), met Thurs., Feb 28, to hear a series of bills authorizing the sale of tax-forfeited lands.
Members advanced one measure to the Environment and Natural Resources Subcommittee on Forestry. S.F. 2651, authored by Sen. Tom Saxhaug (DFL-Grand Rapids), provides for expedited exchanges of public land involving the state and governmental subdivisions of the state. Saxhaug said consolidation of public land reduces management costs and aids in the reduction of forest fragmentation.
S.F. 2985, carried by Skogen, makes additions and deletions to various state parks, recreation areas and forest lands. In addition, the bill modifies the critical habitat private sector matching account and includes state aquatic management areas in the outdoor recreation system.
S.F. 2650, carried by Saxhaug, provides for the disposition of lease proceeds and authorizes the sale of tax-forfeited land in Itasca County. S.F. 2665 and S.F. 2666, sponsored by Sen. Ray Vandeveer (R-Forest Lake), authorize the sale and conveyance of tax-forfeited land in Washington County. S.F. 2802, authored by Skogen, provides for the sale of tax-forfeited land in Otter Tail County. Sen. LeRoy Stumpf (DFL-Plummer) sponsored a bill, S.F. 3060, authorizing the sale of land in Marshall County. S.F. 3086, carried by Sen. Thomas Bakk (DFL-Cook), provides for the sale of tax-forfeited land in St. Louis County. S.F. 3095, authored by Sen. James Metzen (DFL-South St. Paul), provides for the sale of tax-forfeited land in Dakota County. Saxhaug carried a bill, S.F. 2977, providing for the expedited exchange of public land procedures and modifying the procedures for wetlands for wildlife acquisition.
S.F. 3233, sponsored by Sen. Gen Olson (R-Minnetrista), provides for the sale of land in the city of Wayzata. A proposal, sponsored by Sen. Rod Skoe (DFL-Clearbrook), provides for a land sale in Clearwater. Finally, the panel considered S.F. 2687. The bill, carried by Sen. David Tomassoni (DFL-Chisholm), authorizes St. Louis County to enter a 30-year lease of tax-forfeited land for a wind energy community-based energy development project. The measure also authorizes the commissioner of natural resources to enter a 30-year lease of school trust land for the same project.
All of the above bills were amended onto S.F. 2985, which was approved and advanced to the full Environment and Natural Resources Committee
The Committee on Environment and Natural Resources heard testimony on the cap and trade program for greenhouse gas emissions Wed., Feb. 27. Sen. Ellen Anderson (DFL-St. Paul) introduced the Green Solutions Act, S.F. 2818, which she described as a market-based approach to limiting greenhouse gas emissions. The goals of a program are to advance the transition to a low greenhouse gas emitting economy in a manner that maximizes public benefit and minimizes public costs, said Anderson.
Committee Chair Satveer Chaudhary (DFL-Fridley) emphasized that the bill would receive many more hearings, and the focus of the committee was to determine if a system would have a positive impact on Minnesota's environment.
The bill asserts that the Legislature finds a cap and trade program instrumental to reducing green house gas emissions in a cost effective manner, and sets reduction goals at 15 percent of 2005 levels by 2015, 30 percent by 2025, and 80 percent by 2050. The bill requires the state to implement a cap and trade program for the industries of electricity generation, large industrial facilities, transportation fuels, natural gas for heating, and landfills. The commissioner of commerce has discretion to add to that list under certain criteria.
Allowances for greenhouse gas emissions, also known as permits, must be distributed to individual facilities through an auction system, in other words, there would be no free allotments under current language, explained Anderson. This point was contested by many energy and industry representatives during testimony, in favor of a gradual shift to 100 percent auctioning, or a mix of the two systems. J. Drake Hamilton of Fresh Energy said that the bill creates an economic incentive for carbon reductions.
Proceeds from the auctions would be deposited into a climate trust fund. Expenditures from the fund must support the bill's goals, and could be used for consumer dividends, grants, incentives and financial aid for consumers and businesses to support energy efficiency, and investments for public infrastructure and worker training and retraining. The fund could also provide financial support to study and implement terrestrial carbon sequestration.
The governor is directed to incorporate these principles in development of a regional cap and trade system already in the works, the Midwest Greenhouse Gas Accord. Edward Garvey of the Minnesota Office of Energy Security said that passing a state cap and trade program constrains negotiations with other states in development of a regional system. Chaudhary suggested that it may strengthen Minnesota's position.
The bill also prescribes three studies. The first directs the commissioner of commerce and the commissioner of pollution control to report to the Legislature on the status of the Midwest Greenhouse Gas Accord by Dec. 1, 2008. The second report would analyze how decisions on expenditures from the climate trust fund may be made.
The third study addresses the economic impact of cap and trade implementation, including rate changes, measures of the degree to which fund expenditures and reduction actions reduce economic impact and achieve cuts in greenhouse gas emissions, and analysis of ways to avoid putting Minnesota industries at a competitive disadvantage with competitors outside of a cap and trade system.
Committee member LeRoy Stumpf (DFL-Plummer) made a motion in support of advancing the economic impact study without the bill's recommendations. Testifiers including Bob Schulte of Central Minnesota Municipal Power Agency and Mike Robertson of the Minnesota Chamber of Commerce supported taking no action until a study had been completed.
The majority of testifiers opposed to the bill emphasized that while they do not oppose a cap and trade system, they would rather see it implemented on the federal level first, and the regional level failing a federal program.
Anderson emphasized that she is interested in working with all stakeholders to reach a compromise and improve the bill. The committee supported Anderson's motion to re-refer the bill without recommendation to the Energy, Utilities, Technology and Communication Committee.
A bill, S.F. 481, requiring the adoption of California standards regarding low-emission vehicles was the sole focus of the Mon., Feb. 25, meeting of the Environment and Natural Resources Committee. Chair Satveer Chaudhary (DFL-Fridley) said he wanted the committee to hear the explanation of the bill and hear as much testimony as possible at the meeting. He said the bill would then lie over until a later hearing.
Sen. John Marty (DFL-Roseville) said the bill deals with the global warming problem in a way that fits nicely with legislation adopted last year. "Greenhouses gases emitted from the transportation segment are a large portion of the overall problem, and if not addressed will place even more pressure on other segments of the economy," Marty said.
He said California has tougher emission standards because the standards were enacted before federal standards. States may adopt either California or federal standards, Marty said. He said twelve other states have adopted the California standards. "We would be taking a big step forward in reducing greenhouse gases," Marty said, "It costs a bit more, averaging $7 per month, but with gasoline at $3 per gallon, there is a net savings because cars are more efficient."
Marty said the bill will also encourage the use of E85 vehicles. "Last year, we pushed the utilities forward, it is important we take the necessary steps in transportation," he said.
Jim Erkel, Center for Environmental Advocacy, spoke in support of the measure. He said the standards are set so that all models of vehicles will be able to meet the required levels and that major technological changes will not be needed. Molly Schultz, Conservation Minnesota, said in a study done last fall, 80 percent of the state's population support adoption of the California standards. "We found strong support across demographic groups and party affilitations," Schultz said. Minnesotans know automakers are dragging their heels in developing more efficient cars, she said.
David Thornton, assistant commissioner, Minnesota Pollution Control Agency, said currently, Minnesota meets all federal air quality standards.
Scott Lambert, Minnesota Auto Dealers Association, spoke in opposition to the bill. He said the dealers are concerned about the fuel economy standards. "It is a matter of inventory; we want to have the vehicles consumers want," Lambert said. He said the California standards go too far, too fast. "The federal standards push the industry, the California standards push the industry over the cliff," Lambert said. He said enacting the bill would mean people would drive older vehicles longer causing more emissions, and it would mean Minnesota would abdicate air quality standards to an unelected board in California.
Eric Hyland and Laura Dooley, representing the Alliance of Automotive Manufacturers, also spoke in opposition to the bill. Dooley said automotive manufacturers share the goal of reducing greenhouse gases, but do not believe a patchwork of standards is the way to reach that goal. She said the standards are too aggressive and will lead to prohibitions on the sale of light trucks and SUVs in the marketplace and discourage the use of ethanol fuels.
Roger Moore, president, Minnesota Corn Growers Association, said corn growers are committed to alternative energy sources. He said, though, that the corn growers are concerned about unintended consequences that might come about under the bill, particularly regarding renewable fuels.
A measure regulating the discharge and exchange of ballast water in Lake Superior was considered by members of the Environment and Natural Resources Committee, Wed., Feb. 20.
S.F. 2517, sponsored by Sen. Ann Rest (DFL-New Hope), requires a permit for the uptake, discharge and exchange of ballast water in the Minnesota waters of Lake Superior. The bill requires the commissioner of the Pollution Control Agency to adopt rules and guidelines regarding ballast water and sediment, requires vessel owners and operators to maintain onboard ballast water record books, and requires the adoption of a rapid response plan to kill, remove or minimize the spread of invasive species in Lake Superior and an emergency plan to prevent the introduction of viral hemorrhagic septicemia (VHS) into state waters.
This bill builds on work done at the federal level, Rest said. While we all would like the federal government to act responsibly to protect the Great Lakes, it has not made protecting these vital assets a priority, she said. Rest noted that the Great Lakes account for 85 percent of the nation's freshwater and 20 percent of the world's freshwater. Henry VanOffelen, a natural resources scientist at the Minnesota Center for Environmental Advocacy, provided committee members with background on VHS and the introduction and spread of non-native species. VHS spreads easily from fish to fish, he said, and is an extremely dangerous pathogen of both fresh- and saltwater fish. The Duluth-Superior and Two Harbors ports are the two largest receivers of ballast water discharge, VanOffelen said, and therefore are at highest risk for the introduction and spread of any invasive species.
"Today's problem in the Great Lakes is tomorrow's problem in the inland lakes," said Gary Botzek, representing the Minnesota Conservation Foundation and Audubon Minnesota. We need to fight the threat of invasive species in the Great Lakes, rather than in our thousands of inland lakes, he said. Botzek said the need to send a message at the federal level and the need for the state to act are not mutually exclusive. Once the states step forward, the federal government will be forced to act, he said.
There is a need to take action, said Assistant Commissioner Paul Eger, Pollution Control Agency. However, there is activity at the federal level, he said. It would be preferable to wait a little while, while making plans to act if the federal government does not move on the issue this summer, he said. Eger also discussed detailed concerns with the bill, including several areas where the bill called for PCA action that overlaps or conflicts with responsibilities of the Department of Natural Resources. A representative of the Duluth Seaway Port Authority said ports and vessel owners and operators are concerned about the emergence of a patchwork of regulations and would prefer uniform, federal regulation.
Because the committee ran out of time, the bill was laid over for further consideration.
In other action, the panel, chaired by Sen. Satveer Chaudhary (DFL-Fridley), approved a bill classifying the Comfort Lake-Forest Lake Watershed District as a watershed management organization. S.F. 2480, authored by Sen. Rick Olseen (DFL-Harris), was advanced to the Taxes Committee.
Members of the Environment and Natural Resources Committee, chaired by Sen. Satveer Chaudhary (DFL-Fridley), met Mon., Feb. 18, to hear the Legislative-Citizen Commission on Minnesota Resources statewide conservation and preservation plan. The presenters, Jean Coleman, David Mulla and John Shardlow, said the overall goal of the project is to achieve a better future for Minnesota's natural resources. Phase I of the project was aimed at creating a common understanding of change and drivers of change affecting natural resources, they said.
Phase II of the project includes priority area mapping, recommending conservation strategies, trend analysis supporting the recommendations and evaluating conservation strategies, they said. The Phase II portion also considered energy production and use, agricultural land use options and land and aquatic habitat strategies, they said.
In late April there will be stakeholder outreach meetings in three locations across the state, the presenters said. They said the purpose of the meetings is to have stakeholders work through and understand the draft recommendations and comment on potential impact, feasibility and likely support.
The first conference committee of the session met briefly Tues., Feb. 12, to re-approve the conference committee report on H.F. 2285, proposing a constitutional amendment for dedicated funding of natural resources and the arts. The bill, authored by Sen. Lawrence Pogemiller (DFL-Minneapolis), is expected to pass in the Legislature Thurs., Feb. 14.
The proposal passed out of conference committee on the eve of session close last spring, only to have the clock tick down without the bill receiving a floor vote. The only change from last session is in revenue projections because of a downturn in sales tax receipts, according to Pogemiller.
The conference report places a question on the ballot, for voters to approve or deny, authorizing a sales tax increase of 3/8 of one percent to ensure funding for Minnesota's outdoor resources and cultural heritage. Because the bill proposes a constitutional amendment, it does not need approval by the governor if passed in the Legislature.
Opposition to the proposal includes Senate Taxes Committee Chair Thomas Bakk, (DFL-Cook), who opposes dedicating funds in the constitution, arguing that it ties the hands of future Legislators. Others oppose the inclusion of arts funding.
Proponents argue that things like clean water, forests and wildlife are critical Minnesota legacies that must be properly funded to ensure their preservation for future generations. Defenders of the arts say its inclusion broadens the base of support for the amendment and addresses another area of Minnesota's culture that is chronically under-funded.
The bill specifies that 33 percent of the revenue be used to protect, enhance, and restore water quality in lakes, rivers, streams and groundwater, and five percent of that third be used to protect drinking water sources; 14.25 percent of the revenue be used to support parks and trails of regional or statewide significance; and 19.75 of the revenue be used for arts, arts education, and arts access and to preserve Minnesota's history and cultural heritage.
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