SUMMARY OF ENVIRONMENTAL LEGISLATION
2006 Session, Minnesota Legislature
Brian Pasko, Legislative CoordinatorSierra Club North Star Chapter
Mercury Reduction Act of 2006
The Sierra Club played a critical role in negotiating and passing what is possibly the strongest mercury reduction law in the country, which will reduce mercury emissions from the state's largest coal plants by 90%. The bill passed unanimously in both the House and Senate and was signed by the Governor on May 11 at a V.F.W. post overlooking White Bear Lake.
Renewable Electricity Standard
The Sierra Club assisted, through grassroots and lobbying efforts, in the passage of the renewable electricity standard in the Minnesota Senate. The standard, which would require utilities to obtain 20% of their electricity from renewable sources by 2020, passed 36-30. The provision passed as part of a larger omnibus energy bill, which House leaders refused to bring to the House floor for a vote.
Transportation Funding — Sales Tax
The Sierra Club played a leadership role in advancing the need for a regional funding source for transit. For years, the Sierra Club and our allies have supported a ½-cent sales tax increase and its dedication to transit. This session, we were able to use the Twins/Vikings stadium proposals to bring prominence to this transportation choices funding issue. Ultimately, the sales tax was taken off the table in the conference committee addressing sports stadiums, and was transferred to the transportation finance conference committee. There, the ½-cent sales tax concept remained alive until the last day of session until a deal was reached that would have provided transit with an immediate dedication of the motor vehicle lease tax ($30 million annually) and 40% of the motor vehicle sales tax (about $150 million). Unfortunately, the agreement fell apart when members of both caucuses refused to agree to the deal reached by the conference committee members. As a result, no transportation spending bill was passed by the legislature this session. However, the negotiation process provided an unprecedented opportunity to advance the discussion about the need for a regional funding source for transit.
Transportation Funding — Motor Vehicle Sales Tax
The Sierra Club and our allies in the "Transit Partners" coalition were successful in defeating proposed changes to the motor vehicle sales tax constitutional amendment that the legislature passed last year. As a result, there will be a single constitutional amendment on the November ballot, proposing to dedicate at least 40% of the motor vehicle sales tax to transit, and 60% to roads and highways. If successful, the amendment will provide nearly half of the $300 million needed in annual dedicated funding for transit.
Capital Investments (Bonding) bill
The legislature approved a capital investments bill, which authorizes nearly $950 million of general obligation bonding. The final bill funded numerous environmental projects, including approximately $9 million for assessment and clean-up for contaminated waters. Sierra Club volunteers in Dakota County were instrumental in securing funding for the Robert Street Corridor project, and the Sierra Club generally also assisted in securing funding for other important transit and environmental projects.
| Transit-Related Projects funding in the 2006 Capital Investments Bill | |
| Northstar Rail Corridor | $60 million |
| I-35 Bus Rapid Transit | $3.3 million |
| Cedar Avenue Busway | $5.0 million |
| Central Corridor | $7.8 million |
| Red Rock Corridor | $0.5 million |
| Robert Street Corridor | $0.5 million |
| Union Depot | $3.5 million |
| $80.6 million authorized in 2006 bill | |
| $53.75 million authorized in 2005 bill | |
Clean Water Legacy Act — Policy
The Sierra Club supported the passage of the Clean Water Legacy Act, which seeks to provide a governance structure and funding for the assessment and clean-up of Minnesota's contaminated waters. While the Act is generally good legislation, the final version of the bill contains a provision that seeks to allow polluters to develop new proposed pollution sources if those pollution sources are "offset" by decreasing pollution from other sources in a particular watershed. This approach was recently rejected by the Minnesota Supreme Court, which found that it violates the federal Clean Water Act. As a result, it is questionable what impact the "offset" provision of the Act will have on future permitting efforts. Additionally, the Act contains a provision that prohibits registered lobbyists from serving on the Clean Water Council, which will govern the distribution of funds for assessments and clean-up efforts.
Clean Water Legacy Act — Funding
The legislature appropriated $15 million in its supplemental budget bill, and an additional $9 million for water-related projects in the capital investments bill, totaling $24 million for the Clean Water Legacy. The Sierra Club and our environmental partners advocated for $40 million, with a commitment to spend $80 to $100 million annually for the next 10 years to support the assessment, restoration, and clean-up of Minnesota's waters.
Fish and Game Bill
In the last hours of the legislative session, legislators passed their annual fish and game bill. This legislation is notable, not for what is in the bill, but for provisions not included in the final legislation. The Sierra Club assisted in removing a provision that would have authorized a bounty on coyotes, which the Sierra Club has opposed due to the lack of scientific support for the bounty as well as potential effects on gray wolves. Additionally, legislation supported by the Sierra Club was unfortunately stripped from the game and fish bill during a late-night conference committee markup. Those provisions were (1) a proposal that would have placed restrictions on the rearing of minnows in wetlands, (2) a proposal that would have authorized a task force to develop recommendations to promote compliance with the states laws regarding buffer zones on agricultural ditches, and (3) a proposal that would have prohibited the use of 4 x 4 "mudder" trucks from driving on trails in state forests.
Off-Highway Vehicles
The Sierra Club and our coalition partners were successful in preventing the passage of adverse policies that would promote the expansion of all-terrain vehicles in Minnesota's state forests.
- We defeated efforts in both the capital investments and environmental spending bills to convert the North Shore State Trail (currently a hiking, biking, and horseback riding trail) to an all-terrain vehicle trail in the summer months.
- We also defeated an effort to increase the portion of the state gas tax to all-terrain vehicles as part of the transportation spending bill.
- We supported the passage of an amendment in both the House and Senate, which would have prohibited the use of 4 x 4 "mudder" trucks on trails in state forests. Unfortunately, this provision was stripped from the final game and fish bill during a late-night conference committee.
Dedicated Funding
Legislators failed to reach agreement to pass a constitutional amendment that would dedicate a percentage of the sales tax to fish, game, wildlife, parks, trails, clean water, public broadcasting, and the arts. The Sierra Club remained neutral on this legislation throughout the session.
LCMR Reform
Following agreement by a task force last summer, legislators passed a bill reforming the Legislative Commission on Minnesota Resources (LCMR). The bill provides for the addition of citizen members to the Commission, as well as procedural changes for funding environmental and conservation projects. The Sierra Club remained neutral on this legislation throughout the session.
Electronic Waste
Last year the Minnesota Senate passed a law that would require manufacturers of electronic waste (such as computers, monitors, televisions that contain toxic substances like lead, silver, cadmium, mercury, selenium, and chromium) to contribute to and participate in a recycling and collection program for these products. Similar legislation was developed this session in the House, but House leaders failed to bring the legislation to the floor for a vote of the full House.
Eminent Domain
The legislature overwhelmingly passed legislation that reformed the state's eminent domain laws. The most problematic portion of the bill involves a highly technical provision that would force municipalities to pay land-owners if the municipality wants to condition a permit or license on the removal of a non-conforming use. In other words, a city would be prohibited from phasing-out or putting conditions on the expansion of out-dated land-uses (like feedlots or gas stations), even when the needs of the community have changed. The provision could jeopardize environmental standards for sewer systems, storm-water management, land rehabilitation, and feedlot management.
Plug in Hybrid Vehicles
The legislature unanimously passed a bill that requires the state to begin purchasing plug-in hybrid vehicles once they are commercially available and to establish a study to examine barriers to purchasing plug-in hybrids.
Straight Pipe Septic Systems
There are an estimated 60,000 straight pipe septic systems in Minnesota — systems that illegally discharge approximately 6.75 million gallons of untreated raw sewage per day directly into Minnesota's rivers, lakes, drain tiles and ditches. The legislature unanimously approved legislation that establishes a $500/month fine for straight pipe septic systems until they come into compliance with state law.