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State Representative Tina Liebling

367 State Office BuildingState Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
651-296-0573

For more information contact: Melissa Parker 651-296-8873

Posted: 2005-03-02 00:00:00
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NEWS COLUMN

Letter from the Capitol -- March 2, 2005


Freedom to Breathe

The Freedom to Breathe Act was heard--and killed on Wednesday in the House Commerce and Finance Committee, of which I am a member.

I am a co-author of the Freedom to Breathe Act. The original bill banned smoking in all work places, but the Health Policy and Finance Committee amended it to exempt bars, so the bill we heard was modeled on the Olmsted County ordinance.

The testimony on the "pro" side was powerful. Much of it pertained to the health dangers of secondhand smoke, now beyond scientific dispute. One of the best speakers was Joe Powers from Canadian Honkers Restaurant in Rochester. Mr. Powers has long been a leader on this issue. He made a concise, powerful statement that challenged business owners not to overestimate the value of what we have simply because we fear change. He testified about his own business and how Olmsted County has added about 1000 more restaurant seats since passing a similar ordinance.

Those testifying against the bill concentrated mostly on the potential economic impact to small restaurants and bars--exactly the fears that Mr. Powers tried to dispel. One witness--from the hospitality industry--brought pictures of couples who own bars, entreating us not to take their livelihoods away. Another witness--who makes his living selling air filtration systems--claimed that the level of secondhand smoke measured in a bar with his filtration system was less than the level permitted by OSHA (the federal Occupational Safety and Health Administration). In fact, OSHA has not established a "safe" level for secondhand smoke--which is made up of many hazardous chemicals including arsenic and formaldehyde. Others who oppose the change said workers in these smoky places can just choose to work elsewhere if they don't like the smoke. Perhaps some people can choose to work elsewhere, but many low-wage workers are stuck in jobs where they are forced to inhale the smoke of others.

Several people have asked me how the other committee members voted, and why there was only a voice vote, where members say "yes" or "no" aloud but no record is taken of each member’s vote. Though I can't explain why no other member requested a roll call vote, I can tell you why I did not: Sometimes a roll call vote, where names are recorded, can push members to vote differently than they otherwise would. In this case, I feared that a roll call vote might push some supporters to cast a “no" vote. Need less to say, I was quite disappointed when the no's prevailed.

The good news is that the bill’s sponsors say that they will continue looking for ways to revive it this legislative session (probably as an amendment to some other measure). You can count on me to continue supporting this essential public health measure.

Clean Water Legacy Act

Less in the news, but equally as important, the Government Operations Committee spent three days hearing testimony on and amending the Clean Water Legacy Act. This bill is Minnesota's proposed implementation of the federal Clean Water Act, which prohibits further development that impacts waterways if the waterways are already impaired. The bill represents a compromise among a broad coalition including environmental groups, businesses and government.

Under federal law, Minnesota MUST identify and clean up its impaired waters or development impacting those waters will be halted. But only a small portion of Minnesota's waters have been tested and, of those that have been, many are impaired. This is a hugely expensive project, but it must be done.

The Clean Water Legacy Act sets up mechanisms to test and clean up Minnesota's impaired waters and a funding stream to support these tasks statewide. Environmental groups are mobilizing their members to support the bill and that is good, but many people may not know about the fee portion of the bill.

The bill calls for a new fee of $36 per year for every residential building with a single sewer connection. The same $36 fee applies whether the building is single family or multi-unit, a new home with five bathrooms and a swimming pool or a small home with one bathroom in an older neighborhood. Businesses would pay $120, $300, or $600 per year depending on effluent flow, so the heaviest water users would pay only $600 per year. This fee structure moves us away from the principal of "polluter pays."

A committee member offered an amendment to make the funding proportional, so the fee paid would be related to the user's water bill, sewer bill, or some other measurement that reflects a property’s water use. I voted for that amendment but it was not adopted. In spite of my deep reservations about the funding and distribution of the funds raised, I supported the bill so it could go on to the next committee. I am sure there will be more changes before it receives a final vote, and I hope the changes will make it fairer and as effective as possible.

You can get more information about this bill, House File (HF) 826, by going to the House website at www.house.mn and clicking on Bills. As always, I want to hear your views on this bill.

Town Hall Meeting

We had great attendance at our Town Hall Meeting last Wednesday evening. There was standing room only at the auditorium in the Rochester Public Library. We heard from many powerful speakers, almost all of whom expressed concern about what had happened because of the budgets of the last few years and what Governor Pawlenty's proposed budget would do to Rochester and Olmsted County. I am always impressed when I hear from members of our community--how thoughtful, caring, and engaged they are. Besides Andy Welti and me, we had legislators from southeastern Minnesota and the Twin Cities. Several said the testimony reminded them of what they were hearing in their communities. Representative Cy Thao captured the evening well when he said, "We're Minnesota! We can do better!"

It is a great privilege to serve you in the Minnesota House. Please continue to call, e-mail, write, and visit. You can also visit my web site at www.House.mn/30A.

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