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Environment and Natural Resources Finance Division

FORTY-THIRD MEETING

2007-2008 Regular Session - Tuesday, March 25, 2008

STATE OF MINNESOTA FORTY-THIRD MEETING
HOUSE OF REPRESENTATIVES EIGHTY-SIXTH SESSION

ENVIRONMENT & NATURAL RESOURCES FINANCE DIVISION

MINUTES


Chair Wagenius called the meeting to order at 6:22 P.M. on March 25, 2008, in Room 5 of the State Office Building.

The Committee Legislative Assistant noted the roll.

Members present:

Wagenius, Jean (Chair)
Anzelc, Tom
Clark, Karen
Dill, David
Doty, Al (Vice Chair)
Eken, Kent
Gardner, Paul
Gunther, Bob
Hackbarth, Tom
Hansen, Rick
Hoppe, Joe
Knuth, Kate
Magnus, Doug
McNamara, Denny
Moe, Frank
Ozment, Dennis
Peterson, Aaron
Scalze, Bev
Tingelstad, Kathy

A quorum was present.

Representative Hansen took the gavel at 6:23 P.M.

Representative Doty moved that the minutes of March 17th and 18th be approved. THE MOTION PREVAILED AND THE MINUTES ARE APPROVED.


HF4021 Wagenius, Pollution Control Agency temporarily prohibited from establishing or holding stakeholder groups or meetings.

Representative Wagenius moved that her bill be recommended to pass and be re-referred to Finance. She moved the H4021DE1 delete-all amendment. THE MOTION PREVAILED AND THE AMENDMENT IS ADOPTED.

Representative Wagenius moved the H4021A3 amendment. THE MOTION PREVAILED AND THE AMENDMENT IS ADOPTED.

Fiscal Analyst Jim Reinholdz presented the spreadsheet on the bill as amended.

Representative Wagenius presented her bill as amended.

Chair Hansen presented provisions in the bill related to the Board of Soil and Water Resources.

Forrest Boe, Department of Natural Resources (DNR) Trails and Waterways Division Director, testified in response to a question from Representative Dill.

Representative Gardner moved the H4021A2 amendment. THE MOTION PREVAILED AND THE AMENDMENT IS ADOPTED.

Representative Gardner moved an oral amendment as follows: line 5.26, delete "repeal" and insert "modification"; line 5.27, delete the last comma and insert a period; delete line 5.28. THE MOTION PREVAILED AND THE ORAL AMENDMENT IS ADOPTED.

Representative Gardner moved an oral amendment as follows: delete line 31.18 except for "and may". THE MOTION PREVAILED AND THE ORAL AMENDMENT IS ADOPTED.

Representative Dill moved the A08-1507 amendment.

Marty Vadis, DNR Lands and Minerals Division Director, testified on the amendment.

Craig Pagel, President of the Iron Mining Association, testified on the amendment.

Representative Dill renewed his motion of A08-1507. THE MOTION PREVAILED AND THE AMENDMENT IS ADOPTED.

Representative Hackbarth moved an oral amendment as follows: delete Section 26 in its entirety.

Representative Wagenius opposed the amendment.

Representative Hackbarth requested a roll call.

The committee recessed at 7:16 P.M.

The committee reconvened at 7:31 P.M.

Discussion ensued.

The roll was taken.

Ayes:

Dill
Hackbarth
Hoppe
Ozment
Tingelstad

Nays:

Anzelc
Clark
Doty
Eken
Gardner
Hansen
Knuth
McNamara
Moe
Peterson
Scalze
Wagenius

On a vote of 5 ayes and 12 nays, THE MOTION FAILED.

Myrna Halbach, Minnesota Pollution Control Agency (MPCA) Chief Financial Officer, testified in response to a question from Representative Dill.

Jim Reinholdz pointed out an error on line 4.23, noting "general" should be changed to "environmental".

Representative Wagenius moved the above as an oral amendment. THE MOTION PREVAILED AND THE ORAL AMENDMENT IS ADOPTED.

Representative Dill moved an oral amendment as follows: delete lines 4.21 through 4.27.

Representative Wagenius moved to amend Dill's amendment as follows: lines 4.21 and 4.26, change "$1,500,000" to "$750,000"; lines 4.23 and 4.27, change "fiscal year" to "by January 1,".

Representative Dill incorporated the amendment. THE MOTION PREVAILED AND THE ORAL AMENDMENT IS ADOPTED.

Representative Wagenius renewed her motion that HF4021 as amended be recommended to pass and re-referred to Finance, authorizing staff to fix technical errors and references as needed. THE MOTION PREVAILED AND HF4021 AS AMENDED IS RE-REFERRED TO THE COMMITTEE ON FINANCE.


Representative Wagenius took the gavel.


HF3280 Dill, Public land expedited exchanges provided.

Representative Dill moved that his bill go to Finance.

Representative Dill moved the A08-1498 amendment.

Kathy Lewis of the DNR testified on the amendment.

Representative Dill withdrew his amendment.

Representative Dill moved the A08-1463 amendment. THE MOTION PREVAILED AND THE AMENDMENT IS ADOPTED.

The bill was temporarily laid over.


HF863 Hortman, California vehicle emissions standards adopted, and updates provided to comply with the federal Clean Air Act.

Chair Wagenius moved the bill and the H0863A11 amendment. THE MOTION PREVAILED AND THE AMENDMENT IS ADOPTED.

Chair Wagenius renewed her motion. THE MOTION PREVAILED AND HF863 AS AMENDED IS RECOMMENDED TO PASS AND RE-REFERRED TO THE COMMITTEE ON FINANCE.


HF3625 Hansen, Natural resources administrative sites sales proceeds disposition provided, and money appropriated.

Representative Hansen moved his bill and to amend HF3429 onto it. THE MOTION PREVAILED AND THE HF3429 AMENDMENT IS ADOPTED.

Representative renewed his motion of the bill. THE MOTION PREVAILED AND HF3525 AS AMENDED IS RECOMMENDED TO PASS AND RE-REFERRED TO THE COMMITTEE ON FINANCE.


HF3550 Hansen, Viral hemorrhagic septicemia control provided.

Representative Hansen moved that HF3550 go to Finance.

THE MOTION PREVAILED AND HF3550 IS RECOMMENDED TO PASS AND RE-REFERRED TO THE COMMITTEE ON FINANCE.


HF3685 Moe, Toxic chemical release reporting requirements modified.

Representative Moe moved that his bill be recommended to pass and go to Finance. THE MOTION PREVAILED AND HF3685 IS RECOMMENDED TO PASS AND RE-REFERRED TO THE COMMITTEE ON FINANCE.


HF3292 Dittrich, School trust fund lands management provided, school trust fund land return improvements provided, Permanent School Fund Advisory Committee mission redefined, and report provided.

Chair Wagenius moved that the bill be recommended to pass and go to Finance.

Representative Dittrich presented her bill.

Representative Wagenius renewed her motion.

THE MOTION PREVAILED AND HF3292 IS RECOMMENDED TO PASS AND RE-REFERRED TO THE COMMITTEE ON FINANCE.


HF3437 Moe, Star lake or river designation process provided, star lake or river signs allowed on highways, report required, and money appropriated.

Representative Moe moved and presented his bill.

Representative Moe moved to delete the amendment A08-1402 that had been adopted in committee previously. THE MOTION PREVAILED AND THE A08-1402 AMENDMENT IS DELETED.

Representative Moe presented his bill as amended.

Representative Moe renewed his motion.

THE MOTION PREVAILED AND HF3437 IS RECOMMENDED TO PASS AND RE-REFERRED TO THE COMMITTEE ON FINANCE.


HF3280 Dill, Public land expedited exchanges provided.

Representative Dill re-moved HF3280 and the A08-1498 amendment. THE MOTION PREVAILED AND THE A08-1498 AMENDMENT IS ADOPTED.

Representative Dill renewed his motion of the bill.

THE MOTION PREVAILED AND HF3280 IS RECOMMENDED TO PASS AND RE-REFERRED TO THE COMMITTEE ON FINANCE.


HF2694 Doty, Little Falls; Pine Grove Zoo funding provided.

Representative Doty moved and presented his bill.

THE MOTION PREVAILED AND HF2694 IS RECOMMENDED TO PASS AND RE-REFERRED TO THE COMMITTEE ON FINANCE.


HF2998 Koenen, Free entrance authorized for totally and permanently disabled veterans.

Chair Wagenius moved the bill.

THE MOTION PREVAILED AND HF2998 IS RECOMMENDED TO PASS AND RE-REFERRED TO THE COMMITTEE ON FINANCE.


HF3293 Clark, Pollution Control Agency required to analyze cumulative pollution effects in an area prior to issuing a permit.

Representative Clark moved her bill.

Representative Clark moved an oral amendment as follows: line 1.18, delete "after July 1, 2008"; line 2.2, after "site", insert "due to residential arsenic contamination"; line 2.7, delete "13" and insert "numerous". THE MOTION PREVAILED AND THE ORAL AMENDMENT IS ADOPTED.

Representative Clark presented her bill as amended. Testifying in support were:

Carol Pass, President, East Phillips Improvement Coalition
Rosie Cruz, East Phillips neighborhood resident
David Dos Santos, East Phillips neighborhood resident
Alec Cruz, East Phillips neighborhood resident
Angela Cruz, East Phillips neighborhood resident
David Galvar, East Phillips neighborhood resident
Carrie Anne Johnson, East Phillips neighborhood resident
Deborah Torraine, Environment Justice Advocates of Minnesota

Kim Havey, Principal of Midtown Eco Energy, testified in opposition.

Also testifying on the bill:

Representative Rukavina
David Thornton, MPCA

Representative Clark renewed her motion.

THE MOTION PREVAILED AND HF3293 AS AMENDED IS RECOMMENDED TO PASS AND RE-REFERRED TO THE COMMITTEE ON FINANCE.

Representative Hackbarth requested a division.

On a vote of 9 ayes and 5 nays, THE MOTION PREVAILED AND HF3293 AS AMENDED IS RECOMMENDED TO PASS AND RE-REFERRED TO THE COMMITTEE ON FINANCE.


HF4108 Rukavina, Eveleth; Iron Range off-highway vehicle recreation area management plan requirements modified, funding provided for recreational underpass, and money appropriated.

Representative Rukavina presented information on his bill since it was not in the committee's possession.

Fiscal Analyst Jim Reinholdz described the fiscal impact of the bill.

Forrest Boe, DNR Trails and Waterways Division Director, testified on the bill.


HF3032 Dill, Critical habitat private sector matching account and outdoor recreation system modified; state parks, forests, and recreation areas modified; state land sales and conveyances provided; and 30-year leases authorized for wind energy projects.

Representative Dill moved his bill.

Representative Wagenius moved to delete Section 53.

Representative Dill moved to amend Wagenius' amendment as follows: lines 3.9 - 3.12, delete everything after "shall"; line 3.13, delete "convey" and insert "conveying"; line 3.14, after "paragraph (b)", insert "to the grantors or grantors' heirs".

Representative Wagenius renewed her motion. THE MOTION PREVAILED AND SECTION 53 IS DELETED.

Representative Dill renewed his motion. THE MOTION FAILED.

Representative Dill withdrew HF3032.


HF3547 Dill, Omnibus game and fish bill.

Representative Dill moved HF3547 and the A08-1491 amendment. THE MOTION PREVAILED AND THE AMENDMENT IS ADOPTED.

Representative Dill moved the A08-1508 amendment.

Ed Boggess, DNR Fish and Wildlife Division Director, testified on the amendment.

Representative Dill renewed his motion. THE MOTION PREVAILED AND THE A08-1508 AMENDMENT IS ADOPTED.

Representative Moe moved the H3547A10 amendment.

Ed Boggess testified on the amendment. THE MOTION PREVAILED AND THE H3547A10 AMENDMENT IS ADOPTED.

Representative Dill moved to delete the H3547A8 amendment that had been adopted previously. THE MOTION PREVAILED AND THE H3547A8 AMENDMENT IS DELETED.

Representative Dill renewed his motion of the bill.

THE MOTION PREVAILED AND HF3547 AS AMENDED IS RECOMMENDED TO PASS AND RE-REFERRED TO THE COMMITTEE ON FINANCE.


HF3280 Dill, Public land expedited exchanges provided.

Representative Dill moved to reconsider HF3280. THE MOTION PREVAILED.

Representative Dill moved to delete the A08-1463 amendment. THE MOTION PREVAILED AND THE A08-1463 AMENDMENT IS DELETED.

Representative Dill moved that HF3280 as amended be recommended to pass and re-referred to Finance.

THE MOTION PREVAILED AND HF3280 AS AMENDED IS RECOMMENDED TO PASS AND RE-REFERRED TO FINANCE.


HF3032 Dill, Critical habitat private sector matching account and outdoor recreation system modified; state parks, forests, and recreation areas modified; state land sales and conveyances provided; and 30-year leases authorized for wind energy projects.

Representative Dill moved that HF3032 be recommended to pass and go to Finance.

Representative Dill moved the A08-1463 amendment. THE MOTION PREVAILED AND THE A08-1463 AMENDMENT IS ADOPTED.

Representative Dill moved that HF3032 as amended be recommended to pass.

THE MOTION PREVAILED AND HF3032 AS AMENDED IS RECOMMENDED TO PASS AND RE-REFERRED TO THE COMMITTEE ON FINANCE.


HF3429 Hansen, Administrative penalty orders provided, civil penalties provided, implementation plan required, and rulemaking exemption provided.

Representative Hansen moved that HF3429 be recommended to pass and go to Finance.

THE MOTION PREVAILED AND HF3429 IS RECOMMENDED TO PASS AND RE-REFERRED TO THE COMMITTEE ON FINANCE.


The meeting adjourned at 11:09 P.M.


_____________________________________
Jean Wagenius, Chair


______________________________________
Melissa Hysing, Committee Legislative Assistant
More Info On This Meeting..

HF4021 (Wagenius) Environment & Natural Resources Supplemental Budget Bill
HF3280 (Dill) Public land expedited exchanges provided.
HF3685 (Moe) Toxic chemical release reporting requirements modified.
HF3292 (Dittrich) School trust fund lands management provided, school trust fund land return improvements
provided, Permanent School Fund Advisory Committee mission redefined, and report provided.
HF863 (Hortman) California vehicle emissions standards adopted, and updates provided to comply with the
federal Clean Air Act.
HF3625 (Hansen) Natural resources administrative sites sales proceed disposition provided, and money
appropriated.
HF3550 (Hansen) Viral hemorrhagic septicemia control provided, and rulemaking authorized.
HF3429 (Hansen) Administrative penalty orders provided, civil penalties provided, implementation plan
required, and rulemaking exemption provided.
HF3437 (Moe) Star lake or river designation process provided, Star Lake Board created as nonprofit corporation,
star lake or river signs allowed on highways, and money appropriated.
HF2998 (Koenen) Free lifetime state park permits authorized for totally and permanently disabled veterans.
HF2694 (Doty) Little Falls; Pine Grove Zoo funding provided.
HF3293 (Clark) Pollution Control Agency required to analyze cumulative pollution effects in an area prior to issuing a permit.
HF4108 (Rukavina) Eveleth; Iron Range off-highway vehicle recreation area management plan requirements modified, funding provided for recreational underpass, and money appropriated. (Informational Only)
HF3032 (Dill) Critical habitat private sector matching account and outdoor recreation system modified; state
parks, forests, and recreation areas modified; state land sales and conveyances provided; and 30-year leases authorized for wind energy projects.
HF3547 (Dill) Game and fish fund report requirements modified, pheasant
habitat improvement account disposition modified, wild turkey management account modified, hunting and fishing licensing and taking provisions modified, and rulemaking authorized.