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Release: DFL responds to unprecedented actions by Republicans to halt Groundwater Protection Rules

Thursday, June 14, 2018

SAINT PAUL, MN—Today, as a response to the unprecedented actions of Minnesota House Republicans to stop the proposed Groundwater Protection Rule, DFL House members of the Committee on Agriculture Policy announced their intention to publish a minority report in Minnesota’s State Register on Monday, June 18. June 11 marked the official publication of a Republican led committee resolution in Volume 42, Number 50 of the State Register which will halt implementation of the Department of Agriculture’s Groundwater Protection Rule.

This is the first time in Minnesota’s history that a committee used Minnesota Statute 14.126; the action is expected to be met with legal challenges. The use of M.S. 14.126 allowed partisan political maneuvering by nine legislators on the MN House Ag Policy committee to bypass the executive branch and the process governing state agency rule making. The vast majority of members of the MN House who are elected to represent the people of Minnesota, act as their voice, and vote on their behalf, were disregarded in this power play.

“Minnesotans play by the rules and they expect the Legislature to do the same,” remarked Rep. Jeanne Poppe (DFL-Austin). “That nine members out of 134 can circumvent the democratic process and halt the implementation of rules that are legally and properly created, based on science, and formed via countless amounts of public input is harmful not only to the way we govern, but to our communities and the people we represent. In this particular situation, there was plenty of time to resolve the issues between the legislative and executive branches in a more constructive manner rather than resorting to an unprecedented process that has the potential to divide communities and destroy legislative relationships. There’s no question about it: this could have been avoided.”

The rule being delayed is intended to limit nitrate contaminants in Minnesota’s drinking water. Elevated nitrate levels in drinking water, which many Minnesota communities are facing, can pose serious health concerns for humans, including what’s known as blue baby syndrome. The goal of the rule is to work with local farmers and regulate the use of nitrogen fertilizer in areas of the state where soils are vulnerable to leaching and where drinking water supplies have high nitrate levels. The proposed rule was released after years of work, including months of stakeholder input. The rulemaking process is supported by a number of agriculture groups, as well as municipalities who are required to treat contaminated drinking water in public wells.

“The issue of clean water extends beyond how it impacts farmers to every person in our state,” said Rep. David Bly (DFL-Northfield). “While many farmers and agriculture organizations lead the way in preservation of the land and research into how we can do better, when problems are identified, all members of our community pay and we need everyone at the table to develop solutions. The proposed Groundwater Protection Rule represents the established process to provide every Minnesotan with the opportunity to be a part of the solution. Delaying it further and with no purpose identified other than intimidation is not in the best interest of our state.”

When committees with jurisdiction take action using Minnesota Statute 14.126, any proposed rule is delayed until the conclusion of the next legislative session. With control of the Legislature, implementation of this or any other proposed rule could be delayed indefinitely with a majority vote of the committees in both the House and the Senate that oversee a subject area, in this case agriculture.

A copy of the Minority Report published in the State Register by the House DFL Agriculture Policy Committee members is attached.

Rep. Jeanne Poppe is the DFL Lead on the House Agriculture Finance Committee. Rep. David Bly is the DFL Lead on the House Agriculture Policy Committee.