By Rep. Paul Anderson
Of all the bills passed during the recently completed legislative session, none was more contentious than the agriculture/environment bill approved in the early morning hours of the special session on June 13. In addition to operating revenue of $187 million appropriated to the Pollution Control Agency (PCA) and the $526 million to the DNR, the bill contained policy changes that had been first proposed in the Republican-controlled House. These language changes were designed, not to lessen environmental standards, but to make the process of compliance with those standards more streamlined.
The elimination of the Citizens’ Board of the PCA drew the most attention. Currently this board, made up of nine citizens appointed by the governor, has final authority in rulemaking, permitting and environmental review. The original bill called for the board to become advisory, but during negotiations the MPCA said this would impose potentially significant costs related to transportation, lodging, and staff time. The agency also expressed that the Citizens’ Board in its proposed role as an advisory board would not be beneficial, and thus the language to dissolve the board was added. The final authority for rulemaking and permitting will now rest with the PCA commissioner.
This change did not sit well with some legislators, mainly urban DFL senators. The bill was defeated by the Senate in the special session and then amended to take this provision out of the bill. The bill was then sent to the House, where it was quickly re-amended to put the original language back in the bill. It then went back to the Senate, where it was passed by a comfortable margin on its second vote.
Another change that makes sense to me was in how self-violations are handled by the agency. This provision says that the PCA must delay enforcement for 60 days any violation that is self-reported. If the violation is corrected or is scheduled to be corrected, the PCA shall waive any fines. A number of exceptions to this law are provided, including criminal enforcement and for violations that cause great harm or provide substantial economic benefit to the regulated entity.
The ag/environment bill also contains the new buffer language. Modified from the original and controversial version proposed by Gov. Dayton, the main feature of this language calls for 16.5-foot buffers on all public ditches by November of 2018. It also strengthens current law with a provision that the DNR must publish a map of all public waters in the state, and that they must be buffered by November of 2017. It also directs local Soil and Water Conservation Districts (SWCDs) to assist landowners with implementing water resource protection plans. Further, it directs SWCDs to report violations of this new law to counties or watershed districts with jurisdiction. The county or watershed district may then use a delegated APO authority, which allows them to levy fines to enforce the law, beginning November 1, 2017.
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Here’s hoping you have a fun and safe Fourth of July holiday. Many folks will be on the road, heading to their favorite lake or camping area. We have two parades scheduled for Saturday, with the first being in Villard and the second in Starbuck.
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