Shut down ends – Special Session complete

Those of you interested in some coverage of the proceedings of the Special Session might find these comments by Rep. Rick Hansen interesting:

It is 3:10 pm and we have convened into special session.  124 members are present.   The Majority has moved a recess to the call of the chair.  The following bills have been posted as of convening.

We are in recess.

The pension bill has now been posted.

$20 MILLION IN BONDING FOR TRANSIT

Just learned the details:  ”

“To the Metropolitan Council or for the Council to grant to Anoka County Regional Railroad Authority, Dakota County, Dakota County Regional Railroad Authority, Hennepin County, Hennepin County Regional Railroad Authority, Ramsey County Regional Railroad Authority or Washington County Regional Railroad Authority to perform environmental studies, preliminary engineering, acquire property or an interest in property, design or construct transitway facilities and infrastructure, including roadways, for the following transitway projects: Northstar Ramsey station, Gateway (I-94 East) corridor, Minneapolis Interchange facility, Red Rock corridor Newport park and ride and station, Rush Line corridor, Robert Street corridor, 35W South Bus Rapid Transit and Cedar Avenue Bus Rapid Transit.”

It is 5:30 pm and we have not reconvened.  Rumors are there are not the votes in the majority to pass the bill in the Senate.

EXAMPLE OF POLICY IN ENV BILL

Sec. 31. COORDINATION OF MINNESOTA AND WISCONSIN PHOSPHORUS

89.8STANDARD; LAKE PEPIN.

89.9The commissioner of the Pollution Control Agency shall coordinate with the

89.10Wisconsin Department of Natural Resources in establishing a phosphorus standard for

89.11Lake Pepin and shall advocate implementation of a phosphorus standard that considers

89.12nutrient impacts on algal growth applicable during the June to September growing season

89.13only. If necessary, the commissioner may engage in a conference with the Wisconsin

89.14Department of Natural Resources according to section 103 of the Clean Water Act, United

89.15States Code, title 33, section 1253, to resolve any discrepancies in the states’ respective

89.16standards.

The Environment Finance bill is 132 pages long.  There is a lot of policy that was added to it.  Here is a link to the bill.

The following are some of the policy provisions that may be of concern:

LAKE PEPIN

Sec. 31. COORDINATION OF MINNESOTA AND WISCONSIN PHOSPHORUS

89.8STANDARD; LAKE PEPIN.

89.9The commissioner of the Pollution Control Agency shall coordinate with the

89.10Wisconsin Department of Natural Resources in establishing a phosphorus standard for

89.11Lake Pepin and shall advocate implementation of a phosphorus standard that considers

89.12nutrient impacts on algal growth applicable during the June to September growing season

89.13only. If necessary, the commissioner may engage in a conference with the Wisconsin

89.14Department of Natural Resources according to section 103 of the Clean Water Act, United

89.15States Code, title 33, section 1253, to resolve any discrepancies in the states’ respective

89.16standards.

WOLVES

Sec. 51. Minnesota Statutes 2010, section 97B.645, subdivision 9, is amended to read:

114.10    Subd. 9. Open season. There shall be no open season for gray wolves for five years

114.11until after the gray wolf is delisted under the federal Endangered Species Act of 1973.

114.12After that time, the commissioner may prescribe open seasons and restrictions for taking

114.13gray wolves but must provide opportunity for public comment.

FEEDLOTS

Sec. 21. Minnesota Statutes 2010, section 116.07, subdivision 7c, is amended to read:

81.28    Subd. 7c. NPDES feedlot permitting requirements. (a) The agency must issue

81.29national pollutant discharge elimination system permits for feedlots with 1,000 animal

81.30units or more and that meet the definition of a “concentrated animal feeding operation” in

81.31Code of Federal Regulations, title 40, section 122.23, only as required by federal law. The

81.32issuance of national pollutant discharge elimination system permits for feedlots must be

81.33based on the following:

82.1(1) a permit for a newly constructed or expanded animal feedlot that is identified as a

82.2priority by the commissioner, using criteria established under paragraph (d) in effect on

82.3January 1, 2010, must be issued as an individual permit;

82.4(2) after January 1, 2001, an existing feedlot that is identified as a priority by the

82.5commissioner, using criteria established under paragraph (e) in effect on January 1, 2010,

82.6must be issued as an individual permit; and

82.7(3) the agency must issue a general national pollutant discharge elimination system

82.8permit, if required, for animal feedlots that are not identified under clause (1) or (2).

82.9(b) Prior to the issuance of a general national pollutant discharge elimination system

82.10permit for a category of animal feedlot facility permittees, the agency must hold at least

82.11one public hearing on the permit issuance.

82.12(c) To the extent practicable, the agency must include a public notice and comment

82.13period for an individual national pollutant discharge elimination system permit concurrent

82.14with any public notice and comment for:

82.15(1) the purpose of environmental review of the same facility under chapter 116D; or

82.16(2) the purpose of obtaining a conditional use permit from a local unit of government

82.17where the local government unit is the responsible governmental unit for purposes of

82.18environmental review under chapter 116D.

82.19(d) The commissioner, in consultation with the Feedlot and Manure Management

82.20Advisory Committee, created under section 17.136, and other interested parties must

82.21develop criteria for determining whether an individual national pollutant discharge

82.22elimination system permit is required under paragraph (a), clause (1). The criteria must

82.23be based on proximity to waters of the state, facility design, and other site-specific

82.24environmental factors.

82.25(e) The commissioner, in consultation with the Feedlot and Manure Management

82.26Advisory Committee, created under section 17.136, and other interested parties must

82.27develop criteria for determining whether an individual national pollutant discharge

82.28elimination system permit is required for an existing animal feedlot, under paragraph

82.29(a), clause (2). The criteria must be based on violations and other compliance problems

82.30at the facility.

82.31(f) The commissioner, in consultation with the Feedlot and Manure Management

82.32Advisory Committee, created under section 17.136, and other interested parties must

82.33develop criteria for determining when an individual national pollutant discharge

82.34elimination system permit is transferred from individual to general permit status.

82.35(g) Notwithstanding the provisions in paragraph (a), until January 1, 2001, the

82.36commissioner may issue an individual national pollutant discharge elimination system

83.1permit for an animal feedlot. After the general permit is issued and the criteria under

83.2paragraphs (d) and (e) are developed, individual permits issued pursuant to this paragraph

83.3that do not fit the criteria for an individual permit under the applicable provisions of

83.4paragraph (d) or (e) must be transferred to general permit status.

83.5(h) The commissioner, in consultation with the Feedlot and Manure Management

83.6Advisory Committee, created under section 17.136, and other interested parties must

83.7develop criteria for determining which feedlots are required to apply for and obtain a

83.8national pollutant discharge elimination system permit and which feedlots are required

83.9to apply for and obtain a state disposal system permit based upon the actual or potential

83.10to discharge A feedlot owner may choose to apply for a national pollutant discharge

83.11elimination system permit even if the feedlot is not required by federal law to have a

83.12national pollutant discharge elimination system permit.

At 6:34 pm we reconvened.  An urgency was declared and we are bringing up the Transportation bill.

HF 2 TRANSPORTATION BILL

It was debated for about 8 minutes.  Beard, then Hornstein and Morrow spoke.  Passed 71 – 56.  I voted no.

HF 4  HIGHER EDUCATION

An urgency declared on voice vote.  Rep. Nornes is explaining the bill.  Then Morrow rebuts.  Passed 71 – 57.  I voted no at about 6:56 pm

SF 1 PUBLIC SAFETY JUDICIARY

An urgency declared on voice vote.  Rep. Cornish is explaining the bill.  Smith follows up on Judiciary portion.  Mullery rebuts.  Rep. Sheldon Johnson follows.  Passed 77 – 51.  I voted no.

SF 3  ENVIRONMENT

An urgency declared on voice vote.  Rep. McNamara is explaining the bill.  Rep. Wagenius follows.  I followed describing the bill being 126 pages plus repealers.  I encouraged members to pick-up a copy of this bill (and others).  The policy starts on pages 66.  Sixty pages of policy.  Nineteen days of shutdown and 22,000 folks out of work and the last few days have been spent debating policy in this and other bills.  The wrong priorities.  I encouraged a no vote.  Passed 71 – 57.  I voted no.

The TAX BILL was just posted on-line at 7:11 PM:  http://www.house.leg.state.mn.us/ss2011/11-3671.htm  The summary is not available.

SF 2 JOBS & ECONOMIC DEVELOPMENT

An urgency declared on a voice vote.  Rep. Gunther presents the bill.  Rep. Anzelc’s responded.  Rep. Clark and Rep. Mary Murphy followed.  Passed 76 – 50. I voted no.

Rep. Deans move a recess until 8:45 PM.  Rules committee will meet and there will be caucuses.

8:45 pm.  We have just been informed via email that session will reconvene at 9:30 pm.  Several bills have yet to be posted.

The bonding bill has now been posted: http://www.house.leg.state.mn.us/ss2011/11-3675.htm

Education and Human Services have yet to be posted and they will be hundreds of pages.

9:35 pm.  We have reconvened.

HF 20  TAX BILL

An urgency was declared on a voice vote.  The bill has been public a little over two hours.  I voted no.  Rep. Davids is presenting the bill.  This bill includes the tobacco securitization for operating funds.  Rep. Thissen gave a response highlighting the problems.  Rep. Davids and Loon have responded.  It looks like there will be extensive debate.  Rep. Marquardt is highlighting the debt in this bill and the property tax increases.  More debate  highlighting that this is the bill that provides the funding for the other bills.  Rep. Lenczewski indicates the Speaker wants her to stop debate.  She does and we move to the vote.  I vote no.  Passed 71 – 57.

Rep. Dean indicates we are going to sit and wait because the next bill is not ready.  I wonder why then they wanted to end debate on the Tax bill?

10:40 PM  We start again.

SF 6 LEGACY

An urgency declared by voice vote.  Rep. Urdahl  presents the bill.  Rep. Wagenius responds and I also speak against the bill.  The reasons are supplanting in the Clean Water fund and accountability in Outdoor Heritage.  Passed 98 – 30.

Rep. Mack introduces her husband and new baby.

Rep. Holberg indicated we will wait another 5-10 minutes until the next bill is ready.

11: 25 pm.  Rep. Dean moves to meet past midnight.  Passed on voice vote.

HF 23 CAPITAL INVESTMENT

An urgency is declared by voice vote.  Rep. Howes presents the bill.  I have requested to be added to the bill as a co-author.  Rep. Howes agreed for me to be a co-author.  Rep. Hausman rose to speak in favor of the bill.  I vote yes.  Passed 112 – 17.

HF 14 PENSION BILL

An urgency is declared by a voice vote.  Rep. Lanning presents the bill.

Attached is a summary of the pension bill.  Rep. Morrow followed.  I vote yes.  Passed 115 -12.

We are now waiting again.

The Human Services bill has been pulled off the web site because of an error.  It is no longer posted.

12:25 pm.  HF 25  HEALTH  & HUMAN SERVICES

An urgency is declared by a voice vote.  Rep. Abeler presents the bill.  It is now posted again.  The summary is attached.   It is 1:00 AM.  Passed 71 – 57.  I voted no.

The two remaining bills; State Government Finance and E-12 Education have not yet even been posted for the public to see.

1:20 AM  E – 12 is now posted.

Here is a patch story on the Special session.

2:06 AM  State Govt Finance posted

2:22 AM  HF 26 E – 12 EDUCATION

An urgency is declared on a voice vote.  Rep. Garafalo presents the bill.  Rep. Greiling responds.  Only one other state in our country that uses the school shift model…California…however, we are borrowing more than California from our schools.  It took 15 years to pay off the 1987 shift of 80/20.  This bill has a 60/40 shift.  Rep. Greiling and Rep. Erickson also spoke as did others.

2:46 AM  I vote no.  Passed 71 – 56.

3:05 AM  It appears the last bill has just come over from the Senate …  SF 12 STATE GOVERNMENT FINANCE.  An urgency is declared on a voice vote.  Rep. Lanning rises to thank staff for their work and present the bill.  Rep. Kahn supports the bill.  Other speakers urge a no vote…any funds that have lessened the cuts are coming from the tobacco securitization and the school borrowing.  I voted no.  Passed 81 -47.

3:23 AM  we have to wait until the Senate is done before adjourning.

3:37 AM  we are moving to inform the Senate and the Governor that we are about to adjourn the special session.  Approved.

Motion to provide for corrections by the Clerk.

Majority Dean moves to adjourn the Special Session sine die at 3:38 AM

State Representative Rick Hansen

247 State Office Building

(651) 296-6828

On the Senate side there was an interesting debate about the tax bill, which on a 37 to 27 vote, the Senate passed. HF 20, the omnibus tax bill includes the sale of $700 million dollars worth of bonds from expected tobacco settlement revenue. Sen. Bakk’s speech starting at 29:20 about the huge flaws with tobacco bonds and how the GOP budget is creating a $4 billion deficit two years from now.

Here is the link:  Senate media


 

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