Sent Via Email

May 6, 2021

Senator Representative Rick Hansen Senator Representative Ami Wazlawik Senator Representative Kelly Morrison Senator Representative Peter Fischer Senator Representative Josh Heintzman

Chair Ingebrigtsen, Chair Hansen, and SF959 Conferees:

On behalf of the Inter-County Association (MICA) and its 15 member counties, including four suburban and 11 Greater Minnesota counties, we offer the following comments on selected provisions of SF959/SF959-1UE.

Thank you, to both the House and Senate, for including language that strengthens Minnesota’s oversight of our groundwater aquifers by prohibiting certain high-volume extractions for bulk transport and sale. MICA strongly supports House Article 5, sections 85-876 and Senate Article 2, sections 87-88. The changes are needed to prevent bulk groundwater extraction that could destabilized local water resources, such as the dozens of wells, streams, and wetlands that would have been negatively impacted had a 2019 developer proposal been allowed to proceed in one metro county.

MICA supports and encourages conference committee approval for:

 Restoration of Closed Landfill Trust Funds – House Article 1, section 2, subd. 10 repays $1.125 million of $13.905 million transferred out of the Metropolitan Landfill Contingency Action Trust (MLCAT). MLCAT, and a similar statewide fund, the Closed Landfill Investment Fund (CLIF), were established to pay the long-term care costs of eligible closed landfills. A recent MPCA report highlighted the significant risk these landfills pose to public and environmental health, finding that PFAS levels in nearby groundwater exceeded the Department of Health levels at 59 such sites. Projected long-term care costs for eligible landfills already surpasses current trust account balances; costs of $309 million compared to $120 million balance for CLIF, and costs of $65 million compared to a $14 million capacity for MLCAT. And more landfills will become eligible for trust fund coverage. MICA urges legislative leaders and conferees to use a portion of any available one-time funds, including ARPA funds if allowable, to fully restore past transfers out of these critical trust funds.  Storm Water Rules Technical Correction – Senate Article 2, section 137 clarifies a 2019 law change related to the application of stormwater rules.

 SCORE Grant Funding— Senate Article 1, section 2, subd. 7 increases funding for SCORE grants by $2.8 million per year to assist counties and other local stakeholders to expand and enhance reuse and recycle efforts.  Increased AgBMP Loan Funding—Senate Article 1, section 4 appropriates $1.0 million to the Board of Soil and Water Resources for rural landowners to replace failing septic systems that inadequately protect groundwater. A similar House provision (House Article 1, Section 2, subd. 5) appropriates $1.0 million each year for increased AgBMP loans. We prefer the higher funding level and understand the funds are typically appropriated from the General Fund to the Commissioner of Agriculture.

Additionally, we appreciate Chair Hansen’s removing language to make counties ineligible for Clean Water Fund grants if a $25 mortgage and deed transaction fee is not imposed for dedicated Soil and Water Conservation District (SWCD) funding (House Article 6, section 3). We remain concerned, however, that requiring counties to impose the fee does not recognize that most counties already prioritize funding for the important work of their SWCDs, and that the fee revenue generated would vary widely depending on the strength of regional economies.

We also appreciate the Senate’s revised proposal to use general funds, rather than MLCAT, to repay state bonds related to an innovative solar installation project at the Anoka-Ramsey closed landfill. As the committee continues its work, we encourage reconsideration of Senate proposed reductions to recycling composting grants (Article 1, section 2) and Metropolitan Regional Parks (Article 1, section 5).

Finally, increased funding to support work by county governments and local partners to manage aquatic and terrestrial invasive species is a key priority for our members. We support funding increases proposed for those efforts in SF959.

Thank you, to all conferees, for your work throughout the 2021 legislative session. We are available to respond to questions that conferees may have on these, or other provisions impacting county governments.

Sincerely,

Matt Massman, Executive Director Minnesota Inter-County Association