Session Weekly April 25, 2003, Volume 20, Number 16
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APRIL 25, 2003 VOLUME 20, NUMBER 16 In this issue: CONCEALED CARRY PASSES PERMIT REGULATIONS, RAIL AUTHORITIES, AND MORE HF1557-HF1579 ESSION S Weekly Session Weekly is a nonpartisan publication of the Minnesota House of Representatives Public Information Services. During the 2003-2004 Legislative Session, each issue reports daily House ac- tion between Thursdays of each week, lists bill introductions and upcoming commit- tee meeting schedules, and provides other information. The publication is a service of the Minnesota House. No fee. CONTENTS To subscribe, contact: Minnesota House of Representatives IGHLIGHTS Public Information Services H 175 State Office Building Agriculture • 5 Environment • 8 Law • 11 St. Paul, MN 55155-1298 Arts • 6 Ethics • 9 (651) 296-2146 or Local Government • 11 1-800-657-3550 Consumers • 6 Government • 9 Recreation • 12 TTY (651) 296-9896 Crime • 7 Health • 9 Safety • 12 Education • 7 Housing • 10 Taxes • 13 Director Elections • 7 Industry • 10 Barry LaGrave Assistant Director LeClair G. Lambert Editor/Assistant Director FEATURES Michelle Kibiger AT ISSUE: LOCAL GOVERNMENT — Lawmakers are questioning the roles of re- Assistant Editor gional rail authorities, established more than 20 years ago to study Mike Cook utilization of existing railroad facilities. • 14 Art & Production Coordinator Paul Battaglia AT ISSUE: SAFETY — The House has again passed a measure that would Writers change the way concealed weapons permits are granted in Minnesota. • 15 Miranda Bryant, Patty Janovec, Jeff Jones, Tom Lonergan HISTORY — The Board of Animal Health, celebrating its centennial this year, Chief Photographer continues battling animal diseases that could affect humans as well. • 16 Tom Olmscheid Photographers Andrew Von Bank, Kristine Larsen Office Manager DEPARTMENTS/RESOURCES Nicole Wood It’s a Fact: Preserving resources • 4 Bill Introductions (HF1557-HF1579) • 22 Staff Assistants Resources: Minnesota State Government • 17 Committee Schedule (April 28-May 2) • 22 Christy Novak, Joseph Rude Resources: State and Federal Offices • 19 Reflections: Capitol architecture • 23 Governor’s Desk (CH1-CH20) • 21 Minnesota Index: Minnesota nurses • 24 Session Weekly (ISSN 1049-8176) is published weekly during the legislative session by the Minnesota House of Representatives Public Information Services, 175 State Office Building, St. Paul, MN 55155-1298. Periodicals postage paid at St. Paul, MN, and at additional mailing offices. POSTMASTER: Send address changes to Session Weekly, Public Information Services, Minnesota House of Representatives, 175 State Office Building, St. Paul, MN 55155-1298. Printed on recycled paper which is 50% recycled, 30% post-consumer content. On the cover: A group of fifth graders from Orono Elementary School are reflected in a Civil War flag case as they walk through the Capitol Rotunda during an April 17 historic tour. — Photo by Kristine Larsen 2 April 25, 2003 IRST READING F★ ★ ★ for additional traffic capacity projects. The House Environment and Natural Re- Strange roadbed-fellows sources Finance Committee held a hearing April 23 to review the provisions relating to House committees at odds over environmental permit wetlands restoration contained in the omni- bus transportation funding package. process for road projects Specifically, the transportation bill would: • limit native species planting permit require- BY NICOLE WOOD Resources, Minnesota Association of Water- ments; etlands are recognized under state law shed Districts, Association of Minnesota • exempt counties from securing any permits for conserving surface waters and Counties, Pollution Control Agency, and De- for work within rights-of-way on existing W underground moisture, maintaining partment of Transportation — have negoti- roads; and improving water quality, preserving wild- ated a compromise plan that emphasizes early • expand the approved restoration zone for life habitat, providing recreational opportu- coordination between all involved parties. wetlands replacements for certain projects; nities, reducing runoff and stream Rep. Dennis Ozment (R-Rosemount) has and sedimentation, providing for floodwater reten- added the so-called “alternative consensus lan- • reduce wetlands replacement ratios from 2:1 tion, helping moderate climatic change, and guage” to the omnibus environment and natu- to 1.5:1 for public transportation projects enhancing the natural beauty of the landscape. ral resources finance bill (HF779). in those counties classified as having at least The state’s Wetland Conservation Act, as the Ozment said that while he recognizes the 50 percent but less than 80 percent of the collection of laws protecting the resource is transportation committee is “of a different mind,” wetland acreage, as it existed before the known, emphasizes a “no net loss” approach he believes many of the frustrations are caused state’s settlement, intact. Affected counties in preserving the quantity, quality, or biologi- by the permit process itself rather than the extra would include Anoka, Becker, Benton, cal diversity of wetlands. Chisago, Morrison, Otter Tail, Transportation authorities — Sherburne, and Todd. most often counties — are required Currently, wetlands affected by to replace wetlands values and re- transportation projects in the store native plantings under an ex- seven-county Twin Cities metro- tensive road project permit process. politan area must be replaced in Generally, the local government unit those same counties. The trans- responsible for administering per- portation bill would instead allow mits under the Wetland Conserva- for the replacements within a ma- tion Act is the city or county, but it jor watershed that drains into the also could be a watershed district or defined metropolitan area. soil and water conservation district. While most acknowledged the Although the Legislature has at- need for more flexibility in the tempted to streamline the permit process, critics of the Kuisle trans- process over the years, the paper- portation plan testified that it work can be difficult because a va- could roll back the state’s goal of riety of local, state, and federal no net loss of wetlands, reduce lo- PHOTO BY ANDREW VON BANK government units have jurisdiction cal control, and perhaps put fed- over wetland areas. Anoka County Highway Engineer Doug Fischer, left, and Anoka County Com- eral funds at risk. missioner Dennis Berg, right, testify before the House Environment and Natu- “In doing this, we can save a lot The House transportation finance ral Resources Finance Committee April 23 during a discussion of environment of money in the way we do roads,” and policy committees heard testi- provisions in the House Transportation Finance Committee’s omnibus bill. mony earlier this session from Kuisle countered. “It’s not an at- groups seeking administrative relief from certain costs related to environmental mitigation. tempt to undo the wetland bill.” requirements under the permit process. The provisions included in the environment Representatives from Anoka County offered In response to frustration over costs, delays, finance bill would: examples of seemingly prohibitive mitigation and duplicative governmental permit require- • provide public transportation authorities costs. The county recently spent more than ments, a revised wetland replacement ratio and with at least a 45-day notice before water- $2 million in environmental costs for a 3-mile other wetlands law modifications are advanc- shed districts revise or establish rules; project, according to County Commissioner ing in the omnibus transportation finance plan • reinstate a process for public transportation Dennis Berg. (HF627), sponsored by Rep. William Kuisle authorities to appeal decisions by water- But others argued the length of road is not (R-Rochester). shed districts to the Board of Water and Soil directly proportional to the environmental Meanwhile, government units who operate Resources; and mitigation needs. “What may be a minor road under the wetlands law and affected stakehold- • allow for transportation authorities to pur- project may be a major water management ers — including the Board of Water and Soil chase credits from the state wetland bank project,” said Tim Kelly, Coon Creek Watershed Session Weekly 3 District administrator. The Anoka County testimony also high- lighted practical challenges to implementing native grass planting requirements. Incorporating high quality native grasses Preserving resources requires occasional burnings, County High- 1970 committee balanced water conservation with property rights of farmers way Engineer Doug Fischer said, but burning ditches and medians in the high traffic met- Since early in the state’s history, Minnesota’s $6 million. Federal purchases included an- ropolitan area is “quite problematic.” leaders have been aware of the abundance of other 70,000 acres. According to the subcom- However, Bonnie Harper-Lore, restoration wetlands in the state. However, a clear direc- mittee report, 600,000 acres of wetlands in the ecologist with the Federal Highway Transpor- tion for managing those wetlands was lack- state were located on private land. tation Administration, advised the committee ing in the early days. More than 100 years after Several witnesses testified that the state of the federal interest in native plants and statehood, lawmakers were still grappling with should continue acquiring wetlands for warned funding could be withdrawn if inva- the proper balance between maintaining wet- wildlife