Capitol Letter for April 4, 2022
The Capitol Letter™ is a recurring publication that provides reports from LWV Minnesota volunteer Observer Corps and Lobby Corps members on what is happening in the current legislative session.
Climate Change
Nuclear power is safe, reliable, says Senate hearing
The DFL continues to oppose lifting the moratorium for new nuclear plants in Minnesota, but an informational hearing in the Senate last week challenged that position as a means for tackling climate change. Sen. John Marty (DFL–St. Paul), who is a leading environmental advocate in the legislature, warns against relying on nuclear technology to meet carbon emission reduction goals and says the cost of building plants will likely fall on ratepayers when there are steps governments and utilities can take now. The LWVUS position is to “oppose licensing of construction of nuclear plants”, which you can read more about in the Observer Corps Reports section with testimony from LWVMN’s own Kathleen Doran-Nortan.
Do tax credits to slow climate change stand a chance?
HF3320 and SF3397 would introduce climate change expenditures for Minnesotans to receive a tax incentive from energy efficient upgrades, purchasing an EV,f and installing solar panels. The House bill was staunchly opposed by Republicans and business groups who insist that climate change is not real or to not interfere with the market.
Rep. Patty Acomb (DFL–Minnetonka), who sponsors the House bill, believes the tax incentive would inspire Minnesotans to take actions to reduce greenhouse gas emissions and slow the effects of climate change. The bill was laid over for possible inclusion in an omnibus taxes bill; its Senate companion, sponsored by Sen. David Senjem (R–Rochester), awaits action in the Senate Energy and utilities Finance and Policy Committee.
There is some hesitation that the bill will achieve what it wants. Director of legislative affairs at the Center for Energy and Environment said tax incentives can sometimes encourage residents to make other improvements, like insulation, rather than investing in an environmental forward choice. The GOP has criticized climate change overall, as Rep. Greg Davids (R–Preston) calls it “junk science”.
Metro transit increasing electric bus fleet
The Metropolitan Council plans to extend from eight to 108 electric buses by 2027 after research on achieving zero emissions and transition to electric. Using the $3.2 million from the governor’s supplemental budget and federal funds to purchase buses, measuring the performance of their fleet and changes in technology will determine the speed of transportation in the Twin Cities.
HF4653, by Rep. Athena Hollins (DFL–St. Paul), and SF4364, by Sen. Lindsey Port (DFL–Burnsville), would assist school districts in purchasing electric school buses that could improve academic performance, according to studies.
Lawmakers advise 25 more years of environmental fund
The lottery-funded environmental program would add around $12 million a year, or 50% of the revenue, from scratch-offs and lottery ticket sales to tackle invasive species, protect waters, and restore habitats. The bipartisan proposal would not be used for wastewater treatment upgrades and other necessary infrastructure projects, a sticking point among government leaders.
SF4131, authored by Sen. Carrie Ruud (R–Breezy Point), would place it on the ballot this year. It is co-authored by Sen. Foung Hawj (DFL–St. Paul). The bill would extend the existing amendment that requires the Legislature to allot 40% of money from lottery ticket sales to the environmental fund, which expires in 2024, asking voters to extend it until 2050. If passed, the changes would increase the funds to about $92 million a year.
MnDOT must keep reduced driving goals in place
The Sustainable Transportation Advisory Council (STAC) advised MnDOT on clean transportation goals, the largest source of carbon pollution in the state. Reducing vehicle miles traveled (VMT) by a total of 20% through the completion of bike, transit, and walking networks could achieve emission reduction goals and advance environmental justice, according to leaders on the issue. STAC recommendations can limit driving time in the metro rather than simply improving access and setting individual goals for multimodal transportation as the agency is presenting.
The House is amending HF3931, by Rep. John Huot (DFL–Rosemount), to ensure that 40% of the tax revenue goes to transit which voters established in 2006.
Democracy
Midterms are underway
Midterms are fast approaching. Historically, the first midterm of a president’s career favors the minority party, which would call for a red surge this fall. Now, with newly drawn maps across the country, all eyes are on the primaries. Read MPR for an up to date calendar.
Racial Justice
Bill targeting racial homeownership gap advances in the House
HF4317, by Rep. John Thompson (I–St. Paul), would create an affordable homeownership incentive account with the goal of “increasing affordable homeownership opportunities focused on servicing African American and African immigrants and other protected groups that own homes at disproportionately lower rates than white households”. According to the Council for Minnesotans of African Heritage, black home ownership is 33% lower than white home ownership. The bill would direct $40 million to the council to create and administer the program. It passed 6-2 on party lines; the bill will now move on to the House State Government Finance and Elections Committee. There is no Senate companion.
Minneapolis’ teachers of color layoff protections
MPS is implementing a new policy to shield teachers of color from layoffs. Per the new contract, teachers will be subject to layoffs according to seniority, unless they are “members of a population underrepresented among licensed teachers”. The hope is to diversify the school district's workforce—only 18% of teachers are people of color, compared to 62% of students. Additionally, it would work to close Minnesota’s startling achievement gaps between white students and students of color. Some worry about its legality and potential lawsuits.
Other Legislative News
$25M passed for ALS research
With overwhelming bipartisan support, the Minnesota legislature passed $25 million for ALS research and caregiving, making it the largest investment by a state in the nation. Sen. David Tomassoni (I–Chisholm) was diagnosed with ALS last summer, who hopes this bill will “go a long way to finding a permanent stop to any progression”.
Observer Corps Reports
LWVUS nuclear position
With commentary from LWVMN Observer Corps Member Kathleen Doran-Norton
The LWVUS’ position is to “oppose licensing of construction of nuclear plants” However, state and local leagues can oppose plants now under construction or support the licensing for construction based on “careful consideration of the need for power and of available alternatives” after receiving national approval (LWVUS Positions, pg 101). Kathleen Doran-Norton summarized the position of LWVMN in Monday’s Lobby and Observer Corp meeting: “The problem with nuclear power is not a scientific argument but a strategic issue. First of all, spent fuel from Prairie Island [Nuclear Power Plant] and others is an environmental justice issue. The Prairie Island community must deal with the spent fuel rods while the plant’s location and storage next to a changing Mississippi River might create dangerous conditions in future decades. Second, by extending the distribution, transmission, and battery storage of solar, wind, and other renewable energy resources, Minnesota can meet 90% of its energy needs now. Extending ethanol and nuclear are simply distractions from the actions that we need to take in this decade to reduce our carbon emissions. We can have a discussion about nuclear, but we must reduce our carbon emissions with the technology that we have now.”
Senate Civil Law and Data Practices Policy Hearing - March 29, 2022
Submitted by LWVMN Observer Corps Member Cathy Thom
The hearing was on SF3665 authored by Sen. Mark Koran (R–North Branch). The bill covers data classification in the statewide voter registration system. Sen. Karla Bigham (DFL–Cottage Grove) emphasized that this could legalize the release of names and addresses for minors, since Minnesota allows 17-year-olds to register if they turn 18 by election day. Nicole Freeman, from the Secretary of State’s office, said that could happen if it did not exempt voters in “pending” status until they turn 18. Sen. Koran said the bill would be amended to exempt pending registration voters.
Sen. Bigham inquired what the penalty would be for misusing the data in ways not specified within the law; no one present could answer the question. She thought that a penalty should be added, saying it is a bigger problem for state agencies to provide public data than to provide any penalties for abusing data that is obtained. Sen. Bigham continued that this could also make public registered voters whose status is being challenged and not resolved; Freeman replied that yes, it would likely be interpreted that those challenged statuses would be made public by this bill.
SEn. Jim Carlson (DFL–Eagan) asked for reassurances that the Safe at Home Program would not be changed by this bill. Freeman replied that this bill does not affect the Safe at Home Program, but generic data of total numbers in the program would be available in order for voter counts to better match with election count data.
There was a motion to adopt an oral amendment composed and read by the Senate Council which would make registration data of minors and pending registrations private. The amendment was passed by a unanimous vote.
Sen. Ron Latz (DFL–St. Louis Park) reiterated Sen. Bigham’s questions about challenged voter data being made public, and no penalty for misusing the data. He called the lack of a penalty a “fatal flaw”. Senate Council Premo replied that a current statute would make it a felony if that statute was indicated to apply in the case of this bill. Sen. Latz said he would prefer a lower standard of “reckless disregard” rather than “intentional” misuse as the current statute indicates.
Sen. Carlson said that it could potentially lead to harassment, and in the case of more common names like his own, misidentifications and incorrect assumptions could be made as well. Freeman added that there are many ways that challenges happen within the database system, such as death, change of names, change of address, and that the system does end up with many challenges that are resolved as errors or mistaken identities that take awhile to remove from a voter’s record. Sen. Koran replied that “transparency is the greatest thing we can provide to our public”.
The bill was passed to general orders by a voice vote.
Senate Energy Hearing - March 29, 2022
Submitted by LWVMN Observer Corps Member Amy Caucutt
The hearing went over two of Sen. David Senjem’s bills (R–Byron): SF4089, solar for schools, and SF4119, a solar production incentive. Testifiers from MNSEIA and ALL Energy Solar both spoke in favor and outlined how the bill would increase solar use and new energy sector jobs. Rick Evan of Xcel Energy was very opposed, stating many times that these projects have no proof of payoff and that they are not innovative; merely a buside from Xcel ratepayers to other private companies. It was startling to watch his vehement opposition as he sat at the witness table next to the author and chair of the energy committee.
House Climate and Energy Hearing - March 29, 2022
Submitted by LWVMN Observer Corps Member Amy Caucutt
HF2083, by Rep. Todd Lippert (DFL–Northfield) was heard for information only. GOP members of the committee were irate. Rep. Chris Swedzinski (R–Marshall) said "just do a press release" if you are not allowing rebuttal witnesses..."only allowing leftists and quasi-religious environmentalists to speak…This is tone deaf to increased fuel costs. Truckers already buy in Wisconsin and Iowa”.
The testimony on the bill, titled future fuels act, which establishes a clean fuel standard, included 9 stakeholder groups,not all environmental, that complimented the author, although a couple environmental groups could not fully support the bill yet, despite a good amendment.
HF4654, by Rep. Jaime Long (DFL–Minneapolis) was briefly heard. It is the Dep. of Commerce supplemental budget bill, and appears to be the vehicle for the committee's omnibus bill. A couple of questions from committee members were answered. Rep. Lee, chair of the capital investment committee, wanted to know which public utilities are asking for money for water projects; answer was that the Public Facilities Administration, which grants and loans to local governments for this purpose now, does not over pre-development plans which is what the commerce bill attempts to fund. Rep. Gruenhagen had his usual question about these bills not funding cleanup costs at end of life of solar gardens and windmills, and as he always notes, "31,000 scientists say CO2 is not a problem". This bill will be marked up next week.
Senate State Government Finance and Policy and Elections Hearing - March 30, 2022
Submitted by LWVMN Observer Corps Member Cathy Thom
SF3283, by Sen. Lindsey Port (DFL–Burnsville), as amended, prohibits a candidate for the legislature or constitutional office, the candidate’s principal campaign committee, or a political committee or party unit from soliciting or accepting, at any time, a contribution from a registered lobbyist, political committee, political fund, or an association not registered with the board, if the contribution is in exchange for:
1) a lobbyist or other individual gaining special access to an area where candidates are likely to gather; and 2) the purpose of the special access is to facilitate informal meetings with candidates during a regular or special session.
For purposes of the bill, “special access” means the privilege to enter and use a space that is not freely available to the public or that is subject to the discretionary approval of the candidate, principal campaign committee, or a political committee or party unit.
Testimony in favor of the bill was from campaign finance officials who pointed out that there were numerous occasions during the campaign season where lobbyists “prepaid” via campaign donations in order to obtain exclusive (members of the public not invited) special VIP access to members of the legislature during the legislative session. Currently, although it violates the spirit of current MN campaign finance law, it is not technically illegal.
Sen. Jeff Howe (R–Rockville) objected that the law included “other individuals” could mean that legislators cannot meet with individual donors privately at their home or business, and Sen. Mary Kiffmeyer (R–Big Lake) also expressed concern about this issue. Sen. Port replied that the other conditions have to be true before it becomes an issue. It has to be from a lobbyist, PAC, or a clear quid pro quo with that constituent where they paid for exclusive access during the session.
Sen. David Osmek (R–Mound) inquired how to determine intent, and who is the enforcing mechanism to determine intent? Sen. Port replied that like with all campaign finance complaints, it would be the Campaign Finance Board. The representative from the Campaign Finance Board followed up by stating that they would look for 1) an actual exchange and quid pro quo transaction 2) if there was, did the meeting take place during the legislative session. He stated that it would not be any more difficult to determine than other types of campaign finance complaints.
Sen. Osmek called it “squishy language,” and asked if organizations like Education MN would be included. Campaign Finance representatives said that Education MN and others are already registered with the Campaign Finance Board, and so are covered under previous campaign finance laws.
Sen. Kiffmeyer said that the bill needs to be tweaked so it does not have a “chilling effect” on constituent meetings. Sen. Port replied that there are three pretty specific requirements that must be true before the law would be applicable.
The bill was laid over without a vote.
Senate Judiciary and Public Safety Finance and Policy Hearing - March 30, 2022
Submitted by LWVMN Observer Corps Member Cathy Thom
SF2673, by Sen. Warren Limmer (R–Maple Grove), was heard. This bill serves as the Senate Public Safety omnibus bill. It creates special criminal codes for carjacking, fleeing from police in a motor vehicle in a manner which endangers public safety, and organized retail theft. It also makes changes to certain sentencing guidelines, particularly for repeat offenders, violent offenders, murder of an unborn child, and crimes committed with firearms. It would allow financial data warrant validity to be extended from 10 to 30 days.
The bill would also require that the eight currently appointed (by the Governor) members of the Public Sentencing Commission be confirmed by the MN Senate.
A DE Amendment and the Chairman’s Recommendations documents provide fiscal data for appropriations.
The bill was presented in full to this committee on March 29, 2022, and was taken up again today to include public testimony.
Testimony was from various law enforcement, judicial and court, county, and mental health officials who praised various provisions of the bill; particularly funding for court staff, law enforcement (body cameras, recruitment, training, retention & mental health), and for county probation services. Law enforcement expressed support for increased penalties for carjacking and fleeing police in a vehicle, which are increasing in frequency and levels of violence and danger to the public.
Lisa Walker, a citizen from SE Como neighborhood, testified as a crime victim who told the story of how she and her daughter were victims of a violent home invasion and car theft and the PTSD that it caused them, particularly her college-aged daughter who can no longer attend the University of Minnesota classes in person. Ms. Walker testified that the perpetrator in her case was a repeat offender who was previously treated too leniently, particularly in regard to the dismissal of firearms charges. She expressed support for the bill's increased penalties for perpetrators of crimes using firearms, as well as for repeat violent offenders. Said that the increased funding for the courts will help overwhelmed staff to better discern those in the system who can be rehabilitated with things like probation and those who truly need incarceration.
The committee will take action on the bill on Friday, April 1, 2022.