Capitol Letter for March 17, 2023

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.


Lobbying by LWVMN

We Choose Us Lobby Day Press Conference with the bill authors of HF/SF3, Secretary of State Steve Simon and community leaders. The Democracy for the People Act will empower more voters and strengthen elections. This bill would engage youth and streamline work for election workers while improving accessibility. LWVMN and coalition leaders drew on their experience in meetings with legislators to support the bill this past Thursday, March 16th!

The Cumulative Impacts Bill, supported by the Minnesota Environmental Partnership, passed its Committee on Tuesday. Also, reinstatement of the MPCA Citizens’ Board was laid over for possible inclusion in an omnibus bill. LWVMN Member Kathleen Doran-Norton testified (1:09:10 - 1:16:10) in support of this important bill (to be re-named the “community board”).

Observer Reports

House Climate and Energy Finance and Policy - Tuesday, March 7

LWVMN Observer Corps Member Melanie Willett

  • HF2014 - Supplementary Weatherization Grants, laid over. This was a bipartisan bill back in 2020 to add supplementary weatherization grants since only 12-18% of Minnesotans are able to access weatherization funds, ranking us 16/20 in the northern states for access with 40% of applications being denied due to pre-weatherization requirements. Weatherization is about energy efficiency and conservation, and this bill focuses on assisting the elderly and disabled in our communities and creating sustainable jobs. Michelle Grantsy from MN Department of Energy and Commerce testified in support of the bill and said that the income of those receiving grants is 50% of the median income or less and focuses upon multifamily complexes. Bill Grant from the Minnesota Community Action Partnership (MCAP) supports accelerating weatherization because of restrictive federal program rules. Jason Foy from Tri-County Community Action noted that clutter in homes was a reason for deferral in pre-weatherization. The 100% Campaign also testified in support. Rep. Swedzinski wondered if there were clawbacks (no). Rep O’Neill wanted clarification on pre-weatherization criteria, such as tainted siding. Pre-weatherization is outlined in the bill.

  • HF849 - Grant program established to upgrade electric panels on residential buildings, laid over for possible inclusion. This money is designated for those categorized as low or moderate income. Those who testified in support were; Eric Fowler (Fresh Energy), Jay Snope (International Brotherhood of Electrical Workers), Mike Robertson (TC Habitat for Humanity), and Mike Bull (MN Power). There were questions and concerns posed by Swedzinski who mentioned that there should be clawbacks as it is not affordable in this form. Rep. Garofalo said upgrading to electric is not necessary. Hollins replied, “I blow a fuse every time there are two laptops plugged in and I turn on a hair dryer. Is that the universe telling me I shouldn’t have dry hair?” O’Neill said that there were discussions about Smart Panels which are four times more expensive than traditional panels. She felt that there were security concerns with this technology.

  • HF1973 (Acomb) Adopted and re-referred to Environment and Natural Resources Finance Policy, where it was laid over on 3/14. This bill is known as the “Next Generation Climate Act” and relates to state greenhouse gas emissions reduction goals. The current NGEA is based in science from 2007 and needs to be updated to current scientific goals and Minnesota’s Climate Action Framework while being mindful of disadvantaged communities and providing regular progress reports. Frank Kohlasch (MPCA), Kate Knuth (100% Campaign), Dr Heidi Roop (UMN MCAP) and Ellen Anderson (Minnesota Center for Environmental Advocacy) all testified in favor of HF1973. Rep. Acomb responded to a question from Swedzinski about penalties that she would “like to use carrots rather than sticks.” to which Rep. Swedinski responded, “Three billion people burn feces and sticks to cook with and heat homes.” Rep. Igo, representing parts of Northern MN, mentioned that pollution is a global problem and we should be concerned with the pollution from manufacturing solar panels in other countries.

Senate Energy, Utilities, Environment and Climate - Monday, March 13

LWVMN Observer Corps Member Cindy Holker

  • SF2301 (Xiong)-. This bill creates the ‘Minnesota Innovation Finance Authority’ to speed adoption of clean energy projects.The public finance authority will fill the gap in financing for smaller and individual entities (similar to what are referred to as Green Banks in other states). The goal will unlock private funding since each government $1 gains $3.58 of private investment and helps the state access $27B in funds authorized for Clean Energy in the Inflation Reduction Act. The body will be required to report out results annually and is expected to become self-sustaining. Testimony was in favor of the bill and came from the Coalition for Green Capital, Minnesota Interfaith Power and Light and Jeremy Kalin from Avisen Legal. Concern from Republicans during the discussion focused on expanding government, and creating an agency that can foreclose and then own property. They felt that the bill wasn't fleshed out enough and were concerned that the auditing of the agency would be done by the agency itself. DFL Committee members pointed out that Minnesota taxpayers have paid into the federal government so should be able to access the funds for clean energy. Bill was referred to the State and Local Government and Veterans Committee by roll call vote along party lines 8 to 5.

  • SF2201 - Energy Guidelines for State Buildings to Incorporate a Provision for Resiliency with Respect to Climate Change Requirements. Sustainability provisions were passed into law in 2001 for all new construction done by the State and for major remodels in 2008. This bill refers to sustainability as incorporating techniques that positively impact or benefit the environment and refers to resilience as building techniques that would be able to respond, absorb and adapt to climate change. No discussion was had and the bill was passed unanimously to the State and Local Government and Veterans Committee via voice vote.

House Elections Finance and Policy - Wednesday, March 15

LWVMN Observer Corps Member Cathy Thom

  • HF2746 (Hicks) - improving access to polling places to be administered through the counties. Nicole Freeman - MN Secretary of State's Office - further explained that schools, churches, and other older buildings (pre-1990 before passage of Americans with Disabilities Act (ADA)) are used as polling places with accessibility issues from ramps and elevators to door widths, door handles & auto-open features. This grant program will also provide targeted funding for increasing and improving accessible voting machines, and increasing the number of election workers who can assist those with disabilities with voting. Rep. Torkelson, minority lead, asked if there was a cap on the maximum grant that could be given to one entity, or could one locality "suck up" all of the funds. Ms. Freeman replied that it would be prorated like other grant programs to which Rep. Torkelson responded if this could be interpreted as a "state takeover of county responsibilities." The bill was laid over without a vote.

  • HF2337 (Greenman) - This bill would adopt the 2002 electioneering standard - BICRA - (as opposed to the express advocacy standard that MN currently has) for definition of and reporting requirements to match federal law. Under current MN law, voters don't know who pays for independent attack ads that can heavily influence our elections, especially those that are issue-related and deliberately misleading or inaccurate. Reporting would include: who paid for the ads, what candidate(s) are being targeted, and when and to what audiences the ads will be targeted. The bill also doubles the penalties for those independent groups and individuals who repeatedly violate the reporting standards. Sharon Tornes  - Clean Elections MN - Testified in support of the bill because it would empower voters by informing them who is paying for these ads released during election cycles. Many spread disinformation or mislead while operating in near secrecy, since they evade reporting requirements because they don't expressly advocate for a particular candidate. Rep. Torkelson asked about electioneering vs a "normal" election ad. Rep. Greenman expounded that an express advocacy ad is quite explicit in regard to its references to an election, a particular race between two candidates, or a particular candidate, and it already has a high reporting standard. An issue ad that targets a candidate right before the election without explicitly referencing the election itself and comes within 60 days of an election would fall under electioneering standards. It does not ban the ads, but it enhances the reporting standards for them - and these must be reported in advance of airing them. Rep. Torkelson asked if the standard should avoid the time stamp just prior to the election, and Rep. Greenman replied that the bill is simply meant to level the playing field during the actual pre-election period and holding these issue ads to the same standard to which the express advocacy ads held and agreed to continue working across the aisle on tweaking the bill. Rep. Bahner emphasized that the does not interfere with free speech, but it shines a light on who is trying to influence elections and voters of which voters have asked for. The bill was re-referred to the Judiciary Committee by a near unanimous voice vote (there was one no heard).

  • HF1776 - Lobbying provisions expanded - Author, Rep. Coulter explained that this bill came from a presentation from the Campaign Finance Board (CFB), who pointed out that only lobbyists must be registered as lobbyists with the CFB, and lobbyists must register with the CFB only if they exceed a ceiling of $3000 in lobbying income for lobbying state officials, but do not have to register if they exceed that for lobbying local officials. The gift prohibition would be expanded to all local officials without any gray areas that currently exist. Money was appropriated to cover the cost of one additional CFB staff member. Rep. Torkelson asked if the bill could just incorporate the larger cities in the outstate areas without incorporating more rural areas. Rep. Coulter said that the League of MN Cities has no objections to the bill, and also that transparency is important regardless of size since open meeting law applies everywhere, and lobbyist reporting should as well. More detailed discussion took place before the bill was laid over.

  • HF2394 (Freiberg) - Campaign finance & economic interest statement provisions modified. The Campaign Finance Board has recommended increasing disclosure requirements for candidates in regard to conflicts of interest for family members & boards on which they serve, and reduces the conflicts of interest reporting for certain low-level boards such as local watershed management organizations where stringent requirements would severely limit the pool of qualified candidates, particularly in rural areas of MN. Rep. Bliss and Rep. Torkelson expressed concerns about family/spouse privacy issues, particularly in regard to family trust disclosures and family businesses that are owned by multiple family members, respectively. Rep. Freiberg said that many spousal assets and entanglements are already disclosed for joint bank and investment accounts. Rep. Torkelson asked about the definition of "conflict of interest." Jeff Sigurdson of the CFB replied that it does not "define" a conflict of interest, but it simply discloses the potential for them and does not preclude anyone from running for an office due to them. The primary interest of the CFB is transparency. Rep. Freiberg reiterated in closing that it's not prohibiting anyone from holding property, it's simply meant to disclose potential conflicts of interest, which the public has a right to know when making decisions in regard to supporting particular candidates and in regard to their elected officials.The bill was laid over without a vote.

House Education Policy - Wednesday, March 15

LWVMN Observer Corps Member Kathleen Oganovic

  • HF2206 - This bill requires students to complete one credit of civics in 11th or 12th grade to graduate from High school, and repeals the requirement that students correctly answer 30 of 50 civics test questions through an amendment that passed with a voice vote to better align with its Senate Companion, SF618. Rep. Urdahl stated that the bill as amended would be more acceptable to a broader base. The bill was laid over to be included in the Education Policy Bill.

House Environment and Natural Resources Finance and Policy - March 15, 2023

LWVMN Observer Corps Member Rita Mills

  • HF2693 (Hollins) - Zero-Waste Grant Program. Representative Athena Hollins described the “bill in the making for several years” and emphasized that MN needs to invest in infrastructure to support a “zero-waste economy.” The grant program would be for small businesses, nonprofits, and local governments to overcome start-up barriers in reducing waste and working toward a circular economy by investing in source reduction and reuse particularly in environmental justice (50%) and rural (30%) areas. The grants would not be “one size fits all.”

  • Testifiers (4) in support: Eureka Recycling emphasized current environmental issues (supply chain disruptions, rampant plastic pollution, etc.) that need investments to tackle consumption. 40% of greenhouse gasses comes from linear consumption; therefore, it is very important NOT to create the “stuff” in the first place. Grant programs could be as basic as the purchase of dishwashers in a school to reuse dishes; installing a central water station for refillable bottles; or a community-scaled composting program. Common definitions are needed to close legislative loopholes, i.e., composting. ReuseMN (includes repair and resale stores, rental shops) emphasized that MN has more than 10,000 businesses with “reuse” as a primary function, providing some 45,000 jobs and generating about $5 billion in the MN economy each year, much of which comes from small businesses. Such a bill would support different aspects of a circular economy, redesigning items for reuse in addition to educational contributions (electronics area) with the overarching goal of decreasing the amount of material in landfills. Community Power MN emphasized the goal of people becoming energy decision makers and echoed many of the previous points. Repowered (formerly Tech Dump) emphasized the importance of electronic recycling which provides job opportunities, often for formerly incarcerated, and keeps some 3 million pounds of electronics out of landfills. Currently MN collects 23.7% of electronic recycling, thus the majority ends up in landfills and incinerators. Grants would assist in creating more jobs.

  • Testifier in opposition: Legal representative from National Waste & Recycling Association (NWRA) stated that MN has a successful recycling program led in part by the private sector. While NWRA generally is supportive of grant programs, it cannot support distribution of public funds for creation of infrastructure programs that will compete with private companies currently serving many communities in the state. The representative stated funds should only be used to fill gaps in the existing system, not to fund companies/projects/programs to compete with existing successful companies. In addition, proposed legislation creates redundancy and conflicting definitions of terms, i.e., zero-waste. It was stated that MPCA currently has structures in place.

  • Discussion: Questions were asked of the MPCA representative to clarify if some statements in the proposal were redundant. MPCA rep stated that there is some overlap and some differences in definitions; however, he stated that the overall goals of the proposal were in sync with MPCA and that definitions could be worked out. Laid over for possible inclusion in omnibus bill.

House State and Local Government Finance and Policy - Thursday, March 16

LWVMN Observer Corps Member Cindy Holker

  • HF2405 - This bill establishes a task force tasked with the coordination of management of efficient and effective state, local and private infrastructure.  Focus will be on enhancing the sustainability and resiliency of infrastructure throughout the state. No testimony was presented. This was modeled after a program in Michigan. Discussion from Rep. Nadeau (R) asked about results in Michigan that were presented in another Committee which showed a 20-30% cost savings on projects and have set the stage for an assets management champions program. Vote all in favor of re-referring the bill to the Transportation Committee.

  • HF2170 - Global warming impact standards for construction materials used in state buildings and roads. This “buy clean” bill was presented as a "unicorn" bill, meaning that all were in support. Testimony was all in favor including the Sierra Club and the United SteelWorkers Union. In particular the trades support his bill as it promotes the use of US made products and companies here have already adopted clean product standards that have not been adopted by cheaper imports. Some discussion surrounding an amendment to require a notification timeline to be sent to vendors. Rep. Nash (R) felt in the past that agencies have avoided granting contracts to vendors who they do not like by using poor or no deadlines for process. The Blue/Green Alliance and bill author indicated that this is a valid concern and will be worked on as the task force and related provisions continue to be formulated. The bill was passed unanimously via voice vote and re-referred to Climate and Energy.

Senate Elections - Thursday, March 16

LWVMN Observer Corps Member Amy Caucutt

  • SF1362 (Carlson) - "Elections Policy Omnibus" - many aspects of this bill had been heard in separate bills earlier in this committee. Senate staff gave an overview of the bill with the DE A-8 amendment. Sen Carlson stated that portions of the bill were GOP ideas such as the law changes to fundraising during session. Many of the bill items will make absentee balloting more friendly for last minute users like those sent to the hospital the day before an election. As noted by GOP Senator Bahr, he could support much of the bill, but not the National Popular Vote language, which Secretary of State Simon testified was very important. Two technical amendments were also added by the author; and attempts to remove National Popular Vote and spouse from campaign reporting requirements were defeated on a party line votes. Bill passed on party lines to the senate floor.

House Transportation Finance and Policy Committee - Thursday, March 16

LWVMN Observer Corps Member Cathy Thom

  • HF2092 (Hornstein) – Task force created to study possible restructuring of the Metropolitan Council to make the Met Council more responsive and accountable to the public it serves while preserving its necessary regional planning role.. Currently the members of the Met Council (created by the legislature in 1969) are appointed by the Governor. The Met Council representatives’ districts are redrawn after each census. They serve as a metro area regional planning body, and the boundaries of their authority are fluid, extending outward to all cities/communities which are served by its Metropolitan Utilities Service Area (MUSA), which is a massive wastewater treatment system which processes over 250 million gallons of wastewater per day at 7 wastewater treatment locations across the metro area, and as well as those communities served wholly or partially by Metro Transit services, including buses, smaller Metro Link vehicles for people with disabilities, light rail, and park and ride transit stations. They also help to monitor surface water quality within the metro area watersheds. All of these services are paid for by local sales taxes, fees on member communities, and rider fees. The MUSA system also spares metro communities the significant expense of building, maintaining, and replacing their own wastewater treatment plants. There were many testifiers in favor of the bill. It was pointed out that the Met Council is the only body of its kind in the country whose members are not elected, and that there has been mismanagement, particularly in regard to light rail transit construction and financing (North Star Rail & SW Metro Rail Lines). There were also local figures which explained that they feel overly constrained by Met Council rules and overburdened by fees. Rep. Murphy (R) – Said that he was surprised at how powerful, yet unaccountable to its member communities the Met Council is, and how expensive many of its requirements can become for communities within its jurisdiction, which hampers commercial development and the building of affordable housing. He said that in many cases it “looks like abuse of power,” and so he supports the bill as amended to not require the election of members. Rep. Hornstein finished by saying that he would set a hard timeline to have the restructure happen by the end of this biennium due to a growing sense of urgency. He said the Met Council is an example of “taxation without representation.” The bill was passed.

House Elections Finance and Policy - Friday, March 17

LWVMN Observer Corps Member Cathy Thom

  • HF2765 (Coulter) - A significant DE2 Amendment was passed by unanimous voice vote. The DE2 creates a dedicated fund to help share the costs of administering elections to counties to use or distribute to cities & township election officials as needed to support election operations.

  • Testifiers: Barb Wetzman-Brekke - Scott County Commissioner & Association of MN Counties - Emphasized that this bill is the first state funding that supports actual local election operations. It will help with cyber-security, paying for upgraded equipment, and temp & volunteer staffing during peak election times. Election costs are rising and counties have been bearing the brunt of that cost, often in areas where they can least afford it. This funding will help to preserve the integrity, access, and efficiency of our election processes across the state. Michael Stalberger - Blue Earth County Director & MN Association of County Officers - Echoed Ms. Brekke, and added that because it is dedicated, consistent funding, it will help for long-term budgeting across counties. He pointed out that it assists counties, not a substitute for county election funding responsibility. He went through a list of costs that Blue Earth county had in regard to the 2022 election. What stuck out to me was the massive cost of postage, which was well into five figures - it was higher than usual due to redistricting notices, but is still very high during normal election cycles. Terri Spangrud - New Brighton City Clerk & League of MN Cities - Spoke about the strain of election costs to cities, particularly in regard to hiring election judges. The addition of a statewide primary during Presidential years, the raising of wages to attract more election judges, the addition and popularity of early in-person voting, and increased technology and equipment costs. The dedicated funding will help cities and counties to better coordinate to share election-related costs. MN Secretary of State Steve Simon - Said that this bill is a "really, really big deal" that is "groundbreaking and historic." The increased complexity and scale of election administration has made it much more expensive within the past decade, and the vast majority of those tasks are carried out at the local levels, and the costs are carried by local governments and their property taxpayers. The dedicated state funding to assist with, not replace, funding for those costs is crucial.

  • Member Discussion: Rep. Altendorf (R - Red Wing) pointed out that the costs have likely risen due to unfunded government mandates, such as unlimited absentee voting, 46 days of early voting, and electronic tabulators. Rep. Greenman (DFL) replied that she agrees that we have added many mandates that voters actually like, which means that the state has not made an investment in those election infrastructure processes because we have a tradition of local control. This funding would actually make that long overdue investment while preserving local control. She said that if we value safe, secure, & local elections then we need to as a state invest in them rather than back away from election processes that have proven to be very popular with voters. Rep. Bahner (DFL) pointed out that MN has always had paper ballots and the use of tabulators to count them is more efficient & accurate than human hand-counting of ballots. In order to ensure election integrity, we need to pay for it, which we have been leaving almost entirely to the local jurisdictions to fund up to this point. Rep. Torkelson echoed the concerns of Rep. Altendorf and added that all fiscal notes should include not just costs incurred to the state, but also those that would be passed on to local government entities. The bill as amended was laid over without a vote.

  • HF2486 (Frazier) - Ranked choice voting in elections for federal and state offices provided; Statewide Ranked Choice Voting Implementation Task Force established; jurisdictions authorized to adopt ranked choice voting for local offices, etc. The DE3 Amendment clarifying aspects of the task force and adjusting timelines was adopted by unanimous voice vote.

  • Testifiers: There were many and the testimony was repetitive and included many who have testified on this issue in previous committees, but here is a representative sample. Support: candidates must appeal to more voters who have more agency in their choice, moderate our politics and elections, increase voter turnout especially among youth, and increase diversity among candidates. Neutral: Secretary of Steve Simon - Spoke about administration of RCV. He did not make a judgment whether or not that it is good or bad, he simply thinks that MN is not ready to administer statewide rank choice voting because it could mean that we would have to restructure our current countywide administration system for statewide elections. Alaska and Maine, which have RCV statewide, have lower populations and do not have counties that locally administer elections like MN does. The bill could get us there, depending on what the task force it contains comes up with, but MN's only current experience with RCV is at a very local level in just a few cities for their local elections, and only in odd year elections. He does appreciate the delay to 2025 for implementation of RCV for both local and statewide elections. He listed a few practical challenges that will take time, effort, and funding to solve before we can adequately and fully administer RCV in MN. Against: MN Chamber of Commerce, those concerned with “election integrity” in Minnesota, and questions of the supporter’s arguments.

  • Member Discussion: Chair Freiberg commented in summary that he does see some merits for RCV, particularly for the local option part of it, and he praised the structure of the task force to make sure that whatever happens it is fully vetted. Rep. Frazier commented in his summary that this bill is meant to allow the conversation from places where it was implemented to move forward. The bill as amended passed to be referred to another committee by a roll call vote of 7-4.

  • HF2802 (Frederick) - Definition of major political party modified. The A2 Amendment, which would revert the bill to original language and raise the limit to 10% of the electorate to achieve major party status (as opposed to minor party status), was adopted by unanimous voice vote. This bill was overwhelmingly opposed by testifiers, mainly former third party candidates. Republican Committee members were also strongly against this bill, and Rep. Coulter responded that this does not impact minor parties, only raising the threshold to be deemed a major party. The bill was laid over without a vote.

Minnesota House News

Week in Review: March 13-17

Related Coverage

Please learn more at our 2023 Legislative Session Webpage.

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