Capitol Letter for March 24, 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.
Observer Reports
House Judiciary Finance and Civil Law - Tuesday, March 21
LWVMN Observer Corps Member Audrey Kramer
HF635 (Greenman) - provides penalties for crimes against election administrators, election workers, and election infrastructure and passed without fanfare to the Ways and Means Committee. This bill aims to protect the 30,000 volunteers and election workers from across Minnesota who prepare election polling places, process ballots, and determine election results. Concerns for safety have risen in the last three years as election volunteers and administrators have been harassed and received death threats with increasing concerns of election judges tampering with infrastructure of election machines. These problems are growing around the US as well as here in Minnesota. For example, a Blue Earth County survey found that 57% of their election workers had been intimidated while on duty and 46% of offices and polling places had to add physical security.
House Climate and Energy Finance and Policy - Tuesday, March 21
LWVMN Observer Corps Members Cindy Holker and Susan Anderson
Cindy: HF2336 (Greenman) - Create a finance authority to help fund clean energy projects. This bill would focus on underserved smaller entities and leverage public funds to gain significant private investment in clean energy projects. This is in anticipation of the $20 billion set aside for state investment from the federal IRA bill of which Minnesota's share is estimated to be approximately $350 mil. Testimony was all in favor and included representation from Minnesota Interfaith Power and Light, Fresh Energy and the Sierra Club. Rep. Igo (R) could not support the bill, because of his concern that raw materials for clean energy would be sourced from foreign countries. Bill was passed via voice vote and re-referred to the Labor Committee. Read why Minnesota Interfaith Power and Light supports the Bill
Cindy: HF2892 (Hemmingsen-Jaeger) - This is a residential solar bill meant to enhance the current Solar Awards program with Xcel Energy. Testimony in favor came from All Energy Solar and a clean energy finance attorney who was concerned about wording in the bill specific to "owned and operated" that could leave projects out. Rep. Hemmingsen-Jaeger said that she would work with him to correct the wording. Rep Swedzinski (R) questioned the necessity of incentivizing people to do this work if demand is already high with a request to hold the money for just those that could not afford to do the work on their own. The bill was laid over for inclusion in the Omnibus Bill.
Susan: HF2620 (Pursell) - Distribution System Upgrades. This bill would ease the cost of connecting to the grid and encourage Xcel Energy to increase access to the grid for distributed energy projects. As of now, in areas where there is high demand, it can take many years and lots of money to install solar for a home or small business or a farm. Testimony from Patty Ray (former Scandia City Council member) indicated that Scandia had no capacity left for small businesses or homeowners and the wait list was very long and the price extremely high. All of the capacity had been taken up by large solar projects. Blue Horizon Energy also testified: saying that, as of now, the wait for solar energy could easily be 17 years. There are 34 substations and each substation could cost around a million to upgrade, so there is a funding component. A comment in opposition: "The homeowners should pay for it - not the government". The bill was laid over for possible inclusion.
House Education Finance - Wednesday, March 22
LWVMN Observer Corps Member Pamela Mercier
HF2696 (Greenman) - appropriates $150,00 per year for fiscal years 2024 and 2025, to the Minnesota Civic Education Coalition for grants to Youth in Government, the Learning Law and Democracy Foundation, and the YMCA Center for Youth Voice. These groups support civic education programs and have received $75,000 per year for the past four fiscal years from the legislature, meaning this bill proposes to double that amount. The funds would come out of the general fund and be sent to the Department of Education for distribution. The programs are intended to support youth 18 years and younger and to also provide professional development to teachers. As described in the bill, the programs must instruct students in: (1) the constitutional principles and the democratic foundation of our national, state, and local institutions; and (2) the political processes and structures of government, grounded in the understanding of constitutional government and individual rights. Rep. Greenman spoke enthusiastically about the benefits these programs have provided for students for the past four years and the need for civics education to nurture informed and effective citizens engaged in the political and civic life of their communities. Two testifiers from the YMCA Center for Youth Voice testified on the bill. One was the program's executive director who praised the YMCA's work, and the other was a student who shared the transformative impacts this civic education work has had on his life. After the testimony, Rep. Greenman moved that this bill be laid over for possible inclusion in a potential education omnibus bill. There were no questions or comments from committee members.
House Elections Finance and Policy - Wednesday, March 22
LWVMN Observer Corps Member Cathy Thom
HF1141 (Freiberg) - This bill had a full hearing on February 15, 2023. No testimony or discussion was taken, unanimously referred to the General Register.
HF1489 (Coulter) - This bill as amended would double the maximum amount each individual can get back from the state for political contributions under the PCR program from $50 to $100, and married couples from $100 to $200. The amount would be adjusted to inflation annually, rounded to the nearest $10 amount.
Two testifiers in favor of the bill: Mary Hartnett - Clean Elections MN - boosts participation of small donors in our elections and reduces overall spending in elections because candidates who participate in the PCR program must stay within prescribed spending limits. Jeff Sigurdson - MN Campaign Finance & Disclosure Board (CFB) - expressed the wish that the increase could be double what the bill provides. He pointed out that due to low reimbursements, participation in the PCR program has dropped off. Raising the reimbursements and indexing them to inflation would help to increase participation by small local non-PAC donors to campaigns. He also expressed the opinion that perhaps the paper method of processing PCR reimbursements could be modernized, but this bill does not do that.
Member Discussion: Rep. Torkelson - Inquired as to the reasoning behind indexing the credit to inflation. Rep. Coulter replied that it is a way to more frequently, effectively, and efficiently adjust the amount (which has not changed since the original amount in 1990). Rep. Torkelson wondered if it might be better to completely overhaul the program or eliminate it entirely. He stated that he is in favor of modernizing it, but wonders if future budget deficits may end up with the program being suspended, which has happened in the past. Rep. Greenman (DFL) - Asked if there is evidence to justify the claim that an increase in the amount will increase the number of people who use it. Mr. Sigurdson said that it would increase it some, but he believes that modernizing the system of how credits are issued to make it less cumbersome and paper intensive for both donor and candidate would increase participation significantly more. Rep. Greenman emphasized that increasing small donor activity within campaigns also increases participation in other ways, including voting. Rep. Bahner (DFL) - Asked if there has been any studies or proposals as to how best to modernize the program. Mr. Sigurdson replied that the program is actually administered by the Department of Revenue so that refunds can be accurately tracked by social security number. Thus, for privacy reasons administration of the program cannot be transferred to the CFB unless the social security number is no longer used to track refunds to avoid duplication. The bill was re-referred to the Taxes Committee by a unanimous voice vote.
HF2793 (Coulter) - Small donor political committees and funds regulated, small donor state match program established, candidate expenditures exempted from aggregate expenditure limits, campaign public subsidy program repealed, and money transferred. Rep. Coulter emphasized that Citizens United has unleashed a "torrent" of dark money within our elections, increasing the influence of large donors and PACs upon candidates and election outcomes. The bill would establish a small donor matching fund that would provide up to $50 in state match to a candidate for each small donation and capped at 50% of the total spending limit already defined in statute for candidates to qualify to receive public campaign subsidies.
All three testifiers in support: Mary Hartnett - Clean Elections MN - stated that public match programs have strong public support because they encourage candidates to pay attention to small donors, limit spending in campaigns, and decrease the influence of specialized and moneyed interests. Lilly Sasse - We Choose Us Coalition - emphasized that the increasing role of big and dark money in our system is of critical and widespread concern to all voters. MN's current laws are in need of modernization and need to be streamlined and better funded. It would amplify the voices of local constituents, allow candidates to run more independent campaigns and increase the pool of potential candidates for office. Halley Norman - MN Voice - shared that PCR programs and other types of public financing of election systems in other states allow voters to participate as campaign donors when they otherwise would not be able to afford to. Healthy public subsidies are necessary to such programs, and MN needs to invest more in these types of public financing systems to level the playing field and increase small donor and voter participation in campaigns.
Member Discussion: Rep. Quam (R) - Stated that the bill seeks "to replace campaign fundraising by public campaign funds." He stated that stricter spending limits should be placed on out-of-state donors as a general rule. Rep. Davis (R) - Asked if there was bipartisan support for the bill. Rep. Coulter replied that he could not say for certain because authors are still being added, but the bill is proposed to be laid over and so bipartisan suggestions and support is welcome. Rep. Torkelson (R) - Asked what would prevent the appropriation ceiling from being a "first come first served" situation rather than being spread more evenly across all candidates. He said it would be unfair and the fund would skew towards more organized and connected candidates without some revisions. Rep. Greenman (DFL) emphasized that because the focus is on small dollar contributions, the ceiling is not as much of an issue, because it still serves the intent of amplifying the voices of small donors even within the most organized and well-connected campaigns. The latter often do not qualify for this matching program because they do not want to adhere to the required campaign spending limits. Rep. Coulter closed by emphasizing that we all want to make our elections more accountable to voters rather than special interests and the wealthy, and that he is open to feedback from all colleagues on both sides of the aisle. The bill was laid over without a vote.
HF1942 (Coulter) - Mail balloting authorized in any town or city with fewer than 400 registered voters. Many small communities already mail out to all eligible voters absentee ballots, and this would allow all other communities under 400 people to do the same. It is meant for logistical reasons, but people still have the opportunity to vote on election day in person if they prefer to do that and “clawback” their ballot to make a change. It also makes some clarifications in regard to recounts and write-in votes for all elections and clarifies rules regarding ballots that are produced by adaptive voting devices for people with disabilities.
Senate Transportation - Wednesday, March 22
LWVMN Observer Corps Member Cindy Holker
SF2156 - Nicknamed the ‘Buy Clean and Buy Fair Bill’, establishes a task force to set standards for the clean manufacture of construction material to be included in the bid process for state infrastructure projects. The task force would be made up of representatives from appropriate state agencies, labor and environmental groups. The standards will be scheduled to take effect on a staggered basis in 2026 and 2028 and cover steel, asphalt and cement. All testimony was in favor of the bill and included representatives from the Blue/Green Alliance (a labor and environmental group), construction unions and the Aggregate and Ready Mix Association. Member discussion included a request from Republicans to amend the A10 authors amendment to eliminate the highway portion of the bill and only include buildings. This was based on the concern that the number of contractors that can meet the standards is too small to generate the appropriate level of competition and thus result in higher costs to taxpayers. This was voted down 5/3 on a roll call vote. The A10 amendment did pass and included clarification on the funding coming from the General Fund and not the Trunk Highway Fund. The bill passed via roll call vote 6/3 to be referred to the Energy Committee.
SF2790 - Climate Action Plan as a Part of the Metropolitan Council's Comprehensive Plan. Testimony from Metro Cities (the Association of Metro Municipalities) was in opposition to the bill with concerns that the highly prescriptive nature of the plan would not allow local governments to do what's best for them. Move Minnesota and the Rocky Mountain Institute (RMI) both testified in support of the bill stating that transportation was the single biggest contributor to greenhouse gas emissions to which this bill begins to address. They also noted support for the bill’s components that include analyzing the impact to marginalized groups as part of the plan. RMI also added that the social cost of Carbon will far outweigh the cost of smart transportation options. Discussion included concern that this will create some sort of divide between metropolitan projects and those in rural areas. It was pointed out that this did not impact rural areas, only those under the jurisdiction of the Met Council. The bill as amended was laid over for possible inclusion in the Omnibus Bill.
SF1132 - Electric Vehicle Infrastructure Program Authorized. A MNDOT representative stated that they would be following the guidelines coming from the Federal Government, and this bill would give them state statutory authority to do so. A voice vote was held and the bill was passed and referred to the floor.
House Climate and Energy Finance and Policy - Wednesday, March 22
LWVMN Observer Corps Member Rita Mills
HF2747 - “Solar for Schools” - Rep. Rehm described 2 current programs where school districts would receive the grants: 1) funded by the general fund and administered by Dept. of Commerce for schools outside of Xcel Energy’s territory; 2) funded and administered by Xcel for schools within their territory. This bill would move both under the jurisdiction of the Dept. of Commerce. The extremely high demand and interest in Solar for Schools far exceeded the previously appropriated budget. It was “very popular and hugely successful.”
Testifiers: iDEAL Energies (specializes in installing solar on public and some commercial buildings and more recently on schools.) has made 150 installations spread over 40 districts. They reiterated the overwhelming interest in and support by districts and communities. The second testifier from MN Interfaith Power and Light had concerns regarding the equity of the grant structure. Her concerns revolved around those school districts within and outside of the Xcel range, citing that there is a significant issue in rural areas for districts needing more assistance.
Committee: Comments were supportive, particularly of the business model of iDEAL. Question was asked about who owns the rights and if schools would eventually be able to go “off-grid.” Laid over for possible inclusion in omnibus bill.
HF2502 - Rep. Jessica Hanson described the bill as a program for electric school buses that builds on the success of the “solar for schools program” with real local interest in protecting kids from diesel fumes. In 2020, 8 electric buses were awarded from the Volkswagen settlement grant to 5 districts around the state. E-buses are now spreading across the country due to supporting health and wellness for our kids, according to Rep. Hanson. Multiple studies show dangers of exposure to diesel fumes and academic advantages when fossil fuel buses are eliminated. Rep. Hanson reminded the committee that federal money was available in 2022, but MN only acquired 1 bus as opposed to the hundreds of buses going to neighboring states. The bill has 5 components: 1) Grant program would be under the Dept. of Commerce 2) that would award grant programs to school districts wanting to install e-buses and charging components and 3) provide assistance to school districts; 4) Awards would be prioritized to districts with greater needs (rural and high poverty); 5) 75 – 95% of the grants for districts to replace fossil fuel buses.
Testifiers (2 physicians and 1 parent): Their primary point was to improve the health of children by eliminating fumes from fossil fuels, specifically asthma. Such fumes also have shown negative academic impacts. MN is significantly behind other states in converting to electric school buses, referencing the missed opportunity for federal funding in 2022. Research has also shown a cost savings ranging from $4000 - $11,000 per bus per year for districts (fuel and maintenance.)
Committee discussion: While there was general support, a question was asked regarding cost of an e-bus compared to diesel ($350,000 - $400,000 per e-bus vs. about $150,000 for diesel). Parity is generally reached in the lifetime (about 11 yrs.) of a bus. Suggestion made that MN could be a leading producer of e-buses. Questions about driving range during cold weather months, storage, benefits of electrifying transportation buses running year-round vs. school buses for fewer months. Crosby Ironton district’s use of propane was discussed. Laid over for possible inclusion in an omnibus bill. Read more from MN House News
Senate Energy, Utilities, Environment, and Climate - Wednesday, March 22
LWVMN Observer Corps Member Sherry Hood
SF2747 (Mitchell) - Companion to HF2620 above. Pro-rates solar interconnection costs to join the electric grid. Expands the grid to accommodate solar input from non-utility entities such as personal property.
SF2993 (Port) - Companion to HF2502 above. Set up a grant program with the Dept. of Commerce to help school districts obtain electric school buses since Minnesota is far behind most other states. Both bills were laid over for possible inclusion.
Minnesota House News
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Please learn more at our 2023 Legislative Session Webpage.