Omnibus environment bill clears first hurdle

The House Environment and Natural Resources Policy and Finance committee approved the omnibus environment bill Friday morning after several hours of debate spanning two days.  

After taking testimony on HF888 – which would appropriate over $800 million and make a number of policy changes – the committee adopted several amendments before approving the bill and referring it to the House Ways and Means Committee, where it is scheduled to be addressed Monday. The companion, SF723, is sponsored by Sen. Bill Ingebrigtsen (R-Alexandria) and awaits action by the Senate Finance Committee.

Rep. Dan Fabian

An amendment that would allow several Pollution Control Agency actions to be reviewable by the courts was the most controversial measure added to the bill. It would permit changes to water quality standards, listing impaired waters or denying a request for reconsideration, to be reviewed by an administrative law judge who could not give “deference” to the PCA.

Members debated the legal concept of deference. Rep. Jeff Backer (R-Browns Valley) described the amendment as a “commonsense” measure to help small communities appeal regulations, while Rep. Jean Wagenius (DFL-Mpls) called it “the most inefficient thing ever to come before the committee.”

The committee also adopted an amendment from Rep. Dan Fabian (R-Roseau), the committee chair and sponsor of HF888, which would require the PCA to provide a copy of the draft permit to applicants of publicly owned wastewater treatment plants at least 30 days before distribution and public notice of the application and determination. It would also require the PCA to have a public comment period of at least 60 days for the permits.

Fabian said this would help small communities with the permitting process, but PCA officials said it would slow the review process amid calls from the Legislature for faster permitting.

An amendment offered by Rep. Rick Hansen (DFL-South St. Paul) that would have stripped virtually all of the policy provisions from the bill, failed 13-9 on a party-line, roll-call vote. Hansen said the governor had made clear that policy provisions should not be included in budget bills.

Rep. Tony Cornish (R-Vernon Center) said the governor didn’t run the committee, but Hansen said the bill was “chock full of poor legislation” and that there would be a “reaction” as people learned more about what is in the bill.

“We’ll have a further discussion on the [House] Floor on a number of these things,” Hansen said.