Bluestem Prairie

In House transportation committee, Bjorn Olson hostile to state right-of-way & ditch mowing law

in a House Transportation Finance and Policy Committee hearing, did a Minnesota state representative imply that he doesn't obtain a permit to mow in MNDOT right-of-way? It's not certain, but Fairmont Republican Bjorn Olson is mighty hostile to the notion of public right-of-ways on state highways and the requirement to obtain a permit to mow ditches along those right-of-ways.

Profit!, not conservation and public safety, should be the guidelines for managing right-of-ways,

Never mind paying farmers for living snow fences and programs for wildlife and pollinators, as would happen under South St. Paul Democratic conservation champion and Harmony-area farmer Rick Hansen's bill, HF498.

Not that Olson is averse to securing government aid in his farming endeavors. The EWG Farm Subsidies Database includes information that the Elmore/Fairmont farmer has received $12,834 in 2016-2018 under the name "Christian Bjorn Olson" and $14,813 for 2019-2020 under the shortened name "Bjorn Olson."

We are left to wonder--given Olson's hostility to mowing permits--whether he (or the property owner) has obtained permits from the DNR to mow the ditches. Or is this just rhetorical noncompliance on his part?

Readers who don't know about living snow fences can check out this guide put up by those woke uber leftists at agroforestry division of the University of Minnesota's Extension Service. Agroforestry "combines agricultural and forestry practices to improve environmental quality, productivity and economic returns." 

It's useful to watch the Minnesota House Information Services YouTube of the debate of the bill by the House Transportation Finance and Policy Committee. Chair Frank Hornstein uses a recent WCCO news report, Snow fences can save money, lives, and help the environment. The Hutchinson Leader's Matt McMillan published an account of the same farm in 2009's Living snow fence near Bird Island protects highway.

Here's the Minnesota House Information Services YouTube of the hearing. The Session Daily article on the hearing is below the MNDOT FAQ sheet that follows the video.

 

At MnDOT, there's this handy FAQ guide about ditch mowing in right of ways:

MNDOT Mowing Haying FAQs uploaded by Sally Jo Sorensen on Scribd

Here's Session Daily's coverage of the hearing. Margaret Stevens reports in Highways for Habitat pollinators program would require MnDOT to ditch current green space practices:

The approximately 175,000 acres of green space along the state’s highways could be prime real estate for pollinator habitat, say supporters of a bill to establish a Highways for Habitat program.

But several House members are skeptical of successful implementation without buy-in from landowners.

As amended, a bill that would create a program within the Department of Transportation, HF498, was laid over Thursday by the House Transportation Finance and Policy Committee for possible omnibus bill inclusion.

The proposed legislation would require MnDOT get guidance from the Board of Water and Soil Resources on native vegetation, avoid the use of insecticides lethal to pollinators, and protect nesting birds, pollinators and other wildlife in its ditch management.

It would appropriate $1 million from the Trunk Highway Fund in fiscal year 2024 to kickstart the project. In addition, a onetime expense of $2 million would come from the General Fund in fiscal year 2024 and then $330,000 annually to expand its living snow fence program.

There may also be an opportunity for some federal funding, said Rep. Rick Hansen (DFL-South St. Paul), the bill sponsor.

“There’s been some movement on the federal level since there’s been a strong realization that our public right of ways are opportunities for habitat,” he said.

The bill would apply only to MnDOT right of ways, not those managed by other government agencies.

Updating the state’s ditch management practices is long past due, said Don Arnosti, a member of the Pollinator Friendly Alliance. He said many current practices were decided decades ago by fiat, and the bill would offer tools and flexibility to take advantage of current understanding of wildlife habitat.

Arnosti cited Iowa’s Living Roadway Trust Fund, which has been operating since 1990 and uses native grasses and wildflowers of the state’s original prairie, as an example. Benefits touted include low maintenance weed and erosion control, less snow drifting, water filtering and capture of nutrients  

Though the MnDOT has a right to operate on land, the state doesn’t necessarily own it.

Many farmers get significant income from hay harvested from ditches along highways, said Rep. Bjorn Olson (R-Fairmont). “Farmers pay taxes on that ditch and when you encroach on farmers’ ability to make money that’s where have a problem.”

We're reminded of the Minnesota House ditch mowing wars late in the last decade. 

Related posts

•  Reader perspective on ditch haying along Hwy 60
•  Not in Minnesota anymore: SD Gov will oppress farmers' god-given right to hay right-of-ways
•  MN House bills go after habitat with a vengeance 

Banner image: from Reader perspective on ditch haying along Hwy 60.

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Back to school or off to jail: SD legislators seek juvenile justice assessment system update

From South Dakota News Watch:

Back to school or off to jail: Legislators seek update to South Dakota juvenile justice assessment system
by Stu Whitney

One of the key tenets of juvenile justice reform in South Dakota – keeping low-level youth offenders out of custody in favor of rehabilitative services and a return to public school attendance – is causing headaches for South Dakota education officials, who say they are not equipped to deal with habitual offenders in school settings.

That balancing act is the backdrop for Senate Bill 4, one of several proposed bills resulting from a 2022 legislative summer study that explored ways to improve cooperation between schools, law enforcement and courts as the state continues to assess its youth corrections strategy amid major reforms enacted over the past decade. 

Senate Bill 4 is a proposal to amend existing law so that a juvenile who re-offends after three “separate and distinct criminal episodes” in a 6-month period be committed to the South Dakota Department of Corrections system, which could mean hard detention, foster care or a placement such as McCrossan Boys Ranch in Sioux Falls or New Beginnings Center in Aberdeen. 

The bill, being considered by the Senate Judiciary Committee, could be adjusted to increase the span of violations from six months to a year. The proposal comes as legislators are also considering legislation to study an optional educational path for troubled students and to improve communication between law enforcement and schools when a student is suspected of threatening violence or violating drug or alcohol laws. 

These issues are the core of South Dakota’s quest to find the right balance between consequences for kids who commit serious crimes and encouraging counseling and family services for those determined to be less of a threat. The fact that the latter group frequently returns to public school classrooms has become a source of frustration for educators, who say they end up doling out discipline they feel should be handled by the courts while worrying that some potentially dangerous students may end up in schools.

“No one wants to go back to the way things were before (reforms were adopted),” said Tim Graf, superintendent of the Harrisburg School District, the state’s third-largest system. “For a while, there were too many detentions, but like many things it could be that the pendulum has swung back too far. We’re trying to find solutions that are effective for schools and law enforcement while still addressing the initial concern.”

South Dakota ranked first per capita in the nation for locking up juveniles before implementing the Juvenile Detention Alternative Initiative (JDAI) in Minnehaha and Pennington counties in 2010, followed by legislation in 2015 that restricts scenarios in which a youth offender can be detained. The law also offers financial incentives for counties that provide “diversion opportunities” such as support counseling rather than detention for young offenders.

Pennington County’s diversion programs include a teen court, where offender cases are presented to a jury of their peers by teen volunteer attorneys, and a truancy prevention program that addresses the root causes of a child’s behavior and links students and families to social services as needed. These methods can be used for juveniles facing charges such as underage drinking, shoplifting, marijuana possession, simple assault and truancy.

The state juvenile corrections population has decreased from 520 individuals in Fiscal Year 2015 to 170 in Fiscal Year 2022, with judges more likely to utilize diversion programs, community supervision or house arrest with an ankle monitor unless offenders are viewed as a threat to public safety. In most of these instances, the child is expected to continue to attend public school, although some alternative education opportunities exist.

“A lot of times the child is released on conditions, and those conditions are going to involve going to school,” said Annie Brokenleg of the South Dakota Unified Judicial System, who serves as statewide coordinator of the state JDAI. “The judge is going to want that kid going to school, because that’s a protective factor for that kid.”

Schools want to see more accountability

These diversionary measures are a matter of concern for some school and law enforcement officials, who see a lack of accountability in the courts that can lead to a “revolving door” of the same juveniles getting arrested and then placed back under parental supervision and in school settings, sparking concerns about disruptions and campus safety.

Wade Pogany, executive director of the Associated School Boards of South Dakota, stressed to the Senate Judiciary Committee on Jan. 17 that the concern is with severe delinquency cases that administrators, teachers and counselors are not equipped to handle.

“We’re going to have kids who run away or vape or commit petty crimes; we can handle that,” Pogany said. “What we’re really talking about are kids who are repeat offenders involved with serious crimes. I really can’t understand how a student can be arrested on a firearms violation or grand theft auto and then be back in the school system again. It’s not every day, but it’s becoming more prevalent that we hear of these things happening.”

Emma Otterpohl, a deputy public defender in Minnehaha County who specializes in juvenile cases, disputed the notion that a youth on house arrest should not be in a school setting. Sometimes it is a simply a case of having run away from home in the past and requiring greater supervision, she said, rather than an indicator of high-level delinquency.

“Just because you’re on an ankle monitor doesn’t mean you’re automatically a threat or a danger to anyone,” said Otterpohl. “The judge hears all the evidence at the custody hearing and gets updates as the case proceeds. If the judge believed there was a level of threat to the school or the community, it’s less likely that the person would be out in the community. If it’s that serious or violent of an offense, they’re more likely to be held in custody.”

The legislative focus on juvenile corrections comes at a time of increased truancy and disciplinary episodes in schools, according to educators who testified during the summer study. Tom Culver, superintendent of the Avon School District in southeastern South Dakota, told lawmakers that he has seen a “drastic increase in excessive absenteeism” over the past decade and that “there appears to be a lack of consequences” in the juvenile courts.

There were 6,047 truancy complaints filed by South Dakota schools in 2021-22, an increase of nearly 300% from 10 years ago (1,558 in 2011-12), according to the Department of Education. Absenteeism rates have been on the rise since the pandemic, with 6.2% of students missing 30 or more days of instruction in 2021-22, up from 3.4% in 2018-19.

Rob Monson, executive director of School Administrators of South Dakota, stressed that school officials don’t want to “lock kids up” but would like to see DOC’s other options, such as private placement programs, used more frequently for habitual offenders who could pose a safety risk at schools.

“If you’re saying our juvenile justice tool was successful because we’re not incarcerating as many kids as we have in the past, many people will look and say, ‘Wow, this has been a successful program,’” Monson said. “But looking through a different lens, that of a superintendent or school board member, you might say, ‘Yes, they’re not incarcerated, but these troublemakers are now in our hallways, and we do not have the programming and capacity to work with these students.’”

Juvenile justice reforms are still evolving

Juvenile corrections issues have been a front-burner topics in South Dakota since 1999, when a 14-year-old girl from Canton named Gina Score died of heat exhaustion after a forced run at the State Training School in Plankinton, sparking criticism of then-Gov. Bill Janklow’s “boot camp” approach to rehabilitating troubled youth.

Four years later, with Mike Rounds as governor, the legislature passed a law bringing South Dakota into compliance with the Juvenile Justice and Delinquency Prevention Act, making the state eligible for federal grant money. The state Council of Juvenile Services was formed to oversee the process, which diverted youth offenders away from jail time except in extreme cases and stressed that juveniles must be separated by “sight and sound” from adult prisoners.

The state coordinated in 2010 with the Annie E. Casey Foundation, a nonprofit that works to improve social outcomes for children, to institute the Juvenile Detention Alternatives Initiative, which keeps low-level youth offenders out of detention as they await a dispositional hearing. Oversight of JDAI has been handled by the state’s Unified Judicial System since 2014, with a Risk Assessment Instrument used to determine a youth’s risk to reoffend or skip their court hearing.

The RAI, ordered by the South Dakota Supreme Court in 2015 to be used for all juveniles being referred for detention by law enforcement, uses a scoring system based on criminal and familial background, with “points” such as 15 for a high-level felony, 12 for felony assault, 6 for misdemeanor assault, and offsetting factors such as parental support and a history of appearing in court. Generally, 12 points or higher means secure detention, 7 to 11 means alternative placement and 6 or below leads to release.

Education officials have pointed to the RAI test as flawed in some cases, with juveniles released to their parents after multiple violations who then get arrested again. But Brokenleg notes that the assessment is not used in low-level cases, such as underage drinking or shoplifting, that don’t rise to the level where detention is considered a viable option.

“I know the schools are concerned about kids being released into the community,” Brokenleg told News Watch. “But if they’re scoring for a high-level felony, I don’t know in what situation they would not be held.”

She added that intake officers can override the test when they feel it’s warranted, either an override up (sending a youth to detention even though the score indicated release) or override down (releasing a youth who scored high enough to be held). In 2022, South Dakota’s rate of overrides up was 23% (above the national standard of 15%) while the rate of overrides down was 2.4%.

Staci Ackerman, executive director of the South Dakota Sheriffs’ Association, told the Senate Judiciary Committee that training intake officers on the RAI test is important to ensure consistency and knowledge of national standards. She’s coordinating with JDAI to schedule regional training sessions for the summer of 2023 while also working with school districts to address their concerns.

“Juvenile justice should always be a policy that’s worth perfecting,” said Brokenleg. “We should never institute a policy and then never look at it again. It’s important to analyze the data and look at how we can do better by youth and families because it’s a pretty important thing to make sure we’re doing right.”

Experts say more services, funding needed

Rep. Erin Healy, D-Sioux Falls, took part in the juvenile justice summer study and supported the concepts of Senate Bill 4 after hearing testimony from education officials and law enforcement. She has done some soul-searching and had more conversations since then and is now leaning towards voting against the bill.

“I worry about incarcerating people at an early age and increasing the likelihood of future involvement with the justice system,” said Healy. “That is ultimately what it comes down to. We cannot incarcerate our way out of addiction, mental-health issues and behavioral problems. What I would really like to see is our legislature find the funding to try to solve those problems up front, whether that’s more counseling or mental-health services in our schools or communities. I truly believe that is where a lot of the problems are stemming from.”

Cynthia Mickelson, a lawyer and Sioux Falls School Board member who publishes a newsletter on education issues, has pushed for more funding for research-based diversion programs and continuing care, citing unused funds at the state level from the Department of Social Services; Children, Youth and Family Services (CYF); and Systems of Care.

Regarding non-violent juvenile offenders, Mickelson said “we have a duty to educate these children in our buildings.” But she’s concerned about a lack of accountability for low-level offenders that creates a cycle of kids getting in trouble with little or no repercussions in the courts, forcing school systems to become the disciplinary mechanism.

“These children are not dumb. They’re not mature, but they aren’t dumb,” said Mickelson. “They see their friends getting away with things, and No. 1 they could be scared because it might have been a violent offense and they’re thinking, ‘Who’s protecting me?’ Or they’re thinking, ‘Oh, hey, there are no consequences for stealing this or joyriding or whatever, so why don’t I do something like that?’ I agree that families should take care of their children, but for families who are unable to or don’t have the ability to or are bad actors themselves, for children under 18, we’re kind of their last hope. We need to equip them to be better members of society.”

From her perspective at the Minnehaha Public Defender’s Office, seeing juvenile cases unfold every day, Otterpohl doesn’t disagree with that sentiment. But she sees the “three strikes” provisions in SB 4 as bad policy because delinquencies can run the gamut of criminal offenses, including petty theft and marijuana possession, and entering the DOC system has long-term consequences.

“If the state were to authorize sending juveniles to DOC [after] four delinquencies, that could be a completely non-violent offender, and they would be put in DOC, which lasts up until the age of 21,” Otterpohl said. “It’s up to the DOC where they’re going to be placed and how long they’re placed, but they’re on supervision until they’re 21.”

Juveniles who are sent to McCrossan Boys Ranch might be released after six or nine months and be back on probation with parental supervision, so addressing behavioral issues earlier is important. Having more mental health and family therapy services available to reduce wait times and make treatments more effective should be a legislative priority rather than committing more juveniles to DOC, Otterpohl said.

“The longer the wait to get people into those services,” she added, “the longer it’s going to be before we have any results.”

SCHOOL ISSUES RISE AS JUVENILE CORRECTIONS POPULATION FALLS

Since South Dakota began to reform its juvenile justice system, the state has seen fewer children incarcerated but has had a rise in truancy and absenteeism in schools. Here is a look at some key data points.

Juvenile corrections population

FY 2015 — 520 inmates

FY 2022 — 170 inmates

Decrease of 67% in seven years

Truancy complaints in South Dakota schools

FY 2012 — 1,558 complaints

FY 2022 — 6,047 complaints

Increase of 288% in 10 years

Absenteeism rates in South Dakota schools

FY 2019 — 3.4% truant

FY 2022 — 6.2% truant

Increase of 82% in three years. Note: COVID pandemic occurred during this time period.

Source: State of South Dakota

This article is republished with permission of South Dakota News Watch.

Photo: Recent reforms have led to fewer low-level offenders being placed in custody at facilities such as the Juvenile Detention Center in Sioux Falls. The state’s juvenile DOC population has decreased from 520 individuals in fiscal year 2015 to 170 in 2022. Photo: Stu Whitney, South Dakota News Watch.

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MN Reformer: Public lands near MN BWCA Waters withdrawn from federal mining leases

Good news from the Department of the Interior.

At the Minnesota Reformer, States Newsroom D.C. Bureau intern Adam Goldstein reports in Public lands near Minnesota’s Boundary Waters withdrawn from federal mining leases:

After more than a year of assessment and debate, the U.S. Department of the Interior on Thursday announced the withdrawal of more than 225,000 acres of public lands near the Boundary Waters Canoe Area Wilderness in Minnesota from federal mine leasing programs. 

Secretary of the Interior Deb Haaland signed Public Land Order 7917, which protects areas of the Superior National Forest from federal geothermal and mineral extraction leases for the next 20 years. The lands being withdrawn are predominantly in the northern portion of the Superior National Forest.

The release cited departmental concerns over the impacts of mining on ecosystem health, tribal rights, and the local recreation economy. 

“The Department of the Interior takes seriously our obligations to steward public lands and waters on behalf of all Americans,” Haaland said in the release. “With an eye toward protecting this special place for future generations, I have made this decision using the best-available science and extensive public input.” 

The 20-year suspension on extraction leases is the maximum that the Department of the Interior can apply. Only Congress can authorize a permanent withdrawal of federal lands, like those in the Superior National Forest, from these programs. 

225,000 public comments

The decision follows a 2021 environmental assessment and withdrawal application from the U.S. Department of Agriculture’s Forest Service. More than 225,000 public comments were submitted on the application. 

The Forest Service found that development of copper-nickel ore mining in the Duluth Complex, a large deposit of valuable minerals, would have adverse effects on ecological health, no matter what environmental mitigation methods are used. 

The withdrawal application cited increased risk to Native American and low-income communities to acid mine drainage, and said unintended leakage from mines and their retention ponds could cause die-offs of animal life, and be detrimental to soil health. 

The Forest Service report added that plans to mine the now-withdrawn public lands had been in place as early as 2006. 

“I applaud Secretary Haaland’s decision to protect the long-term health of the Rainy River watershed, including the irreplaceable Boundary Waters Canoe Area Wilderness,” Agriculture Secretary Tom Vilsack said in a statement. “This landscape is an international resource renowned for its multitude of recreational opportunities and provides millions of visitors with unparalleled wilderness experiences.” 

Republicans criticize decision

The U.S. House Natural Resources Committee decried the new decision on the committee’s Twitter feed. The chairman is Arkansas Republican Bruce Westerman.

“As Democrats shut down U.S. mines, China is laughing straight to the bank,” the tweet said. “We won’t stop fighting to access our resources and give jobs to American workers instead of supporting China’s appalling child and slave labor practices.”

Rep. Pete Stauber, a Republican whose Minnesota district includes the Boundary Waters, also denounced the decision in a Thursday statement, saying that the withdrawal of these public lands amounted to “a direct attack on our way of life.” 

“We cannot have a future of renewable energy without minerals, period — not to mention their necessity to our defense systems, satellites, cellphones and virtually every other advanced technology,” Stauber said in the statement. 

A band of bipartisan Minnesota representatives from the Iron Range sent a letter to President Joe Biden urging him to reconsider the withdrawal.

“For more than 130 years, mining has sustained our communities in northeast Minnesota. We have long mined safely and responsibly. We know how to get the job done, it’s in our blood,” the letter says.

In contrast, Rep. Betty McCollum, a Minnesota Democrat, celebrated the decision.

“I applaud Sec. Haaland for this action, which is an enormous step in safeguarding the Boundary Waters,” McCollum said in a statement. “Unfortunately, it can be reversed by another administration, which is why I am committed to reintroducing the Boundary Waters Wilderness Protection and Pollution Prevention Act in the 118th Congress to continue working to protect this national treasure in perpetuity.”

More than 166,000 visitors from around the world every year are drawn to the 1.1-million-acre Boundary Waters, according to USDA. It is the only lake-land wilderness in the National Wilderness Preservation System.

The public lands contribute up to $17.4 million annually to the more than $540 million recreation and tourism economies in Cook, Lake and St. Louis counties, according to the Thursday release.   

Reformer reporter Michelle Griffith contributed to this report.

This article is reprinted under Creative Commons license CC BY-NC-ND 4.0.

Related post

• Interior Secretary Deb Haaland's father had Norwegian-American roots in New London, MN.
• MN Reformer: Biden administration cancels mining leases near Minnesota’s Boundary Waters
• Appeals Court says Northeastern Minnesotans for Wilderness can challenge mine siting rules
• Water is life: Iron Range board legislators table new water system for Fond du Lac band

Photo: "Two paddlers make their way down the Kawishiwi River near Ely. The group American Rivers has again named the Kawishiwi one of the 10 most endangered rivers in the U.S. because of the potential of polluted mine waste from the proposed Twin Metals copper mine. Forum News Service file photo" via Minnesota court upholds group's right to challenge mine-siting rules near Boundary Waters.

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Climate action digest: North Dakota dollars continue to fight Minnesota clean energy future

I will be watching Thursday afternoon's Minnesota House floor session as Majority Leader Jamie Long's HF7--the 100 percent clean energy bill--comes to a vote. The bill has brought attention to a long-running effort by the state of North Dakota to protect its lignite coal industry.

I've been watching this campaign for a while. Eight years ago, Bluestem posted in Horse hockey: who's pushing the puck for new Coalition for a Secure Energy Future TV ad?:

The About page on the website for the Coalition for a Secure Energy Future (CSEF) notes that the group was "officially established" to promote that agenda:

The Coalition for a Secure Energy Future is an organization that has been officially established to get the message out to businesses, policymakers, and residents in the Upper Midwest that retaining an all-of-the-above energy mix that includes coal as a regional energy resource will help keep electric rates low, jobs plentiful, and the economy robust.

Bluestem is certain the Coalition for a Secure Energy Future could not possibly be more official an emissary for North Dakota's coal industry, given the nature of $1.2 million of its funding. 

According to the June 5, 2014 Lignite Research Council Agenda of the North Dakota Industrial Commission Lignite Research, Development and Marketing Program, CSEF is funded by a grant from the commission:

Re-Submission of Regional Lignite Public Affairs Plan (Coalition for a Secure Energy Future) Submitted by: Lignite Energy Council; Request for: $600,000 annually for a total of $1,200,000; Project Duration: 2 Years.

While the discussion of the plan was closed meeting, page 35 of the minutes (pdf) of the July 1, 2014 meeting of the North Dakota Development Commission reveal:

During the closed session, it had been moved and seconded that the Industrial Commission accepts the Lignite Research Council recommendation to fund the grant application “Regional Lignite Public Affairs Plan (Coalition for a Secure Energy Future)” and to authorize Karlene Fine, Industrial Commission Executive Director, to execute an agreement with the Lignite Energy Council to provide a total of Industrial Commission Lignite Research Program funding in an amount not to exceed $1,200,000 (marketing) with annual updates presented to the Commission . On a roll call vote, Governor Dalrymple, Attorney General Stenehjem and Commissioner Goehring voted aye. The motion carried unanimously. . . . 

Sadly, many media outlets still carry commentary by Coalition for a Secure Energy Future spokesters that is tagged or implies the copy is created by some sort of citizen activist group that promotes use of "all of the above" electricity-generation feedstocks that are great for everything.

Fortunately, professional clean energy and climate action advocates have followed the money as I did. But now the information is more urgent as Joe Smyth and Karlee Weinman report in-depth for the Energy Policy Institute in North Dakota has spent millions on a coal industry campaign targeting 100% clean energy legislation in Minnesota.

A North Dakota coal industry front group, the Lignite Energy Council, has jumped state lines to wage a campaign to weaken a bill in Minnesota that would require the state’s utilities to transition to 100% clean electricity by 2040.

While the Lignite Energy Council has touted its success in working with Republican state legislators in Minnesota to block clean energy legislation during previous sessions, the coal industry group now appears focused on weakening the bill by including coal carbon capture projects. Among the groups promoting carbon capture to Minnesotans is the “Coalition for a Secure Energy Future,” which is part of the Lignite Energy Council.

A review of meeting minutes of the North Dakota Industrial Commission and Lignite Research Council show that the state has provided more than $4 million to the “Coalition for a Secure Energy Future” in recent years. The Lignite Research Council requested another $1.8 million in Industrial Commission spending in 2021 for the public affairs program, but the Industrial Commission moved that year to discuss the request in secret. Lignite Energy Council tax forms show that the coal industry group has continued to receive funding for its public affairs program.

Minnesota’s 100% clean electricity proposal is not new, but it has failed to clear a Republican-controlled state Senate in past years. After the Democratic-Farmer-Labor (DFL) party claimed control of the state’s House and Senate and DFL Governor Tim Walz won re-election in November, the revived bill faces decidedly better odds and is a top priority for the party. . , ,

Read the whole report at the link. Bluestem is always pleased when reading the Energy Policy Institute's follow-the-money approach, as we noted in Under the radar in MN45: Energy & Policy Institute dissects Fowke's utility industry dollars. Fortunately, the utility industry-funded Senate candidate lost to the incomparable Dr. Kelly Morrison.

For those who want to read succinct commentary that draws from the Energy and Policy Institute's report, we're happy to have a permission of CURE-MN's director Duane Ninneman to reprint a column published Wednesday at MinnPost,

Ninneman observes in Minnesota should resist pressure from North Dakota coal lobby to weaken climate legislation:

The so-called “Coalition for a Secure Energy Future” has jumped into action with the start of Minnesota’s new legislative session, publishing op-eds urging Minnesotans to consider that our carbon free energy goals would be best served by expanding our definition of carbon-free to include energy sources such as … coal.

Innovation breeds resistance, and as Minnesota’s Legislature works to set our state on a new ambitious course towards 100% clean energy our neighbors in North Dakota are doing their best to muddy the waters.

The so-called “Coalition for a Secure Energy Future” has jumped into action with the start of Minnesota’s new legislative session, publishing op-eds urging Minnesotans to consider that our carbon free energy goals would be best served by expanding our definition of carbon-free to include energy sources such as … coal.

According to their op-ed signature, the Coalition for a Secure Energy Future is “a nonprofit working to ensure affordable, reliable energy for Minnesotans.” But peeling back the layers of the Coalition’s identity reveals a deep connection to the dirtiest of all fossil fuels — coal. Despite the fact a clean energy future powered by coal doesn’t exist. On their website, the coalition reveals that they are “a project of the Lignite Energy Council,” a North Dakota-based coal industry lobbying group which has bragged in the past about their successful interventions to block previous iterations of Minnesota’s 100% clean energy plans. The coalition has also received millions of dollars of funding from the North Dakota Industrial Commission, an organization staffed by the state’s governor, attorney general, and agriculture commissioner, a group of people looking out for the best interests of North Dakota, not Minnesota.

That the coalition’s backers feel the need to cloak their lobbying efforts with a thin veneer of Minnesotan authenticity — hiring a Minnesotan PR professional to sign their op-eds and serve as their “executive director,” the only employee listed on their site — says something about how much North Dakota feels their interests are impacted by Minnesota’s decisions when it comes to energy.

Making a full switch to renewables would benefit Minnesotans in nearly every way. The benefits of technologies like wind and solar go beyond climate, offering Minnesotans cleaner air and improved health, with electricity that is not only more affordable, but more reliable in a crunch: when severe winter weather in 2021 knocked out power generation across the country causing blackouts for millions, 73% of the lost generator capacity came from coal and methane plants.

Minnesota has no fossil fuel reserves or production to speak of, meaning most of the jobs created by our energy consumption don’t stay in our state and instead benefit economies of other states such as North Dakota, a trend that a home-grown renewable energy economy could begin to reverse.

It’s clear our neighbors in North Dakota are putting up a fight to stop Minnesota from charting our own energy future. In 2020 Minnesota-based Great River Energy tried to close Coal Creek Station, a failing coal power plant that had cost the electric co-op’s member-owners an estimated $170 million the year before. Officials in McLean County, North Dakota, where the station is located, responded by threatening to have the state’s attorneys nuke all renewable energy leases in the area, effectively holding hostage a high voltage power line carrying power from Coal Creek to the Twin Cities 436 miles away. In a time when transmission of electricity is perhaps the No. 1 barrier to electrifying our economy the message to Great River Energy was clear: The line would be used for coal, or for nothing.

The Lignite Council’s strategy here is a proven one: buy friends, disguise your interests, misrepresent the facts, and do anything to buy a little more time for the dying coal industry. Fossil fuel interests have been using the same playbook for decades, starting when they buried the research of their own scientists by hiding evidence of climate change from the public. Once word got out about this deception they worked to delay the clean energy transition in any way possible — discrediting science, blocking alternatives, and asking us to believe in an alternate “clean coal” reality in which carbon capture isn’t prohibitively expensive and where fossil fuels have been our clean energy solution all along.

Renewable energy, not fossil fuels, is Minnesota’s path forward, benefiting our wallets and health as well as our climate. We welcome informed and honest debate about how the whole region can thrive going forward, but that does not include furtive meddling and veiled threats. This an uncomfortable truth for North Dakota’s outdated dirty energy economy, but Minnesota needs to do what is best for Minnesota—and this means passing the 100% Clean Energy bill (H.F. 7 / S.F. 4) now.

Duane Ninneman is Executive Director of CURE, a nonprofit organization based in Montevideo, MN that works to move people to action and build power within rural communities.

And now on the House floor debate. 

Related posts

• Fact check: is the Coalition for a Secure Energy Future "hard hat labor" lobbying group? Well, no
• Is putting a smile on Tom Bakk's face the best thing ND lignite research fund has ever done?
• ND state/lignite industry partnership continues funding for Coalition for Secure Energy Future
• North Dakota's coal marketing campaign to give lignite sales pitch at MN electric co-op offices
• Horse hockey: who's pushing the puck for new Coalition for a Secure Energy Future TV ad?

Photo:  A carefree family vacation to the North Dakota coal fields offered by Steele-Waseca Cooperative Electric.

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SD Searchlight: Risky rescues have state pondering approach to drivers who ignore road closures

Just before I read this article in the South Dakota Searchlight this morning, I looked at a winter weather alert for another round of snow and ice here in Northeastern South Dakota, where many of our secondary and county roads are still ice rinks after earlier winter storms.

Sioux Falls television weather predicts a second round of snow this weekend.

I'm not one to hit the road when winter driving conditions are bad; I hoping the satellite information super highway stays open as well.

Risky rescues have state pondering approach to drivers who ignore road closures
By John Hult

PIERRE – Hundreds of motorists drove around Interstate blockades or ventured onto snowed-over highways during a two-week storm event late last year, diverting the energies of emergency responders to rescues that sometimes put those responders at risk. 

That’s not uncommon during winter storms, according to Sec. Craig Price of the Department of Public Safety (DPS). But the intensity and duration of the two-part storm last month highlighted the perennial difficulty for state troopers during severe weather, Price told the Senate Transportation Committee on Wednesday.*

First responders worked non-stop to clear roadways and rescued a host of stranded motorists, he said, in one case working for hours to find an exposed corner of a drifted-over vehicle near Rosebud, then working hours more as V-plows got stuck clearing a path to the vehicle.

Price lauded the efforts of responders in that case, which saw the stranded couple transferred to Mission to recuperate.

The couple near Rosebud had gotten lost, Price said, but others placed themselves in peril by ignoring pleas from public safety officials to stay home.

The response from DPS is the same regardless, he said.

“When they get stuck and they call, we go and get them,” Price said

The Highway Patrol alone had 33 rescues during the storm, he said, and other DPS first responders conducted many others. On more than one occasion, plow drivers attempting to rescue stranded drivers found themselves stuck and calling for more help. 

The incidents have spurred discussions between Price and Department of Transportation Secretary Joel Jundt on how the agencies manage situations where drivers ignore road closure warnings could put the lives of rescue teams at risk.

Some state and local officials have begun to ask Price hard questions about those situations, like “at what point do we say ‘it’s too dangerous to go out and come get you?’”

It’s the second time in as many weeks that Price offered a rundown of emergency operations to lawmakers. He told the Joint Appropriations Committee similar stories last week.

On both occasions, lawmakers questioned if there might be a way to enforce closures more strictly. Intentionally driving around road closure signs is a class two misdemeanor punishable by up to 30 days in jail and a $500 fine.

Last month, Price said, the DPS issued 149 tickets for ignoring barricades.

During the transportation committee hearing, Sen. Arch Beal, R-Sioux Falls, told Price he’d personally pulled multiple drivers loose near his home and asked if there might be ways to further defer unsafe driving during storms.

“I went out there and thought ‘if I had a ticket book, I could get some school funding,’” Beal said. 

Some of the fees from criminal fines support public schools.

The trouble is with state roads, Price said. The DPS can close Interstate on- and off-ramps, but “we don’t have the ability to physically close those roads.”:

The tickets issued last month were written for drivers who’d driven on the Interstate, he said. 

Another complicating factor is the proliferation of GPS navigation technology. After the Wednesday hearing, Col. Rick Miller of the Highway Patrol said cell phones may tell drivers that the interstate is closed, but suggest an alternate route that’s even less safe.

“I think technology has pushed people to the side roads,” Miller said.

The DPS will continue rescuing motorists, Price said, but he and Sec. Jundt will review protocols for the next major storm.

“We have committed to taking a look at this, because it was so highlighted by this winter storm,” Price said. 

This article is republished online under Creative Commons license CC BY-NC-ND 4.0

Photo: Crews push their way through a massive snowdrift plugging an overpass at Indian Creek Service Road under I-90 and near Kadoka. (Courtesy of State of South Dakota Highway Crew via South Dakota Searchlight).

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Marshall Independent & Strib: Farmer, attorney promote carbon pipeline mitigation agreements

On January 16, Bluestem posted a press release article from the West Central Tribune, Landowners & concerned local folks invited to Carbon Pipelines 101 meeting Jan. 23, Lamberton.

I wasn't able to attend. Fortunately, Fritz Busch was there. 

Update: The Star Tribune's Jennifer Bjorhus was also there. What the reporters witnessed doesn't conform to cheery lobbyists' sponsored takes one might read in morning publicists' newletters.

At the Star Tribune, Jennifer Brojhus reported in Carbon Express' pipeline runs into skepticism in Minnesota farm country:

. . . A company executive said Summit has secured about half the easements it needs in Minnesota. Even so, pushback was evident in this small southwest Minnesota farm town Monday evening where about 120 people, mostly landowners, packed the American Legion hall for a two-hour community meeting on carbon pipelines.

Summit's project would capture carbon dioxide emitted by more than 30 ethanol plants in five states, and transport the highly-pressurized fluid carbon dioxide to North Dakota, where it would be injected underground for permanent storage. Lamberton is home to one of those plants, Highwater Ethanol.

Supporters say every possible approach must be taken to cut greenhouse gas emissions; opponents call carbon pipelines a false climate solution that continues fossil fuel reliance.

Monday's meeting was organized by Carbon Pipelines Minnesota, an opposition group run by Clean Up the River Environment (CURE), a Montevideo-based environmental nonprofit focused on rural communities. The group has been rallying landowners facing whether to sign an easement with Summit, whose pipeline would run about 240 miles in Minnesota.

The main message Monday: Landowners need to carefully weigh the risks, and negotiate a fair deal if they decide to sign.

"This is a community issue, not just a private landowner issue, because it will affect all of us," CURE director Peg Furshong told the crowd.

Landowners are questioning the global warming benefits and safety of piping and sequestering carbon dioxide, as well as the terms of the easement agreements. There's also distaste with how the land agents for Summit have dealt with landowners. The state has ordered a full environmental review of the pipeline, which is not yet approved. . . .

Busch reports in the Marshall Independent article, Farmer, attorney promote carbon pipeline mitigation agreements:

An Olivia farmer and a Twin Cities attorney talking at the American Legion Monday provided many of the nuts and bolts for more than 100 farmers on what is said to be the world’s largest carbon dioxide pipeline project.

A handful of speakers addressed easements, safety, crops, land and environmental concerns regarding the $4.5 billion Summit Carbon Solutions CO2 capture project that would connect biofuel plants in five states to North Dakota storage sites via underground pipelines.

The Minnesota pipeline route crosses Chippewa, Cottonwood, Jackson, Kandiyohi, Martin, Otter Tail, Redwood, Renville, Wilkin, and Yellow Medicine counties.

Olivia farmer Bob Ruebel said he learned about the subject decades ago when the Alliance pipeline system created a 2,391-mile natural gas pipeline system linking the U.S. and Canada that crossed Renville County.

“Be sure you know what you’re getting into and are protected,” said Ruebel. “Organize and have a mitigation agreement. Look closely at your property insurance. Look for a pollution exclusion (that excludes coverage for losses) caused by pollution, whether in solid, liquid or gaseous form.”

Ruebel talked about the Alliance pipeline and joining a group including Renville County farmers who collected dues to pay an attorney for legal help.

“It was the best investment I ever made,” Ruebel said.

“Only sign an easement with a mitigation agreement,” he added. “Easement non-disclosure? That’s hokey.”

“An easement is not confidential,” said Twin Cities attorney Michael Cashman. He added that economists can determine what figures should be used in a mitigation agreement against future crop losses and that science is contrary to no yield loss to land affected by easements.

Clean Up the River Environment (CURE) Director of Programs Peg Furshong advised against signing easements before the carbon pipeline project is approved by Minnesota government agencies.

“Pre-signed easements give them (big corporations) leverage. Be sure you know what you’re getting into and are protected,” Furshong said.

Earlier this month, the Minnesota Public Utilities Commission (PUC) ordered the preparation of an environmental impact statement (EIS) as part of the state’s first carbon capture pipeline project application. The permitting process will involve many public engagement opportunities.

EIS reports discuss the potential environmental impact of proposed federal projects. They must include a reasonable range of alternatives to the proposed action and their consequences. There is a public comment period.

The project must be approved by the Minnesota PUC and Minnesota Pollution Control Agency (MPCA).

Iowa farmer Dan Wahl said eminent domain is available for the project in Iowa but not Minnesota. He did not sign an easement and is in a court battle over it. He urged Minnesota farmers to protect themselves before signing easements.

Read the rest at the Marshall Independent. Consider a subscription to the Marshall, MN, local paper.

Related posts

•  Ethanol carbon pipelines prompt SD landowners to push for tighter eminent domain restrictions
• Landowners & concerned local folks invited to Carbon Pipelines 101 meeting Jan. 23, Lamberton
• News digest: South Dakota and Minnesota PUCs deal with Summit carbon pipeline issues
•  In Iowa, ethanol carbon pipeline opponents want pause until new safety regulations are ready
•  Summit Carbon Solutions files permit for risky CO2 pipeline in Otter Tail and Wilkin Counties 
•  Will ethanol carbon capture pipelines fracture brittle unity of South Dakota Republicans? 
• South Dakotans & others get fantods over Summit Carbon Solutions' sketchy 10% owner
• Matt Birk loves the ethanol carbon dioxide pipeline proposed by Summit Carbon Solutions
• Ethanol carbon pipeline news digest: from the Guardian to the Aberdeen American News 
• Navigator CO2, POET sign letter of intent for carbon capture, utilization, and storage service
• Carbon capture pipeline blues: SD landowners call for dismissal of pipeline permit application 
• Iowa Capital Dispatch: Group seeks end of ethanol carbon pipeline ‘harassment’
• Ethanol carbon capture pipeline digest: farmers, students, greenwashing, safety, law enforcement
• Storm Lake Time Pilot's Art Cullen: Ripping up CRP is a terrible signal for the planet
• Minnesota Public Utility Commission claims regulatory authority for carbon pipelines
• CO2 pipelines could affect the land, lives and livelihoods of South Dakota property owners
• SD News Watch: Proposed CO2 pipelines thrust SD into billion-dollar climate change debate
• About that permanent carbon storage by the Summit ethanol pipeline & Project Tundra
• Ethanol carbon capture pipeline news digest: political power and big money edition
• Ethanol carbon pipeline digest: trust & protest
• South Dakotans, Iowans don't hug CO2 pipeline
• Keloland: mostly negative public comments to SD Public Utilities Commission on CO2 pipeline
• Strib: Ethanol's per-gallon carbon output shrinks, but greenhouse gas from plants remains high
• We agree: It's time to move on from ethanol
• Another IA newspaper editorial board questions ethanol industry, carbon capture pipelines
• Ethanol CCS pipeline update: Reuters & Agweek
• Not a lot of easements for Midwest carbon pipeline, but plenty of political connections
• 2 ethanol CO2 headlines that make us go hmmm
• CO2 pipelines: who wins & who loses?
• Coming soon from a cornfield near you: mammoth carbon capture pipeline system
• Mother Jones: USDA Secretary Vilsack’s son works for a controversial ethanol pipeline project
• Iowa county boards scorn construction of CO2 pipelines, use of eminent domain to build them
• Digest of news about carbon dioxide pipeline

Photo: Photo by Fritz Busch Anita Vogel of Lamberton talks to more than 100 farmers at a carbon pipeline meeting at the Lamberton American Legion Club Monday, published in the Marshall Independent.

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MN House Environment and Natural Resources Committee advances Lottery-In-Lieu legislation

Back in February 2022, Tony Kennedy reported for the Star Tribune in Minnesota outdoors lovers push to recapture dedicated funding:

Years ago when former state Sen. Bob Lessard was campaigning with Bud Grant for dedicated outdoors funding, the legendary Vikings coach preached the importance of legislators keeping their hands "out of the cookie jar.''

In the case of "lottery in lieu'' monies won in 2000 for hunting, fishing, parks and trails, Grant's concerns came to life when lawmakers quickly raided the special account to help shore up the state's general fund.  . . .

It's too early to say whether the restoration attempt will succeed, but the push is receiving bipartisan support in the Senate and House, where a companion bill is ushered by Rep. Rick Hansen, D-South St. Paul, also a committee chairman.

"Hopefully the coalition of Minnesotans will continue to grow and get this great outdoors bill passed,'' Hansen said after Ruud's Senate committee voted Wednesday in favor of the change.

"Lottery in Lieu" allocations — created in the 1990s — are tied to state lottery ticket sales. Those sales are exempt from state sales tax, so the Legislature imposed an "in lieu'' fee equal to the tax. In 2000, Lessard and others led a charge at the Capitol to dedicate 97 % of the "in lieu" proceeds to the outdoors. Half went to the Department of Natural Resources Game and Fish Fund and nearly all the rest was assigned to parks and trails. Two percent went to zoos.

But just one year later, budget shortfalls prompted lawmakers to reduce the dedicated amount to 87%. In 2003, it was further reduced to 72.43% , where it still stands. The portion trimmed from the account still flows into the general fund.

That effort was dashed last year, but the push is renewed this year.

In the Minnesota House Environment and Natural Resources Committee on Tuesday, Chair Rick Hansen, DFL-S. St. Paul, presented HF389,which would increase the amount dedicated to those purposes from 72.43% to 99%.

Here's a Minnesota House press release about the hearing, Rep. Hansen’s Statement on the House Environment and Natural Resources Committee Advancing Lottery-In-Lieu Legislation:

This afternoon, the Minnesota House Environment and Natural Resources Committee advanced HF 389, a bill to increase the percentage of revenue from the lottery-in-lieu account that is dedicated to protecting fish and wildlife, and improving trails, parks, and zoos.

When the account was established, 97% of lottery-in-lieu funds were dedicated to the uses listed above. During the Pawlenty Administration, that account was raided, and the amount dedicated was reduced to 72.43% with the rest going to the general fund. HF 389 would increase the amount dedicated to those purposes from 72.43% to 99%.

State Representative Rick Hansen (DFL – South St. Paul), chair of the Environment and Natural Resources Committee, is the author of HF 389.

“This bill rights past wrongs by increasing the percentage of lottery-in-lieu funds dedicated to preserving our fish and wildlife and improving our trails, parks, and zoos after those funds were raided to pay for other projects,” Rep. Hansen said. “By returning funding to this dedicated account, we can protect our natural resources for future generations of Minnesotans to enjoy. I thank the testifiers and others who supported the bill during previous sessions and today’s hearing.”

The bill passed and was referred to the Ways and Means Committee. Video of the meeting is available on House Public Information Services’ YouTube channel[embedded below]. More information, including documents in support of the bill from the hearing, is available on the committee webpage.

Here's the Minnesota House Information Services YouTube of the hearing mentioned above, beginning with the hearing on HF389:

Logo: The Minnesota State Lottery Logo.

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[VIDEO] Minnesota agriculture officials seek additional $117 million over next four years

I watched this hearing earlier today. Fairly straightforward presentation.

From Session Daily:

State agriculture officials seek additional $117 million over next four years
By Margaret Stevens

The Department of Agriculture comprises less 0.5% of the total state budget, and like other departments, it, too, is looking for more money.

And Gov. Tim Walz would like to oblige.

Commissioner Thom Petersen told the House Agriculture Finance and Policy Committee Tuesday the governor’s budget seeks an additional $45.5 million above its base appropriation for the 2024-25 biennium and $71.1 million for the following two budget years. Money would be used to expand staff in a few key areas, offer new services, update technology and provide more money to popular grant programs.

The budget proposal includes $17.6 million annually for the Agricultural Growth Research Innovation Program, which grew out of ethanol producers’ payments and currently assists in the development of new products. The department would also like to extend the program’s sunset date from 2025 to 2035.

There is an ask of $5 million in one-time spending to create a grain indemnity fund, to protect growers when a buyer or elevator becomes insolvent. Neighboring states have had success with such a program, said Deputy Commissioner Andrea Vaubel.  

[MORE: See the governor’s budget recommendations]

Developed with public input, the department’s budget request includes several of the approximately 300 spending ideas submitted through a public portal. Among the suggestions is a meat processing liaison, who could help smaller processors with issues such as zoning or plumbing. The department needs $150,000 annually to fund the position with half the money coming from the federal government. 

The office is also looking add to its emerging farmers office and hire a full-time international trade representative.

Among other budget requests in the proposal are:

• S8.1 million in the 2024-25 biennium and $9.6 million in the 2026-27 biennium to maintain service levels as costs increase for things like salaries, IT services and lab costs;
• $5 million in and $10 million in the ensuing biennia for claims on an incentive program encouraging innovation in advanced biofuels, biomass thermal energy and renewable chemicals;
• $4 million in the next biennium for the healthy soil grant program, which builds on a $500,000 pilot project from last year. It awards grants for equipment and machinery for soil health management practices;
• $4 million for this biennium and $3 million going forward to address a funding shortfall for the Agriculture Best Management Practices revolving loan program;
• $3.8 million to modernize the department’s food licensing processes;
• $2.4 million in 2024-25 to update the department’s IT systems and authorization to pay fees going forward;
• $1.5 million for biofuels assistance grants to service stations;
• $822,000 the first year and $676,000 ongoing to cover costs the Agriculture Department expects to incur if cannabis is legalized; and
• $100,000 per year ongoing for a program that pays market rate prices to underserved farmers and  donates the food to hunger-relief organizations across Minnesota.

There’s no impact to the General Fund, but the department would also like to increase fertilizer tonnage fee by 25 cents per ton. Fees fund inspections, permitting and nitrogen point source evaluations. The request received extra scrutiny from several committee members.

“Keep in mind this is one more burden farmers have to bear,” said Rep. Bobbie Harder (R-Henderson). 

Here's the Minnesota House Information Services YouTube of the hearing:

Related post

MN Farmers Union president: A legislative agenda for Minnesota’s family farmers

Photo: A farmer's spring field work in Renville County can go after sunset. Via Facebook.

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Officials: Cause of Huron dam fish die-off unclear

I grew up in southern Minnesota, where some lakes were shallow enough to experience winter kills, but mostly these happened in shallow prairie lakes and potholes.

An unsettling story from the South Dakota Searchlight tells the story of a massive fish die-off in Huron last week at a recently completed James River dam project.

Officials: Cause of Huron dam fish die-off unclear
By Joshua Haiar

A recently completed James River dam project was the site of a massive fish die-off in Huron last week, but state officials say the cause of the deaths is unclear.

A state official says they are monitoring the situation on the ground and may restock the affected area of the river.

The fish kill was the subject of a TikTok video that was also shared on other social media platforms. In the video, a man blames the dam project for the situation and levels a series of expletives at the engineers and city leaders who designed and approved it.

A renovation of the Third Street Dam was intended to prevent human drowning in the James River, according to city officials but it has also caught hundreds of dead fish. Most of the fish were shortnose and longnose gar or silver and bighead carp.

The dam was built in 1936 to create a small reservoir for the city’s water supply. The city has since changed its water supply to ground wells and the Missouri River, but the reservoir is still used for recreation.

Although the upstream depth of the dam is only a few feet, the downstream depth at the face of the 3rd Street Dam was about 14.5 feet prior to the rock installation, according to the City of Huron. Water flowing over the dam created a strong recirculating current that pulled swimmers under the water.

Huron Police Chief Kevin VanDiepen said at least two people had drowned at the dam since he started with the department in 1988.

Stockwell Engineering, the firm contracted for the project, advised filling the dam’s downstream side with rocks to prevent swimmers from being pulled under if they go over the dam’s spillway.

About two dozen people attended a meeting in 2017 where Stockwell engineers presented the proposal and answered questions, the Huron Plainsman reported. 

That meeting included questions about the impact on fishing. Stockwell President Jon Brown said not all of the risks can be eliminated.

The Department of Agriculture and Natural Resources was aware of the modifications, according to Nick Harrington of South Dakota Game, Fish and Parks (GFP), but “Because the improvements did not alter the dam itself or the area of water impounded by the dam, no regulatory review or approval was required by the department’s Safety of Dams program.”

State: winterkill not directly related to dam

While some locals have pointed to the rocks as the cause of the fish kill, USGS streamflow data suggests that the situation may be more complicated. The flow is no less than last year, according to a streamgage located near the dam, despite the rocks being installed sometime in mid-2021. 

“Streamflow at the James River at Huron in the winter of 2022-2023 is fairly normal compared to the past four years, and there has not been sudden changes to the flow recently,” said USGS Hydrologist Galen Hoogestraat in an emailed statement.

Low water and lack of oxygen may have contributed to the winterkill, Harrington said in a statement.

“Low oxygen levels may stress fish, and over extended periods of time can cause mortality,” Harrington said. “Winterkills such as this can happen in lakes and streams when water levels are low and heavy snow prevents sunlight from reaching the water column.”

GFP has staff onsite to monitor the situation, Harrington said. He said GFP fisheries staff monitor winterkill through the spring, and that based on the severity and species lost, the department will make fish stocking recommendations for impacted water bodies.

This article is republished under under Creative Commons license CC BY-NC-ND 4.0.

The great ichthyologist David Solomon caught some misidentification of South Dakota gars in earlier reporting by the Mitchell Republic:

Note @dailyrepublic, gar species killed in this incident are not Alligator Gar (species not found in SD), but large Longnose Gar and Shortnose Gar. pic.twitter.com/Q1QUrs8iSl

— Dr. Solomon David (@SolomonRDavid) January 24, 2023

Read the Mitchell Republic's coverage from Monday in 'Never seen anything like it': Hundreds of dead fish pile up on rocks at Huron dam.

Related posts

• SD Searchlight: State needs more incentives to keep manure out of water, regulator says
• Big Sioux River news digest: CREP program grant and water quality issues downstream

Photo: The Huron Fish Kill as of Jan. 24, 2023 (Courtesy Photo).

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Session Daily: Updates to food processing, ag worker labor laws clear key committee

I was distracted from posting by a freelance editing contract, and so was slow to post this weekend. Bluestem watched the hearing on this bill and so post this article from Session Daily.

When I was in graduate school at the University of Arkansas, some friends lived in a local trailer court where many of their neighbors were poultry processing workers--or former poultry processing industry workers, when their line injuries prevented them from working. 

It's good to see Minnesota move to include poultry processing workers in the Packinghouse Workers Bill of Rights.

From Session Daily:

Updates to food processing, ag worker labor laws clear key committee
By Steve Abrams

A multitude of laws governing labor standards for workers in Minnesota’s food processing and agricultural industries have lay dormant for over a decade. HF70 would make numerous substantive adjustments to this sleepy area of state law.

“These laws that we’re modifying here haven’t been changed in a long time. Our state has changed, our world has changed, and we need to update and evolve,” said Rep. Rick Hansen (DFL-South St. Paul), the bill’s sponsor.

Hansen noted his longstanding involvement in these issues – he played a key role in passing many of those statutes 16 years ago.

On Thursday, the House Labor and Industry Finance and Policy Committee approved his proposed updates on a split-voice vote, sending the bill to the House Judiciary Finance and Civil Law Committee.

The bill would amend labor law in several notable ways.

Currently, the Packinghouse Workers Bill of Rights only covers workers at meatpacking plants and only requires new employee paperwork to be provided in English and Spanish. The bill would expand the statute to include workers in poultry processing and mandate paperwork be provided in a recruit’s native language.

Protections found in the Bill of Rights would also be enlarged, affirming that new workers are entitled to receive information about worker’s compensation insurance at the start of employment.

These updated protections would be applied to migrant workers in the agricultural sector as well.

Fines levied by the Department of Labor and Industry and penalties handed down by court order for violating the terms of these employment standards would also be increased.

United Food and Commercial Workers Local 1189, which represents food processing workers across the state, signaled its strong support of the measure with both written and oral testimony. The union believes the bill is needed to ensure worker safety because of increased slaughter rates and employee diversity in recent years.

But not everyone is on board.

Noting he had worked on issues related to meat processing at the federal level, Rep. Isaac Schultz (R-Elmdale Township) expressed alarm that the bill would hurt the state’s ability to remain competitive in the industry.

“We need to ensure we have a competitive marketplace to do this, so that we are not increasing those costs for producers to send this meat to another state … where Minnesota workers don’t benefit,” Schultz said.

Here's the Minnesota Information Services YouTube of the House Labor and Industry Finance and Policy Committee meeting in which the bill was heard:

Related post

• DOL investigates JBS & Turkey Valley Farms contractor for hiring minors for cleaning jobs

Photo: A poultry processing line. From Grunge.

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