ERMUSR Misc Issues 05-16-2006Elk River
Municip al Utilitie s
13069 Orono Parkway
Elk River, MN 55330
May 10, 2006
To: Elk River Municipal Utilities Commission
Jerry Takle
Jim Tralle
John Dietz
From: Bryan Adams
Subject: Miscellaneous Issues
phone: 763.441.2020
Fax: 763.941.8099
Cnclosed is the packet for the Tuesday, May 16, 2006 commission meeting at 4:OOprn.
Much has happened since our last meeting. Listed below is a quick synopsis of our major
projects.
1) Construction of the Otsego substation is almost complete. Still waiting for
delivery and installation of the 69 kv switch. Substation can be energized in late
June, depending on weather and GRE's schedule.
2) Otsego feeder construction proceeding better then anticipated. Delivery of
padmount switchgear will hold up completion until early July time frame.
3) Moving electric lines at Co Rd 42 and HW 101 to accommodate the overpass is
moving along slowly. Directional boring under HW 101 and along River Rd
to Dayton has taken almost 3 weeks instead of the planned 1 week. Glenn still
plans to have this project complete by 6-1-06.
4) Target feeder construction started 5-8-06 along Co Rd 30. Still too early to tell how
this job will progress.
5) Foundation work is complete on the station 14 substation expansion.
Grounding and steel erection will start shortly. GRE is becoming a large
concern with their station 14 upgrade. They are replacing a transformer and
increasing the bus size. The transformer is GE made in Mexico with delivery in
early Sept. Much of their substation material is not ordered yet. We have
grave concerns how GRE will serve our load at station 14 and yet meet the
11- l -06 deadline to provide Target with 10.3 M.W. additional capacity.
6) Installation of 4`~ engine/generator at the landfill has started. Delivery of engine in
the 4`~' week of May. This unit should be operational by late June.
7) Progress continues to be made on the Co Rd 33 project. The O.H. portion of the line is
constructed through the gravel mine on the new Co Rd 33 alignment. A lot of work
still remains for this project.
APPA's 2006 national conference is June 10-14 in Chicago. I plan to attend unless this board
desires otherwise. I would also encourage this commission to attend.
At the April ERMUC meeting, the commission desires to investigate providing Internet service
to the Elk River area. Mr. Mark Erickson, who I have met through MMUA, is very
knowledgeable about the telecommunication industry and would snake a presentation to this
commission. Due to the length of his presentation, we have scheduled hiin for our June meeting
when the agenda is shorter.
Enclosed is the following information for your reading enjoyment:
1) Connexus Energy March 2006 newsletter "Connection" addressing their rate increase
2) Owatonna Peoples Press 4-2-06 article titled "Reliable, affordable electricity at risk"
3) 4-18-06 correspondence from GRE indicating the UPA-CP merger is complete and our
agreement has been assumed by GRE
4) 3-31-06 Kiplinger Letter addressing jobs and workers
5) Article from Waterworld titled "Website focuses on Water Infrastructure"
6) 2 sheets on water. The first sheet addresses water facts in general and Minnesota in
particular. The second sheet is titled "So you think you water rates are too high?"
7) Part of agenda items 5.2 addresses loss of CDL license. This article from the League
of MN Cities addressed "Violations in a personal vehicle will impact your city's CDL
holders." Also attached is excerpt from MN statutes on disqualification of drivers
A monthly publication for customers of Connexus Energy.
COMMUNITY CALENDAR
Connexus Energy
Annual Meeting
April 6
10:00 a.m.
Held at Connexus Energy.
Driver Improvement
Program-55 Alive
April 13 & 14
May 5
Topre-register,: caN .1..888.234.1294.
Sponsored by St, gaud State`
University.
Connexus Energy
14601 Ramsey Blvd.
Ramsey, MN 55303
Lobby Hours
Monday -Friday
1:30. a.m. - 5 p.m.
Customer Service Hours
Monday -.Friday
- I a.m. = 7 p.m.
.763.323.2650
Outage Information
163.3233660
Email
infoCa3connexusenergy.wm
site
.onnexusenergy.com
Our customers have enjoyed one of the longest periods of rate stability in recent history.
"While virtually all aspects of today's cost of living continue to rise, we've successfully avoided
price adjustments. However, we have now reached the point where the costs we are absorbing
require a rate adjustment so that we can continue to provide the high level of service and reliable
electricity our customers expect. These adjustments are something we only consider when we
absolutely must," says Connexus Energy CEO, Rick Newland.
Effective April, a typical
residential customer who uses
750 kWh of electricity per
month can expect to pay
approximately four dollars more
on their monthly bill. Also in
April, the Power Cost
Adjustment (PCA) will be
reduced to zero. The PCA was
implemented several years ago
when wholesale power prices
began to fluctuate.
Why do wholesale power prices
continue to climb? It's a
combination of the growing
demand for electricity and the
need for new generation and
transmission Facilities. According
to Newland, the price Connexus
pays for electricity has risen by
Electricity is a value
Electricity remains a bargain. Below are selected
consumer items and their average annual percent growth
(unadjusted for inflation) over the last 10 years.
Gas
Beef
Bread
Milk
cPl* _ ~~'
Chicken
Orange Juice
Electricity
0% I% 2% 3% 4% 5% 6% 7% 8%
'CPI=Consumer Price Index, all items
Source: Bureau of Labor Statistics, 1995-2005
seven percent fn the last year.
"While we do not control wholesale power prices, we have successfully controlled the costs of
delivering the power to your home or business. We've done this by reducing costs in every area
of our operations."
Newland adds that Connexus Energy's rates remain comparable to, if not lower than,
surrounding utilities. "We believe that reliable electricity at a reasonable price is something you
can count on and that we deliver on a daily basis."
Gopher State Oae tall
` In Minneapol'a area, 651.454.0002
Outside metro area, 1.800:252.1166 `
0306-R
Hot,vc rebate offer
Community.
Corner
On behalf of Alexandra House, we
would like to thank Connexus Energy
for your sponsorship of the I`lope
Gala, a benefit for Alexandra House.
Your contribution represents an
investment in our community and
a partnership that we value greatly.
Again, thank you for your support
and commitment to helping
battered women and their
children live safer and healthier lives.
We could not even hope to achieve our
mission were it not for your thoughtful
and generous contribution. »
Sincerely,
Connie Moore
Executive Director, Alexandra House
If you're thinking of a new air conditioner, think energy-efficiency and save money.
~~oo Purchase and install a new high-efficiency ENERGY STAR® rated central air
REBATE conditioner, air source heat pump, or ground source heat pump, and you could
qualify fora $200 rebate.
Rebate quantities are limited. The offer is valid for qualifying units purchased and installed between
January 1, 2006, and December 31, 2006, or while rebate funds last. Visit us online at
connexusenergy.com, or call customer service at 763.323.2650 for complete details.
Member Notification
In compliance with Minnesota adopted rules relating to Co-generation and Small Power Production,
Chapter 7835, Connexus Energy is required to purchase electricity from co-generators and small power
producers which satisfy the conditions of a Qualifying Facility. Connexus Energy has available and will
provide free information to all interested customers regarding rates and interconnection requirements.
An Application for Interconnection is required for a Qualifying Facility to interconnect and operate in
parallel with Connexus Energy's distribution system and is subject to approval by Connexus Energy.
Any disputes over interconnection, sales, and purchases are subject to resolution by the Minnesota
Public Utilities Commission. Customers interested in further information should contact Brian Burandt
at 763.323.2648.
OPINIONS
Reliable, affordable elech icity at risk
ectnetty costs are at a critt-
cal point in .Minnesota without government policies on renew
able technology,. reliance on th
goyertunent issuing. more man- wholesale electric market t
dates. Gturent proposals in the meet daily electricity need
Legislature, if left unchecked, rather than
will make it tougher for our building their
company and hundreds others own genera-
to compete in the national and tion, and
international marketplace. The . higher costs
result will be fewer jobs and a for the fuel
dramatic impact on the state's that powers '
A~rel able and affordable
supply of electricity is among
the Minnesota Chamber o
Commerce's priorities and irate-
gral to a competitive economy.
Both are at risk.
State policy-makurs continue
to promote renewable energy
mandates with little discussion
- or even knowledge - of
their potential effect on elechic-
y costs orreliability.
The latest example is Gov
Tim Pawlenty's directive in his
State of the State speech that
Minnesota seta "strategic goal"
to produce 25 percent of its
energy from renewable sources
by 2025. No specifics. were
offered, but advocates of man-
dates take this as a "green
light" for requiring utilities to
add renewable generation
regardless of its consequences
for business and residential cus-
tomers alike.
Businesses already are see-
ing substantial increases in
electricity bills compared with
a year ago. Utilities are impos-
ing and/or seeking higher rates,
in part due to compliance with
.their genera-
tors. .For
example, on
f any given
day, Xcel 'Jay '
Energy' is Johnson
buyinga sig-
nificantportion of its electricity
on the wholesale market. Most
of this. electricity is produced
with natural gas which makes it
very expensive due to signifi-
cant increases. in gas costs dur-
ing the past year.
Manufacturers now are com-
peting with utilities for gas.
"They need it to meet strict em~i-
ronmental requirements. We,
on the other hand, need it to
make our produck Risuig costs
hurt us all.
Double-digit increases in
energy cost. per kilowatt hour
are fast becoming the. norm
across the state. For example, a
downtown St. Paul office build-
ing saw its January cost
increase by 25 percent over last
year. The cost at a St. Cloud
manufacturer rose 16 percent,
and the cost at our facility in
Owatonna also is 25 percent
higher than. a year ago.
- Several utilities -including
Xcel Energy
Southern ones leads the nation in almost
,
Minnesota. Municipal Power every category. Hardly a week
passes without a report on an
Agency, Daityland Power and alternative energy initiative
Alliant .Energy - have .
Witness the fact that Xcel
increased base rates. Other util- Energy has overtaken Southern
hies seem likely to follow in the California Edison as the
corning months, nation's largest purchaser of
Two legislative proposals wind energy, according to the
would worsen ,the situation.
One bill would require that util- American Wind Energy
Association. Minnesota also
hies generate 20 percent of
'their electricity from renewable ranks first in customer partici-
pation among leading utility
sources by 2020. The
Minnesota Chamber supports green~ower programs, accord-
ing to the U S. Department of
development of renewable Energy. Our state's commit-
technologies but opposes addi-
tional mandates. Renewable inert to community-based
wind energy, a law passed in
technologies remain expensive
because to maintain reliability 2005, gives Minnesota farmers
and small wind entrepreneurs a
standards,. they frequently- leg up on big producers like GE
requue backup generation from Wind and Florida Power &
a "dispatchable" power source Light -ensuring that the wind
- typically, natural gas,
Another bill would mandate generation stays in Minnesota.
A mandate would threaten
dramatic reductions in mercury these homegrown energy
envssions from power plants on sources.
a far more aggressive timetable Renewable technology ini-
than exists in current federal
law The Minnesota Chambe tiatives are good -but there is
r
continues to work with all a cost, especially when legisla-
tors insist on expensive man-
stakeholders to reduce pollution dates rather than incentives to
through voluntary efforts, but grow the industry. Vue all must
opposes legislative manda*.es to be keenly aware that every
achieve reductions that may not decision made by policy-mak-
even bepossible with existing ers or utilities may come with
technology. additional expense to cus-
This nation is moving
toward a cleaner energy future, tourers.
.lay Johnson is president of
and Minnesota is leading the Bushel Boy .Farms in
way. Our state's commitment to O-a~atonna and a member of the
current renewable technologies Minnesota Claanaber of
as well as financing research Commerce's Energy Policy
and development to create new e
o
s
Committee.
Lam! ~
- ,
_~ ~ /~~
a /
i ,/ '~
(= Wit-"'
~~.e. tat .........y~~i~. ~:~f ' ~ .
4.
.~.5~.
GREAT RIVER
ENERGY'
17845 East Highway 10 P.O. Box 800 Elk River, Minnesota 55330-0800 763-441-3121
April 18, 2006
Elk River Municipal Utilities
13065 Orono Parkway
Elk River, MN 55330
Attn: Bryan Adams
i C"i. r.
y,~~ $..'~ tj ,;~{ lei. ~'.4 ~
'1 ;~. 7 4
• Fax 763-241-2366
Re: IVIE'C~c;C vi COOperatfVe Po~vei ASSuC1at10n aild united POw'Gi'riSSUCiutluil i11t0
Great River Energy
Dear Bryan Adams:
As the final step in the combination of Cooperative Power Association ("CP") and U1lited
Power Association ("UPA") to fol-n1 Great River Energy ("GRE"), both CP and UPA will legally
merge into GRE on or about May 1, 2006, or as soon thereafter as final approval comes from the
Rural Utilities Service ("RUS"). GRE will be the surviving entity. By virtue of the merger,
under Minnesota law, GRE automatically will (1) succeed to all of the rights of CP and UPA
under, (2) be bound by the terms and conditions of, and (3) assume, and become legally
responsible for, all of CP's and UPA's liabilities under their agreements, as applicable, with Elk
River Municipal Utilities listed on F_xhibit A attached hereto (the "Agreements"). As you are
aware, GRE has fully operated CP and UPA since 1999 -this merger and resulting succession
and assumption will have no operational or other effect on how the parties are performing today
under the Agreements.
Each of the Agreements is currently subject to a pledge by CP, UPA or both, as
applicable, under their all-assets mortgages in favor of the RUS and other lenders. In connection
with the merger, both CP's mortgage and UPA's mortgage will be consolidated with the virtually
identical ail-assets mortgage of GP~E in favor of kuS and other lenders. As a consequence of the
merger and such consolidation, all of CP's and UPA's existing property, including the
Agreements, automatically will become subject to the lien of GRE's mortgage.
We very much appreciate our relationship with you and your ongoing cooperation with
us. If you have any questions, please call me at (763) 241-3782.
Sincet-~ly,
~: ~ I
(( ~~~,~
Eric 1•seil
Vice President & General Counsel
www.GreatRiverEnergy.com .{~,
A Touchstone Energy Cooperative j~tl~
Exhibit A
The Agreements
Distrihution Interconnection Agreement by and among Elk River Municipal
Utilities and Wright-Hennepin Cooperative Electric Association and UPA, dated
May 28, 1998.
Interconnection Agreement between Elk River Municipal Utilities and UPA,
dated May 1, 1988, and supplemented by Supplement No. 1, dated December 8,
1988; Supplement No. 2, dated December 14, 1993; and Supplement No. 3, dated
May 27, 1998.
^ ^
e i in er ester
FORECASTS FOR MANAGEMENT DECISIONMAKING
1729 H St. NW, Washington, DC 20006-3938 • KiplingerForecasts.com • Vol. 83, No. 13
Dear Client:
Adding fuel to the immigration fire...
The worker shortage is growing,
and it defies any other short-term solution.
Going vacant...jobs for the skilled:
IT techs, engineers, machinists, accountants.
And ones that too few Americans want:
Roofers, busboys, janitors and landscapers.
~: Employers are being forced to pay more
'~ ~ to find and keep reliable employees.
That may compel some firms to raise prices,
which will stir up inflationary pressures.
But even higher wages won't be enough
to alleviate the chronic skills deficiency.
The labor force will keep ti~htenin~
as more baby boomers head for the exit door,
with too few younger workers to replace them.
Workforce growth will slow dramatically...
from 1.1% now to an estimated 0.4% after 2010.
Washington, March 31, 2006
Finding foreign workers is harder, too,
as more overseas competitors join the fight
for skilled em to ees More for d
jGDP
Growth slipping to 3.3% this year
Ilnterest rates
Prime rate reaching 8%
__. i _ ................._.........._...........- _
Inflation
Moderating to 2.8%
Employment
(2 million more jobs
j Trade deficit
'* ~ Rising to $730 billion,
5.6% of GDP
Crude oil
t Over $70 a barrel by June
I"IOUSInQ sales NEW FORECAST
Easing 6% to 7.85 million
w ........................... _.............. -............ .
i i Retail sales growth
`! I Decelerating to 4%
Complete economic outlook at
Kip lingerForecasts.com/outlooks
p y eign gra uates
who used to stay and live in the U.S. will be lured away by companies
in their home nations or elsewhere that now offer good jobs and high pay.
U.S. offshore operations are already seeing hiring problems,
as a once plentiful labor force finds it has many more job options.
Competing for workers will require more creativity from firms.
Start with keeping current staffers on board. Replacement costs
add up quickly, so retention is easily the most cost-effective measure.
Flexible policies are key to persuading some would-be retirees
not to leave as well as to luring stay-at-home moms, at least part time.
Job sharing, telecommuting and flextime work well for many employers.
Some retail chains are now letting older employees in northern states
take similar jobs in their southern stores during the winter months.
Be willing to try new approaches. A dearth of bricklayers,
for example, has architects designing with materials other than brick.
Community colleges can be good partners in training workers,
a huge headache for most employers that won't go away anytime soon.
Many schools work closely with employers to provide customized programs.
AARP and the U.S. Chamber of Commerce are helpful liaisons
between employers and older job seekers. Trucking firms, for example,
are among 20 industries working with the two to find employees over S0.
To get details about the job help program, go to www.aarp.org/alliance.
The Kiplinger Letter (ISSN 1528-7130) is published weekly for $117/one year, $199/Mro years, $263tthree years SubSCripti0n inquiries: 800-544-0155 orsubservices~akiplinger.com
by The Kiplinger Washington Editors, 1729 H St., NW, Washington, DC 20006-3938.
Periodicals postage paitl at Washington, DC. EdifOrial in/O/R18h0I1: Tel., 202-8876462; Fax, 202-778-8976;
POSTMASTERS Send atldress changes to The Kiplinger Letter, P0. Bax 3295, Harlan, IA 51593. Email, letters@kiplinger.com; or Web site, KiplingerForecasts.crom
VIEWPOINT
Website Focuses on Water Infrastructure
A century ago, the average American used only
about 10 gallons of water a day to drink, cook, clean,
and bathe. Today, Americans use 100 gallons a day
per person on average. At ttre same time, the average
ATerican household spends only $474 per year on
water and wastewater charges, yet spends an average
of $707 per year on carbonated soft drinks and other
^oncarbonated refreshment beverages.
Those factoids are taken from an EPA Office of
Water web page devoted to building and maintaining
Sustainable Water Infrastructure for the 21st Cen-
tury. Included on the site is a wide variety of articles,
guides and case studies aimed at improving the man-
agement -and sustainabiliry - of water systems.
Tyre site builds on four "pillars" needed to insure
a sustainable infrastructure: better management;
efficient water use; the watershed
approach; and full cost pricing. While
,, all are important, in my opinion full-
cost pricing is key i^ this age of tight
budgets and growing need.
There's no question the water i~-
frastrucnire in the US is aging. We've
all heard about the huge infrastruc-
ture funding gap expected over the
next few years. W11ile there has been
a push for the-past several years to
increase federal funding for water, that's unlikely to
happen any time soon.
Ultimately most of the funding for water and
wastewater systems must come from revenues geucr-
ated by ttre fees charged by utilities. Fu11 cost pricing
must take into account all costs, past and future,
including building, operating and maintaining the
required infi~astrucnirc.
One key consideration is rliat price reflects value in
people's minds. Too often, somedling that is cheap
is considered to have no v~ilue. For water customers,
that can lead to waste and harm conservation efforts.
`...it is important for prices to reflect the increas-
ing scarcity of water. Part of this value includes the
increasing financial obligation needed to maintain our
water and wastewater systems' infrastructure," the
agency states on t11e site.
The EPA website provides information on the role
of prices in supporting water system infrastructure,
including a discussion about the types of pricing
structures commonly used today. Recent additions to
the site include a guide entitled "Setting Small Drink-
ing Water Systems Rates for a Sustainable Future."
And the document "Case Studies of Sustainable
Water and Wastewater Pricing."
The Sustainable Water Infrastructure for the 21st
Century web page can be found at http://www.epa.
gov/water/infrastructure.
February Column followup:
My Viewpoint column in February on the "water
war" targeting agriculture elicited more response
from readers than any column I've written in my 1 I+
years as editor of WaterWorld.
Several people pointed out that water subsidies for
farmers might keep food costs down, but they also
help perpetuate wasteful water practices and discour-
age conservation. The cheap water also has led to the
production of "water thirsty" crops in a desert region
- while at the same time driving farms in more suit-
able regions of the country out of business.
Water subsidies for farming in the arid west,
particularly in California's Central Valley, is a thorny
topic. I've done a fair amount of reading since that
Viewpoint was published, but haven't arrived at any
conclusions. On one hand I see the need for water
conservation and more realistic farming practices. At
the same time, I still feel that water subsidies have
helped US farms remain competitive with foreign
food producers.
In a perfect world we would have enlightened
water-use practices that yield maximum benefit with
minimum waste -both o^ the farm and in the cities.
Maybe one day we will actually get to that point.
i
James Laughlin, Editor
1421 South Sheridan Road, Tulsa, Oklahoma 14111 WaterWDild serves engineers, managers, consultants and operations people in the Municipal Water/
Tel: (918) 831-9862 Wastewater Industry with information about products and services, technology, applications, legisla-
Fax:19181831-9776 lion and regulations to help them in planning, designing, operating and maintaining their systems.
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'aitor/Associate Publisher, James Laughlin (9181832-9320
E-mail: jamesl@pennwelLcom
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E-mail: PatcC~entouchonline.net
Presentation Editor, Heather Skeith (918) 631-9176
E-mail: heathersQpennwell.com
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E-moil: nickfQpennwell.com
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E-moil: emilyhQpennwell.cam
VP-Audience Devekopmenl, Gloria Adams
E-mail: gloriaAQpennwell.com
Chairman, Frank T. Lauinger
President and (E0, Roberi F Biol[hini
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WWW.WATERWORLD.COM,
So, you think your water rates are too high?
Many people complain about the prices they are paying for the high-quality water they get
from their taps. MRWA hopes the following information will help put things in perspective.
Below are calculations of the prices we would pay per gallon for some of the many products
we use on a regular basis:
Iced tea: 16 ounces at $1.55 = $12.40 per gallon
Fruit juice: 16 ounces at $1.59 = $12.72 per
gallon
Sports drink: 20 ounces at $1.75 = $11.20 per
gallon
Diet soft drink: 20 ounces at $1.55 = $9.92
per gallon
Domestic beer: 12 ounces at $2.50 = $26.67
per gallon
White Out: 7 ounces at $1.49 = $27.26 per
gallon
Brake fluid: 12 ounces at $2.19 = $23.37 per
gallon
Mouthwash: 1.5 ounces at $1.05 = $89.61 per gallon
Liquid antacid: 12 ounces at $6.35 = $67.76 per gallon
Liquid cold medicine: 6 ounces at $5.15 = $109.01 per gallon
Gasoline: 1 ounce at $.0214 = $2.74 per gallon
Bottled water: 20 ounces at $1.89 = $12.10 per gallon
Tap water: 128 ounces at $.0023 = $.0023 per gallon
Yes, that's right - $12.10 for a gallon of bottled water. Compare that to the average cost of tap
water, which is $.0023 per gallon! And, since the bottled water industry isn't regulated like
public water systems, those buying it typically don't even know where it comes from or what's
in it. Think about that the next time you turn on your tap and fill up your glass!
Reprinted from North Dakota Water, volume 13, Issue 8, October 2005
MAY zoo6 Pagel
Water Facts
Did You Know?
• Water is the most common substance found on earth.
• The only water we will ever have is what we have right now.
• Ina 100-year period, a water molecule spends 98 years in the ocean, 20 months as ice,
about 2 weeks in lakes and rivers, and less than a week in the atmosphere.
• Each day the sun evaporates 1,000,000,000,000 (a trillion) tons of water.
• Water is the only substance on earth naturally found in the three true element forms:
solid, liquid, and gas.
• 80% of the earth's surface is water.
• 97% of the earth's water is the oceans and seas.
• 66% of your body is water.
• Bones are 25% water.
• Human blood is 83% water.
• A person can survive without food for more than 30 days, but less than a week without
water.
• A gallon of water weighs 8.34 pounds.
• For every 2.31 feet that water is raised above the earth's surface it can create one
pound per square inch of pressure.
• For every 2.31 feet you are submerged below a body of water's surface there is 1 pound
per square inch of pressure equally placed on your body.
• The first water pipes made in the U.S. were fire-charred, bored-out logs.
• There are over 1 million miles of water pipelines and aqua ducts in the United States
and Canada -enough to circle the globe 40 times.
• There are over 59,000 community public water systems in the U.S.
• Community water systems process over 35 billion gallons of water daily.
• The average household uses 107,000 gallons of water per year.
• It takes 1,851 gallons of water to refine one barrel of crude oil.
• It takes 1,500 gallons of water to process one barrel of beer.
• It takes 120 gallons of water to produce one egg.
• Over 42,000 gallons of water (enough to fill a 30 x 50 foot swimming pool) are needed to
grow and prepare the food for a typical Thanksgiving dinner for eight.
• A single birch tree will give off 70 gallons of water per day in evaporation.
• An acre of corn will give off 4,000 gallons of water per day in evaporation.
Minnesota Rural Water Association 800-367-6792 -Fax: 218-685-5272
217 12'h Avenue SE Email: mrwa@mrwa.com
Elbow Lake, MN 56531 Website: www.mrwa.com
Minnesota Water Facts
The world's largest pelican
~~~.~ statue built in 1957 is on
the Pelican River in
~~'- downtown Pelican Rapids.
Counties with no natural lakes: Mower,
Olmsted, Pipestone, & Rock.
Minnesota has 90,000 miles of shoreline,
more than California, Florida, and Hawaii
combined.
The lake with the longest shoreline is Lake
Vermilion in St. Louis County (290 miles of
shoreline).
The number of
natural rivers and
streams in
Minnesota is 6,564
(69,200) miles.
State and national wild and scenic rivers
total 589 miles.
Lake Superior covers almost 32,000
square miles making it the largest of the
Great Lakes.
Minnesota's largest inland lake is Red
Lake with 288,800 acres or 451 square
miles.
The deepest natural lake in Minnesota is
Lake Saganaga in Cook County (240 feet
deep).
Minnesota's longest shoreline: Lake
Vermilion in St. Louis County with 290
miles of shoreline.
Total Minnesota River length is 370 miles.
Mississippi River length in Minnesota is
680 miles.
-----.r~•~aw The Minnesota River's length
- is 370 miles.
.~;
ri~w
._.:~:=~„~.z,~:";:.- The number of lakes in
Minnesota over 10 acres is 11,842.
The St. Lawrence Seaway opened in 1959
creating an oceangoing route into Duluth.
Lakes/Rivers (deep water): 2,560,299
acres.
Voyageurs National Park in northern
Minnesota is the largest water-based park
in the National Park System.
Ten most common lake names:
• Mud Lake - (201 Mud Lakes)
• Long Lake - (154 Long Lakes)
• Rice Lake - (123 Rice Lakes)
• Bass Lake
• Round Lake
• Horseshoe Lake
• Twin Lake
~ Island Lake
• Johnson Lake
• Spring Lake
Wetlands in 1850: 18.6 million acres
Wetlands in 2003: 9.3 million acres
.~ ~ Minnesota has one
.~ ~ r ~ ~ recreational boat per
.-~,.
=~. ~ every six people, more
"{~= ~' than any other state.
~-
_>
Minnesota Rural R'atcr Association
217 12't' Aeenue SE
Elbow Lake, MN 56531
800-367-6792
Source: Minnesota Department of Natural Resources E-mail: mrwarmrwa.com I Website: www.mrwa.com
Violations In A Personal Vehicle Will Impact Your City's CDL Holders
MN Cities Magazine (Nov/Dec 2005)
By Tracie Chamberlin, HR Manager
Earlier this year the state of Minnesota adopted legislation conforming state law with
federal regulations addressing standards, requirements and penalties for commercial driver's
license (CDL) holders. Effective August I, 2005, convictions for certain offenses (i.e. driving
while under the influence of alcohol as prescribed by state law) or serious traffic violations (i.e.
excessive speeding) committed in a commercial motor vehicle (CMV) or personal vehicle will
count against a driver's ability to hold a CDL. Any offenses that occurred before August 1,
2005, are not covered by this new state law.
Seven key provisions are found in the new law and they address the following areas:
disqualification for driving while suspended, disqualified, or after causing a fatality; emergency
disqualification of drivers posing an imminent hazard; expanded definition of serious traffic
violations; extended driver record check; new notification requirements; masking prohibition
(convictions will now appear on drivers' records and be available to authorized parties); and
disqualification for violations obtained while driving a noncommercial motor vehicle.
Even though .many of these provisions require action only at the state level, cities with
any job requiring an individual to hold a CDL should review the disqualifying offenses section
of the law (see the Tables available at www.fmsca.dot.gov) and share this inforn~ation with every
employee holding a CDL. The disqualifying offenses section provides a chart that describes an
offense (whether committed in a CMV or non-CMV) and the ensuing penalty. Some city
positions that commonly require an employee to hold a CDL include snowplow drivers, heavy
equipment operators, and certain maintenance or park positions. Employees or volunteers who
drive fire trucks and/or emergency fire equipment as part of their work for the city are not
required to hold a CDL.
Probably the most notable change that comes with this new ]aw is the penalties for drug
and alcohol related offenses. For example, if a CDL holder is arrested for driving under the
influence of alcohol and/or a controlled substance, for a first conviction or refusal to be tested
while operating a CMV or a personal vehicle, a CDL holder must be disqualified from operating
a CMV for one year. If a second conviction or refusal to test occurs in this same scenario, the
CDL holder is disqualified from operating a CMV for life.
Other penalties related to traffic violations have also been identified. If a CDL holder is
convicted two or more times in a three year period for a combination of any of the traffic
violations noted in the law, that CDL holder is disqualified from driving a CMV for anywhere
from 60 to 120 days. Again, the disqualification applies whether the offense occurred in a CMV
or in a personal vehicle.
Most of these new regulations will not directly affect a city's CDL drug & alcohol testing
policies. Rather, these changes are more likely to impact policies and practices related to
discipline, light duty, paid time off, and extended leaves of absence. It will be important for
cities to review policies, practices and any union contract language that may be affected by the
new law. In addition, cities should consider reviewing job descriptions that list "holding a valid
CDL" as an essential job function.
Several cities have already asked how they should handle employment of a CDL holder
in the time between an arrest and the outcome of a case under this new law. If an employee loses
his/her CDL immediately due to the offense and holding a valid CDL is an essential function of
the position, the city should consider removing the employee from the job until more information
is available. While "work permits" can be issued for use in a personal vehicle, work permits are
not available for commercial motor vehicles. In addition, a city should look to existing CDL
drug and alcohol testing policies for guidance, contact the city attorney and touch base with the
League of Minnesota Cities for answers to additional questions.
It is important that every city take the time to educate both CDL holders and the
employees who supervise CDL holders. Employees need to understand the potential impact of
this new law: Behavior in personal vehicles will count against the employee's ability to hold a
CDL. The League's HR & Benefits Department is developing additional materials to provide
member cities with further guidance on this issue.
More information about the FMCSA and this law can be found online at
www.fmcsa.dot.gov or by contacting the League's HR & Benefits Department at 800-925-1122
or HR&Benefits(a~lmnc.org.
Earlier this year the state of Minnesota adopted legislation
conforming state law with the federal regulations
addressing standards, requirements and penalties for
commercial driver's license (CDL) holders. Because the
federal regulations were adopted by reference in Minnesota
Statutes 171.165, it is necessary to go to the Code of
Federal Regulations for the text of this new law (see 49
CFR 383, subpart D and 49 CFR 384.219). These
requirements were developed and are administered on the
federal level by the Federal Motor Carrier Safety
Administration (FMCSA).
Training_/Information Resources:
Richard Norberg
Office of Freight & Commercial Vehicle Operations
MN Department of Transportation
651-405-6119
Dan Drexler
Minnesota Division
Federal Motor Carrier Safety Administration
651-291-6150
:;83.51 Disqualification of drivers.
(a; General
(aj(1) A dhver or holder of a CDL who is disqualified must not drove a CMV_
~ "') An employer must not knowingly allow, require, permit, or authorize a driver who is disqualified to drive a CMV.
t. ,,.~) A driver is subject fo disqualification sanctions designated in paragraphs (b) and (c) of this section, if the holder of a COL drives a CMV or n
CP~1V and is convicted of the violations.
(a)(4) Determining first and subsequent violations. For purposes of determining first and subsequent violations of the offenses specified in this
subpart, each conviction for any offense listed in Tables 1 through 4 to this section resulting from a separate incident, whether committed in a CM
or non-CMV, must be counted.
(a)(5) Reinstatement after lifetime disqualification. A. State may reinstate arn,~ driver disquaGfled for life for offenses descrbed in paragraphs (b)(1 )
through (b)(8) of this section (Table 1 to 383.51) after 10 years if that person has voluntanly entered and successfully completed an appropriate
rehabilitation program approved by the State. Any person who has been reinstated in accordance with this provision and who is subsequently
ccnvicted of a disqualifying offense described in paragraphs (b)(1) through (b)(8) of this section (Table 1 to 383.51) must not be reinstated.
(b) Disqualification for major offenses .
Table 1 to 383.51 contarns a list of the offenses and periods for which a driver must be disqualified, depending upon the type of vehicle the driver
operating at the time of the violation, as follows:
Table 1 to Sec. 383.51
If a driver operates a motor For a first For a first ; For a first conviction or ! For a second For a second
vehicle and is convicted o f: conviction or conviction or refusal to be tested ~ conviction or refusal conviction or
refusal to be refusal to be ,while operating a CMV to be tested in a refusal to be test
tested while tested while I transporting hazardous separate incident of in a separate
operating a CMV,a operating anon- I materials required to be any combination of incident of any
person required to CMV, a CDL placarded under the offenses in this Table combination of
have a CDL and a holder must be Hazardous Materials while operating a offenses in this
CDL holder must disqualified from Regulations (49 CFR CMV, a person Table while
be disqualified operating a CMV part 172, subpart F), a required to have a operating a non
from operating a for !person required to haver CDL and a CDL CMV, a CDL hold
CMV for a CDL and CDL holder holder must be must be disqualifi
must be disqualified disqualified from from operating .
from operating a CMV operating a CMV for CMV for
m for
(1) Being under the influence
1 year. _.
1 year.
_ _ _
3 years. :Life. Life.
of alcohol as prescribed by
State law.
(2) Being under the influence
1 year.
1 year. __
3 years. Life. .Life.
of a controlled substance.
(3) Having an alcohol 1 year. Not applicable. 3 years. Life. 'Not applicable.
concentration of 0.04 or
greater while operating a
CMV.
_ _ __
(4) Refusing to fake an alcohol
1 year.
1 year.
3 years. Life. Life.
test as required by a State or
jurisdiction under its implied
consent laws or regulations as
UCIII ICU III 30J. / L V I tI IIJ pall 1.
;5) Leaving the scene of an 1 year. 1 year. 3 years. Life. .Life.
accident
;6) ' ng the vehicle to 1 year. 1 year. 3 years. Life. Life.
nor, . a felony, other than a
felony described in paragraph
"b)(9) of this table.
(7) Driving a CMV when, as a 1 year.
result of prior violations
committed operating a CMV,
the driver's CDL is revoked,
suspended, or canceled, or
the driver is disquatifed from
operating a CMV.
_.
----
(8) Causing a fatality through 1 year.
the negligent operation of a
CMV, including but not limited ,
to the crimes of motor vehicle
manslaughter, homicide by
motor vehicle and negligent
- - ___
Not applicable. 3 years. Life.
Not applicable.
__
!Not applicable. 3 years. Life. '.Not applicable.
homicide.
__
(g) Using the vehicle in the :'Life-not eligible for
- _ .. __
'.Life-not eligible for 'Life-not eligible for 10- Life-not eligible for 10- .Life-not eligible for
commission of a felony 10-year 10-year ~, year reinstatement. year reinstat ement. 10-year
reinstatement.
involving manufacturing, reinstatement. reinstatement
distributing, or dispensing a
controlled substance.
__ _ _. _ - -
(c) Disqualification for serious Traffic violations. Table 2 to 383.51 contains a list of the offenses and the periods for which a driver must be
disqualified, depending upon the type of vehicle the driver is operating at the time of the violation, as follows:
Table 2 to Sec. 383.51
- - - - - __
If the driver operates a I For a second conviction
f
i
i
For a second conviction of ~ For a third or
combination of offenses ' subsequent conviction
an __.
For a third or su Sequent
conviction of any combinati
on o
nat
motor vehicle and is of any comb
convicted of offenses in this Table in y
' in this Table in a separate of any combination of of offenses in this Table in
a separate incident incident within a 3-year :offenses in this Table in separate incident within a
within a 3-year period ,period while operating anon- ', a separate incident .year period while operating
while operating a CMV, CMV, a CDL holder must be within a 3-year period non-CMV, a CDL holder mu
a person required to ;disqualified from operating a ~ while operating a CMV, a be disqualified from operati
~^~
have a CDL and a CDL CMV, if the conviction results ' person required to have ion
a CMV, if the conv
holder must be in the revocation, a CDL and a CDL holder ' results in the revc ~n,
disqualified from cancellation, or suspension must be disqualified cancellation, or suspension
'
operating a CMV for of the CDL holder's license or' from operating a CMV s license o
the CDL holder
non-CMV driving privileges, for non-CMV driving privilege
for
__ for
(1) S eeding '60 days _ 60 days. 120 days. 120.
P
excessively, involving
any speed of 24.1 kmph
(15 mph) or more above
the posted speed limit.
120 da s.
(2) driving recklessly, as'60 days.... 60 days _ ___ _ _ Y
defined by State or local
law or regulation,
including but, not limited
to, offenses of driving a '
motor vehicle in willful
or wanton disregard for
the safety of persons or
1120.
property.
(3) making improper or '60 days. 60 days. 120 days. 120.
erratic traffic lane
changes. _ _ _ __
_-
(4) following the vehicle !60 days. 60 days. ,'.120 days. 120.
ahead too closely. _
(5) Violating State or ,60 days. 60 days. '.120 days. :120.
local law relating to
motor vehicle traffic
control (other than
sparking violation)
arising in connection
with a fatal accident.
(6) driving a CMV '60 days. Not applicable. 120 days. Not applicable.
without obtaining a
r:nl
CLL.
(71 droving a CMV 60 days. 'Not applicable. 17.0 days. ' Nof applicable.
witho~,a a CDL in the
driver's possession\11-
- -
IR? driving a Cr`.1`/ 60 days. Nct applicable. :120 days 'Not applicable.
out the proper class
~ CDL and;or
endorsements for the
specific vehicle group
bung operated or for
.the passengers or type
rf ;,aryo b eing
transported.
__
\T~,Any individual who provides proof to the enforcement authority chat issued the citation, by the date the individual must appear in court er pay ar
fine for such a violation, that the rndividual held a valid CDL on the date the citation was issued, shall not be guilty of this offense.
(dj Disqua/i(rcation for railroad-highway grade crossing offenses. Table 3 to 383.51 contains a list of the offenses and the periods for which a drivE
must be disqualified, when the driver is operating a CMV at the time of the violation, as follows:
Table 3 to 383.51
If the driver is convicted For a first conviction a For a second conviction of any For a third or subsequent conviction
of operating a CMV in :person required to have a combination of offenses in this Table in .any combination of offenses in this Ta
violation of a Federal, CDL and a CDL holder a separate incident within a 3-year in a separate incident within a 3-yeas
State or local law because must be disqualified from period, a person required to have a period, a person required to have a C[
operating a CMV for CDL and a CDL holder must be and a CDL holder must be disqualifie
disqualified from operating a CMV for from operating a CMV for
_.
(i) The driver is not required 'No less than 60 days. No less than 120 days. No less than 1 year.
to always stop, but fails to
slow down and check that
tracks are clear of an
approaching train.
(21 The driver is not required ' No less than 60 days. No less than 120 days. No less than 1 year.
to always stop, but fails to
stop before reaching the
-.ing, if the tracks are
r,_ _lear
(3) The driver is always No less than 60 days. No less than 120 days. No less than 1 year.
required to stop, but fails to
stop before driving onto the
crossing.
(4) The driver fails to have No less than 60 days. No less than 120 days. No less than 1 year.
sufficient space to drive
completely through the
crossing without stopping.
(5) The driver fails to obey a No less than 60 days. No less than 120 days. No less than 1 year.
traffic control device or the
directions of an enforcement
official at the crossing.
(6) The driver fails to No less than 60 days. No less than 120 days. No less than 1 year.
negotiate a crossing
because of insufficient
undercarriage clearance.
__ _ _
(e) Disqualification for violating out-of-service orders. Table 4 to 383.51 contains a list of the offenses and periods for which a driver must be
disqualified when the driver is operating a CMV at the time of the violation, as follows:
Table 4 to 383.51
_. _
If the driver operates a CMV and is ! For a first conviction while For a second conviction in a For a third or subsequent
convicted of operating a CMV, a person separate incident within a 10- conviction in a separate incide
required to have a CDL year period while operating a within a 10-year period while
and a CDL holder must be CMV, a person required to have operating a CMV, a person
disqualified from operating a CDL and a CDL holder must be required to have a CDL and a C.
a CMV for disqualified from operating a holder must be disqualified fro
CMV for operating a CMV for
(1) Violating a driver or vehicle out-of- No less than 90 days or No less than 1 year or more than 5 No less than 3 years or more than
service order while transpor(ing more than 1 year. years. years.
nnnha-arrlni is matPrialc
nonhazardous materials
(2) Violating a driver or vehicle out-of- ' No less than 180 days or
service order while transporting more than 2 years.
hazardous materials required to be
placarded under part 172; subpart F of
this title, or while operating a vehicle
designed to transport 16 or more
No less than 3 years or more than No less than 3 years or more than
'S years. ;years.
passengers, including the dryer . _ _ _ _ __ _ _ _ _ _ _ _