General Assembly wrestled with air and water quality, other issues

Senate Bill 343. Sen. Author: Gard (R-Greenfield). House Sponsor: Harris (D-East Chicago).

SB 343 was supported by the Indiana Manufacturer’s Association, the Chamber of Commerce, Inland Steel, and Eli Lilly and was an attempt to thwart ongoing discussions regarding new Clean Water Act regulations. In particular, the business community does not want Lake Michigan to be provided enhanced protections against increases in water discharge. The bill would have overturned 18 months of negotiations, but was vetoed by Governor O’Bannon. An attempt to override the veto is expected in 2000.

Environmental organizations hope the water board will have enough maneuvering room to maintain Lake Michigan’s current status as an "Outstanding State Resource Water." Also, there may be other mechanisms to achieve the same result by incrementally improving water quality through more stringent permit requirements.

Izaak Walton League will most likely sue over the rule on the basis of "backsliding." That is, the rules may allow for the degradation of water quality in Lake Michigan, a violation of the federal Clean Water Act.

House Enrolled Act 1561. Author: Rep. Kuzman (D-Crown Point). Sen. Sponsors: Simpson (D-Bloomington), Gard.

HEA 1561 was written by BP Amoco with oversight by CINergy (PSI). In its original form, the bill would have established an emissions trading program for the entire state of Indiana involving many different chemical compounds. CAC and others argued that the bill was impossible to implement and that certain portions of it would have violated federal law.

After prompting by United Steelworkers in Lake County and others, the bill was modified into a study committee. The bill may create a lot of work, as the study committee language was drafted by BP Amoco and seeks to set the stage for establishing a program very similar to the one envisioned in the original bill.

CAC is working with Northwest Indiana environmental organizations to put pressure on Rep. Kuzman to abandon the BP Amoco approach. We hope to convince those organizations to argue for an air emissions trading program limited to the Lake and Porter County nonattainment zone (an area that does not meet U.S. Environmental Protection Agency smog regulations) and to push for expansion of Indiana’s clean manufacturing program.

Senate Enrolled Act 154. Sen. Author: Gard (R-Greenfield). House Sponsor: Kuzman (D-Crown Point).

SEA 154 deals with state preparation for the transportation of high-level nuclear waste. It accomplishes little. Most transportation issues for this type of waste are preempted by federal law. This state bill could have provided the nuclear industry with an argument that Indiana is "ready" to accept the waste shipments. Moreover, the Indiana House passed House Resolution 56 (non-binding) last year which urged Congress not to pass HR 45, a federal law which would have allowed the transportation of spent nuclear fuel. (see page 8.)

House Enrolled Act 1638. House Author: Grubb (D-Covington). House Sponsors: Dillon (R-Columbia City), Leuck (D-Fowler) Sen. Sponsor: Weatherwax (R-Logansport). Sen. Sponsors: Lewis (D-Charlestown), Jackman (R-Milroy), Wolf (D-Monticello), Nugent (R-Lawrenceburg).

In 1998, the General Assembly passed a bill which eliminated much of local authority over zoning issues dealing with farming. The bill was pushed primarily by the Pork Producers Association and Farm Bureau. It was to set the stage for expansion of factory hog farms throughout rural Indiana by curtailing individual rights at the local level.

During the 1999 session, CAC sought to gain the support of the Indiana Association of Cities and Towns, as municipal expansion and property values were at risk. Eventually, Cities and Towns began to work seriously on the bill, but our combined efforts failed to stop it. However, Cities and Towns forced the O’Bannon Administration into negotiations. At the same time, the Iowa supreme court struck down a similar measure citing first amendment issues. As a result, language was added to the bill to restore local authority over zoning decisions with regard to farming. Unfortunately, the language does not address counties without zoning. Cities and Towns will continue to seek the necessary changes in the law by whatever means are appropriate.

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