Local Control

HB1053: Regulation of packaging materials

Authors: Rep. Ronald Bacon (R), Rep. Jim Lucas (R)

Sponsors:  Sen. Brent Steele (R), Sen. Vaneta Becker (R), Sen. Erin Houchin (R), Sen. Jon Ford (R), Sen. Chip Perfect (R)

Status: Signed into law by Gov. Pence

Votes:

• 1-19-16: The House Government and Regulatory Reform Committee passed HB1053 by a vote of 10-2.
• 1-25-16: The House passed HB1053 by a vote of 61-32.
• 2-11-16: The Senate Commerce & Technology Committee passed HB1053 by a vote of 6-4.
• 2-18-16: The Senate failed to support Sen. Mark Stoops' pro-consumer amendment to HB1053 by a vote of 9-38.
• 2-23-16: The Senate passed HB1053 by a vote of 38-12.
• 3-23-16: Gov. Pence signed HB1053

Position: CAC opposes this bill

Description: Amends the home rule statute to prohibit a local government unit from: (1) regulating: (A) certain activities with respect to reusable or disposable auxiliary containers designed for one time use or for transporting merchandise or food from food or retail facilities (auxiliary containers); or (B) a manufacturer of, a distributor of, or a food or retail facility that sells, provides, or otherwise makes use of, auxiliary containers, in connection with certain activities involving auxiliary containers; or (2) imposing any prohibition, restriction, fee, or tax with respect to auxiliary containers or to a manufacturer of, a distributor of, or a food or retail facility that sells, provides, or otherwise makes use of, auxiliary containers, in connection with certain activities involving auxiliary containers.

Essentially, HB 1053 would completely do away with local control by preempting city or county policies regulating plastic bags.

Environment

HB1082: Environmental Rules and Standards

Authors: Rep. David Wolkins (R), Rep. Heath VanNatter (R), Rep. James Baird (R), Rep. Terry Goodin (D)

Sponsors: Sen. Ed Charbonneau (R), Sen. Jeff Raatz (R), Sen. Chip Perfect (R), Sen. Liz Brown (R), Sen. Scott Schneider (R), Sen. Jon Ford (R), Sen. Jim Banks (R), Sen. Lonnie Randolph (D), Sen. Karen Tallian (D)

Status: Vetoed by Gov. Pence

Votes:

• 1-27-16: The House Environmental Affairs Committee amended HB1082 twice by consent, then passed the bill by a vote of 7-6.
• 2-1-16: The House amended HB1082 with a technical correction by a vote of 93-0.
• 2-2-16: The House passed HB1082 by a vote of 64-33.
• 2-22-16: The Senate Environmental Affairs Committee amended HB1082 by consent, and then passed it by a vote of 8-0.
• 3-1-16: The Senate passed HB1082 by a vote of 48-2.
• 3-3-16: The House concurred in Senate amendments by a vote of 65-30.
• 3-24-16: Gov. Pence vetoed HB1082

Position: CAC opposes this bill

Description: Would make it illegal for Indiana’s Executive Branch to pass policies that are tighter for public health than what the U.S. EPA does, for those situations where the EPA has set standards. While the EPA has acted decisively to protect our air quality, there are many areas where the EPA has been, candidly, weak. The EPA has not adequately protected the public from such serious environmental problems as pollution from fracking, factory farm manure pits, and outdoor wood boilers. HB 1082 is also called the “No More Stringent Than Bill”.

Update: On 2-22-16, the Senate Environmental Affairs Committee amended HB1082 and turned it into an Indiana Department of Environmental Management reporting bill.  It is now a much less harmful bill than it was in its original form.

SB386: Producer recycling

Author: Sen. Mark Stoops (D)

Status: Died in the Senate Environmental Affairs Committee

Position: CAC supports this bill

Description: Requires every producer of a product or material that results in waste packaging or waste printed paper to register with the department of environmental management (department) and, either singly or jointly with one or more other producers, to submit to the department for approval a producer recycling program plan under which the producer or group of producers will provide for or finance the recycling of packaging and printed paper. Provides that a proposed producer recycling program plan must include a description of the methods by which packaging and printed paper will be collected from households in a convenient manner in all parts of Indiana and recycled, an explanation of how the plan will be financed, and other contents. Establishes goals of: (1) recycling 50% of all household packaging and printed paper by July 1, 2022; and (2) recycling 60% of all household packaging and printed paper by July 1, 2025.

HB1296: Nullification of EPA regulations in Indiana

Authors: Rep. Chris Judy (R), Rep. Robert Heaton (R), Rep. Ben Smaltz (R), Rep. Doug Miller (R)

Status: Died in the House Judiciary Committee

Position: CAC opposes this bill

Description: Nullifies all regulations imposed in Indiana by the United States Environmental Protection Agency (EPA). Provides that the department of environmental management shall provide environmental protection for the citizens of Indiana.

HB1404: Federal Powers

Authors: Rep. James Baird (R), Rep. William Friend (R)

Status: Died in the House Judiciary Committee

Position: CAC opposes this bill

Description: Provides that a federal regulation is not binding on an Indiana governmental entity unless the regulation: (1) is substantively identical to a statute enacted as provided in Article I, Section 7 of the Constitution of the United States; or (2) has been specifically approved by a statute enacted as provided in Article I, Section 7 of the Constitution of the United States. 

Mass Transit

HB1071: Public transportation local public questions

Author: Rep. Jerry Torr (R)

Status: Died in the House Roads and Transportation Committee

Position: CAC supports this bill

Description: Authorizes the fiscal body of a township that is located next to certain counties or townships to pass a resolution to place on the ballot a local public question on whether the fiscal body of the eligible county should be required to fund and carry out a public transportation project in the township. Specifies the conditions under which a county fiscal body may impose an additional tax rate on county taxpayers that reside in a township that approves a local public question.

State Parks

HB1386: Various alcohol, tobacco, and e-liquid matters

Authors: Rep. Thomas Dermody (R), Rep. Phil GiaQuinta (R), Rep. Ed Clere (R) 

Sponsors: Sen. Ron Alting (R), Sen. Jim Arnold (R)

Status: Signed into law by Gov. Pence

Votes:

• 1-28-16: The House Public Policy Committee amended HB1386 twice by consent (voice vote), and then passed it by a vote of 12-0.
• 2-2-16: The House passed HB1386 by a vote of 86-10.
• 2-24-16: The Senate Public Policy Committee amended HB1386 four times by consent (voice vote), and then passed it by a vote of 7-2.
• 2-29-16: The Senate failed two amendments to HB1386 by voice vote, and failed a third amendment by a vote of 19-31.  They also passed one amendment by voice vote.
• 3-1-16: The Senate passed HB1386 by a vote of 33-17.
• 3-7-16: The House concurred in Senate amendments by a vote of 63-30.
• 3-24-16: Gov. Pence signed HB1386 into law.

Position: CAC opposes this bill.

Desription:  Among other things, provides that the department of natural resources (department) may apply for a three-way permit for a state park. Provides that the alcohol and tobacco commission shall issue a permit to the department for a state park without: (1) publication of notice or investigation before a local board; and (2) regard to quota provisions. Provides that an annual permit fee for a three-way permit for a state park is $250.

This is an attempt to do an end-run around local control, and allow alcohol sales at a newly rennovated pavillion at the Indiana Dunes State Park despite public opposition, and despite the fact that the local alcohol permit review board has twice denied such a permit.  For more info, check out this article in the Northwest Indiana Times.

SB188: State Park Alcoholic Beverage Permits (sister bill to HB1386)

Author: Sen. James Merritt (R)

Status: Died in the Senate Public Policy Committee

Position: CAC opposes this bill

Description: Requires the alcohol and tobacco commission to issue a three-way permit to the department of natural resources (DNR) for one or more state parks if a proper application is made. Exempts a permit issued for a state park from: (1) local board investigation and hearing on the application; (2) quota restrictions; and (3) requirements regarding the character of the permit applicant and the location of the permit. Exempts the DNR from provisions that prohibit a permit holder from discounting alcoholic beverage purchases: (1) for less than all purchasers; or (2) during a part of the day. Provides that the annual fee for a permit issued to a state park is $250.

HB1135: Excise Police

Author: Rep. Ed Soliday (R)

Status: Died in the House Public Policy Committee

Position: CAC opposes this bill

Description: Establishes the excise enforcement section of the state police department. Transfers certain powers, duties, and functions concerning the enforcement of the alcoholic beverage statutes and the alcohol and tobacco commission rules to the excise enforcement section of the state police department.