2023 Agriculture, Environment, & Natural Resources

Updated: 5/5/23

Back to 2023 Indiana General Assembly

Bad Bills

SB451: Carbon Sequestration Pilot Project

Authors: Sen. Jon Ford (R), Sen. Mark Messmer (R)

Sponsors: Rep. Alan Morrison (R), Rep. David Abbott (R), Rep. Tonya Pfaff (D), Rep. Robert Heaton (R)

Status: Signed into law by Gov. Holcomb

Position: CAC opposes this bill

Votes:

2/13/23: The Senate Environmental Affairs Committee amended SB451 twice by consent, then passed it by a vote of 8-3.
2/16/23: The Senate amended SB451 by voice vote.
2/28/23: The Senate passed SB451 by a vote of 27-21.
3/15/23: The House Environmental Affairs Committee amended SB451 by consent, then passed it by a vote of 10-3.
3/21/23: The House passed SB451 by a vote of 73-22.
4/4/23: The Senate concurred in House amendments by a vote of 30-18.
4/20/23: Signed into law by Gov. Holcomb

Description: SB451 authorizes a private corporation to condemn property with no notification to the property owner, and forces those Hoosier property owners to allow toxic, highly-pressurized carbon dioxide waste to be stored long-term underneath their properties without their consent. It also puts Hoosiers on the hook for the long-term costs and liabilities associated with any problems which can occur as a result of storing carbon dioxide waste underground.

SB451 is being pushed by a privately-owned corporation known as Wabash Valley Resources, who has been trying to get similar legislation passed at the Statehouse since 2019. They claim that they will develop the largest carbon capture and sequestration project (CCS) ever in the U.S. They opine that it is a climate change mitigation strategy, but the best way to mitigate climate change is to NOT produce carbon dioxide in the first place. This is clearly another huge science experiment for which a private corporation wants to force Indiana property owners and taxpayers to assume most of the liability and take on most of the risk.

The potential risks related to the underground storage of highly-pressurized CO2 waste include:

The possibility of carbon dioxide leaking into our aquifers, poisoning our water.
The possibility of carbon dioxide migrating to the surface, causing asphyxiation because carbon dioxide is heavier than oxygen and displaces oxygen.
The possibility of long-term underground storage of carbon dioxide increasing seismic activity.

SB414: Onsite sewage systems and holding tanks

Authors: Sen. Gary Byrne (R), Sen. Jack Sandlin (R), Sen. David Niezgodski (D), Sen. Blake Doriot (R), Sen. James Tomes (R)

Sponsors: Rep. Karen Engleman (R), Rep. Doug Miller (R), Rep. Joanna King (R)

Status: Signed into law by Gov. Holcomb

Position: CAC opposes this bill

Votes:

1/30/23: The Senate Environmental Affairs Committee passed SB414 by a vote of 8-2.
2/6/23: The Senate passed SB414 by a vote of 44-5.
3/22/23: The House Environmental Affairs Committee amended SB414 once by consent, passed a second amendment by a vote of 6-4, then passed the bill out of committee by a vote of 8-4.
3/27/23: The House passed Amendment #4 (Lehman-R) by voice vote, and failed Amendment #2 (Errington-D) by a vote of 32-64.
3/28/23: The House passed SB414 by a vote of 63-30.
4/13/23: The Senate dissented from House amendments
4/26/23: The Senate adopted the Conference Committee report by a vote of 50-0.
4/26/23: The House suspended the rules, then adopted the Conference Committee report by a vote of 90-1.
5/4/23: Signed into law by Gov. Holcomb

Description: CAC had no position on SB414 as it was originally written, but began opposing the bill when the House Environmental Affairs Committee passed an amendment that will further reduce protection of wetlands in Indiana at the behest of the Indiana Builders Association. Committee members only learned about the amendment they were voting on moments before the hearing (ironically on World Water Day). Thankfully the amendment came out in conference committee, so CAC was neutral on the legislation that was ultimately signed into law.

HB1623: Administrative rulemaking

Authors: Rep. Steve Bartels (R), Rep. Doug Miller (R), Rep. Jack Jordan (R)

Sponsors: Sen. Chris Garten (R), Sen. Eric Koch (R), Sen. Blake Doriot (R), Sen. John Crane (R), Sen. Tyler Johnson (R)

Status: Signed into law by Gov. Holcomb

Position: CAC opposes this bill

Votes:

2/14/23: The House Government and Regulatory Reform Committee amended HB1623 twice by consent, once by a vote of 9-1, and then passed it by a vote of 9-1.
2/16/23: The House failed Amendment #1 (Boy) by a vote of 27-64.
2/20/23: The House passed HB1623 by a vote of 73-24.
4/5/23: The Senate Judiciary Committee amended HB1623 by a vote of 7-3, then passed it by a vote of 6-4.
4/11/23: The Senate passed two amendments by voice vote, then failed Sen. Pol's amendment to remove coal ash from the bill by a vote of 20-28.
4/17/23: The Senate passed HB1623 by a vote of 30-18.
4/18/23: The House dissented from Senate amendments.
4/27/23: The House suspended the rules, then adopted the Conference Committee report by a vote of 66-28.
4/27/23: The Senate suspended the rules, then adopted the Conference Committee report by a vote of 29-19.
5/4/23: Signed into law by Gov. Holcomb

Description: restricts the Indiana Department of Environmental Management (IDEM) from implementing stricter requirements than federal law on Indiana coal plants - specifically coal combustion residuals (coal ash).

Good Bills

HB1219: PFAS Biomonitoring Pilot Program

Authors: Rep. Maureen Bauer (D), Rep. Julie Olthoff (R), Rep. Mike Andrade (D), Rep. Randall Frye (R)

Sponsors: Sen. Michael Crider (R), Sen. Eric Koch (R), Sen. Rodney Pol (D), Sen. David Niezgodski (D), Sen. James Tomes (R), Sen. Fady Qaddoura (D), Sen. Lonnie Randolph (D), Sen. Susan Glick (R)

Status: Signed into law by Gov. Holcomb

Position: CAC supports this bill

Votes:

1/30/23: The House Veterans Affairs and Public Safety Committee passed HB1219 by a vote of 12-0.
2/8/23: The House Ways and Means Committee amended HB1219 by consent, then passed it by a vote of 23-0.
2/14/23: The House passed HB1219 by a vote of 94-0.
3/21/23: The Senate Homeland Security and Transportation Committee passed HB1219 by a vote of 8-0.
3/30/23: The Senate Appropriations Committee amended HB1219 by consent, then passed it by a vote of 12-0.
4/4/23: The Senate passed HB1219 by a vote of 47-0.
4/11/23: The House concurred in Senate amendments by a vote of 95-0.
5/1/23: Signed into law by Gov. Holcomb

Description: Establishes and appropriates money to a pilot program for the Department of Homeland Security (DHS) to test Indiana firefighters for serum PFAS levels; and (2) to determine whether there may be corresponding health implications associated with elevated serum PFAS levels. Requires the DHS to provide a report regarding the results and recommendations for decreasing serum PFAS levels and exposure to PFAS chemicals no later than July 1, 2027.

HB1138: Preschool and Child Care Facility Drinking Water

Authors: Rep. Carolyn Jackson (D), Rep. Mike Aylesworth (R), Rep. Sue Errington (D), Rep. Victoria Garcia Wilburn (D)

Sponsors: Sen. Rick Niemeyer (R), Sen. Lonnie Randolph (D), Sen. Shelli Yoder (D), Sen. Dan Dernulc (R)

Status: Signed into law by Gov. Holcomb

Position: CAC supports this bill

Votes:

2/15/23: The House Environmental Affairs Committee amended HB1138 twice by consent, then passed it by a vote of 12-0.
2/21/23: The House amended HB1138 by voice vote.
2/22/23: The House passed HB1138 by a vote of 92-0.
3/27/23: The Senate Environmental Affairs Committee amended HB1138 twice by consent, then passed it by a vote of 9-0.
4/3/23: The Senate passed HB1138 by a vote of 47-0.
4/18/23: The House concurred in Senate amendments by a vote of 89-0.
5/1/23: Signed into law by Gov. Holcomb

Description: Requires the individual or entity having authority over a child care facility or preschool to test the drinking water in the child care facility or preschool before January 1, 2025, to determine whether lead is present in the drinking water. Identifies exceptions to testing before January 1, 2025. Requires action to reduce lead concentration that equals or exceeds the action level for lead.

SB247: Carbon Sequestration (dead)

Authors: Sen. Rick Niemeyer (R)

Status: Died in the Senate Environmental Affairs Committee

Position: CAC supports this bill

Description: Carbon capture and sequestration is becoming closer to reality in Indiana as BP and others are knocking on doors seeking land-rights to inject toxic supercritical liquid CO2 under our homes, farm fields, and other property, and build massive pipelines to transport this toxic waste stream.

The potential risks related to the underground storage of highly-pressurized CO2 waste include:

The possibility of carbon dioxide leaking into our aquifers, poisoning our water.
The possibility of carbon dioxide migrating to the surface, causing asphyxiation because carbon dioxide is heavier than oxygen and displaces oxygen.
The possibility of long-term underground storage of carbon dioxide increasing seismic activity.

Cities, counties, farmers, and property-owners are taking note. SB247 would provide local communities the right to fully vet and approve these projects before they can move forward.

SB335: Climate Solutions Task Force (dead - companion to HB1453)

Authors: Sen. Shelli Yoder (D), Sen. Ron Alting (R), Sen. Jon Ford (R), Sen. Eric Bassler (R), Sen. Vaneta Becker (R), Sen. Fady Qaddoura (D), Sen. Dan Dernulc (R), Sen. J.D. Ford (D)

Status: Died in the Senate Environmental Affairs Committee

HB1453: Climate Solutions Task Force (dead - companion to SB335)

Authors: Rep. Tonya Pfaff (D), Rep. Carey Hamilton (D), Rep. Chris Campbell (D), Rep. Maureen Bauer (D)

Status: Died in the House Environmental Affairs Committee

Position: CAC supports these bills

Description: SB335 & HB1453 would create a Climate Solutions Task Force in Indiana to study and make recommendations to the Governor and legislature by November 2024 related to clean energy and other sustainable solutions that Indiana must implement to address the existential threat that is climate change.

HB1604: Climate Change Studies (dead)

Authors: Rep. Carey Hamilton (D), Rep. Edward Clere (R), Rep. Sharon Negele (R), Rep. Victoria Garcia Wilburn (D)

Status: Died in the House Environmental Affairs Committee

Position: CAC supports this bill

Description: Creates a commission to study the impact of climate change in Indiana and annually report findings and recommendations to the Indiana General Assembly and the Governor from December 1, 2023, to December 1, 2027.

HB1190: Closure of Coal Combustion Residuals Surface Impoundments (dead)

Authors: Rep. Pat Boy (D)

Status: Died in the House Environmental Affairs Committee

Position: CAC supports this bill

Description: places certain requirements on the owners or operators of a coal ash waste pond (also called coal combustion residuals (CCR) surface impoundment). These requirements include, but are not limited to (1) removing all CCR from the CCR surface impoundment, (2) returning the site of the CCR surface impoundment to a nonerosive and stable condition, and (3) transferring the CCR for disposal in a landfill that meets certain requirements or putting the CCR to an encapsulated beneficial use.

HB1193: Greenhouse Gas Emissions Inventory Grant Program (dead)

Authors: Rep. Pat Boy (D), Rep. Mike Andrade (D)

Status: Died in the House Environmental Affairs Committee

Position: CAC supports this bill

Description: Requires the Indiana Department of Environmental Management (IDEM) to establish and administer the greenhouse gas emissions inventory grant program. Provides that IDEM may award a grant to a town, city, or county that partners with the Indiana Sustainability Development Program or any other accredited college or university in Indiana to conduct a greenhouse gas emissions inventory. Establishes the greenhouse gas emissions inventory fund and makes an appropriation to the fund.

HB1218: Environmental Scrutiny Before Property Transfer (dead)

Authors: Rep. Mike Aylesworth (R)

Status: Died in the House Environmental Affairs Committee

Position: CAC supports this bill

Description: Requires septic tanks to pass inspections before properties with septic tanks can be sold.

HB1250: Duty to Notify Water Utility of Spill (dead)

Authors: Rep. Ryan Hatfield (D), Rep. Justin Moed (D)

Status: Died in the House Environmental Affairs Committee

Position: CAC supports this bill

Description: Requires the environmental rules board to amend the administrative rules concerning spill reporting to require the party responsible for a spill into a body of water to give timely notice of the spill to the water utility if there is a substantial risk that the spill: (1) will cause a threat to human health or the environment; or (2) will: (A) impair the operation of; or (B) adversely affect the quality of the water produced by the water utility.

HB1467: Children and Lead Hazards (dead)

Authors: Rep. Pat Boy (D), Rep. Carolyn Jackson (D)

Status: Died in the House Judiciary Committee

Position: CAC supports this bill

Description: Requires K-12 schools to test students under age 7 for lead in their blood. Prohibits the renting or sale of a dwelling unit to a family that includes a child under the age of 7 if the dwelling unit is subject to a lead hazard, such as lead paint, lead contaminated soil, or lead pipes. Provides that a landlord or seller who knowingly or intentionally violates this prohibition commits a Class C misdemeanor.

HB1473: Indiana Farmland Trust (dead)

Authors: Rep. Maureen Bauer (D)

Status: Died in the House Agriculture and Rural Development Committee

Position: CAC supports this bill

Description: Establishes the farmland trust advisory board. Authorizes the Indiana State Department of Agriculture (ISDA) to accept or acquire certain real or personal property to be held in trust. Allows the department to lease agricultural land that is held in trust. Creates the Indiana farmland trust fund to: (1) purchase permanent agricultural conservation easements; (2) purchase agricultural land; and (3) maintain any agricultural land that is held in trust by the department.

SB91: Annual Inspection of CFOs (dead)

Authors: Sen. Rick Niemeyer (R)

Status: Died in the Senate Agriculture Committee

Position: CAC supports this bill

Description: Requires the owner or operator of a confined feeding operation (CFO, which is defined as an animal feeding operation having at least 300 cattle, 600 swine or sheep, 30,000 fowl, or 500 horses) to annually submit to the Indiana Department of Environmental Management (IDEM) a report concerning the operation of the CFO and any satellite manure storage structure associated with the CFO. Requires the department, after receiving a report concerning a CFO, to conduct an onsite inspection of the CFO to verify the information contained in the report.

SB399: Regulation of Coal Combustion Residuals (dead)

Authors: Sen. Rodney Pol (D), Sen. Susan Glick (R)

Status: Died in the Senate Environmental Affairs Committee

Position: CAC supports this bill

Description: Establishes a state policy favoring beneficial uses of coal combustion residuals (CCR). Provides that the rules of the environmental rules board may not allow CCR to be disposed of if, after the disposal, any of the CCR: (1) would be within a 500 year flood plain; (2) would be in contact with ground water; (3) could migrate into the uppermost aquifer; (4) would be left in an unstable area; or (5) would be in a seismic impact zone. Requires that the CCR disposal rules of the environmental rules board and the state permit program implementing the federal CCR rule be at least as protective and comprehensive as the federal CCR rule.

Watching

HB1106: Mine Reclamation Tax Credit

HB1132: Land Use Task Force

HB1367: Natural Resource Entrance Fees

HB1402: Waste Management Matters

HB1512: Solid Waste Matters

HB1556: Water Rights

HB1626: Administrative Rules Concerning Carbon Dioxide

HB1639: Watershed Development Commissions

HB1647: Residential Onsite Sewage Systems

SB133: Right to Food

SB155: IDEM Matters