2019 Agriculture and Environment Bill Watch List
Bad bill:
HB1266: Sediment and erosion control in construction
Authors: Rep. Doug Miller (R), Rep. Ryan Hatfield (D), Rep. David Wolkins (R)
Sponsors: Sen. Blake Doriot (R), Sen. Mark Messmer (R)
Status: Signed into law by Governor Holcomb
Position: CAC opposes this bill
Votes:
- 1/30/19: The House Environmental Affairs Committee amended HB1266 by consent, then passed it by a vote of 9-3.
- 2/05/19: The House passed HB1266 by a vote of 68-27.
- 4/02/19: The Senate Environmental Affairs Committee amended HB1266 twice by consent, then passed it by a vote of 7-4.
- 4/04/19: The Senate amended HB1266 by voice vote.
- 4/08/19: The Senate passed HB1266 by a vote of 31-18.
- 4/11/19: The House concurred in Senate amendments by a vote of 62-27.
- 5/05/19: Signed into law by Governor Holcomb
Description: Prohibits a community from requiring erosion and sediment control measures that are more stringent than those required by the Indiana Department of Environmental Management (IDEM). HB1266 removes a measure of local control that communities have over construction projects within their communities.
------------------------------------------------------
Good bills:
HB1044: Regulation of confined feeding operations
Authors: Rep. Ronald Bacon (R), Rep. Thomas Saunders (R)
Status: Died in the House Environmental Affairs Committee
Position: CAC supports this bill
Description: SB1044 amends the law on confined feeding operations (CFOs), which include any confined feeding of at least 300 cattle, 600 swine or sheep, 30,000 fowl, or 500 horses.
It establishes that CFO waste containment must be set back at least 500 feet from an onsite residence, 1,000 feet from an offsite residence, and 1,000 feet from a drinking water sources. Requires that existing CFOs wishing to expand also meet these setback requirements.
SB1044 also establishes air quality standards (for the first time ever) at CFOs and in surrounding areas, and requires that Indiana Deparment of Environmental Management (IDEM) enforce these standards.
Author: Rep. Ronald Bacon (R)
Status: Died in the House Natural Resources Committee
Position: CAC supports this bill
Description: HB1045 requires that all blasting operations involving surface coal mining operations must be monitored with the use of at least three seismic monitors. It also establishes that a surface coal mining operation must be set back at least 1,000 feet from any of the following: (1) An occupied dwelling, unless waived by the owner. (2) A public building. (3) A school. (4) A church. (5) A community or an institutional building. (6) A public park.
Authors: Rep. Robin Shackleford (D), Rep. Steven Davisson (R), Rep. Edward Clere (R), Rep. Vanessa Summers (D)
Status: Died in the House Ways and Means Committee
Position: CAC supports this bill
Description: HB1143 establishes and funds the Healthy Food Financing program to provide financing in the form of loans or grants for projects that increase the availability of fresh and nutritious food in underserved communities. The program is to be administered by the Indiana Housing and Community Development Authority (IHCDA).
Authors: Rep. David Wolkins (R), Rep. Sue Errington (D)
Sponsors: Sen. Mark Messmer (R), Sen. Rick Niemeyer (R), Sen. Lonnie Randolph (D)
Status: Signed into law by the Governor
Position: CAC supports this bill
Votes:
- 1/30/19: The House Environmental Affairs Committee passed HB1278 by a vote of 12-0.
- 2/14/19: The House passed two amendments by voice vote.
- 2/18/19: The House passed HB1278 by a vote of 97-0.
- 4/01/19: The Senate Environmental Affairs Committee amended HB1278 twice by consent and then passed it by a vote of 11-0.
- 4/09/19: The Senate passed one amendment by voice vote, and another amendment failed by a vote of 9-39.
- 4/15/19: HB1278 was placed back on second reading and amended again by voice vote.
- 4/16/19: The Senate passed HB1278 by a vote of 46-0.
- 4/18/19: The House dissented from Senate amendments.
- 4/18/19: House conferees: Rep David Wolkins (R) and Rep. Sue Errington (D)
- 4/18/19: Senate conferees: Sen. Mark Messmer (R) and Sen. Mark Stoops (D)
- 4/24/19: The Senate passed the Conference Committee Report for HB1278 by a vote of 49-0.
- 4/24/19: The House passed the Conference Committee Report for HB1278 by a vote of 85-8.
- 5/05/19: HB1278 was signed into law by Gov. Holcomb
Description: HB1278 began as an environmental omnibus bill, but was amended in the Senate to establish the 15 member 21st Century Energy Policy Development Task Force, which is required to:
- Examine and evaluate specified aspects of the state's policies concerning electric generation portfolios
- Develop recommendations for the general assembly and the governor concerning any identified challenges with respect to Indiana's electric generation portfolios
- Issue a report setting forth the task force's recommendations not later than December 1, 2020.
The Task Force will be comprised of 15 members:
- 4 members of the senate
- 4 members of the house of representatives
- 3 members who have broad experience in electric utility policy and are appointed by the governor, and at least one of whom represents utility ratepayers
- 1 member who has expertise with respect to the generation, transmission, and distribution of electricity, appointed by the governor
- 1 member who has expertise in advanced energy research and development, appointed by the governor
- 1 member who has expertise in renewable energy technology and deployment, appointed by the governor
- 1 member who has broad experience in both economic development and energy policy, appointed by the governor
Requires the IURC to conduct a comprehensive study and present it to the governor, the legislative council and the Energy Task Force by July 1, 2020 on the statewide impacts of:
- Transitions in the fuel sources and other resources used to generate electricity by electric utilities
- New and emerging technologies for the generation of electricity; on electric generation capacity, system reliability, system resilience, and the cost of electric utility service.
HB1378: Regulation of confined feeding operations
Authors: Rep. Sue Errington (D), Rep. Thomas Saunders (R), Rep. Carey Hamilton (D), Rep. Ron Bacon (R)
Status: Died in the Senate Environmental Affairs Committee
Position: CAC supports this bill
Description: Amends the law on confined feeding operations (CFOs), which include any confined feeding of at least 300 cattle, 600 swine or sheep, 30,000 fowl, or 500 horses, in the following ways:
- Instructs the Indiana Department of Environmental Management (IDEM) to issue CFO “permits” instead of “approvals” and increases the amount of information about waste treatment and water quality monitoring that the CFO must provide as a part of their application.
- States that no construction or operation of a CFO may occur without a permit from IDEM, and that CFO’s may not be modified without obtaining a permit modification from IDEM.
- Creates many more opportunities for the voices of the public to be heard as a part of the permit application process.
- Requires the commissioner of IDEM to deny an application for a permit or permit modification if the proposed activity would substantially endanger public health or the environment.
- Requires IDEM to establish rules limiting pollutants like hydrogen sulfide, volatile organic compounds, and ammonia.
- Requires that a new or expanded CFO must be set back from any residence by at least a mile.
HB1433: Drinking water testing in schools and child care facilities
Authors: Rep. Carolyn Jackson (D), Rep. Vernon Smith (D)
Status: Died in the Senate Environmental Affairs Committee
Position: CAC supports this bill
Description: Requires that the drinking water in every child care center, child care home, child care ministry site, child care program site, child caring institution, and school building be tested before January 1, 2022, for compliance with the national primary drinking water regulations for lead and copper.
If a test of the drinking water of a child care facility or school building indicates the presence of lead in the water equal to or greater than the federal lead action level of 15 parts per billion, HB1433 requires the facility to take action to reduce the lead levels in the drinking water to less than 15 parts per billion.
HB1568: Ban on single use plastic items in restaurants
Author: Rep. Patrick Bauer
Status: Died in the House Environmental Affairs Committee
Position: CAC supports this bill
Description: Makes it illegal for restaurants to provide single use plastic items (plates, eating utensils, straws made of plastic, and glasses/cups).
SB137: Ban on sale or use of coal tar pavement products
Author: Sen. David Niezgodski (D)
Status: Died in the Senate Environmental Affairs Committee
Position: CAC supports this bill
Description: Makes it illegal to sell coal tar or to use it in pavement products, except as required for research purposes to ascertain the effects of the coal tar pavement product on the environment.
SB286: Designated wild areas in certain state forests
Author: Sen. Mark Stoops (D)
Status: Died in the Senate Natural Resources Committee
Position: CAC supports this bill
Description: Designates 13 specified areas within certain state forests to be protected as "designated wild areas" and specifies certain activities that are prohibited or allowed within those areas.
SB294: Local air pollution control agency contracts
Authors: Sen. Lonnie Randolph (D), Sen. Mike Bohacek (R)
Status: Died in the Senate Environmental Affairs Committee
Position: CAC supports this bill
Description: Authorizes a county, city, or town to establish or designate a local air pollution control agency.
Requires the commissioner of the Indiana Department of Environmental Management (IDEM) to enter into a contract if the local air pollution control agency desires to do so. The contract must:
- Require IDEM to advise, cooperate with, and provide technical assistance to the agency.
- Authorize the agency to undertake air pollution control activities on behalf of IDEM or in order to enforce ordinances of the local government.
- Provide for the fair compensation for the activities performed by the local air pollution control agency. The compensation must be sufficient to cover the agency's staffing and operating costs and must be adjusted each year according to changes in the Consumer Price Index.
SB297: Lead testing of school drinking water
Authors: Sen. Lonnie Randolph (D), Sen. Rick Niemeyer (R), Sen. Jean Breaux (D), Sen. Eddie Melton (D)
Sponsors: Rep. Mike Aylesworth (R), Rep. Ed Soliday (R), Rep. Carolyn Jackson (D), Rep. Earl Harris (D)
Status: Died in the House Environmental Affairs Committee
Position: CAC supports this bill
Votes:
- 2/18/19: The Senate Environmental Affairs Committee amended SB297 by consent, then passed it out of committee by a vote of 9-0.
- 2/25/19: The Senate passed SB297 by a vote of 49-0.
Description: Requires that the drinking water in every school building in Lake County be tested annually for compliance with the national primary drinking water regulations for lead and copper.
Author: Sen. Mark Stoops (D)
Status: Died in the Senate Natural Resources Committee
Position: CAC supports this bill
Description: Requires that, before a permit, lease, or contract is issued to a person to remove merchantable timber, the person must get written approval from all the counties in which any truck to be used in the removal operation will be driven. Requires the DNR to prepare and publish on their website a cost-benefit analysis concerning the removal of merchantable timber from state forests. Provides that the department may not advertise or solicit bids for the removal of merchantable timber from a state forest until the cost-benefit analysis has been published on the department's Internet web site for at least 30 days.
SB467: Testing school building water for lead
Author: Sen. Greg Taylor (D)
Status: Died in the Senate Environmental Affairs Committee
Position: CAC supports this bill
Description: Requires the Indiana Finance Authority (IFA) to carry out a program to:
- Sample the water in every public school building for the presence of lead.
- Report to appropriate school authorities the results of the sampling.
- If the sampling indicates that water in a school building contains lead at a level equal to or greater than 15 parts per billion, recommend actions that will reduce the lead level in all water in the school building to less than 15 parts per billion.
Provides that the IFA is not required to sample the water in a school building if the water in that building was sampled during the program conducted by the IFA in 2017 and 2018.
Requires the IFA to submit a report to the Indiana General Assembly on the results of the water sampling in elementary schools.
SB553: Right to use Lake Michigan shore for recreationAuthors: Sen. Karen Tallian (D), Sen. Blake Doriot (R), Sen. Lonnie Randolph (D), Sen. Eddie Melton (D)
Sponsors: Rep. Sean Eberhart (R), Rep. David Wolkins (R)
Status: Died in the House Judiciary Committee
Position: CAC supports this bill
Votes:
- 2/11/19: The Senate Natural Resources Committee amended SB553 by consent, then passed it by a vote of 5-3.
- 2/21/19: The Senate amended SB553 by voice vote.
- 2/25/19: The Senate passed SB553 by a vote of 32-16.
Description: Defines "Lake Michigan shore" as the land along the edge of Lake Michigan between the water's edge and the ordinary high water mark. Provides that the Lake Michigan shore is held in trust by the State of Indiana for the use of the public. Gives the Department of Natural Resources jurisdiction over the Lake Michigan shore and charges them with the duty to protect it and regulate recreational activities on the shore.
SB593: Regulation of confined feeding operations (companion to HB1378)
Author: Sen. Mark Stoops (R)
Status: Died in the Senate Agriculture Committee
Position: CAC supports this bill
Description: Amends the law on confined feeding operations (CFOs), which include any confined feeding of at least 300 cattle, 600 swine or sheep, 30,000 fowl, or 500 horses, in the following ways:
- Instructs the Indiana Department of Environmental Management (IDEM) to issue CFO “permits” instead of “approvals” and increases the amount of information about waste treatment and water quality monitoring that the CFO must provide as a part of their application.
- States that no construction or operation of a CFO may occur without a permit from IDEM, and that CFO’s may not be modified without obtaining a permit modification from IDEM.
- Creates many more opportunities for the voices of the public to be heard as a part of the permit application process.
- Requires the commissioner of IDEM to deny an application for a permit or permit modification if the proposed activity would substantially endanger public health or the environment.
- Requires IDEM to establish rules limiting pollutants like hydrogen sulfide, volatile organic compounds, and ammonia.
- Requires that a new or expanded CFO must be set back from any residence by at least a mile.
SB610: State forest commission and management plan
Authors: Sen. John Ruckelshaus (R), Sen. Eric Bassler (R), Sen. Mark Stoops (D), Sen. James Tomes (R)
Status: Died in the Senate Natural Resources Committee
Position: CAC supports this bill
Description: SB610 establishes a State Forest Commission, specifies the membership of the commission, and requires the commission to meet in 2019, 2020, and 2021 in order to issue a written report establishing a plan for the management of the state forests for the 100-year period beginning in 2022. SB610 also provides guidelines for the plan and requires a review of the implementation of the plan every seven years, and that the plan and implementation be revised as needed.
SB619: Producer recycling of waste packaging and paper
Author: Sen. Mark Stoops (R)
Status: Died in the Senate Environmental Affairs Committee
Position: CAC supports this bill
Description: SB619 sets forth that it is the State of Indiana’s policy to derive economic benefit from recycling and to help develop the recycling industry. It further states that it is Indiana’s goal to foster partnerships between the public and private sectors that strengthen the supply of, and demand for, recyclable and reusable materials, and that foster opportunities for economic development from the recovery and reuse of materials.
SB619 gives IDEM authority over the recycling programs, allows IDEM to require the recycling companies to revise their recycling program if it does not meet the requirements of the law, and lays out what those requirements are. It further requires that a recycling program plan accepted by IDEM be updated every two years.
SB619 establishes the goal of recycling 50% of all household packaging and printed paper by 2025, and 60% by 2028.
-----------------------------------------------------
Watching:
HB1103: Plan commission executive director
HB1261: Septic inspections before transfer of property
HB1486: Residential wastewater treatment devices
HB1491: Clean water Indiana program
HB1514: Department of environmental management fees
HB1531: Local regulation of natural resource development
HB1549: Division of outdoor recreation
SB143: Sales tax district for healthy food programs
SB232: Preparation and sale of homemade food
SB244: Division of outdoor recreation
SB247: Annual inspections of CAFOs
SB581: Lake Michigan shore zone administrative rules
SB583: Residential wastewater treatment devices
------------------------------------------------------
Updated on 4/30/19
Click here to go back to main 2019 Indiana General Assembly page
