Environmental bills to watch

Back to TopCommentsE-mailPrintBookmark and Share
Indiana Lawyer Focus

A number of bills with environmental impact have been introduced in both houses of the Indiana Legislature. Jesse Kharbanda, executive director of the Hoosier Environmental Council, is following bills the HEC believes have potential for movement and support in both houses and from both parties. The HEC considers what bills might further economic development in Indiana by supporting environmentally friendly practices. For example, if Indiana has lax laws regarding pollution in the drinking water supply, businesses will be less likely to have operations in Indiana, he said.

This year, the HEC has been watching bills addressing financial assurance for concentrated animal feeding operations, property-assessed clean energy bonds, and renewable energy standards. A fourth issue, the promotion of public transportation, was shelved this session because of its impact on the budget and a need to raise taxes. The HEC is also following bills addressing activities that could affect ground and surface water, including a bill to limit the use of phosphorus in lawn fertilizers, and coal bed methane operations.

Financial assurance

HB 1568 – Provides that a person may not start the construction of a concentrated animal feeding operation, an expansion of a CAFO that would increase animal capacity or manure containment capacity, or both without obtaining the prior approval of the Department of Environmental Management. Establishes financial assurance requirements for confined feeding operations and CAFOs. Requires the Water Pollution Control Board to adopt rules before Jan. 1, 2012, to set the amount of financial assurance – insurance that would cover the damage caused from a spill or closure of a manure storage site – that is required.

Latest Action: Referred to Committee on Agriculture and Rural Development: Jan. 20.

Coal bed methane and other oil and gas safety issues

SB 71 – Allows the Department of Natural Resources to adopt emergency rules for most aspects of oil and gas and other petroleum regulation. Provides that oil and gas statutes do not apply to methane ventilation governed under an approved federal Mine Safety and Health Administration coal mine ventilation plan. Allows the director to review certain activities that may result in waste or endangerment of the health and safety of miners. Requires the Natural Resources Commission to regulate various aspects of coal bed methane wells.

Latest Action: Approved on 3rd reading, referred to the House: Feb. 8.

Property-assessed clean energy bonds

SB 260 – Allows the legislative body of a unit (other than a township) to establish a clean energy improvement financing program to fund clean energy improvements for voluntary participants in the program. Requires financing to come from private equity or federal grants or loans. Prohibits the legislative body from issuing bonds to finance clean energy improvements. Establishes a 20-year period for the payment of special assessments on each participating property. Provides that assessments are billed, collected, and enforced in the same manner as property taxes.

Latest Action: Approved by Committee on Utilities & Technology: Feb. 7.

Similar bill: HB 1457

Latest Action: Referred to Committee on Local Government: Jan. 20.

Restrictions on fertilizer containing phosphorus

HB 1425 – Establishes restrictions on the application of fertilizer material that contains phosphorus. Provides exceptions for fertilizer material that contains less than 0.67 percent of phosphorus per weight or is used for agriculture purposes. Requires distributors and licensed commercial lawn-care applicators to prepare and provide certain consumer educational information.

Latest Action: Referred to Committee on Natural Resources: Jan. 18.

Renewable electricity standard

SB 453 – Requires an electricity supplier to provide a certain percentage of its total electricity supply from renewable energy resources. Establishes the Renewable Energy Resources Fund to receive penalties paid by electricity suppliers that fail to supply electricity from renewable energy resources. Requires the Utility Regulatory Commission to report not later than April 1, 2016, to the General Assembly on the effectiveness of and industry compliance with the renewable energy standard.

Latest Action: Referred to Committee on Utilities & Technology: Jan 12.

Clean energy standards

SB 251 – Requires the Indiana Utility Regulatory Commission to allow an energy utility to recover certain federally mandated costs through periodic retail rate adjustment mechanisms. Sets standards for what is clean energy. Requires the IURC to adopt rules to establish the Voluntary Clean Energy Portfolio Standard Program to provide incentives to participating electricity suppliers to provide specified percentages of electricity from clean energy sources. Establishes goals and reporting requirements.

Latest Action: Reassigned to Committee on Utilities & Technology: Feb. 7

Source: Jesse Kharbanda, Hoosier Environmental Council; Indiana General Assembly website. Action on bills current as of Feb. 14.


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.