Bill Watch

Bill: Senate Bill 193

Author: Sen. Rick Niemeyer

Referred To: Senate Committee on Environmental Affairs

Senate Bill 193 would require the operator of a confined feeding operation (CFO) 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 IDEM, after receiving a report concerning a CFO, to conduct an onsite inspection of the CFO to verify the information contained in the report. Requires the Environmental Rules Board to adopt rules that: (1) adopt a form to be used by operators of CFOs in submitting annual reports; (2) specify the information concerning a CFO that must be contained in an annual report; and (3) provide for the performance by IDEM of annual inspections of CFOs.

Stance: Support

Bill: Senate Bill 211

Author: Sen. Susan Glick

Referred To: Senate Committee on Natural Resources

Senate Bill 211 would allow funds from the Clean Water Indiana program to be used to manage invasive plant species.

Stance: Support

Bill: House Bill 1234

Author: Rep. Kendell Culp

Referred To: House Agricultural and Rural Development Committee

House Bill 1234 would establish an agricultural land protection program (program) to allow the state or a county fiscal body to purchase agricultural conservation easements or acquire them by gift, bequest, or devise. HB 1234 provides that the Indiana State Department of Agriculture (ISDA) may receive and hold agricultural conservation easements acquired under the program or by gift, bequest, or devise. It also establishes the Indiana Land Protection Board to administer the program in coordination with ISDA and establishes the Agricultural Conservation Easement Fund to provide funding to purchase agricultural conservation easements.

Stance: Support

Bill: House Bill 1460

Author: Rep. Jim Pressel

Referred To: House Committee on Utilities, Energy and Telecommunications

House Bill 1460 would require local governments to use data from the (1) unit’s 100-year flood map and (2) the National Oceanic and Atmospheric Administration Atlas 14 to calculate and regulate storm water runoff from a developed or undeveloped plat. HB 1460 requires a plat committee to take action on a plat application, including meeting with all necessary individuals, not later than 30 days after receiving the application, and provides that if a plan commission or plat committee fails to make written findings and a decision granting or denying primary approval to a plat not later than 60 days after a public hearing, then the plat is considered to have received primary approval.

Stance: Neutral

Bill: Senate Bill 459

Author: Sen. Rick Niemeyer

Referred To: Senate Committee on Environmental Affairs

Senate Bill 459 would authorize the Environmental Rules Board to adopt rules establishing requirements for the reclamation and reuse of treated wastewater. SB 459 would also require certain entities to (1) conduct an annual public water system cybersecurity vulnerability assessment; (2) annually provide the Office of Technology with the name and contact information of any individual who will act as the primary reporter of a cybersecurity incident; (3) submit an annual certification to the Indiana Department of Environmental Management via a secured portal verifying certain information; and (4) when an actual or suspected cybersecurity breach occurs, report the incident to the Office of Technology.

Stance: Support

Bill: Senate Bill 28

Author: Sen. Susan Glick

Referred To: Senate Committee on Utilities

Senate Bill 28 would allow the owner or operator of a significant ground water withdrawal facility (SWWF) to file a complaint with the director of the Indiana Department of Natural Resources (DNR) that a water well on the property of the SWWF owner failed to furnish the well’s normal supply of water or failed to furnish potable water. SB 28 requires the DNR director to launch an investigation into a complaint of a well failure from a property used for raising livestock within 24 hours of the director receiving the complaint. It also requires the director to launch an investigation into a complaint of a well failure from a SWWF within 72 hours of the director receiving the complaint. SB 28 prohibits the director from limiting the quantity of ground water extracted by a SWWF to irrigate crops or provide drinking water for livestock during a ground water emergency. The bill would exempt the owner and operator of a SWWF that withdraws water to irrigate crops or provide drinking water for livestock from compensating a utility in instances where the utility’s SWWF fails to furnish the normal supply of water or potable water. Provides that the owner or operator of a SWWF that withdraws water to irrigate crops or provide drinking water for livestock shall compensate an impacted owner of a nonsignificant ground water withdrawal facility or a SWWF that is not a utility in instances where an impacted nonsignificant ground water withdrawal facility or SWWF fails to furnish the normal supply of water or potable water.

Stance: Neutral

Bill: Senate Bill 40

Author: Sen. Dan Dernulc and Sen. Rick Niemeyer

Referred To: Senate Committee on Local Government

Senate Bill 40 would require the Little Calumet River Basin Development Commission (LCRBDC) to submit an annual budget to the Lake County Council before September 1 of each year. SB 4 also provides that after December 31, 2025, the LCRBDC may not expend money unless certain conditions are met. It requires the LCRBDC to submit an annual expenditure and activity report to the Council before November 1 of each year.

Stance: Neutral

Bill: Senate Bill 477

Author: Sen. Justin Busch

Referred To: Senate Committee on Natural Resources

Senate Bill 477 declares that the State of Indiana does not assume ownership of or responsibility for a low head dam that is not listed as owned by the state on the Indiana Department of Natural Resources (DNR) roster of low head dams roster. SB 477 allows a person to remove without a permit certain low head dams that are located on a navigable waterway and that are encroachments. It requires DNR to establish warning sign standards and requirements for low head dams that are on the roster. The bill also allows for a bond of $1,000,000 to serve as proof of financial responsibility for a person that owns a low head dam, and provides that a permit issued by the DNR director after January 1, 2021, for the removal of a low head dam does not expire until two years after certain judicial appeal processes are complete.

Stance: Neutral

Bill: House Bill 1052

Author: Rep. Jim Pressel

Referred To: House Committee on Environmental Affairs

House Bill 1052 would requires the Indiana Department of Health (IDoH) or its executive board to adopt, revise, update, or repeal rules concerning residential and nonresidential onsite sewage systems. HB 1052 alters who may vote on the technical review panel and institutes a process to resolve a tie vote. It provides that the technical review panel may not approve an ordinance concerning residential onsite sewage systems unless certain conditions are met. HB 1052 voids certain ordinances and provides that a local board of health is ineligible to receive funding from the local public health fund under certain conditions.

Stance: Neutral

Bill: House Bill 1037

Author: Rep. Doug Miller

Referred To: House Committee on Environmental Affairs

House Bill 1037 would prohibit local governments from adopting a law, rule, ordinance, or regulation that is more stringent than or exceeds in any manner the requirements of the Indiana Department of Environmental Management’s (IDEM) construction stormwater general permit (CSGP). HB 1037 provides that if a law, rule, ordinance, or regulation is more stringent than or exceeds the CSGP, then (1) the law, rule, ordinance, or regulation is void and (2) the unit must continue to discharge its duties under IDEM’s CSGP program.

Stance: Oppose

Bill: House Bill 1459

Author: Rep. Jim Pressel

Referred To: House Committee on Utilities, Energy and Telecommunications

House Bill 1459 would require (1) water or wastewater utilities that are not under the authority of the Indiana Utility Regulatory Commission (IURC) for approval of rates and charges shall annually submit to the Indiana Finance Authority (IFA) a report detailing the water or wastewater utility’s asset management program, and requires (2) the IFA to biennially review a water or wastewater utility’s asset management program for compliance with the authority’s guidelines. HB 1459 authorizes the IFA to refer a water or wastewater utility to the IURC for investigation based on the IFA’s review of the utility’s asset management program.

Stance: Support

Bill: Senate Bill 4

Author: Sen. Eric Koch

Referred To: Senate Committee on Utilities

Senate Bill 4 would prohibit the construction, operation, purchase, sale, and lease of a long-haul water pipeline, except as to a water utility that obtains a certificate of public convenience and necessity from the Indiana Utility Regulatory Commission (IURC), and prescribes the application process for obtaining a certificate of public convenience and necessity. SB 4 requires certain persons, entities, and utilities to obtain a permit from the Indiana Department of Natural Resources (DNR) to transfer water outside of a basin, and prescribes the application process for a transfer permit. The bill also provides that a transfer permit (1) does not expire and (2) may be renewed, revoked, suspended, or modified in certain circumstances. DNR may assess a civil penalty for violations of the transfer permit chapter.

Stance: Support

Bill: Senate Bill 426

Author: Sen. Eric Koch

Referred To: Senate Committee on Utilities

Senate Bill 426 would require the Indiana Utility Regulatory Commission (IURC) to consider and authorize mechanisms to allow utility companies to integrate into their systems, invest in, and earn on acquired utility assets. SB 426 would also amend the statute governing the recovery of costs for eligible infrastructure improvements made by water or wastewater utilities to include: (1) deferred depreciation expense; and (2) post in service carrying costs; for the eligible infrastructure improvements. It would also amend the Indiana Code section prohibiting the Indiana Department of Natural Resources (DNR) from regulating certain activities within the 100-year flood level of a water supply reservoir owned and operated by a municipality or a public utility for the purpose of providing water utility service to the public to also prohibit DNR from ordering the closure or removal, or partial closure or removal, of (1) a dam that forms such a water supply reservoir, or (2) a dam that forms or contains a body of water that is used to supply one or more private water wells if such closure or removal of the dam would impact the provision of water utility service to the public or the supply of water to one or more private water wells.

Stance: Neutral

Bill: House Bill 1187

Author: Rep. Mike Aylesworth

Referred To: House Committee on Natural Resources

House Bill 1187 would alter the membership of a watershed development commission (WDC) board. HB 1187 allows a county to join a WDC if any part of the designated watershed lies within boundaries of the county. It changes what factors must be considered regarding the membership and the activities of a WDC. It provides that a WDC may take certain actions with respect to certain floodplains. It expands the allowed uses of certain funds collected by a WDC and establishes certain budget limits. It requires the Indiana Department of Natural Resources Division of Water to provide a WDC with a written summary within 30 days of the division’s review of certain public works projects.

Stance: Neutral