Conservation Bill Watch 2012
Photo: Jim Nix / Nomadic Pursuits
Canned hunting stalled in the Senate!
We cannot declare a complete victory yet, but HB1265 Hunting Preserves will most likely die in its Senate committee.
Click here to learn more and see who you should thank!
Welcome to the 2012 edition of IWF's Bill Watch. We will update information about the bills we are supporting, opposing, or just keeping an eye on as details become available.
How to use Bill Watch 2012:
First, we have given you some details about the priorities supported by the Indiana Conservation Alliance. Every year, INCA chooses a handful of issues to focus on, and IWF will work hard on behalf of its colleagues to make sure our legislators hear our position. Read about INCA's 2012 priorities.
Second, we have listed all of the bills we will track throughout the session. Click on the short bill description to reveal and hide more information. Click on the Bill number to read about the bill on the Indiana General Assembly website. We have listed bills we SUPPORT, bills we OPPOSE, and bills we have decided to WATCH and may take action on later.
For anyone following us on Twitter, we will try send out updates often as possible. Search for #IWFBillWatch.
Do your own search
Use the Indiana General Assembly website to get more details about your legislators and other bills up this year. Find your legislator here, or contact your legislator here.
Indiana Conservation Alliance (INCA) Priorities
Current Legislative Priorities:
Passage of legislation to authorize local governments the opportunity to offer clean energy financing options, including PACE bonds (HB 1332), which are an innovative mechanism for financing energy efficiency and renewable energy projects. Commercial property owners who voluntarily use a PACE program to finance these projects agree to a special assessment collected through their property tax bill over an extended term. PACE financing is an improvement on traditional lending because the loan stays with the property, not the property owner, and the property owners' cumulative savings on energy bills will exceed the total special assessment charges, resulting in an improvement in cash flow for the participating property owner.
Passage of legislation to restrict the use of phosphorus in lawn fertilizers. Many lawn fertilizers contain phosphorous, a nutrient necessary for plant growth, but one that causes a number of ecological problems at excessively high concentrations. These pollutants run off into waterways and reservoirs throughout the state and greatly contribute to the spread of blue-green algae blooms, which can produce toxins and make water unsafe.
On-going Priorities:
There are two conservation-related programs that are extremely important to the Alliance – Indiana Heritage Trust and Clean Water Indiana. These programs are instrumental to the success of land, soil and water conservation in Indiana. Both of these programs were funded in the budget bill passed in last year’s legislative session. The Indiana Heritage Trust (IHT), established in 1992, is the state’s only dedicated land acquisition program for conservation, setting aside important lands for state and local parks, Fish and Wildlife Areas, Nature Preserves, State Recreation Areas and Historic Sites. The Clean Water Indiana (CWI) program was created to protect and enhance the water quality of Indiana’s lakes, rivers and streams, by reducing the amount of polluted storm water runoff from urban and rural areas entering surface and ground water.
Legislation to create a Sustainable Natural Resources Task Force passed in the 2011 legislative session. The Task Force held its first meeting this past August and continues to meet each month. They are compiling information and research to complete a natural resources needs assessment and will report to the Natural Resources Study Committee this summer with their initial findings and recommendations.
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Senate Bills
SB 0130: Environmental board consolidation WATCH (Update 2/2)
Action: In committee 2nd house
2nd house committtee: Environmental Affairs
Committee: Energy and Environmental Affairs
Author(s): Charbonneau, Gard, Tallian
House sponsor(s): Wolkins
Repeals certain statutes creating the following boards: (1) Air pollution control. (2) Water pollution control. (3) Financial assurance (collectively, the repealed boards). Defines "board" to exclude the repealed boards. Establishes the environmental rules board (consolidated board). Requires the consolidated board to use rulemaking procedures to adopt rules. Transfers to the board duties of the department of environmental management to adopt certain rules related to: (1) treatment plant or water distribution systems certification programs; and (2) the waste tire management fund. Transfers certain powers and duties of the repealed boards to the consolidated board.
SB 0132: Water utility resource data SUPPORT (Update 2/21)
Action: Passed out of committee, 2nd house
2nd house committee: Utilities and Energy
Committee: Energy and Environmental Affairs
Author(s): Gard, Charbonneau, R. Young
House sponsor(s): Wolkins
Requires each water utility that provides water service in Indiana to annually submit to the Indiana utility regulatory commission (IURC) a report on the utility's: (1) operations; and (2) use of water resources; in providing water service to the utility's Indiana customers. Allows the IURC to prescribe the process, deadlines, and other requirements for submitting the annual reports, but requires the IURC to collect certain information concerning each water utility's utility plant in service and use of water resources in Indiana. Requires the IURC to include a summary of the data and information contained in the reports in: (1) an annual report to the legislative council; and (2) the commission's annual report on the water and wastewater industries provided to the regulatory flexibility committee. Authorizes the IURC to adopt rules to implement the reporting requirements.
SB 0243: Silencers when hunting OPPOSE (Update 2/9)
Action: In committee, 2nd house
2nd house committee: Public policy
Committee: Judiciary
Author(s): Grooms, Holdman, and Waterman
House sponsors: Ubelhor, Goodin, Rhoads
Repeals the law that prohibits the possession or use of a silencer while in the act of hunting. Provides that a person who takes or possesses a deer or wild turkey: (1) unlawfully; (2) by illegal methods; or (3) with illegal devices; while using or possessing a silencer commits a Class C misdemeanor.
SB 0315: Charity gaming SUPPORT (Update 2/21)
Action: Passed 2nd reading, 2nd house
2nd house committee: Public policy
Committee: Public Policy
Author(s): Head, Steele, Leising
House sponsor(s): Messmer
Establishes an annual comprehensive charity gaming license for national organizations and foundations meeting certain eligibility requirements. Permits the Indiana affiliates of a national organization or foundation to conduct charity gaming events under a single annual comprehensive charity gaming license. Prescribes the following: (1) Who may serve as an operator or worker under the license. (2) The procedural requirements for obtaining the license. (3) The requirements for conducting particular events. (4) When a worker may purchase a raffle ticket at a raffle event conducted under the license. (5) Limits on the frequency of certain events. (6) The method of determining an organization's initial license fee. (7) The method of determining an organization's license renewal fee. Reduces the time an organization must exist in Indiana before becoming eligible to obtain a charity gaming license from five years to three years. Provides that the initial license fee for a charity gaming license is $50 for licenses other than the annual comprehensive charity gaming license. (Current law grants the IGC discretion to establish the initial license fee at an amount that may not exceed $50, which is the amount the IGC has selected.)
SB 0023: Confined feeding operations near state parks WATCH
Action: Not yet heard in committtee
Committee: Energy and Environmental Affairs
Author(s): Nugent
Confined feeding operations near state parks. Provides that after June 30, 2012, a person may not: (1) apply manure; or (2) start construction of a confined feeding operation; within two miles of the boundary of a state park or reservoir operated, maintained, or managed by the department of natural resources. Provides that the construction limitation does not apply to the expansion of a confined feeding operation or the expansion of an agricultural operation that will become a confined feeding operation as a result of the expansion.
SB 0086: Disabled veteran hunting and fishing licenses WATCH
Action: Not yet heard in committee
Committee: Agriculture and Natural Resources
Authors: Steele
Disabled veteran hunting and fishing licenses. Establishes a reduced fee lifetime hunting, fishing, and trapping license for disabled veterans who are Indiana residents.
SB 0252: Charity gaming SUPPORT
Action: Not yet heard in committee
Committee: Public Policy
Author(s): Tomes
Adds a bona fide national foundation to the types of organizations that may become qualified organizations for purposes of the charity gaming laws. Defines a member of a bona fide national foundation. Reduces the number of years that an organization must exist in Indiana to become a qualified organization from five years to three years. Provides that: (1) qualified organizations may conduct raffles without obtaining a license; (2) unlicensed charity gaming events are not considered allowable events; removing such events from the application of the regulatory statutes governing allowable events; and (3) the criminal laws concerning gambling do not apply to participants in an unlicensed charity gaming event. Repeals the single event raffle license and the annual raffle license. Makes conforming changes.
SB 0375: Fish and Wildlife Rule Making WATCH
Action: Not yet heard in committee
Committee: Agriculture and Natural Resources
Author(s): Waterman, Steele
Establishes the hunting, fishing, and trapping commission (commission). Provides the commission with authority over fish and wildlife laws. Provides that before a final fish or wildlife rule is adopted, the proposed rule must be approved by the commission and receive final approval from the director of the department of natural resources. Provides that the natural resources commission (NRC) does not have responsibility for duties given to the commission. Repeals provisions establishing the advisory council to the bureau of water and resource regulation and the bureau of lands and cultural resources. Makes conforming changes.
SB 0394: Bicentennial conservation fund SUPPORT
Action: Not yet heard in committee
Committee: Agriculture and Natural Resources
Author(s): Merritt
Establishes the bicentennial conservation fund to fund major conservation projects to celebrate 200 years of Indiana statehood. Makes an appropriation.
House Bills
HB 1002: Eliminate committees OPPOSE (Update 2/17)
Action: Passed out of committee 2nd house
2nd house committee: Public Policy
Committee: Select Committee on Government Reduction
Author(s): Wolkins, Dobis
Senate sponsors: Lawson, Landske
Reenacts the public officers compensation advisory commission that was repealed in 2011. Decreases the membership of the Indiana war memorials commission from ten to nine members with one member from each congressional district. Sets December 31, 2013, as the termination date for the Indiana stadium and convention building authority and transfers powers, duties, and liabilities of the authority to the Indiana finance authority. Consolidates duplicative reporting required for the Indiana economic development corporation (IEDC). Repeals the electronic digital signature act. Consolidates reporting requirements imposed on the IEDC for various programs administered by the IEDC into the state economic incentives and compliance report. Repeals the chapter requiring the IEDC to study the steel industry and provide expertise to public officials regarding the steel industry. (Impacts Natural Resources Commission advisory committee)
HB 1064: Lake management work group SUPPORT (Update 2/2)
Action: In committee 2nd house
2nd house committee: Agriculture and Natural Resources
Committee: Natural Resources
Author(s): Dodge, Dembowski
Senate sponsor(s): Buck, Glick, and Arnold
Extends the lake management work group's expiration date to July 1, 2014.
HB 1221: Spotlighting wild animals WATCH (Update 2/2)
Action: In committee 2nd house
2nd house committee: Agriculture and Natural Resources
Committee: Natural Resources
Author(s): Karickhoff, Bacon
Senate sponsor(s): Steele, Buck
Provides that a person who, between October 1 and January 15, shines a spotlight, searchlight, or other artificial light upon a wild bird or wild animal for the purpose of locating a wild bird or wild animal commits a Class C infraction. Establishes certain exceptions. Requires a court to suspend for two years the hunting, fishing, and trapping license privileges of a person who incurs a second conviction or judgment for shining a light on a wild bird or wild animal. Provides that a law enforcement officer who witnesses a person in a vehicle shining a light upon a wild bird or wild animal in a prohibited manner may search the vehicle for a firearm, bow, or crossbow. Allows a court to suspend certain fish and wildlife license privileges for two years for a violation of a wildlife protection law.
HB 1265: Hunting Preserves OPPOSE (Update 2/2)
Action: In committee 2nd house
2nd house committee: Rules and Legislative Procedure
Committee: Ubelhor, Heaton, Morris
Author(s): Natural Resources
Senate sponsor(s): Yoder, Banks
Provides for the licensing and operation of hunting preserves on which farm raised and released cervidae and game birds are hunted. Establishes licensing requirements and fees. Exempts licensed hunting preserves from the licensing requirements for game breeders and shooting preserves. Provides that hunters on hunting preserves are not required to have a hunting license and are not subject to bag limits. Requires that a transportation tag be purchased and fixed to the leg of each cervidae taken on a hunting preserve. Prohibits computer assisted remote hunting on hunting preserves. Provides that the law under which the county is liable for losses sustained by the owners of certain types of animals are killed or maimed by dogs does not apply to farm raised cervidae and game birds on a hunting preserve.
HB 1279: Various natural resources matters WATCH (Update 2/16)
Action: Passed out of committe in 2nd house
2nd house committee: Agriculture and Natural Resources
Committee: Ubelhor, Heaton, Grubb
Author(s): Natural Resources
Senate sponsor(s): Mishler
Provides for the licensing and operation of hunting preserves on which farm raised and released cervidae and game birds are hunted. Establishes licensing requirements and fees. Exempts licensed hunting preserves from the licensing requirements for game breeders and shooting preserves. Provides that hunters on hunting preserves are not required to have a hunting license and are not subject to bag limits. Requires that a transportation tag be purchased and fixed to the leg of each cervidae taken on a hunting preserve. Prohibits computer assisted remote hunting on hunting preserves. Provides that the law under which the county is liable for losses sustained by the owners of certain types of animals are killed or maimed by dogs does not apply to farm raised cervidae and game birds on a hunting preserve.
HB 1008: Wind turbines WATCH
Action: Not yet heard in committee
Committee: Ways and Means
Author(s): Moseley, Stemler
Establishes the Hoosier heritage innovative industry loan fund (fund). Provides that the fund is administered by the Indiana economic development corporation (IEDC). Provides that the IEDC board may make a loan from the fund to an applicant to establish a facility in Indiana that manufactures or fabricates wind turbines using steel made in the United States (wind turbine facility). Provides that a loan from the fund is interest free and may be for an amount up to $1,000,000. Provides that the term of a loan from the fund may not exceed 20 years. Transfers $1,000,000 from the Indiana twenty-first century research and technology fund to the fund. Provides that a taxpayer that establishes a wind turbine facility in Indiana may be eligible for a reduced adjusted gross income tax rate for the first two taxable years that the wind turbine facility is in operation. Provides that a taxpayer must be approved by the IEDC to receive the reduced adjusted gross income tax rate for income derived from the wind turbine facility. Provides that the reduced tax rate equals: (1) 5% of the adjusted gross income derived from the wind turbine facility if the taxpayer is a corporation; or (2) 2.4% of the adjusted gross income derived from the wind turbine facility if the taxpayer is an individual or pass-through entity. Provides that the IEDC must receive competing bids from two different applicants to establish a wind turbine facility in order for the IEDC to approve a reduced adjusted gross income tax rate. Allows the IEDC to award an additional economic development for a growing economy (EDGE) tax credit to a wind turbine facility. Provides that the additional tax credit may not exceed 1.6% of the wages attributable to the applicant's project.
HB 1032: Restrictions on fertilizer containing phosphorus SUPPORT (Update 1/19)
Action: Not yet heard in committee
Committee: Natural Resources, Reassigned to Environmental Affairs
Author(s): Dodge
Establishes restrictions on the application of fertilizer material that contains phosphorus. Provides exceptions for fertilizer material that: (1) contains less than 0.67% of phosphorus by weight; or (2) is used for agriculture purposes. Requires distributors and licensed commercial lawn care applicators to prepare and provide consumer educational information concerning restrictions on the use of fertilizer material containing phosphorus and best practices for lawn care.
HB 1085: Environmental review of hydraulic fracturing WATCH
Action: Not yet heard in committee
Committee: Natural Resources
Author(s): Moses
Defines hydraulic fracturing. Requires the natural resources commission to regulate hydraulic fracturing. Requires an operator that performs or intends to perform hydraulic fracturing to submit an environmental compliance plan to the department of natural resources (department) for review and approval. Requires an operator to disclose chemical constituents used in hydraulic fracturing. Requires the department to publish the information received on its web site. Requires disclosure of proprietary chemical composition in a medical emergency. Requires the department to prescribe a process for reviewing an environmental compliance plan and for disclosure of proprietary information in a medical emergency.
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