SWCD Legislative Tip Sheets

Welcome to Clean Water Indiana

2012 SWCD Legislative Wrap Up

What is CWI?

Legislation (IC 14-32-8) authorizing funding for Clean Water Indiana (CWI) was passed by the Indiana General Assembly in 1999. At the time, $1 million per year in 2001 and 2002 was appropriated through the Build Indiana Fund (BIF). However, the 2002 dollars were reverted back into the BIF. The CWI program remained unfunded until 2005 when a unanimous vote by the legislature restructured Indiana’s conservation dollars and set aside dedicated funding from the cigarette tax to finance the Clean Water Indiana program.

Who Administers the CWI Program?

The Indiana State Department of Agriculture, Division of Soil Conservation administers the CWI fund under the direction of the State Soil Conservation Board (SSCB).

SWCD Weekly Legislative Update – Issue 2 (January 30, 2012)

UPDATE FROM LAST WEEK: Reprinted from Farm Bureau’s Dispatch –  Both the Indiana Senate and the House of Representatives this week passed their version of the right-to-work law.  The bills, HB 1001 (Rep. Jerry Torr, R-Carmel) and SB 269 (Sen. Carlin Yoder, R-Middlebury), each passed after extended debate.  SB 269 passed the Senate on Monday by a vote of 28-22; HB 1001 passed on Wednesday by a vote of 54-44.

The Indiana General Assembly will be in session through Tuesday this week before downtown Indianapolis plays host to the Super Bowl.  The deadline for bills to pass the house in which they were introduced is next week, which means there is a very real chance the House will meet on Wednesday.

Below are bills of interest to Soil and Water Conservation Districts during the current legislative session.  All updates will be in red. Please let us know if and when you contact your legislators!

1. HB 1349 - Drainage Boards

Rep. Dick Dodge (R-Pleasant Lake) authored this at the request of the state’s county surveyors.  Primarily it overrules by statute a recent appellate decision on a case from Marshall County that undid about 150 years of practice and experience dealing with drainage assessments.  The court ruled that not all property in a natural drainage-shed needs to be assessed for drainage improvements, only the property that actually adjoins the drains.  This bill will make it clear that all property owners in a drainage-shed have a responsibility to support the drainage infrastructure.

Action: Referred to House Agriculture & Rural Affairs Committee.  Passed out of committee on 1/23/12. Waiting for 3rd reading on the floor.

2. HB 1032 – Restrictions on Fertilizer containing Phosphorus

Authored by Rep. Dick Dodge (R-Pleasant Lake).  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.

Action: Referred to Committee on Natural Resources and then reassigned to Committee on Environmental Affairs.  No hearing is anticipated for this bill.

Notes: IASWCD Phosphorus Use Policy (2011): Phosphorus is a valuable and essential nutrient for plant growth.  We the conservation districts of Indiana support the use of Phosphorus when soil testing and application are done in accordance with Best Management Practices (BMP’s) outlined in the Indiana NRCS Field Office Technical Guide (FOTG).

3. HB 1064 – Lake Management Work Group

Authored by Rep. Dodge and Rep. Demobowski.  Extends the lake management work group's expiration date to July 1, 2014.

Action: Referred to Committee on Natural Resources.  Passed out of committee on 1/13/12.  Passed the House 96-0 and now referred to Senate.  Senate sponsors include Senators Buck, Glick and Arnold.

Notes: Please contact your local legislators and ask for their support of HB 1064. SWCDs have a representative on this workgroup. It is expected that Senator Mishler will not hear this bill in the Senate Ag and Natural Resources Committee. Please contact your Senators on this committee and ask that the bill be heard.  Members include: Ryan Mishler, John Waterman, Richard Young, Jim Banks, Lindel Hume, Dennis Kruse, Timothy Skinner, Brent Steele, Jim Tomes, and Carlin Yoder.

4. HB 1085 - Environmental review of hydraulic fracturing

Authored by Rep. 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.

Action: Referred to Committee on Natural Resources.  No hearing is anticipated for this bill.

5. SB 0394 - Bicentennial conservation fund

Authored by Senator Merritt.  Establishes the bicentennial conservation fund to fund major conservation projects to celebrate 200 years of Indiana statehood. Makes an appropriation.

Action: Referred to Committee on Agriculture and Natural Resources.  No hearing is anticipated for this bill.