INDIANA SIERRA CLUB TEAM GRADES LEGISLATORS ON THEIR ENVIRONMENTAL RECORD
During the 2022 legislative session, Sierra Club told you that Indiana legislators are putting Hoosiers on a dangerous path, refusing to listen to our urgent concerns about climate change and the need for greater access to renewable energy. Instead, they are pursuing false, risky and expensive schemes on behalf of special interests in exchange for our health, environment, financial security and collective futures. Read more and see your legislators' grades here.
Stay up-to-date with legislative news in 2022!
New for 2022! During the 2022 Indiana legislative session, we plan to send out timely updates on the issues which the Sierra Club is following. If you would like to receive these emails, please sign up below. Please note- we ask for your address and phone number so that we can keep track of the areas where people live and the issues that most impact you. Thank you! You can also check our legislative tracker here to see which bills we are following this year.
A Pledge to Fight for Fair Maps
August 24, 2021
Cory Ray, Legislative Coordinator
From August 6th to 11th Hoosiers had the opportunity to make their voices heard by a traveling group of bipartisan legislators making their way as far north as Valparaiso and as far south as Evansville. With a total of nine stops across the state and across each congressional district, many Hoosiers had the opportunity to attend an event in or near their region, but sadly a majority of the meetings were scheduled during the work week and during traditional work hours or soon thereafter. Despite this, Hoosiers from all walks of life turned out en masse to make their voices heard in overwhelming opposition to the expected unfair, partisan, and less than transparent soon-to-be redistricting process spearheaded by the Indiana GOP. Though the meetings were expected to be a chance for constituents to ask questions and give testimony, the decision was ultimately made to only allow statements, not questions, from those in attendance.
Hoosier Chapter Excom Chair Julia Lowe and I represented Sierra Club at the Columbus Redistricting meeting in a beyond-packed room at the Ivy Tech in downtown Columbus. Like many impassioned community advocates, Julia spoke on the necessity for a fair and open-ended redistricting process that values community input and gives Hoosier voters a fair choice. Competitive election cycles in Indiana would not only allow for better representation, but would also foster bipartisanship on much-needed legislation to protect the general welfare of the public, our environment, and natural resources.
Alessia Modjarrad, a student at Indiana University and President of the College Democrats of Indiana, made the drive from Bloomington to ensure her voice was heard by the group of legislators. “After testifying and listening to others at the Columbus redistricting event, it became obvious that Republican leadership doesn’t care about Hoosier values or concerns. We deserve fair maps that keep communities and their interests together, not districts that exist to keep incumbents in power”, says Modjarrad on her experience from the event. The statewide redistricting meeting tour made its final stop in Indianapolis on August 11th where hundreds of Hoosiers flooded the capital to make sure they, like Alessia, would be given the chance to overwhelmingly urge the Statehouse Republicans to give voters a fair shot at a transparent redistricting process.
Statehouse Republicans have an opportunity in 2021 to be responsible stewards of governance in this process, and they owe it to the constituents they swore to represent. Senator Shelli Yoder, a leading member of the Senate Democratic Caucus, has been closely following the redistricting process as it unfolds and is fighting for constituent input. “In our state, where districts are currently more partisan than 95 percent of the country, the urgency to ensure residents are involved in this process is especially great. Unfortunately, Indiana does not have an independent redistricting commission charged with drawing our maps. Although my caucus fought to have a non-partisan commission take over this process, our efforts were defeated”, says Senator Yoder. She added “As the redistricting process progresses in Indiana, I urge Hoosiers to stay vigilant and stay persistent in calling for fairness”.
Lindsay Haake, a PR official and organizer with Citizens Action Coalition and All IN4 Democracy, has been working towards a fair redistricting commission since 2017. "Here in Indiana, Statehouse leaders have given themselves far more power in the redistricting process than other states. Instead of an independent commission drawing district lines, partisan hacks are working behind the scenes to gerrymander Indiana. Gerrymandering dilutes our votes for the environment and clean energy and Indiana deserves better” says Haake.
Thousands of constituents and concerned community members did their best to make their voices heard and we here at Sierra Club Hoosier Chapter pledge to do our part in organizing opportunities all across Indiana for members and supporters alike to work towards a transparent and equitable redistricting process.
New leaders needed: Hoosier Chapter Legislative Network call out
May 26, 2021
The Sierra Club Hoosier Chapter is currently seeking sincere, motivated individuals with a passion for protecting and promoting environmental and social justice-oriented policy to join our volunteer legislative teams for the next legislative session. These teams will be the backbone of our chapter’s new action network across the state of Indiana dedicated to helping move policy and elected officials at the local, statewide, and national levels for lobbying efforts. By building this statewide network and teams of individuals, we can give our members and fellow Hoosiers the best chance possible to impact legislation and influence legislatures to help build a better, more environmentally friendly Indiana for years to come. By design, the chapter is also looking forward to leading and joining allied fights to impact federal policy and positions that will both impact our state and nation.
These teams will be an invaluable part of our lobbying efforts going forward and will participate in campaigns of direct action through relational organizing, peer-to-peer mobilization, and influencing elected officials and agencies through robust field efforts implemented and designed by our statewide staff. As a collective, we will engage in direct and indirect lobbying like never before through grassroots efforts including letter writing, phone calling, text-banking, forums, meet your legislature events, and much more. The chapter as a whole will provide training and staff guidance to ensure quality and highly organized efforts within the organization and actions taken with allied groups.
We also strongly encourage these teams to partake in our upcoming legislative update calls, forums, and join our chapters soon to be revamped Legislative Committee.
Interested individuals seeking to join our legislative teams can register here. Teams will be established on a regional and statewide basis and will work in conjunction with national and local Sierra club initiatives. Interested individuals with questions or comments should contact cory.ray@sierraclub.org.
New- legislative tracker for 2021
You can now track the bills we are following, here.
Indiana legislative session midway review
Bowden Quinn, Chapter Director.
February 27, 2021.
The Indiana legislature ended the first half of its 2021 session in the last week of February. Bills that received approval from their house of origin now move to the other chamber for review and approval, amendment, or rejection.
A lot of bad environmental bills didn't move forward. Particularly bills that would have increased the power of factory farms and other bills that would have further insulated polluters against lawsuits by those most impacted by their pollution didn't advance. But perhaps the worst environmental bill of all, SB 389, which would remove all protections from Indiana wetlands solely regulated by the state, glided through the Senate with little thought or discussion.
The chapter has also become concerned with HB 1367, which would allow predominantly white students to move out of the largely Black South Bend school district to a more rural, mostly white district. We were especially offended by the disrespect shown to Black legislators who spoke against the bill by white Republican lawmakers. We call on House Speaker Todd Huston to reprimand these lawmakers and make sure such disgraceful behavior doesn't happen in our Statehouse again.
Another piece of legislation with detrimental impacts on low-income and disabled people, students, and communities of color is SB 141, which would decrease funding for public transportation in Indianapolis. We urge our members to contact their representatives to oppose this bill.
2021 Legislative update on Factory Farm Legislation
Julie Lowe, Chapter Chair
February 9, 2021
SJR14 Senate Joint Right to Farm constitutional amendment. Sen Tomes R-49, Sen Doriot R-12, Sen Messmer R-48
Details: Constitution of the State of Indiana guarantees the right of people of Indiana to engage in diverse farming and ranching practices. The general assembly may not pass a law that unreasonably abridges the right of a farm/ranch to employ or reduce to employ effective Ag technology and livestock practices.
Background: Unlimited for Ag on how they use their land. Opposite of Sue Errington’s bill HB1472, good legislation that protects neighbors of factory farms.
(Companion bills SB411 and HB1380 to SJR14)
SB411 Environmental Nuisance Actions. Senators Jon Ford R-38 and Scott Baldwin R-20
Environmental Affairs Committee
Details: Environmental nuisance actions. Specifies that a civil action brought for monetary or injunctive relief due to the discharge of a contaminant in substantial compliance with a permit issued by the United States Environmental Protection Agency (EPA) or the Indiana department of environmental management (IDEM) may be brought only as a nuisance action. Defines "stigma damages" and specifies that in a nuisance action brought in connection with a discharge that substantially complies with an EPA or IDEM permit, the plaintiff: (1) must establish certain damages by clear and convincing evidence; and (2) is not entitled to stigma damages.
Background: As used in this chapter, "stigma damages “means damages that result from the diminution of the value of real property resulting from an authorized discharge due to any perceived risk: associated with the authorized discharge; or that the property will require future environmental remediation. This bill is about preventing court cases and exempting negligence of Ag, Forestry and Industry. Examples, CAFO’s would be exempt from air pollution, logging industry exempt from drinking water contamination, other industry exempt from toxic exposure and waste dump contamination.
Action and talking points: Call your legislators and oppose the legislation. This bill has broad implications for property owners. Environmental Affairs is not the right committee but rather the Judiciary Committee would be a better fit. These bills could have sweeping effects by eliminating legal action from citizens being harmed by Ag, Forestry and Industry.
Big Ag is pushing family farms down. These bills have a chance of moving and they need more attention.
Because of SB389 the Wetlands protection removal bill, these bad factory farm bills are flying under the radar. These bills need to be stopped and there is good factory farm legislation to support, like HB1472 Sue Errington.
Also, Rep Abbott, R-82 has been friendly to environmental and conservation legislation and he could help educate other House Republicans on the dangers of this bill. Contact Rep Abbott if you are his constituent and ask for his help.
Feedback: Not scheduled so far. This week’s hearing is the last chance. Could slip language into another bill that is moving. Watch schedule for Feb 18. Some members of our group have met with Sen Messmer. He was cordial but maintains that “frivolous lawsuits are a thing” and he supports the bill.
HB1472 Rep Sue Errington D-34 Rep Thomas Saunders R-54, House of Ag and Rural Development Committee
Details: Right to farm. Provides that an agricultural or industrial operation is negligent if the person or persons that own, operate, manage, or otherwise control the operation fail to use reasonable care in any of the following aspects relating to the operation: (1) Siting. (2) Design. (3) Construction. (4) Management. (5) Control. (6) Operation. (7) Change to the size or type of operation. Makes findings of the general assembly relating to agricultural operations.
Background: Allows citizens and neighbors to sue for negligence if a factory farm or other industry is not operating correctly. A coalition is growing of family farmers to speak out against bills like SB4111/HB1380.
Feedback: No movement on this bill so far. It is in the Agriculture and Rural Development Committee and it is doubtful that it will be supported. Please raise awareness of this legislation and thank Sue Errington for defending the rights of the People. Common law protects property rights and should be upheld.
Act Now on Factory Farm Reform: Indiana Virtual Legislative Forum- Join Hoosier Environmental Council online on Friday, February 12th at 12:00 pm EST to learn more about factory farm legislation.
Register with Facebook.
OR
Eventbrite page.
HB 1380 / SB 411: Dangerous Bills Aimed at Eliminating Court Remedies for Hoosiers Impacted by Factory Farms and Heavy Industry. HEC, Sierra Club, CAFO Watch and other environmental groups OPPOSE these bills! TAKE ACTION:
· Urge your state senator to oppose SB 411
· Urge your state representative to oppose HB 1380
2020 Legislative Midway Review
Bowden Quinn.
February 7, 2020.
The Indiana legislature reached the halfway point on Wednesday, February 5, with bills passing from their house of origin to the opposite chamber. Some bad environmental bills still need our attention. Here’s a summary of the bills of most concern to us and what may lie ahead for them.
House Bill (HB) 1414: This is the worst of the worst—a coal subsidy that might keep coal-fired power plants running longer than necessary, even longer than their electric utility owners would like. It could also allow utilities that store up to 90 days of coal to pass along increased fuel costs to their customers. Despite broad opposition from utilities, businesses, and public-interest groups, the House passed it 52 to 41. We hope that the Senate will show more respect for free market principles. You may read about the controversy over the bill here. Our Indiana Beyond Coal team is hard at work to defeat this bill. Learn how you can help on their Facebook page.
Senate Bill 170: This is another handout to the coal industry. It would allow the owner of a closed mine to redevelop it in any fashion (including new mining) and pass a quarter of the redevelopment costs on to taxpayers. It also removes planning protection from Spencer County (as does HB 1385), which may be to assist development of the boondoggle Riverview coal-to-diesel plant proposed in the small community of Dale in southwest Indiana. Both bills passed their respective houses unanimously.
SB 229: Another harmful bill that removes a requirement to obtain a permit from the Department of Environmental Management if planned reconstruction or maintenance of an agricultural drain could impact a wetland. The Senate passed it 32-18.
HB 1189: This worrisome bill sounds good on the surface but doesn’t go nearly far enough. It restricts the use of fire-fighting foams containing perfluoroakyls and polyfluoroakyls (PFAs), which contaminate water and pose a high health risk to anyone drinking that water. The problem with the bill is that it puts responsibility on firefighters and state agencies, rather than on the PFA manufacturers where it belongs.
On the plus side are two bills that could have a positive effect on the environment.
SB 368: Authored by Sen. Mark Stoops, this bill would ask the legislative council to assign an interim legislative committee later this year to study the benefits of carbon sequestration through conservation of forests, reforestation, and carbon farming. It passed 38-9.
Two bills, SB 214 and HB 1265 would require schools to test their drinking water for lead. We prefer the house bill (passed 92-0), which applies to all schools where the senate bill (passed 46-1) only applies in Lake County.
Most disappointing was the failure of two bills, SB 325 and HB 1031, to make it out of their respective houses. These bills would have codified a state Supreme Court ruling that land below the Lake Michigan’s normal high water mark is owned by the state of Indiana and the public has a right to access it. Both bills passed second readings (where the House bill was amended to comply with the court ruling) but failed to be called up for the final third reading and so didn’t pass to the next chamber. We preferred the Senate bill, which was more protective of the public’s right of access to the shoreline. We will continue to fight for this right.
If you would like to help beat back the bad bills and promote the good ones, please contact chapter director Bowden Quinn at bowden.quinn@sierraclub.org.
Update on SEA 471
Sierra Club Legislative Update
Brian Hasler, Capitol Assets LLC.
March 1, 2019.
The Sierra Club Hoosier Chapter legislative team and Capitol Assets, the chapter’s contract lobbyist, have been following a number of bills during this session of the Indiana General Assembly, testified at hearings, and worked members of the House and Senate to promote alternative energy and protect the environment. We have now reached the midpoint in the session, when bills having passed the House go to the Senate and vice versa. Below is a report on what has happened and what has not happened during the first half.
Homeowner association solar power and a repeal of the phase out of net metering were two areas addressed by bills authored by Rep. Mike Speedy (House Bill 1331) and Sen. J.D. Ford (Senate Bill 430) respectively. HB 1331, which would limit the restrictions that homeowner associations could put on installing solar panels, passed the Senate the last two sessions but failed to get a hearing in the House. This year the bill started in the House and is now headed to the Senate. Sen. Ford’s bill would have removed the phase out of net metering, but the bill failed to receive a hearing from the utility committee chairman, Sen. Jim Merritt.
Wind turbine placement has become a flash point in several Indiana communities. While we respect the need for responsible setbacks, the Sierra Club doesn’t want to impede the move to wind as an alternative source of energy. Rep. Tom Saunders filed two bills that would potentially have made installation of wind turbines more difficult in the state. HB 2060 was the most troubling as it would have required local referenda before installation. Fortunately, both of Saunders’ bills were not heard. In the Senate, Sen. Phil Boots’ SB 535 removes extended boundaries surrounding cities that would have restricted placement of wind turbines. This bill moves on to the House for consideration.
The legislature continues to offer financial favors to the electric utility industry. HB 1470, authored by Rep. Ed Soliday, provides a blank check for utility companies to increase utility rates for transmission construction without review by the Indiana Utility Regulatory Commission. Abuse of similar provisions in other states makes this a top priority for our team to defeat. An attack on the Office of Utility Consumer Counselor, HB 1468 authored by Rep. Heath VanNatter, didn’t receive a hearing. This was an attempt by the Indiana-American Water to hamstring the office by requiring the OUCC to use existing resources in state government first before employing consultants.
SB 442, authored by Sen. Jon Ford, would allow carbon dioxide collection and storage at a former industrial facility in Terre Haute. The project involves reutilization of a closed electric utility for an ammonia fertilizer operation and the storage of CO2 underground. This legislation, being pushed by a start-up company with the backing of the U.S. Department of Energy, raises serious questions about its impact on the environment. Concerns about those impacts and the liability of the state led the author to amend the bill to send the proposal to a summer study committee.
One of the most serious concerns we have involves SB 471 (Sen. Eric Koch), which comes from the petroleum industry. The bill would impose substantial penalties for “offenses involving critical infrastructure,” in other words pipelines and other energy-related facilities. The bill would have a chilling effect upon organizations like the Sierra Club regarding First Amendment rights. Efforts are underway to recruit others to our cause and to block the proposal in the House
Two bills would have impacted mining. The first, HB 1531 (Rep. Jeff Ellington), prohibiting local regulation of mineral extraction, was not heard in committee. A second bill, HB 1045 (Rep. Ron Bacon), would have protected communities by establishing setback provisions. This, too, was not taken up by committee.
Regarding concentrated animal feeding operations (CAFO’s), legislation sought by the environmental community failed to advance this year. HB 1378 (Rep. Sue Errington) would have increased the accountability of CAFO operations in Indiana, and HB 1044 (Rep. Ron Bacon) sought to enact more favorable set-back language. While HB 1378 received a hearing, the bill did not pass out of committee. Two additional bills filed in the Senate, SB 593 (Sen. Mark Stoops), a companion bill to Errington’s bill in the House, and SB 247 (Sen. Rick Niemeyer), which required annual inspections of CAFO’s, both failed to get a hearing. On a brighter note, Sen. Randy Head’s SB 270 would require recusal of local government officials for conflicts of interest, which may assist communities in fighting CAFO siting or expansion.
The Chapter joined the efforts of the Indiana Conservation Alliance to promote a dedicated source of funding for conservation in HB 1376 (Rep. Sue Errington). The bill would have directed sales taxes collected by the state from the sale of outdoor recreational equipment into an Indiana outdoor stewardship fund. Similar efforts in other states have produced millions of dollars for much needed repairs in state parks and preservation of natural habitats. The bill didn’t receive a hearing but we are committed to a multi-year effort that could produce a big payout for conservation in Indiana.
Sen. John Ruckelshaus introduced SB 610, a state forest management plan proposal. Efforts to reach agreement between the Indiana Forest Alliance and the Indiana Hardwood Lumbermen’s Association collapsed and the bill did not get a hearing. Legislation authored by Rep. Shane Lindauer (HB 1407) that would have allowed hunting and trapping bobcats when county sighting reports reached a certain level wasn’t heard following an outcry from the public.
Concerns about lead in drinking water, propelled by lead exposure in Northwest Indiana, and radon in schools prompted a number of bills this session. Bills to address lead in drinking water were introduced by Reps. Ryan Dvorak, Earl Harris, Carolyn Jackson, Sue Errington and Sens. Lonnie Randolph, Greg Tayor, and Jean Breaux. Only Sen. Randolph’s bill, SB 297, moved to the other chamber, after it was amended to be limited to Gary. Radon in schools and daycare facilities were addressed in Bills by Rep. Carey Hamilton and Sen. Eddie Melton addressed radon in schools and daycare facilities. Only Sen. Melton’s bill (SB 522) advanced.
HB 1406 (Rep. Soliday) provides for a water infrastructure assistance fund and comes from a summer study committee. The bill passed the House and moves to the Senate. Sen. Ed Charbonneau’s SB 4 establishes a storm water task force. Two bills were introduced dealing with public access to Lake Michigan. One by Sen. Karen Tallian, SB 553, seeks to protect the right of individuals to use the shoreline for recreation and codifies such use following a positive Supreme Court ruling. The second bill, SB 581 authored by Sen. Blake Doriot, addresses concerns of private property owners next to the lake. Both bills advanced to the House. Finally, HB 1266 eliminates local sediment and erosion regulation of construction sites. The bill, sponsored by Rep. Doug Miller, a home builder, is adamantly opposed by the chapter.
Your legislative committee and lobby team will continue to follow these bills, seek to improve those that we can, kill those that we cannot, and work to protect the environment and expand alternative energy in Indiana.
Congratulations Jason Flickner
Congratulations to chapter executive committee member Jason Flickner who won a Frontline Advocate of the Year award at the Hoosier Environmental Council's Greening the Statehouse conference on Nov. 17. A long-time advocate for improving water quality, especially in the Ohio River, this year Jason established the Lower Ohio River Waterkeeper, part of the national Waterkeeper Alliance, and serves as its director and waterkeeper.
Thank you to Jesse Kirkham for the photo.
Indiana State Legislative Election Results
Brian Hasler, November 2018
The Indiana Legislative races, like the elections across the country, provided greater diversity for the both the House and Senate that will change the dynamic in years to come. House Democrats picked up three seats. There will be eight new Democrats in the House, seven women of which two are new members of the Black Caucus, and the first Asian American to serve in the Indiana General Assembly. While the gains are helpful the increase brings the number of Democrats to 33, they remain one seat short of the ability to break a quorum which is an important tool for the minority party.
Chris Chyung defeated incumbent Republican Hal Slager in the District 15 race (Lake County). Lisa Beck defeated incumbent Republican Julie Olthoff in District 19 (Lake County). And Chris Campbell defeated incumbent Republican Sally Siegrist in District 27 (Lafayette). Democrats held on to all incumbents and the open Democrat seats. There was a scare in St. Joseph County where 22,000 votes were not initially counted. Once the mistake was found incumbent Democrat Joe Taylor was certified as re-elected.
In the Senate challenger J.D. Ford, becomes the first openly gay legislator following the defeat of incumbent Republican Mike Delph. Delph’s departure, easily the most conservative member of the Senate Republican Caucus, will remove one of the most ardent opponents of progressive legislation.
The Democrats were unable to pick up the open Muncie seat, or make gains on two other vulnerable seats in Terre Haute and Lafayette. This brings the balance of power in the Senate to 40 Republicans and 10 Democrats. It is hoped that new Senate leadership, with the election of Senator Rodric Bray as Pro Tem, is expected to improve the environment for the Sierra Club. Bray has been open to discussions and is a thoughtful legislators, and he has shown interest on alternative energy, forest and other environmental issues.
The Democrat Caucus elected new leadership the day after the election. State Representative Phil GiaQuinta of Fort Wayne succeeds Terry Goodin of Austin as Minority Leader. This was a re-match election following the succession of former Leaders Scott Pelath who resigned mid-term one year ago. GiaQuinta comes from the liberal wing of the caucus and may be expected to challenge the Republican leadership. Cherrish Pryor of Indianapolis becomes GiaQuinta’s second, and Mara Candelaria-Reardon becomes Caucus Leader.
In short the Democrats made modest gains, the Republicans continue to hold super-majorities in the Senate and House, and there is new leadership in the House Democrat Caucus. The remarkable outcome to this election is the election of a larger number of women members in both parties, the election of the first openly gay member of the Senate, and the election of the first Asian American to the Indiana General Assembly. For the Sierra Club and the Beyond Coal Campaign this may help turn the tide on some of the closer votes we have had in the House, with Senate leadership, and with a slight increase in progressive legislators versus some very conservative (Delph, Siegrist) members in the Indiana General Assembly.
Brian Hasler is an Associate with Capitol Assets, LLC, is a former four-term member of the Indiana House of Representatives, and represents the Indiana Chapter of the Sierra Club and the Beyond Coal Campaign at the Indiana General Assembly.
Water Infrastructure Task Force
August 2018
The Water Infrastructure Task Force was established by House Enrolled Act 1267 of the 2018 legislative session, to study and make recommendations concerning Indiana’s drinking water systems, wastewater management systems, storm water management systems, and related subjects.
Four meetings of the Task Force have been scheduled. The meetings will be held on September 12, September 26, October 10, and October 30. All four meetings will be held in Room 404 of the Statehouse, and begin at 10:00 AM. We understand that the Task Force will break for lunch on each date and will return to continue meeting in the afternoon. The meetings will be streamed live on the Internet from Room 404, and video recordings of the meetings will be archived on iga.in.gov web site for later viewing.
The web page of the Water Infrastructure Task Force is https://iga.in.gov/legislative/2018/committees/water_infrastructure_task_force.
Sierra Club Successfully Defends Communities Against Mining and Deforestation
Brian Hasler, June 2018
By any measure the 2018 session of the Indiana General Assembly was a difficult one for environmental interests. Republican supermajorities in the House and Senate represent a serious challenge to our agenda of forest protection, alternative sources of energy and clean and safe waters. Despite this often hostile legislative environment, the Sierra Club scored a clear victory when it came to protecting local zoning authority over extraction of natural resources.
In the Senate, efforts by the Sierra Club and our allies, the Indiana Forest Alliance and the Hoosier Environmental Council, were focused on passage of legislation by Senator Eric Bassler (SB 275) to set aside thirty percent (30%) of state forests from the Department of Natural Resources’ (DNR) plan for logging. In response to the annual sequestration of budget funds, the DNR has resorted to logging Indiana’s forests as a means of meeting budget shortfalls. With the support of the Indiana Hardwood Lumbermen’s Association, the DNR has argued that this effort is in the best interest of forests, when in reality under the past three Republican Governors we have seen a dramatic reduction in old growth trees in our state forests.
Despite considerable effort, and an unprecedented number of Senate Republican co-authors on the bill, the Chairwoman of the Senate Natural Resources Committee, Senator Susan Glick (R- LaGrange) refused to hear the bill for the second year in a row. However, when it came to an attack on local zoning with regard to the extraction of natural resources, the Sierra Club found a friend in Senator Glick. A bill introduced by Representative Jeff Ellington (R-Bloomington) would have overruled the responsibility of local zoning boards with regard to the removal of coal, minerals and forests on private property.
The measure (HB 1289) passed the House of Representatives with the active involvement of coal interests in Warrick County and a mineral extraction company in Tippecanoe County, both of which employed a number of well-connected lobbyists to exert pressure on legislators. Due to the efforts of the Sierra Club and our allies, and despite the strong support of House leadership, Chairwoman Glick refused to hear the bill and fought to keep the language out of a conference committee report. We owe a debt of thanks to those members of the Senate who stood up for local control in the protection of natural resources, including Senators Eric Bassler, Vaneta Becker, Susan Glick and Mark Messmer.
Solar energy and wind generation again became the subject of multiple bills, however none of the bills advanced to passage. HB 1069, authored by Representative David Ober (R-St. Albion), Chairman of the House Utilities Committee, would have extended the time period for which schools could finance the installation of solar power under grandfathering granted by SB 309 in the 2017 session of the Indiana General Assembly. The Sierra Club, HEC and others advocated for a repeal of SB 309, and the extension of additional relief for homeowners, not-for-profits and small businesses. Unfortunately, the House and Senate Committees had no appetite for revisiting SB 309 and even the school measure failed.
Wind generation came under attack through several bills designed to produce greater setbacks for residents and usurping of the state on guidelines for wind turbine installation. The House Utilities Committee Chairman consolidated the bills into one, heard testimony, and decided against giving the measure a vote, thus securing local control of wind turbine siting at this time.
Clean drinking water advocates enjoyed success in the passage of legislation creating a Water Infrastructure Task Force. The Task Force, made up of members of the House and Senate, representatives of the Governor’s office and administrative agencies, engineers and representatives of ratepayers, among others, will be tasked with: 1) studying issues concerning drinking water, wastewater management and storm water management, 2) creating a decision-making tool for the legislature to prioritize water infrastructure projects, and 3) developing a long term plan for addressing drinking water, wastewater and storm water management in Indiana.
Several other issues of concern to the Sierra Club included redistricting reform, bias crimes, autonomous vehicles and a new designated ambassador for the state. Despite the need for real redistricting reform, bills to address redistricting standards and an independent commission to draw legislative lines were not successful. Bias crime legislation made progress but again failed to pass, leaving Indiana behind other states that have addressed crimes based upon race, religion, sex, and gender orientation with enhanced penalties. Autonomous vehicles legislation designed to place Indiana in the forefront of this evolving industry advanced up to the final hours of the General Assembly only to fail in the final minutes. On a positive note, the Says Firefly was proclaimed the State Insect after a two-decade effort by school children across the state.
In the end, the 2018 session of the Indiana General Assembly failed to pass several priority bills as time ran out, including school safety measures, a takeover of schools in Gary and Muncie, adjustment of Indiana law to conform to changes in Federal tax law, several tax matters, and the annual technical corrections bill. No issues of concern to the Sierra Club are expected to arise as leadership in the House and Senate work to move these matters on an expedited basis in one day’s time.
Finally, as we look forward to the 2019 session, we can expect some dramatic changes to take place. First, Senator David Long, the Senate Pro-Tem, announced his retirement in November of this year. This set off a leadership challenge in the Senate that will be resolved on May 15th, only to be revisited after the Fall election. The introduction of new leaders will have a ripple effect through all of the leadership posts and chairmanships thus reshuffling the landscape in the Senate. While some Senate changes can be expected in the election, major changes in the makeup of the House of Representatives is assured with the number of retirements. After many years of little change in leadership and in turnover, the past several elections and the upcoming one will reshape the legislative environment.
The Sierra Club remains a vital voice at the Indiana General Assembly. I would encourage every Sierra Club member to get to know your legislators, let them know your thoughts about our issues, and to take advantage of public meetings in your area to reinforce our commitment to alternative energy, protection of our Indiana state forests, clean water and protection of the environment.
Brian Hasler is an Associate with Capitol Assets, LLC, is a former four-term member of the Indiana House of Representatives, and represents the Indiana Chapter of the Sierra Club and the Beyond Coal Campaign at the Indiana General Assembly.
Hoosier Chapter at Hoosier Environmental Council's Greening the Statehouse event
December, 2017.
Sierra Club Hoosier Chapter staff and volunteers were excited to be at HEC's Greening the Statehouse 2017. We asked people what their one wish for the holidays would be and got some excellent responses! You can see more at our instagram and twitter pages. Here are just a few!
Participants at HEC's GTS and their Christmas wish, and Heartlands Group volunteer Lori with her hope for Hanukah.
Hoosier Chapter staff Rebecca Dien-Johns and Monica Cannaley with their holiday wishes.
Sierra Club Battles for Solar, Forests, Safe Water at the Statehouse
(Photo: Grendelkhan via Wikimedia Commons)
Brian Hasler, July 2017
The 2017 Session of the Indiana General Assembly found the Sierra Club battling with investor owned utilities (IOUs), logging proponents and water utilities on issues of solar power, the protection of forests under State ownership and in the continuing concern for safe water in our communities. An all-out assault by the IOUs to take ownership of solar power in Indiana received the greatest attention with significant changes resulting from Sierra Club action.
With Republican super majorities in the both the Indiana House and Senate, the IOUs felt the time was right to push a phase out of net metering for homeowners and small businesses that invest in solar power. IOUs contributed over $1 million to the campaigns of legislators of both parties and have had considerable resources with which to lobby Members. In fact over thirty direct and contract lobbyists would descend on the Statehouse to make their case. Senate Bill 309, authored by Senator Brandt Hershman (R- Buck Creek) but in reality by the IOUs, called for an immediate end to net metering and a buy-all, sell-all market. Buy-all, sell all would have erased the benefit to homeowners and small businesses for investing in solar by in essence turning all of the value over to the IOUs. The unfairness of this provision, as pointed out by the Sierra Club and our allies, soon forced the author to withdraw that part of the bill.
The Sierra Club and our allies in solar energy generated a substantial number of calls and e-mails to members of the Senate Utilities Committee and its counterpart in the House calling for the defeat of the bill. By far the greatest number of calls, emails and letters that Members of the General Assembly and Governor received during this session were in opposition to this bill. That grass roots effort was bolstered by Sierra Club members attending town hall meetings with area legislators in which they turned up the heat on local Senators and Representatives. And in a remarkable show of strength, pro-solar advocates flooded the committee hearings in the Senate and House Chambers forcing Committee Chairs to extend testimony to over six hours in each Chamber.
In spite of this overwhelming opposition to the bill, numerous op-eds, articles and letters-to-the-editor, Senate Bill 309 advanced, albeit with a number of changes. The attack on net metering was scaled back to provide a staged phase-out: existing homeowner and small businesses with solar and those able to install before December 31, 2017 would be grandfathered for 30 years or until 2047; those installing solar within the next five years would be grandfathered for 15 years or until 2032; and those installing after five years would be compensated at a rate of 1.25 times the average marginal price of electricity paid by the electricity supplier during the most recent calendar year.
Despite substantial input from the public and concerted efforts in the hallway, we were only able to secure eleven votes against the bill in the full Senate. The House of Representatives was another matter entirely. Your Sierra Club lobbyist was able to secure the help of House Minority Leader Scott Pelath (D-Michigan City) in securing the full support of House Democrats to oppose the bill. Leader Pelath referred to this as a “legacy vote” and exerted his influence in keeping two Members who were leaning toward supporting the bill to stay with the Caucus. On the House Republican side Representatives Jerry Torr, Mike Speedy and Ron Bacon spoke out in Caucus and on the Floor to oppose SB 309. In fact, the Speaker cut debate in the full House short to advance the bill. It is believed that had all Members been allowed to speak that the number of Republicans to vote in opposition would have been greater. In the end thirteen Republicans joined all thirty Democrats to put up forty-three votes in opposition to the bill.
The battle continued after the bill left the House version was concurred on by the Senate and SB 309 went to the Governor’s desk. Governor Holcomb’s phone lines were jammed and at one point staff stopped answering the phone due to the huge volume of calls in opposition to the bill. Regrettably the Governor signed the bill stating that current homeowners and small businesses would benefit from the grandfathering protections of their investment. The Sierra Club and our allies can take pride in the amazing public response that was generated in opposition to this grievous bill. We can also take solace in the fact that important relationships were built with key legislators, advocates were identified particularly in the House on both the Republican and Democrat sides of the aisle, the fight went until the very end of the session, and we can build upon these relationships going forward to fight another day.
While SB 309 dominated our efforts, the Sierra Club intervened on several other bills to promote protection of forests on public lands and to address Confined Feeding Operations (CFOs), drinking water contamination and social justice issues. Senate Bill 420, authored by Senator Eric Bassler (R), sought a set-aside from logging of ten of all forest land within State owned forests. The bill was opposed by the Department of Natural Resources, and in a vitriolic way by the Hardwood Industry Association which called proponents of the bill “eco-terrorists.” No vote was taken by the Committee Chairman, but for the first time in years this bill was given a hearing. There is reason for hope that this bill will get beyond Committee in the next session and gain more support for final passage.
Several water bills were introduced to address lead contamination in drinking water in East Chicago. House Bill 1344 (Representative Earl Harris D) calls for State agencies to assist the E.P.A with testing, excavation and removal of contaminated soil and with the U.S. Department of Housing and Urban Development regarding the relocation of families impacted by lead contamination in East Chicago. Several provisions in House and Senate bills were combined to study the delivery of water to underserved areas.
Senate Sue Glick (R-LaGrange) introduced SB 439 to address bias crimes in Indiana. This bill had the support of the Sierra Club and passed out of committee only to fail without a third reading vote when it became clear the bill would not pass. Success in the legislative process is incremental and the fact that this bill made it to the floor is another step in the right direction. The Sierra Club also supported the effort to produce a fair process by which redistricting occurs in Indiana. Despite having the House Speaker as a co-author, the bill failed to get a committee vote. Taking positions on social and good governance issues places the Sierra Club will allow the organization to build broader coalitions that support those and our issues.
The Sierra Club continues to have influence on key energy, conservation and environmental issues at the Statehouse. While the odds are tough at times, we have forced our opponents to bend and accept changes to adverse legislation. We have also paved the way for future success. The Sierra Club remains an effective force for the environment, for the advancement of alternative energy and the closure of coal fired power plants, and for social justice and fairer legislative districts.
Brian Hasler is an Associate for Capitol Assets, is a former four-term member of the Indiana House of Representatives, and lobbied for the Hoosier Chapter and the Beyond Coal Campaign during the 2017 session of the Indiana General Assembly.
Rooftop Solar Dims Under Pressure From Utility Lobbyists
July, 2017.
From the New York Times: Early on a March morning in the Indiana State Capitol, under a mural of the Greek sun god Apollo, solar energy enthusiasts swarmed a committee hearing to defend the state’s embattled solar policy - read the full article here.