A contentious overhaul of Indiana’s environmental laws squeaked out of the House’s dedicated committee on Wednesday afternoon, in a 6-5 vote.
Senate Bill 277 would eliminate about a dozen “outdated” references to state and federal law, 40 “needless” reporting or paperwork requirements, 50 references to the state’s administrative rulebook and 250 “unnecessary” mandates, said Sen. Rick Niemeyer, the proposal’s author.
Niemeyer, R-Lowell, said he began working with the Indiana Department of Environmental Management a year ago to revise Title 13, the section of statute devoted to the environment.
The modernization push to aims to “improve clarity, reduce unnecessary burdens, address outdated provisions, and better serve Hoosiers and the environment,” said IDEM Commissioner Clint Woods.
“Nothing in the bill would diminish IDEM’s work to implement rigorous state and federal environmental protections for air, land and water quality,” he assured the panel.
As amended Wednesday — in a 7-5 vote — the sprawling bill tops 150 pages.
Industry witnesses repeatedly lauded the measure for both increasing the regulatory certainty they seek and offering IDEM greater flexibility in decision-making.
“This approach supports environmental reviews that are timely, coordinated and predictable, helping avoid unnecessary delays that can affect project cost and viability,” said Natalie Goodwin, the vice president of government affairs for the Indiana Chamber of Commerce. It “strikes the right balance, preserving environmental oversight by improving clarity, alignment and process certainty for regulated entities.”
But Rep. Maureen Bauer, D-South Bend, asked “how do you believe changing a ‘shall’ to a ‘may’ creates regulatory certainty?”
Goodwin replied: “We think that it gives the commissioner of IDEM and the agency (the ability) to act in their best interest and with the flexibility to work with industry.”
The Indiana Manufacturers Association also emphasized predictability and stability. Ashton Eller, vice president of governmental affairs, highlighted the bill’s “stricter” permitting timelines as providing “a lot of operational certainty to our members.”
Groups for builders and professional engineers expressed support for changes to to the statute’s erosion control responsibility and excess liability trust fund provisions.
Environmental groups and residents, however, feared some provisions could endanger the state’s natural resources and human health.
“We appreciate the intent to clean up and update all the outdated code … but there are quite a few places that we feel will go beyond that, which are concerning to us,” said Desi Rybolt, a conservation campaign manager for Indiana Conservation Voters.
Katherine Koenig, representing Save the Dunes, noted the bill makes it optional for IDEM’s commissioner to sue sources of pollution that present “imminent and substantial endangerment” to health, plus the welfare of those whose livelihood is at risk. Current law requires action to stop the contamination.
“This is especially troubling for northwest Indiana, where heavy industry operates directly adjacent to both the Indiana Dunes State and National Parks, along the lake Michigan shoreline,” Koenig said. Pollution has recently forced the federal side to close for days at a time.
“IDEM must be required to act swiftly and decisively,” she added. “Weakening this responsibility puts park visitors, tourism revenue and the public lands at a greater risk.”
William Paraskevas, representing the Sierra Club’s Indiana chapter, criticized the dozens of requirements made voluntary, saying, “If a duty is made optional, is it really still a duty?”
He also spoke against provisions altering the Environmental Rules Board, like one letting the governor remove members at any time, without cause. The bill also would eliminate a cap on the body’s partisan makeup, among other changes.
Rep. Hunter Smith, R-Zionsville, joined the committee’s four Democrats to vote in opposition.
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