CAFO bill dies in committee
April 30, 2007
JOE MILLER
Senate Bill 431 regulating CAFOs died in conference committee on Sunday. While the original bill had a number of positive features (e.g., setbacks, rules and certification for manure handlers, increased inspections and fees to support such inspections, corporate good character provisions, provisions for local control in issues related to moratoriums, operational requirements, setback increases, health protection), these features were either removed or severely diluted as the bill moved through successive conference committee meetings.
The bill also picked up some really negative features as it moved through the process. One in particular, Section 9, stipulated that IDEM had the exclusive regulatory responsibility for addressing the health impacts of CAFOs. Had SB 431 passed with Section 9 intact, the St. Joseph County Health Department's CAFO Ordinance which regulates CAFOs under health regulations would have been invalidated.
SB 431 finally died in committee because even the provisions for setbacks from schools and towns were stripped from the bill. At that point, there was virtually nothing positive left in the bill -- it was basically a giant gift to the CAFO industry and its proponents -- and legislators that had fought for more responsible CAFO provisions (e.g., Senator Paul, Representatives Pflum and Saunders) withdrew their support.
In summary, in the very narrow sense, the death of SB 431 removes (at least for the time being) the threat that our county Health Department Ordinance will be invalidated. In the broader sense, however, if SB 431 would have passed with its original provisions intact and minus Section 9, it would have made a real contribution to the health and environment of all present and future citizens throughout the state. The death of that vision is a real loss.
The following link will take you to a story today in The Star Press in Muncie on the death of the bill. Note the fancy spin by Senator Gard -- one of the chief obstacles to responsible CAFO legislation.
Joseph MillerDepartment of Psychology
51 Madeleva
Saint Mary's College
Notre Dame, IN 46556
Office Phone: 574 284-4532 (4534)
Fax: 574 284-4716
St. Joe Valley Greens, South Bend, IN