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Yahoo
28-05-2025
- Business
- Yahoo
Ohio lawmakers introduce bill that would allow counties to test gas station fuel quality
COLUMBUS, Ohio (WCMH) – If an Ohio bill is signed into law, local counties may begin testing the quality of motor fuel at gas stations. Senate Bill 80, sponsored by Sens. Catherine Ingram (D-Cincinnati) and Willis Blackshear Jr. (D-Dayton), would enable county auditors to implement programs for testing the quality of motor fuel at gas stations. The legislation would permit inspectors to test for octane levels, as well as sediment and water in fuel. 'This bill represents an essential step toward protecting Ohio's consumers, promoting environmental sustainability, and ensuring the integrity of the motor fuels used by our residents every day,' Ingram said at an introductory hearing for the bill in February. While Ohio law already presents the opportunity for the state Director of Agriculture to establish a statewide motor fuel quality testing program, one has not yet been created. Ohio is one of only three states that does not have a statewide program for fuel quality testing, according to the lawmakers. In other states, inspections are typically conducted annually, while some opt to test whenever there are customer complaints. Currently, Ohio law does not allow for a quality testing program at the county level. County auditors have inspectors who visit gas stations to test for the quantity of fuel, but not quality. Low-quality fuel can lead to engine damage, reduced fuel efficiency and increased air pollution, Ingram said. Repairs needed after fueling with contaminated gas can cost hundreds to thousands of dollars, depending on the severity of the damage. 'When consumers are putting gas into their car, they want to be assured that the product they are putting into their vehicle is safe, and that they are not being 'sold short,'' Blackshear said at the February hearing. 'By allowing our county auditors to implement this program they can give local consumers an enhanced peace of mind knowing that the fuel they are using has been checked and is accurate.' The bill would require fuel inspectors to relay data collected from testing programs to the Director of Agriculture, who would then compile that information and make it accessible to the public online. It would also allow each county auditor to make their own decision on if implementing a program is feasible, Blackshear said. Multiple similar bills have been introduced in past general assemblies, but have not made it through a legislative session. The most recent was introduced by Ingram in May 2024, which did not progress to the point of receiving a hearing. Currently, only Summit County operates a motor fuel quality testing program in Ohio, as it is a charter county and has certain home rule powers most other counties do not. Cuyahoga is the only other charter county in Ohio. SB 80 was assigned to the Senate's Agriculture and Natural Resources Committee, where it awaits proponent and opponent testimony. Sen. Hearcel Craig (D-Columbus) is cosponsoring the bill. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
20-03-2025
- Politics
- Yahoo
Environmentalists: Second attempt at wetlands bill would leave 80% vulnerable to development
A sign at Nashville's Shelby Park urges the protection of wetlands. (Photo: John Partipilo) A bill that would remove protections from an estimated 80% of Tennessee's wetlands advanced through a Senate committee Wednesday over the objections of several scientists and environmental advocates. The bill is the second attempt by sponsors Sen. Brent Taylor and Rep. Kevin Vaughan, both West Tennessee Republicans, to roll back what they say are overly onerous mitigation requirements for developers and landowners. 'Under our current regulations that we use in Tennessee, we're treating a tractor rut like Reelfoot Lake,' Taylor said. But representatives from environmental organizations said the bill would lead to the piecemeal destruction of Tennessee's natural resources by removing mitigation requirements for a majority of the state's wetlands. Developers are currently required to get state approval and pay mitigation fees before altering swampy areas that soak up rainwater and filter it into groundwater tables. Stripping back regulations weakens the financial incentive for developers to avoid building on wetlands, which provide natural flood mitigation and water quality benefits, opponents said. Under our current regulations that we use in Tennessee, we're treating a tractor rut like Reelfoot Lake. – Sen. Brent Taylor, R-Memphis The bill passed 7-2 along party lines in the Senate Energy, Agriculture and Natural Resources Committee, and will move on to the Senate Finance, Ways & Means Committee. The bill's sponsors finalized an amendment to the caption bill – a bill introduced with a broad description that can be amended later – early Wednesday morning. The legislation defines four types of 'isolated wetlands,' creating a new category of 'artificial isolated wetlands' created purposefully or inadvertently by the alterations of humans or beavers. Under the bill, developers would be able to drain and fill artificial wetlands at will with no regulatory oversight from the state. The legislation also scraps automatic mitigation requirements for moderate- and low-quality isolated wetlands — which have minimal or moderate roles in ecosystems and natural water and chemical cycles — up to 2 acres in size. There's a carve-out for potential 1:1 mitigation for moderate-quality isolated wetlands between ½ to 2 acres, but the bill doesn't define when that rule would apply. Developers, seeking to gain from building boom tied to Ford plant, push for weaker wetland rules An estimated 80% of Tennessee's wetlands are smaller than one acre, according to George Nolan, Tennessee director of the Southern Environmental Law Center. High-quality isolated wetlands and moderate- and low-quality isolated wetlands larger than two acres would still require more specialized Aquatic Resource Alteration Permits. The Tennessee Department of Environment and Conservation commissioner would also gain the authority to change acreage thresholds for low- and moderate-quality isolated wetlands as they see fit. Sen. Heidi Campbell, a Nashville Democrat, said giving 'any commissioner in the future this kind of control … is problematic.' But the bill also prevents regulators from considering destruction of any isolated wetlands when determining a development project's cumulative impacts on wetlands. The Harpeth River Conservancy estimates Tennessee has 460,000 individual isolated wetlands, 94% of which are smaller than 2 acres, according to Watershed Science Director Ryan Jackwood. About 200,000 acres of isolated wetlands in West Tennessee sit atop the recharge zone for the Memphis Sand Aquifer, which provides drinking water for Shelby County and other needs across the mid-south, Protect Our Aquifer Science Director Scott Schoefernacker testified Wednesday. Vaughan's 2024 version of the bill was sent to a legislative summer study session, and TDEC presented a report to more than 100 stakeholders during a wetlands summit in October. The department also released a report with detailed recommendations for policy improvements. 'This amendment does not effectuate those recommendations, and in fact goes way beyond what TDEC has recommended,' Nolan said. He added that neither Vaughan nor Taylor attended that summit. A TDEC representative testified that the amended bill included 'a lot of the recommendations,' but a few 'really important' items are missing — namely, the creation of a Voluntary Wetland Conservation Fund. Taylor said that the bill's proposed regulations are still more stringent than policy in some surrounding states that fall in line with the recently constricted federal definition of wetlands. A 2023 U.S. Supreme Court ruling reduced the number of wetlands covered by federal protection, lifting regulation from 'isolated' wetlands that do not have surface connections to other federally protected bodies of water. Mallory Kirby, who testified in favor of the bill on behalf of the Tennessee Chamber of Commerce and Industry and Home Builders of Tennessee, characterized it as a bill about property rights. She and Taylor say the changes to the state's regulatory landscape are a compromise that will save developers and landowners time and money, bringing down housing costs. Connecting the dots between Tenn.'s home builders and bill to deregulate construction on wetlands Cutting back regulations would cost the state around $78,000 in lost permitting revenue but save Tennessee's Department of Transportation about $3 million per year on mitigation credits, Taylor said. TDOT, like many transportation departments across the U.S., frequently alters wetlands while building roadways. Case Davis, president of wetland restoration and mitigation bank company Beaver Creek Hydrology, is a member of the Tennessee Ecological Restoration Association. His company (and those represented by TERA) restore or preserve wetlands and then provide mitigation credits for developers to purchase. The association calculated the industry has invested more than $1 billion in restoration and conservation projects in Tennessee, he said Wednesday. The group supports the amendment but has one big concern: the clauses preventing consideration of projects' cumulative impacts on these wetlands. 'It's a supply and demand type market,' Davis said. 'If we reduce the amount of wetlands that are protected by 90% as this bill intends to do, then the cost of those mitigation credits will go up because we have a pro forma — we have to recoup our investment. So to state that this will reduce the cost of mitigation by reducing the impacts to wetlands is not true.' Taylor repudiated scientists' and advocates' warnings that failing to consider the bill's cumulative effect on Tennessee's wetlands would have lasting negative consequences for water quality and flood control, among other things. 'How come those things aren't happening in Kentucky, Mississippi, Alabama, Georgia, South Carolina, Louisiana, Arkansas, Missouri, Iowa, Kansas, Oklahoma and Texas?' Taylor asked. 'This bill regulates more than those states, but they all still have drinking water. They've not been submerged in floods.' 'If you're destroying wetlands in all of those places, those things are happening,' Nolan replied. 'The question is, at what rate are they happening?' Removing incentives to preserve wetlands will change the way water and money flows, Nolan said. 'That's going to turbo-charge the destruction of our wetlands, and it'll be our grandchildren that will experience the consequences of that.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
19-02-2025
- Politics
- Yahoo
Duck River, Tennessee waterways could see regulation rollbacks under two proposed bills
John McEwan, whose family has lived on the banks of the Duck River since the 1860s, skips stones on the Duck. (Photo: John Partipilo) Tennessee conservation groups that support the preservation of the Duck River are warily watching two bills that they say would put the state's waterways at serious risk. One bill would strip state protections from wetlands that are no longer protected by federal law. Another would scrap a required 2-mile buffer between designated scenic rivers and landfills. While both bills would have implications for waterways throughout the state should they pass, the Duck River has taken a central role in discussions about their effects. The Duck River is Tennessee's longest river and the most biodiverse freshwater river in North America. It also serves as the primary water source for roughly a quarter million residents in fast-growing Middle Tennessee. Environmentalists and advocates have fought for stronger protections for the waterway for years: through court battles, water utility permit appeals and legislative action. Gov. Bill Lee raised the Duck to a level of statewide concern in fall 2024 with an executive order shaping a new advisory committee to balance the river's health with increasing water needs. It's not clear whether the bills' sponsors intend to pursue their passage this legislative session, and the bills may still be amended. Collierville Republican Rep. Kevin Vaughan is back this session with another version of his 2024 bill seeking to roll back protections on hundreds of thousands of acres of wetlands. Vaughan's original bill faced staunch opposition from environmental advocates and was ultimately sent to a legislative summer study session. The Tennessee Department of Environment and Conservation (TDEC) presented its report to the Senate Energy, Agriculture and Natural Resources Committee with recommendations for wetlands regulation updates in October. Developers, seeking to gain from building boom tied to Ford plant, push for weaker wetland rules Vaughan's 2025 bill appears to be substantially the same as his 2024 proposal. It would prevent TDEC from classifying property as a wetland unless that property is defined as a wetland by federal law. A Supreme Court decision in 2023 constricted the number of federally protected wetlands, cutting out wetlands that are 'isolated,' or do not have surface connections to other federally protected bodies of water. Vaughan did not respond to requests for comment, but said in 2024 that his bill would have no impact on 'real wetlands,' only small areas created by tractors or livestock. Those, he said, should not be subjected to cumbersome regulations requiring developers to seek permits and complete mitigation efforts to build on or disturb wetlands. George Nolan, director of the Southern Environmental Law Center's Tennessee office, said the legislation would have a far broader reach. 'That bill, if it passed, would remove all state-level protections for more than 300,000 acres of wetlands,' Nolan told the Lookout. 'That would have tremendous impact, because wetlands help keep us all safe and healthy.' Wetlands slow down and soak up flood water — Nolan said an acre of wetlands can hold more than a million gallons of water — and they filter water as it moves into the groundwater system to replenish aquifers that provide drinking water. Wetlands also serve as ecologically diverse habitats. The Harpeth Conservancy, working with data from mapping data firm Skytec, estimates there are roughly 16,000 geographically isolated wetlands that could lose protection along the Duck River. Around 80% of those wetlands take up less than one acre. A little more than half are a quarter acre or less. 'In Middle Tennessee, a hot spot for wetlands is in the upper reaches of the Duck River watershed. The Duck River depends on the groundwater system to recharge that water body,' Nolan said. 'If we destroy wetlands in the upper Duck River watershed, we are going to hurt the river during times of drought.' The Duck River runs 'right smack dab through the middle' of Hickman County in Dickson Republican Rep. Jody Barrett's district. His constituents are passionate about protecting the river's natural resources and beauty. Barrett is a real estate attorney and said he understands what Vaughan may be trying to do from a development standpoint, but Barrett still has concerns about the bill. He draws a comparison to a blank canvas. Twenty or 30 dots on that canvas may not look like much, but make it 20,000 to 30,000, and 'it starts filling in pretty quickly.' 'That's what I would fear from this bill,' Barrett said. 'Yes, on its face, it may seem innocuous — that we're only affecting a really small piece of ground — but when you do that multiple times across the entire state, then eventually that's going to really start having an impact.' Barrett's district doesn't have the type of development that Vaughan's bill might be trying to address, but his constituents recognize that, eventually, growth will reach Hickman County. He's concerned that upstream decisions — including potential destruction of wetlands — could have negative effects for downstream counties like Hickman. Yes, on its face, it may seem innocuous — that we're only affecting a really small piece of ground — but when you do that multiple times across the entire state, then eventually that's going to really start having an impact. – Rep. Jody Barrett, R- Dickson 'If we're going to start touching these wetlands, which act as filters and catch basins that slow that rage of water down, what measures are we requiring to be put in their place to make sure that downstream counties, populations and farmers are still being protected,' Barrett asked. Madison County Republican Rep. Chris Todd said he's not sure if he will advance a bill removing landfill buffers for scenic rivers this session, but he's 'leaning toward it.' A spokesperson for Calhoun Republican Sen. Adam Lowe, the sponsor for the bill's senate version, indicated it would not run this year. But Todd said he doesn't intend for the bill to undo protections bestowed on portions of the Duck River in 2023 as a company sought to place landfills on Maury County property that was once owned by agrochemical company Monsanto. Hohenwald Republican Sen. Joey Hensley and Culleoka Republican Rep. Scott Cepicky carried that legislation. Trinity Business Group sought permits from TDEC to install two landfills on the property, a federally designated Superfund site containing hazardous substances from its Monsanto days. Maury County officials and residents moved quickly to block the permits, citing a law requiring local approval for landfills. Louisiana landfill company pushes back on Duck River protections The company sued, and the case remains ongoing. If he does move the bill forward, he told the Lookout that he'll add an amendment grandfathering in protections approved under the existing law. Todd's district in Madison County is dozens of miles away from the Duck River, and he said he doesn't have any concerns about a similar situation playing out on West Tennessee rivers. Todd sees the landfill protections applied to portions of the Duck River a few years ago to be an abuse of the state's Scenic Rivers Act, which was 'never meant to be used like this,' he said. This bill has more to do with the principle than the specific river, he said. 'This bill was only related to the Duck River, maybe in a few people's minds, in that this law that I intend to change has been weaponized in the past to circumvent … our solid waste laws that are already in place and bypass the normal processes for landfill approvals,' Todd said. Barrett said Todd's bill is 'in direct contrast' to a bill he's proposed that would classify the section of the Duck River that lies within Hickman County as a Class II scenic waterway. The classification would allow private landowners the option to participate in environmental and development protections to ensure the land stays pastoral as Middle Tennessee grows. Barrett said he hasn't spoken to Todd about the bill and he doesn't know what Todd's motivations are, 'but certainly his bill would be contradictory to the interests of the citizens of Hickman County that are seeking to protect our river from all sorts of future development — not just landfills, but other issues that might eventually have negative impacts.' Grace Stranch, CEO of nonprofit conservation group Harpeth Conservancy, disagrees with Todd's characterization of scenic river protections being 'weaponized.' 'The legislative intent behind the Tennessee Scenic Rivers Act was to protect rivers with outstanding qualities for present and future benefit to the people,' Strach wrote in an email to the Lookout. The legislature added the provision prohibiting landfills within two miles of a scenic river in 1990. 'The Duck River, North America's most aquatically biodiverse river, clearly meets the criteria for designation,' Stranch wrote. 'The timing of new designations is irrelevant if they are fulfilling the legislative intent. Removing the landfill prohibition that has been in place for over 30 years erodes the purpose and necessary protections for our outstanding rivers.' Freshwater mussel shells glisten in the sunlight in just a few inches of water in the Duck River. (Photo: John Partipilo/Tennessee Lookout) Rep. Jody Barrett, a Dickson Republican, at right with landowner Doug Jones, is concerned potential destruction of wetlands could have negative effects for downstream counties in his district. (Photo: John Partipilo/ Tennessee Lookout) A portion of the Duck River, Tennessee's longest river, in Coffee County. (Photo: John Partipilo) Todd said he wouldn't have concerns about putting a landfill less than two miles from the Duck or other rivers because of the 'tight control TDEC has on landfills.' Environmental advocates think otherwise. Nolan said having a landfill near the river would carry 'a big risk of harmful pollution impacting the river as well as the scenic beauty of the river being harmed.' Duck River Conservancy Chairman Doug Jones said the bottom line is 'landfills leak.' He and his group know that landfills are necessary and Middle Tennessee needs them, but said the river needs protection. 'It's just common sense,' Jones said. 'You don't build landfills by scenic rivers … or any river for that matter. You're just asking for trouble.' Todd also rebuffed rumors that he has nefarious intentions toward the Duck River, or would renege on his pledge to amend the bill so it's not retroactive. He's heard concerns that another bill he's proposed this session that would require water and waste regulations to be based in 'sound science' is related to his proposed landfill legislation. He says that's false. When asked, Todd said he's not aware of any standing Tennessee regulations that were not based on sound science. 'It's just a topic I've heard discussed and thought, 'That may be something we need to look at,'' he said. Stranch said even if the bill is amended to grandfather in rivers that already have landfill buffers in place, other rivers would suffer. 'Landfills pose unique risks to our outstanding rivers; allowing them so close to our rivers will ensure future rivers designated Class II under the Tennessee Scenic River Act will not have the same necessary protections for our present and future generations,' she said. Anita Wadhwani contributed to this story. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
13-02-2025
- Business
- Yahoo
Tennessee governor revives farm conservation bill with $25 million fund
A measure proposed by Gov. Bill Lee would allow farmers to get state money in exchange for giving the state easements on portions of their land. (Photo: John Partipilo/ Tennessee Lookout) Tennessee Sen. Steve Southerland was stripped of his post as chair of the Senate Agriculture Committee after opposing a 2024 bill by Gov. Bill Lee designed to slow down the development of farmland and forests. Southerland, a Morristown Republican, was worried that farmers who accepted state money for an easement to help them preserve their property wouldn't be able to borrow against their mortgage at a later time because the state would hold a lien on the property. The bill never made it out of the Senate Energy, Agriculture and Natural Resources Committee in 2024, even though Southerland said he found a way to assuage concerns with a plan allowing the state to be 'subordinate' to lenders. Now removed as chair and no longer serving on the agriculture committee, Southerland, with more than 30 years in the mortgage industry, is out of the loop. But asked whether he has concerns about this year's version of the legislation, Southerland said, 'Not as long as they put that subordinate agreement in there. If a farmer doesn't want to borrow on his property, that's fine with me.' No major revisions have been made in the legislation, though, as Senate leadership overlooked Southerland's objections, instead receiving assurances from the lending industry that farmers would be able to borrow against mortgages. The Lee Administration is predicting passage of Senate Bill 207 and putting $25 million into a grant fund handled by the state Department of Agriculture to pay farmers across the state for easements that will protect their land from development. The funds are supposed to be recurring but will be subject to the legislature's approval. The governor, who owns a Williamson County cattle farm, spoke about the initiative during his State of the State address Monday, saying Tennessee is losing 10 acres of farmland every hour. 'Which is a staggering number when agriculture is our number one industry,' Lee said. His bill would create a grant program for farmers who volunteer to preserve their land. The agriculture commissioner would administer the fund. Another provision designed for preservation groups says a 'qualified easement holder' with 501(c)(3) tax-exempt status could acquire a conservation easement through a purchase, donation or some other type of transfer and would not be allowed to sell, transfer, release or otherwise divest of the conservation easement. Sen. Shane Reeves, the new chairman of the Energy, Agriculture and Natural Resources Committee, said Wednesday he believes concerns with the bill have been resolved. 'An enormous amount of work's been done on that,' Reeves said, involving the executive branch, Farm Bureau and other groups. 'It's no longer an issue.' State easements on farmland were to be temporary under last year's bill. But Reeves said they would be permanent under the new iteration, and farmers would be able to borrow against their mortgage even if the state holds a lien. 'For it to help farmers preserve their land, losing (10) acres an hour, that seems like a fairly affordable price to pay,' Reeves said of the $25 million injection into a state fund. The committee is set to consider the measure next week, he said. Sen. Page Walley, a member of the agriculture committee, also said he is 'comfortable' with the bill after dealing with it in 2024 and hearing from involved groups. Banks and lending institutions assured legislative leaders that liens held by the state wouldn't be 'an issue,' according to Walley. SUPPORT: YOU MAKE OUR WORK POSSIBLE
