Ohio legislature
The Ohio General Assembly is back in Columbus after the March 19th primary election, and committee schedules are already filling up. Given the increased activity in recent weeks, we thought it was a good time to examine what has happened legislatively this year up until this point.
H.B. 64—Eminent Domain. This bill was first introduced by Representatives Kick (R-Loudonville) and Creech (R-West Alexandria) in February of 2023. The bill’s purpose is to make it more difficult for governmental agencies or private entities to take private property through eminent domain. On February 6, 2024, the bill was updated with a Substitute House Bill 64 in the House Civil Justice Committee.
The previous version of the bill excluded recreational trails from the definition of “public use,” meaning that property could not be taken by a government agency for recreational trails. The current version of the bill narrows this language, allowing for a taking for the purpose of creating recreational trails, but not in cases where the property is not adjacent to a public road and where the property’s primary use will be for a recreational trail.
Another substantial change between the versions involves compensation offers from the government entity to the landowner. In the original version of the bill, a government entity would not have been allowed to reduce an offer made to purchase property before proceedings commenced if the reduction was based on hard-to-discover issues with the property. The current version would exclude this provision, restoring an agency’s authority to reduce offers.
Substitute House Bill 64 would also make changes to compensation and awards landowners could receive if the issue goes to court.
H.B. 197—Solar Development. Sponsored by Representatives Hoops (R-Napoleon) and Ray (R-Wadsworth), H.B. 197 would establish a the community solar pilot program and the solar development program. Under the language of the bill, a “community solar facility” is defined as a single facility with at least three subscribers and a nameplate capacity of 10 megawatts or less, or 20 megawatts or less if on a distressed site. Furthermore, the bill would require The Public Utilities Commission of Ohio (PUCO) to establish a Community Solar Pilot Program of 250 megawatts on sites in the Appalachian region of the state. The bill would also amend the state competitive retail electric service policy to encourage community solar facilities in the state and allow subscribers to community solar facilities to receive monthly electric bill offsets.
H.B. 324—Motor Fuel. Introduced by Representatives McClain (R-Upper Sandusky) and Klopfenstein (R-Haviland) in November of 2023, H.B. 324 passed the House on February 7, 2024 and was referred to the Senate Ways and Means Committee on February 27.
If passed, the bill would authorize a temporary, nonrefundable income or CAT tax credit of 5 cents per gallon for retail dealers who sell high-ethanol blend motor fuel containing between 15-85% ethanol. The tax credit would be limited to five years or to a total of $10 million, whichever occurs first.
H.B. 327—Employee Verification. H.B. 327, introduced by Representatives Wiggam (R-Wayne County), and Swearingen (R-Huron), had its first committee hearing in House Commerce & Labor on February 13, 2024. The bill would require political subdivisions, private employers employing 75 individuals within the state of Ohio, and nonresidential construction contractors to verify each new employee’s work eligibility through the federal E-verify program. E-Verify is an online program that helps employers verify employees’ eligibility for employment. If the bill were to pass, the employer would be required to keep a record of the verification for the duration of the employee’s employment, or three years, whichever is longer. During testimony on the bill, Representatives Wiggam and Swearingen indicated an interest in possibly lowering the employee threshold, citing Florida’s 25 employee threshold.
H.B. 347—Farming Equipment Taxes. This bill was introduced by Representative Don Jones (R-Freeport) and referred to the House Ways and Means Committee in early December of 2023. Since then, the bill has been heard in committee twice, once in January, and once in February, both times without testimony. The bill would change the way farmers claim a tax exemption on certain purchases.
Currently, when an Ohioan engaged in farming, agriculture, horticulture, or floriculture is buying a product for “agricultural use,” they must provide the seller with an exemption certificate. This certificate comes from the Ohio Department of Taxation and relieves the seller of the obligation to collect the sales tax on behalf of the state. However, the Department of Taxation can later determine that the purchase does not qualify for exemption, and then the farmer would be expected to pay the tax.
H.B. 347 would slightly alter this current way of doing things when it comes to the purchase of certain vehicles and trailers. Under the bill, the purchaser could receive an agricultural use exemption for taxes on these vehicles if the purchaser shows the seller copies of the purchaser’s Schedule F—the federal income tax profit of loss from farming form—for three most recent preceding years. Alternatively, a farmer could obtain a certificate from the Department of Taxation verifying that they have filed a Schedule F for three years in lieu of providing the forms directly to the seller. Notably, the bill states that “no other documentation or explanation shall be required by the vendor or the tax commissioner” to prove that the purchase qualifies for the agricultural use exemption.
The following vehicles and trailers would be included under the bill:
- Trailers, excluding watercraft trailers;
- Utility vehicles, (vehicles with a bed, principally for the purpose of transporting material or cargo in connection with construction, agricultural, forestry, grounds maintenance, land and garden, materials handling, or similar activities);
- All-purpose vehicles, (vehicles designed primarily for cross-country travel on land and water, or on multiple types of terrain, but excluding golf carts);
- Compact tractors (garden tractors, small utility tractors, and riding mowers).
H.B. 364—Seed Labeling; Noxious Weeds. Sponsored by Representatives Dobos (R-Columbus), and Klopfenstein (R-Haviland), H.B. 364 had its first hearing in the House Agriculture Committee on February 6, 2024. Specifically, the bill would allow the Ohio Prairie Association and other noncommercial entities sharing seeds to distribute milkweed seeds non-commercially to i members, with the intent of promoting habitats for pollinators like monarch butterflies.
The bill would legally define “non-commercial seed sharing” as the distribution or transfer of ownership of seeds with no compensation or remuneration. Also included in the definition are a list of situations that are not considered “non-commercial seed sharing,” including when:
- The seeds are given as compensation of work or services rendered;
- The seeds are collected outside of Ohio;
- The seeds are patented, treated, or contain noxious weed species or invasive plants.
H.B. 364 also includes a definition of “seed library,” which it defines as a non-profit, governmental, or cooperative organization or association to which both of the following apply:
- It is established for the purpose of facilitating the donation, exchange, preservation, and dissemination of seeds among the seed library’s members or the general public.
- The use, exchange, transfer, or possession of seeds acquired by or from the non-profit governmental, or cooperative organization or association are obtained free of charge.
The bill would further exempt non-commercial seed sharers and seed libraries from labeling, advertising, handling, and sales restrictions under Ohio law.
To further the goal of promoting pollinators and habitats, H.B. 364 would make changes to the requirements for maintaining toll roads, railroads, or electric railways. Current law requires managers of such thoroughfares to destroy a number of noxious weeds along the roadway or in right of ways. The bill would no longer require the destruction of Russian thistle, Canadian thistle, common thistle, wild lettuce, wild mustard, wild parsnip, ragweed, milkweed, or ironweed.
H.B. 447—Property Tax. Introduced on March 12, 2024 by Representative Loychik (R-Cortland), H.B. 447 was referred to the House Ways & Means Committee on April 2, 2024. The bill would modify and expand property tax homestead exemptions, gradually reduce school districts’ 20-mill floor for tax levies and modify the formula for determining farmland’s current agricultural use value (CAUV). The change to CAUV would involve the calculation of the overall capitalization rate for agricultural land. Current law does not establish a minimum rate, but the bill would do so by stating that overall capitalization rate plus additur shall not be less than 10 percent. Since a higher capitalization rate results in a lower CAUV value and because the current capitalization rate is around 8%, the change would likely lower CAUV values.
S.B. 156—Scenic Rivers. This bill, sponsored by Senators Reineke (R-Tiffin) and Hackett (R-London) passed the Ohio Senate on January 24, 2024, and was referred in the House to the Energy and Natural Resources Committee on February 6, 2024. The bill would transfer the Wild, Scenic, and Recreational Rivers Program from the Division of Parks and Watercraft to the Division of Natural Areas and Preserves (DNAP) in ODNR. The bill would narrow the scope DNAP’s authority to watercourses designated as wild, scenic, and recreational rivers. Currently, the law is written so that the regulatory agency has authority over areas. “Areas” encompass not just the water, but also the land surrounding rivers. On the other hand, “watercourses” are defined as “substantially natural channel[s] that [are] at least five miles in length with recognized banks and a bottom in which the flow or water occurs.” Thus, agency oversight would be diminished from the river and its surrounding area to just confines of the river itself.
The bill also clarifies that a watercourse designation does not affect private property rights adjacent to a designated river.
Finally, the bill would require DNAP to adopt rules for the use, visitation, and protection of scenic river lands and provide for the establishment of facilities and improvements that are necessary for their visitation, use, restoration, and protection, but do not impair their natural character.
S.B. 226—Agricultural Land. S.B. 226 was introduced by Senator Terry Johnson (R-McDermott) in late February and referred to the Veterans & Public Safety Committee on February 27, 2024. The bill would create the Ohio Property Protection Act, which would include protection of:
- Agricultural land, defined as “land suitable for use in agriculture,” including the water on the land, airspace above the land, and natural products and products from the land;
- Any land located within a twenty-five-mile radius of any installation under the jurisdiction of the United States Armed Forces;
- Any land located within a twenty-five radius of a critical infrastructure facility.
To protect property in the above categories, the bill would make it illegal for the following people and entities to acquire or purchase such property:
- Those persons and foreign adversaries listed on a registry compiled by the Ohio Secretary of State;
- A government of a foreign adversary;
- An individual who is a citizen of a foreign adversary;
- A business that is headquartered in a foreign adversary;
- A business that is directly or indirectly owned or controlled by one or more of the above persons and entities; and
- An agent, fiduciary, or trustee of the above persons and entities.
Tags: Ohio legislation, Ohio legislature, eminent domain, ethanol, solar, sales tax, foreign land ownership, cauv, property tax, scenic rivers
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A new year always brings new leadership appointments. Sometimes those appointments result in a change, but sometimes they bring back previous leaders. As we settle into 2023, we’re following what has changed and what remains the same and considering how leadership will impact agriculture in the coming year. Here’s a summary of what we’re seeing in the leadership landscape.
Ohio ODA and EPA. Here in Ohio, two of the agencies we commonly deal with will have new leaders. Governor DeWine has nominated Brian Baldridge to head the Ohio Department of Agriculture and Anne Vogel as director of the Ohio EPA. Baldridge is from a livestock and crop operation in Adams County, and previously served as a Representative, county commissioner, and township trustee. Vogel was previously DeWine’s Policy Director and Energy Advisor. She has a background in the energy industry and helped the governor establish the H2Ohio program.
Ohio General Assembly. A few leadership changes are also in place at the Ohio legislature. The House Speaker position has shifted to Rep. Jason Stephens (R-Kitt Hill) following a divisive race against Rep. Derek Merrin (R-Monclova Township) determined by Democrat support for Rep. Stephens. Rep. Allison Russo (D-Upper Arlington) is the new minority leader, replacing Emilia Sykes, recently elected to the U.S. House of Representatives. Sen. Matt Huffman (R-Lima) returns as the Senate President, joined by Sen. Nickie J. Antonia (D-Lakewood) in her new role as minority leader.
Ohio legislative committees. Most important to agriculture is the leadership of the House and Senate agriculture committees. On the House side, Rep. Rodney Creech (R-West Alexandria) will now chair the House Agriculture Committee after serving as the Vice Chair last session. The new Vice Chair is newly elected Rep. Roy Klopfenstein (R-Haviland). Both representatives have agricultural backgrounds; Rep. Creech resides on his family farm in Preble County and Rep. Klopfenstein farms with his family in Paulding County. Rep. Juanita Brent (D-Cleveland) returns for her second term on the committee and will be the minority leader. We await other committee member appointments.
The Senate Agriculture and Natural Resources Committee continues this session under the leadership of Tim Schaffer (R-Lancaster). The committee will have a new Vice Chair, Sen. Al Landis (R-Dover), serving in his first term as a senator after four terms in the House. Both have served on the Senate and House agriculture committees previously, but neither are from farm backgrounds. Paula Hicks-Hudson (D-Toledo) returns as the minority ranking member on the committee. Only two additional Senators have been appointed to the committee, Sen. Sandra O-Brien (R-Ashtabula), who was on the committee last session, and Sen. Shane Wilkin (R-Hillsboro), serving in his first term as a Senator after two terms in the House.
Congress. As with Ohio, the U.S. House of Representatives endured a divisive race for leadership. Rep. Kevin McCarthy (R-Calif.) eventually won the role of Speaker. Less controversial was the election of Rep. Hakeem Jeffries (D-NY) to the Democrat leadership position that Rep. Nancy Pelosi stepped away from after 20 years in that role. No changes occurred in the Senate, with Sen. Charles Schumer (D-NY) remaining as the Majority Leader and Sen. Mitch McConnell (R-KY) as the Minority Leader.
Congressional committees. Sen. Debbie Stabenow (D-MI) is the returning Chair of the Senate Agriculture, Nutrition & Forestry Committee and Rep. Glenn Thompson (R-PA), is the new Chair of the House Committee on Agriculture. Sen. John Boozman (R-AR) remains Ranking Member on the Senate side, and Rep. David Scott (D-GA) moves from Chair to Ranking Member on the House side. Ohioans that will serve on those committees include Sen. Sherrod Brown on the Senate committee and Representatives Max Miller and Shontel Brown on the House committee.
What to watch for?
A new Farm Bill will be the heavy lift for the agriculture committees in Congress. Major conflicts the committee leaders will have to navigate are expected to be debt reduction, climate programs, and the SNAP nutrition program. Despite the upcoming challenges, both committee leaders have promised to wrap up a Farm Bill by September.
Here in Ohio, the budget bill will take priority right away and will involve the new agency directors and legislature. One new ag-related budget item we might see is a proposal by Governor DeWine to increase the H2Ohio program with a “Rivers Initiative” that would address water quality in Ohio rivers.
In the legislature, we expect to see an eminent domain bill much like House Bill 698 that was introduced late last session. One of that bill’s sponsors was the newly appointed Chair of the House Agriculture Committee, Rep. Creech. The bill proposed streamlining the process for landowners who challenge compensation for land taken by eminent domain, increasing the burden of proof on an agency proposing a taking, expansion of attorney fee and expense rewards for landowners, and a prohibition on takings of land for recreational trails. There was also talk of the return of a “community solar” bill (H.B. 450) in the House, but both sponsors of that bill no longer serve in the House of Representatives.
What other changes might the new leadership bring? That’s always a tough question, but we’ll keep an eye out and let you know what we see as we continue into 2023.
Tags: Ohio department of agriculture, Ohio EPA, Ohio legislature, congress, farm bill
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As disruptive as 2020 was, the Ohio General Assembly persisted in working for Ohio citizens. On our blog we have been providing you with some in-depth analysis on key legislation passed by the previous General Assembly. Below you will find brief summaries on additional pieces of legislation passed by the Ohio Legislature in 2020.
House Bill 24 – Revising Humane Society Law
H.B. 24 seeks to improve accountability for humane societies and other organizations throughout the state – this includes: (1) requiring each county humane society to submit an annual report of enforcement activities to the county sheriff; (2) making records of an enforcement activity by a humane society agent a public record; (3) prohibiting a humane society from entering into an agreement not to prosecute unless a judge has reviewed and approved the agreement; (4) specifying the removal procedures of a humane society agent from office; and (5) asserting that a humane society agent is a public servant for the purposes of bribery law and therefore a humane society agent is subject to criminal prosecution for bribery.
H.B. 24 also expands the current law governing the seizure and impoundment of companion animals. Under H.B. 24, any animal can be seized and impounded when related to a violation of an animal cruelty law. However, written notice is required within 24 hours after the animal is seized and impounded.
Governor DeWine signed H.B. 24 into law on December 29, 2020 and it becomes effective on March 31, 2021.
House Bill 33 – Establishing Animal Abuse Reporting Requirements
H.B. 33 adds dog wardens, deputy dog wardens, or other persons appointed to act as an animal control officer to the list of professionals who must immediately report child abuse to a public services agency or peace officer.
H.B. 33 requires veterinarians and specified social service or counseling professionals to report abuse of a companion animal to a law enforcement officer, humane society agent, or other animal control-type professional. Law enforcement, humane society agents, and animal control-type professionals must report abuse of a companion animal, under certain circumstances, to the appropriate social service professional. Lastly, H.B. 33 grants immunity to those required to make an animal abuse report, from criminal or civil actions, so long as the report was made in good faith.
H.B. 33 goes into effect on April 12, 2021.
House Bill 67 – Veterinarian Student Debt Assistance Program
H.B. 67 creates a Veterinarian Student Debt Assistance Program which allows the State Veterinary Medical Licensing Board to agree to repay all or part of any educational loans taken out by a veterinarian while in veterinary college. Veterinarians must apply for the program and perform 12 or more hours of charitable veterinary services to be eligible. H.B. 67 goes into effect on April 12, 2021.
Senate Bill 21 – Benefit Corporations
S.B. 21 allows certain corporations to become benefit corporations. A benefit corporation is a corporation that includes a beneficial purpose in the corporation’s articles of incorporation. Under the new law, a beneficial purpose is defined as a “purpose to have a bona fide positive effect, or to reduce one or more bona fide negative effects, of an artistic, charitable, cultural, economic, educational, environmental, literary, medical, religious, scientific, or technological nature for the benefit of persons, entities, communities, or interests aside from shareholders.” A benefit corporation is still allowed to operate for other purposes that help make the corporation profitable and neither the beneficial purpose nor any other purpose of the corporation has priority over the other. Under the law, once a benefit corporation is established, the corporation is allowed to use “benefit” or “b-“ as a prefix. Examples of popular benefit corporations include Patagonia, Seventh Generation, TOMS, and Ben & Jerry’s.
S.B. 21 goes into effect March 24, 2021.
Senate Bill 276 – Updated Limited Liability Company Laws
S.B. 276 enacts the Ohio Revised Limited Liability Company Act (ORLLCA) and makes some major updates to Ohio’s LLC laws. While the Bill is expansive, the following are two major highlights from the legislation.
Under current law, an Ohio LLC may be managed by its members or by a manager. In different scenarios, the authority to bind the LLC by a member or manager may vary. The ORLLCA does away with the member/manager distinction and provides that a person’s authority to bind the LLC must be determined by referencing the operating agreement, decisions of the members in accordance with the operating agreement, or by the default rules laid out in the ORLLCA.
Another major change includes the creation of the series LLC. A series LLC consists of a “parent” LLC and separate subdivisions (or series). Under the ORLLCA, a “parent” LLC’s operating agreement may provide for the establishment of one or more designated series that has at least one member associated with each series and either (or both) of the following: (1) separate rights, powers, or duties with respect to each series; and/or (2) a separate purpose or investment objective.
Under the ORLLCA, the debts, obligations, liabilities of a series do not jeopardize the assets held by the “parent” LLC or any other series. However, this limitation only applies if: (1) the records maintained for that series account for the assets of that series separately from any other assets of the “parent” LLC or other series; (2) the “parent” LLC’s operating agreement contains a statement to the effect of the limitation; and (3) the “parent” LLC’s articles of organization contain a statement that the LLC may have one or more series of assets subject to this limitation. So long as the records of the series are maintained in a manner that the assets of the series can be reasonably identified, the protection is likely to apply.
The ORLLCA is set to take effect January 1, 2022.
The biennial budget remains the center of attention for members of the Ohio General Assembly, but some other bills have made progress since our last legislative update. We will post a separate blog post about the biennial budget soon, but for now here is a review of other legislative activity at the statehouse.
New legislation since our last legislative update
- Senate Bill 159, titled “Grant tax credits to assist beginning farmers.” This bill is essentially the same as House Bill 183, which seeks to provide tax incentives to beginning farmers along with those willing to help them build a farm operation. Introducing the bill in the Senate while the House considers another bill allows the process to potentially go more quickly. Instead of waiting on the House to complete all of its committee hearings and approve the bill, the Senate can start its own process.
- House Bill 223, titled “Alter setback-wind farms of 5 or more megawatts.” In 2014, the Ohio General Assembly modified the distance that wind turbines must be setback from an adjacent property line. House Bill 223 would modify the setback law to base the setback on the distance from the nearest habitable residential structure on a neighboring property instead of the property line. The setback requirement would affect future project certificates, as well as any amendments made to an existing certificate. Click HERE for more information about the bill from the Ohio General Assembly’s website.
Legislation that we continue to follow
Here’s a status update on bills we covered HERE in March and HERE in April. Access each bill’s webpage on the Ohio General Assembly website by clicking on the bill number in the following tables.
Legislation passed by the Senate and currently under consideration in the House
|
Category |
Bill No. |
Bill Title |
Status |
|
Hemp |
Decriminalize hemp and license hemp cultivator |
- Passed Senate - Passed House Ag & Natural Resources committee - Awaits vote of the full House of Representatives |
|
|
Regulations |
Reduce number of regulatory restrictions |
- Passed Senate - Referred to House State & Local Government Committee |
|
|
Business Law |
Allow corporation to become benefit corporation |
- Passed Senate - Referred to House Civil Justice Committee |
Legislation going through the committee process, but not yet passed in either chamber
|
Category |
Bill No. |
Bill Title |
Status |
|
Watershed Planning |
Create state watershed planning structure |
- Completed third hearing in Senate Ag & Natural Resources Committee |
|
|
Tax |
Allow tax credits to assist beginning farmers |
- Completed second hearing in House Ag & Rural Development Committee |
|
|
Estate Planning |
Abolish estate by dower |
- Completed third hearing in House Civil Justice Committee |
|
|
Animals |
Revise humane society law |
- Passed House Ag & Rural Development Committee - Awaits vote of the full House of Representatives |
|
|
Oil and Gas |
Require oil and gas royalty statements |
- Completed first hearing in House Energy & Natural Resources Committee |
|
|
Mineral Rights |
Revise requirements governing abandoned mineral rights |
- Completed first hearing in House Energy & Natural Resources Committee |
|
|
Energy |
Exempt Ohio from daylight savings time |
- Completed first hearing in Senate General Government and Agency Review Committee |
|
|
Local Gov’t |
Expand township authority-regulate noise in unincorporated areas |
- Completed second hearing in Senate Local Government, Public Safety, & Veterans Affairs Committee |
|
|
Property |
Change law relating to land installment contracts |
- Completed second hearing in House Civil Justice Committee |
|
|
Regulation of Alcohol |
Revise alcoholic ice cream law |
- Completed third hearing in House State & Local Government Committee |
|
|
Regulation of Alcohol |
Exempt small wineries from retail food establishment licensing |
- Completed first hearing in House Health Committee |
Legislation not on the move
These bills have not made much progress. The biggest action taken on each so far has been referring the bill to a committee, but no committee has yet to hold a hearing on any of the bills. Remember that we are in the middle of budget season, and only in the first six months of this legislative cycle, so the bills could still see activity later.
|
Category |
Bill No. |
Bill Title |
Status |
|
Animals |
Allow small livestock on residential property |
- Referred to House Ag & Rural Development Committee |
|
|
Animals |
Establish animal abuse reporting requirements |
- Referred to House Criminal Justice Committee |
|
|
Energy |
Prohibit homeowner associations placing limits on solar panels |
- Referred to House State & Local Government Committee |
|
|
Local Gov’t |
Create local government road improvement fund |
- Referred to House Finance Committee |
|
|
Local Gov’t |
Increase tax revenue allocated to the local government fund |
- Referred to House Ways & Means Committee |
|
|
Oil and Gas |
Ban taking oil or natural gas from bed of Lake Erie |
- Referred to House Energy & Natural Resources Committee |
|
|
Oil and Gas |
Revise oil and gas law about brine and well conversions |
- Referred to House Energy & Natural Resources Committee |
|
|
Regulation of Alcohol |
Promote use of Ohio agricultural goods in alcoholic beverages |
- Referred to House Ag & Rural Development Committee |
|
|
Tax |
Grant tax exemption for land used for commercial maple syruping |
- Referred to House Ways & Means Committee |
Tags: Ohio 133rd General Assembly, Ohio legislation, Ohio legislature
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We are full steam ahead in 2019, and so far we have held to our new year’s resolutions. However, we want to take a quick look in the rearview mirror. Ohio legislators passed a number of bills in 2018 that affect Ohio agriculture. They range from multi-parcel auction laws to broadband grants, and oil & gas tax exemptions to hunting licenses. Here are some highlights of bills that the Ohio General Assembly passed and former Governor Kasich signed in 2018.
- House Bill 500, titled “Change township law.” As mentioned in a previous blog post, the Ohio General Assembly made a number of generally minor changes to Ohio’s township laws with House Bill 500. The changes included, among other things, requiring a board of township trustees to select a chairperson annually, modifying how vacating township roads and name changes are carried out, allowing fees for appealing a zoning board decision, clarifying how a board can suspend a member of a zoning commission or board of appeals, and removing the requirement for limited home rule townships to submit a zoning amendment or resolution to a planning commission. To learn about more of the changes that were made, visit the Ohio General Assembly’s H.B. 500 webpage here.
- House Bill 480, titled “Establish requirements for multi-parcel auctions.” The Ohio Department of Agriculture regulates auctions, and H.B. 480 gave ODA authority to regulate a new classification of auctions: the multi-parcel auction. Revised Code § 4707.01(Q) will define these as “any auction of real or personal property in which multiple parcels or lots are offered for sale in various amalgamations, including as individual parcels or lots, combinations of parcels or lots, and all parcels or lots as a whole.” For more information, visit the Ohio General Assembly’s H.B. 480 webpage here.
- House Bill 522, titled “Allow outdoor refreshment area to include F permit holders.” A municipality or township may create a “designated outdoor refreshment area” where people may walk around the area with their opened beer or liquor. Previously, only holders of certain D-class permits (bars, restaurants, and clubs) and A-class permits (alcohol manufacturers) could allow their patrons to partake in a designated open area. H.B. 522 will allow holders of an F-class liquor permit to also allow their patrons to roam in the designated area with an open container. F-class liquor permits are for festival-type events of a short duration. However, holders of either permits D-6 (allowing Sunday sales) or D-8 (allowing sales of growlers of beer or of tasting samples) will no longer be eligible for the open container exception. For more information, visit the Ohio General Assembly’s H.B. 522 webpage, here.
- Senate Bill 51, titled “Facilitate Lake Erie shoreline improvement.” As mentioned in a previous blog post, the primary purpose of Senate Bill 51 was to add projects for Lake Erie shoreline improvement to the list of public improvements that may be financed by a special improvement district. S.B. 51 also instructed the Ohio Department of Agriculture (“ODA”) to establish programs to assist in phosphorous reduction in the Western Lake Erie Basin. This adds to the previous instructions given to ODA in S.B. 299 regarding the Soil and Water Phosphorous Program. S.B. 51 further provided funding for a number of projects, ranging from flood mitigation to MLS stadium construction. For more information, visit the Ohio General Assembly’s S.B. 51 webpage here.
- Senate Bill 299, titled “Finance projects for protection of Lake Erie and its basin.” Largely an appropriations bill to fund projects, S.B. 299 primarily targeted water quality projects and research. ODA received an additional $3.5 million to support county soil and water conservation districts in the Western Lake Erie Basin, plus $20 million to establish water quality programs under a Soil and Water Phosphorous Program. Further, the Ohio Department of Natural Resources (“ODNR”) received an additional $10 million to support projects that divert dredging materials from Lake Erie. Stone Laboratory, a sea grant research program, received an additional $2.65 million. The bill also created a mentorship program called OhioCorps, and set aside money for grants to promote broadband internet access. For more information, visit the Ohio General Assembly’s S.B. 299 webpage here.
- Senate Bill 257, titled “Changes to hunting and fishing laws.” ODNR may now offer multi-year and lifetime hunting and fishing licenses to Ohio residents under S.B. 257. Further, the bill creates a resident apprentice senior hunting license and an apprentice senior fur taker permit, and removes the statutory limits on the number of these permits a person may purchase. The bill also creates a permit for a Lake Erie Sport Fishing District, which may be issued to nonresidents to fish in the portions of Lake Erie and connected waters under Ohio’s control. For more information, visit the Ohio General Assembly’s S.B. 257 webpage here.
- House Bill 225, titled “Regards plugging idle or orphaned wells.” H.B. 225 creates a reporting system where a landowner may notify ODNR’s Division of Oil and Gas Resources about idle and orphaned oil or gas wells. Upon notification, the Division must inspect the well within 30 days. After the inspection, the Division must determine the priority for plugging the well, and may contract with a third party to plug the well. To fund this, the bill increases appropriations to the Oil and Gas Well Fund, and increases the portion of the fund that must go to plugging oil and gas wells. For more information, visit the Ohio General Assembly’s H.B. 225 webpage here.
- House Bill 430, titled “Expand sales tax exemption for oil and gas production property.” Certain goods and services directly used for oil and gas production have been exempted from sales and use taxes, and H.B. 430 clarifies what does and does not qualify for the exemption. Additionally, property used to control water pollution may qualify for the property, sales, and use tax exemptions if approved by ODNR as a qualifying property. H.B. 430 also extends the moratorium on licenses and transfers of licenses for fireworks manufacturers and wholesalers. For more information, visit the Ohio General Assembly’s H.B. 430 webpage here.
- Senate Bill 229, titled “Modify Board of Pharmacy and controlled substances laws.” The Farm Bill’s opening the door for industrial hemp at the federal level has led to a lot of conversations about controlled substances, which we addressed in a previous blog post. Once its changes take effect, Ohio’s S.B. 229 will remove the controlled substances schedules from the Ohio Revised Code, which involve the well-known numbering system of schedules I, II, III, IV, and V. Instead, the Ohio Board of Pharmacy will have rulemaking authority to create schedules and classify drugs and compounds. Prior to the removal of the schedules from the Revised Code, the Board of Pharmacy must create the new schedules by rule. S.B. 229 also mentions cannabidiols, and lists them as schedule V under the current system if the specific cannabidiol drug has approval from the Food and Drug Administration. For more information, visit the Ohio General Assembly’s S.B. 229 webpage here.
The end of 2018 effectively marked the end of the 132nd Ohio General Assembly, and 2019 marks the start of the 133rd Ohio General Assembly. Any pending bills from the 132nd General Assembly that were not passed will have to be reintroduced if legislators wish to proceed with those bills. Stay tuned to the Ag Law Blog for legal updates affecting agriculture from the Ohio General Assembly.
Tags: Ohio legislation, Ohio legislature, township law, Lake Erie, Ohio hunting law, hunting license, oil and gas law, cbd oil
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Senate President Larry Obhof and Speaker of the House Cliff Rosenberger have made committee assignments for the new session of Ohio’s 132nd General Assembly. While there are no major changes to committee structure or leadership, the committees contain many new members, including several legislators serving their first terms as legislators.
Sen. Cliff Hite (R-Findlay) will again chair the Senate’s Agriculture Committee, with newly elected Sen. Frank Hoagland (R-Mingo Junction) serving as vice chair and first Senate termer Sen. Sean O’Brien (D-Bazetta) appointed as the ranking minority member. O’Brien previously served three terms in the House of Representatives, which included a term on its Agriculture and Rural Development Committee.
- Returning from last session’s Agriculture Committee are Senators Bill Beagle (R-Tipp City), Bob Peterson (R-Washington Court House) and Michael Skindell (D-Lakewood).
- New to the committee are Senators Bob Hackett (R-London), previous House member Stephanie Kunze (R-Hilliard), Frank Larose (R-Hudson), Charleta Tavares (D-Columbus) and Joe Uecker (R-Miami Township).
Rep. Brian Hill (R-Zanesville) will again lead the House Agriculture and Rural Development Committee with Rep. Kyle Koehler (R-Springfield) serving as vice chair for the first time and Rep. John Patterson (D-Jefferson) returning as the ranking minority member.
- Representatives Jack Cera (D-Bellaire), Christina Hagan (R-Marlboro Township), Michael O’Brien (D-Warren), Bill Patmon (D-Cleveland), Jeff Rezabek (R-Clayton), Michael Sheehy (D-Toledo) and Andy Thompson (R-Marietta) will return to the committee.
- New to both the House of Representatives and the committee are Representatives Rick Carfagna (R-Genoa Township), Jay Edwards (R-Nelsonville), Darrell Kick (R-Loudonville), Scott Lipps (R-Franklin) and Dick Stein (R-Norwalk).
- New to the committee are Representatives Candice Keller (R-Middletown), David Leland (R-Columbus) and Derek Merrin (R-Monclova Township), along with Former Senate President Keith Faber (R-Celina).
Neither committee has a meeting scheduled at this time. Follow the committees' work in the new legislative session at https://www.legislature.ohio.gov/.
Tags: Ohio legislature, Ohio agriculture committees, Ohio General Assembly
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House Committee Sets Out to Address Water Quality
The 131st session of the Ohio General Assembly is underway with a few changes to the structure and leadership of the committees that address agriculture. In the House of Representatives, the previous Agriculture and Natural Resources Committee has been renamed as the Agriculture and Rural Development Committee. Natural resource issues, previously handled with agriculture under the old committee structure, will now go to a newly formed Energy and Natural Resources Committee. The committee modifications echo similar changes made last session in the Senate.
Brian Hill (R-Zanesville) will serve as the new chair of the House Agriculture and Rural Development Committee, with Tony Burkley (R-Payne) as vice chair and John Patterson (D-Jefferson) as the ranking minority member. Other committee members are Terry Boose (R-Clarksville), Jim Buchy (R-Greenville), Jack Cera (D-Bellaire), Christina Hagan (R-Marlboro Township), Steve Kraus (R-Sandusky), Sarah LaTourette (R-Bainbridge Township), Michael O’Brien (D-Warren), Sean J. O’Brien (D-Bazetta), Bill Patmon (D-Cleveland), Debbie Phillips (D-Albany), Wes Retherford (R-Hamilton ), Jeff Rezabek (R-Clayton), Margaret Ann Ruhl (R-Mt. Vernon), Tim Schaffer (R-Lancaster), Michael Sheehy (D-Oregon), Andy Thompson (R-Marietta), A. Nino Vitale (R-Urbana) and Paul Zeltwanger (R-Mason).
The House Agriculture and Rural Development committee will kick off its work with a prominent issue: water quality. Speaker Cliff Rosenberger has stated that water quality will be a priority issue that the House "needs to address and address quickly." Late last session, the House attemped to mitigate algal issues in Ohio lakes by passing legislation that would have affected applications of livestock manure and chemical fertilizers (HB 490). The legislation failed to pass the Ohio Senate and expired on December 31, 2014 with the end of the legislative session. This week, the House Agriculture and Rural Development Committee will revisit those issues when it meets off-site for a hearing at Cooper Farms in Van Wert to discuss water quality, nutrient management and agriculture. Expert witnesses in agriculture and watershed management will present testimony and address questions from the committee.
On the Senate side of the new legislative session, the Senate Agriculture Committee will continue under the leadership of Cliff Hite (R-Findlay), with vice chair Joe Uecker ((R–Miami Township) and ranking minority leader Lou Gentile (D-Steubenville). Other committee members are Bill Beagle (R–Tipp City), Dave Burke (R-Marysville), Capri S. Cafaro (D-Hubbard), Randy Gardner (R-Bowling Green), Gayle Manning (R-North Ridgeville), Bob Peterson (R-Sabina) and Michael J. Skindell (D-Lakewood). The Senate Agriculture Committee does not currently have any hearings on its schedule.
Tags: Ohio legislature, Ohio legislative committees, water quality
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