Ohio Ag Law Blog -- Ohio legislation on the move
By:Evin Bachelor, Law Fellow, Agricultural and Resource Law Program Monday, June 10th, 2019
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 |
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