« Ind. Law - Still more on proposed "no more stringent" law | Main | Ind. Decisions - Billboard must meet city's setback order, says judge »

Tuesday, April 12, 2005

Environment - Two economic development bills awaiting Governor's signature

Among the bills awaiting Governor Daniels' signature are two relating to the environment/economic development:

House Bill 1653 creates a "shovel ready site development center" within the Indiana Development Finance Authority (IC 4-4-11), which is a quasi-public entity.

Senate Bill 267 deals with "agricultural nuisances" by amending IC 30-32-9, an agricultural nuisance law passed in 2002. Section 9(d) of that current law provides:

d) An agricultural or industrial operation or any of its appurtenances is not and does not become a nuisance, private or public, by any changed conditions in the vicinity of the locality after the agricultural or industrial operation, as the case may be, has been in operation continuously on the locality for more than one (1) year if:
(1) there is no significant change in the hours of operation;
(2) there is no significant change in the type of operation; and
(3) the operation would not have been a nuisance at the time the agricultural or industrial operation began on that locality.
Senate Bill 267 would further narrow the definition of public or private nuisance by changing the current provision to read (emphasis added):
(d) An agricultural or industrial operation or any of its appurtenances is not and does not become a nuisance, private or public, by any changed conditions in the vicinity of the locality after the agricultural or industrial operation, as the case may be, has been in operation continuously on the locality for more than one (1) year if the following conditions exist:
(1) There is no significant change in the type of operation. A significant change in the type of agricultural operation does not include the following:
(A) The conversion from one type of agricultural operation to another type of agricultural operation.
(B) A change in the ownership or size of the agricultural operation.
(C) The:
(i) enrollment; or
(ii) reduction or cessation of participation;
of the agricultural operation in a government program.

(D) Adoption of new technology by the agricultural operation.

(2) The operation would not have been a nuisance at the time the agricultural or industrial operation began on that locality.

Posted by Marcia Oddi on April 12, 2005 06:32 AM
Posted to Environment | Indiana economic development