OABA Engaged in Nutrient Management Legislation

By Chris Henney, OABA President and CEO

The state legislature is a flurry of activity right now. While most of the state is watching the biennium budget unfold, many folks are also watching a few water quality-focused bills that are working their way through the chambers. Specifically, SB 1 and HB 61 are focused on limiting the application of nutrients on frozen, snow covered and saturated ground. We shared in a previous News and Notes my testimony before the Ohio House Agriculture and Rural Development Committee on the 4R Nutrient Stewardship Certification program (click here to read it). This voluntary program is a nationally recognized partnership that is driving change in the Western Lake Erie Basin, and we believe it could be a model if government regulation is required.

I’ve also had numerous meetings with House and Senate members, particularly the bill sponsors, to reinforce OABA’s position on the issue and share the positive improvements we are making with our voluntary program. All this work is making a difference! The Senate, prior to voting SB 1 out of its chamber, incorporated many of the changes OABA has lobbied for over the past few weeks, including a very important change to the forecasted rainfall provision. OABA supports a limit on application if the forecast calls for a 50 percent or greater chance of precipitation of 1 inch or more in a 12-hour period, compared to the original language of ½ inch of rain in 24 hours.

The current version of Senate Bill 1 does the following:

The bill bans the application of fertilizer and manure:

• On snow-covered or frozen soil

• When the top 2 inches of the soil are saturated from precipitation

• When the weather forecast calls for a 50 percent or greater chance of precipitation of 1 inch or more in a 12-hour period (½ inch of rain in 24 hours for manure)

Exemptions to fertilizer application restrictions:

• If injected into the ground

• If incorporated within 48 hours

• If applied on a growing crop

Additional Bill Details:

• Only applies to the Western Lake Erie Basin (Click here for the map)

• Fertilizer is defined as nitrogen and phosphorous

• Bans disposal of dredge material into Lake Erie in Maumee Bay after July 1, 2020

• New monitoring requirements for water treatment facilities

• Certain water treatment facilities must complete and submit an optimization study that evaluates their ability to reduce phosphorous

While we are pleased with many of the SB 1 provisions, the bill is now on its way to the House where they will have the opportunity to make their own changes. The House also has their own version of the bill, HB 61, which while conceptually the same, has many details we believe need changed. We are working to get the House version to more closely mirror the nutrient management provisions of the Senate bill. Just as OABA and the agricultural community is lobbying for change, so are other interested parties. We have significant work ahead of us still to implement the positive regulations in the Senate bill and to convince the House to make changes of their own.

We’ll continue to keep the membership abreast of this important legislation. In the meantime, if you have questions or concerns, please don’t hesitate to contact me at chenney@oaba.net or 614-326-7520 Ext. 2.