Senate passes toxic-algae bill with manure-spreading limits

First Posted: 2/19/2015

COLUMBUS — The Ohio Senate voted unanimously yesterday for new regulations aimed at reducing the phosphorus runoff from farmland that is a key contributor to toxic-algae blooms in Lake Erie.

Those algae blooms got so bad last summer that they choked off Toledo’s water supply for two days.

“Saving Lake Erie requires a new sense of urgency equal to the value Lake Erie provides to Ohio and the nation,” said Sen. Randy Gardner, R-Bowling Green.

Senate Bill 1 prohibits the spreading of manure on northwestern Ohio fields that are frozen or saturated with water, or if the weather forecast says the chance of 1 inch of rain over the next 12 hours is greater than 50 percent.

Some argue that the forecast protection covers only manure, not fertilizer, as was originally proposed.

Manure still can be applied under a handful of exceptions, such as if it is injected into the ground or it is incorporated into the soil within 48 hours.

Under the bill, the prohibitions on manure spreading would end after five years unless agriculture committees in the House and Senate jointly recommend continuing them. That sunset provision has drawn criticism from Democrats and environmental groups, who say it is unnecessary.

Sen. Lou Gentile, D-Steubenville, said everyone is committed to clean drinking water.

“Some of us think there are parts of this that can go further,” he said. “We recognize new technologies will come online in the next several years, and a review is important. But some of us feel a firm sunset like this would undermine the intent of the legislation.”

However, Senate President Keith Faber, R-Celina, said he doubts the sunset provision will remain in the bill as it moves through the House, which has proposed a separate algae bill.

The Senate bill also would limit open-lake disposal of dredged material in Lake Erie and require public water-treatment facilities to monitor phosphorus levels monthly.

The bill includes an emergency clause, meaning it would take effect as soon as it is signed into law.

Meanwhile, the House voted 92-1 for a bill that would prohibit the sale of powdered alcohol. It’s intended to prevent a problem if the federal government authorizes sale of the product in the future. The powder can be mixed with water to create alcoholic drinks.

Supporters say powdered alcohol could lead to increased access for underage drinkers.

They also argue that it would be difficult to know how much alcohol is in a drink before it is ingested.

House Bill 14 now goes to the Senate.