« Ind. Gov't. - State preemption of local bans on short term rentals eligible for vote again today | Main | Ind. Decisions - Rare written dissent filed in denial of petition to transfer »

Thursday, February 09, 2017

Ind. Gov't - House today overrides two bills vetoed last year by Gov. Pence

Because this is important, the ILB is reprinting its post from March 24, 2016:

Here are the Governor's press statements, which include his veto message, which sometimes can otherwise be hard to locate:

  • Governor Pence Vetoes Bill That May Lessen Ability to Maintain Clean and Safe Drinking Water

    Indianapolis – Governor Mike Pence today vetoed House Enrolled Act 1082, known as the "no more stringent" bill, which would have prevented environmental standards or rules put forth by the Indiana Department of Environmental Management that impose a restriction or requirement more stringent than federal law from going into effect until after adjournment sine die of the next General Assembly.

    “In recent months, public concern over clean and safe drinking water has grown as a result of the situation in Flint, Michigan,” said Governor Pence. “Our Indiana Department of Environmental Management is vigilant about requiring regular testing of water systems across the state for lead and working with any systems that are out of compliance to implement plans that will return the water to safe levels. IDEM must have the necessary flexibility to take action to protect Hoosiers. House Enrolled Act 1082 restricts IDEM’s ability to act and imposes unnecessary delay in its rulemaking process. At a time when we must do all that we can to enhance public trust in the agencies charged with protecting our environment, this bill moves in the wrong direction and will therefore receive my veto. With this veto, Hoosiers can be assured that we will continue to have the necessary discretion and flexibility to create Indiana solutions at the state level and act in a timely way to protect our drinking water.”

    Background: Every six months, IDEM requires Indiana’s 1,369 drinking water systems to sample and test water for lead and copper, both at the treatment facility and at the tap. Results must be submitted to IDEM. IDEM standards also require that a system that switches sources of water to sample before distributing the water to assess treatment that will ensure safe and clean water. Water systems can treat the water with phosphorus to eliminate corrosiveness.

    If more than 10 percent of results show greater than 15 parts per billion (ppb) for lead, IDEM issues a Lead Exceedance Letter that requires the system to formulate and implement a plan to reduce lead levels and do the following:

    • Notify the public by newspaper and in the water bill or separate mailing to all users within 30 days.
    • Educate the public about sources of lead, what the system is doing to reduce lead levels and steps that can be taken to reduce the possibility of ingesting lead by running cold water at their taps before use.
    • Treat the water to reduce its corrosive characteristics.
    • Add chemicals that coat the pipes to help prevent further corrosion.
    • Replace lead distribution lines if necessary.
    IDEM inspectors work closely with communities to help them return to compliance and oversees implementation of their plans.
  • Governor Pence Vetoes Bill That Would Limit Transparency at Private Universities

    Indianapolis – Governor Mike Pence today vetoed House Enrolled Act 1022, which provides that certain records of a private university police department relating to arrests for criminal offenses are public records and that an educational institution, a governing board of an institution, a delegated office or governing board, or an individual employed by an educational institution as a police officer have the same immunities of the state or state police officers. The bill would have allowed private universities’ police departments to have different standards for public records than public police departments.

    “Throughout my public career, I have long believed in the public’s right to know and a free and independent press. Limiting access to police records in a situation where private university police departments perform a government function is a disservice to the public and an unnecessary barrier to transparency. While House Enrolled Act 1022 provides for limited disclosure of records from private university police departments, it would limit the application of the Access to Public Records Act following the Court of Appeals decision and result in less disclosure, therefore I have decided to veto the bill. Hoosiers may be assured that my administration will always be vigilant to preserve government accountability and the public’s right to know.” –Governor Mike Pence

    On March 15, 2016, the Court of Appeals of Indiana ruled in ESPN v. University of Notre Dame that Notre Dame’s police department is a “public agency” not a private entity under the Indiana Access to Public Records Act (APRA) and as such is subject to APRA requirements to produce certain documents unless otherwise protected from disclosure by APRA.

Posted by Marcia Oddi on February 9, 2017 11:52 AM
Posted to Indiana Government