S. B. No. 78 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

S. B. No. 78

Senator Grendell

Cosponsor: Senator Mumper

A BILL

To create the Great Lakes-St. Lawrence River Basin 1
Water Resources Compact Task Force for the purpose 2
of determining whether Ohio should enter into the 3
Great Lakes-St. Lawrence River Basin Water 4
Resources Compact. 5

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. (A) There is hereby created the Great Lakes-St. 6
Lawrence River Basin Water Resources Compact Task Force consisting 7
of both voting and nonvoting members. 8

        (B) The voting members of the Task Force shall consist of the 9
following: 10

       (1) Five members of the Senate appointed by the President of 11
the Senate, two of whom shall be from the minority party. In 12
appointing members from the minority party, the President of the 13
Senate shall consult with the Minority Leader of the Senate. The 14
President of the Senate shall designate one member of the Senate 15
who has been appointed to the Task Force as co-chairperson of the 16
Task Force. 17

        (2) Five members of the House of Representatives appointed by 18
the Speaker of the House of Representatives, two of whom shall be 19
from the minority party. In appointing members from the minority 20
party, the Speaker of the House of Representatives shall consult 21
with the Minority Leader of the House of Representatives. The 22
Speaker of the House of Representatives shall designate one member 23
of the House of Representatives who has been appointed to the Task 24
Force as co-chairperson of the Task Force. 25

        (C) The nonvoting members of the Task force shall consist of 26
all of the following: 27

       (1) The Director of Natural Resources or the Director's 28
designee; 29

       (2) The Director of Environmental Protection or the 30
Director's designee; 31

       (3) The Director of Development or the Director's designee; 32

       (4) The following members appointed by the Governor: 33

       (a) One representative of a statewide environmental advocacy 34
organization; 35

       (b) One representative of a local environmental advocacy 36
organization in the Lake Erie Basin; 37

       (c) One representative of a local government in the Lake Erie 38
Basin. 39

       (5) The following members appointed by the President of the 40
Senate: 41

       (a) One representative of the bottled water industry; 42

       (b) One representative of a private property rights advocacy 43
organization located within the Lake Erie Basin; 44

       (c) One representative of agricultural interests in the Lake 45
Erie Basin; 46

       (d) One representative of the aggregates industry; 47

       (e) One representative of the pulp and paper industry; 48

       (f) One representative of a large manufacturer with a 49
facility located within the Lake Erie Basin; 50

       (g) One member of the public. 51

       (6) The following members appointed by the Speaker of the 52
House of Representatives: 53

       (a) One representative of a municipal government in the Lake 54
Erie Basin; 55

       (b) One expert in hydrogeology from the faculty or staff of 56
an Ohio college or university; 57

       (c) One representative of a locally based organization in the 58
Lake Erie Basin that assists in the development and implementation 59
of a plan for the protection and management of surface and ground 60
water resources in a watershed; 61

       (d) One representative of residential developers; 62

       (e) One representative of the chemical industry; 63

       (f) One representative of the petroleum industry with a 64
facility located within the Lake Erie Basin; 65

       (g) One attorney who has demonstrated excellence in contract 66
law and who has experience in multi-state compacts. 67

       (D) All appointments shall be made to the Task Force not 68
later than thirty days after the effective date of this section. 69
The Task Force shall meet on a regular basis. Vacancies on the 70
Task Force shall be filled in the manner provided for original 71
appointments. Members of the Task Force shall receive no 72
compensation for serving on the Task Force. All meetings of the 73
Task Force shall be open to the public. 74

       (E) The Legislative Service Commission shall provide staffing 75
and technical assistance to the Task Force. 76

       (F) The Task Force shall conduct hearings and take testimony 77
from the public and from persons with expertise in matters before 78
the Task Force regarding the propriety of Ohio's entering into the 79
Great Lakes-St. Lawrence River Basin Water Resources Compact. In 80
making that determination, the Task Force shall consider all of 81
the following: 82

       (1) The feasibility of making changes to the Compact; 83

        (2) The effectiveness of any intent language that the General 84
Assembly may include with the enactment of the Compact or in 85
enabling legislation; 86

       (3) The impact of the Compact on private property rights, 87
including, but not limited to, rights to use ground water; 88

        (4) Whether the Equal Protection Clause of the United States 89
Constitution will necessitate the expansion of the application of 90
the standards and requirements established under the Compact 91
beyond the Lake Erie Basin to the entire state of Ohio; 92

        (5) The potential impact that the Compact will have on 93
business and economic development in Ohio; 94

        (6) Whether the primary goals of the Compact may be 95
accomplished by means other than the Compact; 96

        (7) Whether any effort to enter into the Compact should be 97
contingent on the Compact's becoming effective within a certain 98
time period; 99

        (8) The ability of Congress to alter interstate compacts; and 100

        (9) Whether any necessary enabling legislation should be 101
enacted prior to, concurrently with, or after the ratification of 102
the Compact. 103

       (G) The Task Force shall issue a report of its findings and 104
make recommendations to the General Assembly not later than 105
October 31, 2007. Upon the issuance of the report and 106
recommendations, the Task Force shall cease to exist. 107

Section 1. (A) There is hereby created the Great Lakes-St.	6
Lawrence River Basin Water Resources Compact Task Force consisting	7
of both voting and nonvoting members.	8

(B) The voting members of the Task Force shall consist of the	9
following:	10

(1) Five members of the Senate appointed by the President of	11
the Senate, two of whom shall be from the minority party. In	12
appointing members from the minority party, the President of the	13
Senate shall consult with the Minority Leader of the Senate. The	14
President of the Senate shall designate one member of the Senate	15
who has been appointed to the Task Force as co-chairperson of the	16
Task Force.	17

(2) Five members of the House of Representatives appointed by	18
the Speaker of the House of Representatives, two of whom shall be	19
from the minority party. In appointing members from the minority	20
party, the Speaker of the House of Representatives shall consult	21
with the Minority Leader of the House of Representatives. The	22
Speaker of the House of Representatives shall designate one member	23
of the House of Representatives who has been appointed to the Task	24
Force as co-chairperson of the Task Force.	25

(C) The nonvoting members of the Task force shall consist of	26
all of the following:	27

(1) The Director of Natural Resources or the Director's	28
designee;	29

(2) The Director of Environmental Protection or the	30
Director's designee;	31

(a) One representative of a statewide environmental advocacy	34
organization;	35

(b) One representative of a local environmental advocacy	36
organization in the Lake Erie Basin;	37

(c) One representative of a local government in the Lake Erie	38
Basin.	39

(5) The following members appointed by the President of the	40
Senate:	41

(b) One representative of a private property rights advocacy	43
organization located within the Lake Erie Basin;	44

(c) One representative of agricultural interests in the Lake	45
Erie Basin;	46

(f) One representative of a large manufacturer with a	49
facility located within the Lake Erie Basin;	50

(6) The following members appointed by the Speaker of the	52
House of Representatives:	53

(a) One representative of a municipal government in the Lake	54
Erie Basin;	55

(b) One expert in hydrogeology from the faculty or staff of	56
an Ohio college or university;	57

(c) One representative of a locally based organization in the	58
Lake Erie Basin that assists in the development and implementation	59
of a plan for the protection and management of surface and ground	60
water resources in a watershed;	61

(f) One representative of the petroleum industry with a	64
facility located within the Lake Erie Basin;	65

(g) One attorney who has demonstrated excellence in contract	66
law and who has experience in multi-state compacts.	67

(D) All appointments shall be made to the Task Force not	68
later than thirty days after the effective date of this section.	69
The Task Force shall meet on a regular basis. Vacancies on the	70
Task Force shall be filled in the manner provided for original	71
appointments. Members of the Task Force shall receive no	72
compensation for serving on the Task Force. All meetings of the	73
Task Force shall be open to the public.	74

(E) The Legislative Service Commission shall provide staffing	75
and technical assistance to the Task Force.	76

(F) The Task Force shall conduct hearings and take testimony	77
from the public and from persons with expertise in matters before	78
the Task Force regarding the propriety of Ohio's entering into the	79
Great Lakes-St. Lawrence River Basin Water Resources Compact. In	80
making that determination, the Task Force shall consider all of	81
the following:	82

(2) The effectiveness of any intent language that the General	84
Assembly may include with the enactment of the Compact or in	85
enabling legislation;	86

(3) The impact of the Compact on private property rights,	87
including, but not limited to, rights to use ground water;	88

(4) Whether the Equal Protection Clause of the United States	89
Constitution will necessitate the expansion of the application of	90
the standards and requirements established under the Compact	91
beyond the Lake Erie Basin to the entire state of Ohio;	92

(5) The potential impact that the Compact will have on	93
business and economic development in Ohio;	94

(6) Whether the primary goals of the Compact may be	95
accomplished by means other than the Compact;	96

(7) Whether any effort to enter into the Compact should be	97
contingent on the Compact's becoming effective within a certain	98
time period;	99

(9) Whether any necessary enabling legislation should be	101
enacted prior to, concurrently with, or after the ratification of	102
the Compact.	103