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Statehouse Update

April 6, 2018

Monday, March 26, 2018

RULE ON LEAD PIPES DRAW CONCERNS BEFORE JCARR

Rule changes pertaining to lead in water systems and the Medicaid behavioral health redesign drew concerns

Monday from stakeholders appearing before the Joint Committee on Agency Rule Review.

But members of JCARR ultimately declined to hold up any of the rules packages, or any of the host of other provisions

slated for potential changes.

Todd Danielson, chief utilities executive for Avon Lake Regional Water, expressed concerns with a proposal from the

Ohio Environmental Protection Agency. It would require public water systems to offer water filters to homes while

nearby lead pipes are replaced.

OEPA Director Craig Butler, who testified in the rules' defense, said the changes are aimed at complying with past

legislation to strengthen lead and copper water testing (HB512, 131st General Assembly)

But Mr. Danielson argued that requiring systems to provide that option would result in substantial cost to systems and

conflicts with the legislative intent of that bill and would have an adverse impact on businesses.

"Our issue is (the rule) goes well past the point of diminishing returns," Mr. Danielson said. "So therefore, it's likely to cost

the citizens and businesses in Ohio hundreds of millions of dollars potentially."

Mr. Butler, however, told members the agency engaged in an "extensive" rulemaking process soliciting feedback

from stakeholders. He said the agency has agreed to delay certain requirements of the rules until Oct. 1 to continue

engaging concerned parties.

"We believe the rule package before you today in its entirety reflects legislative intent and is within statutory authority

of HB512 and Revised Code...and that the agency has justified the impact on business in a complete and accurate

fiscal analysis," Mr. Butler said.

Still, Mr. Butler was unable to provide an exact cost estimate for the proposal, in part due to the prospect that not all

impacted homeowners are likely to take the agency up on the offered filters.

The agency's fiscal analysis states that costs associated with compliance include but aren't limited to about $2,500-

$5,500 per lead service line replacement. There's no indication how many replacement lines are needed across the

state, Mr. Butler said.

Rep. Mike Duffey (R-Worthington) expressed frustration with the OEPA and the answers it submitted to JCARR

regarding the proposal. In addition to the lack of a firm fiscal analysis, Rep. Duffey raised concerns that the agency,

in response to a question asking the agency to list all stakeholders who were engaged in discussion, wrote that the list

of stakeholders is available upon request.

"Why does the agency think that is compliant with the law?" Rep. Duffey asked. "When the question is to provide

information X, your response cannot legally be we'll provide it if requested ,because it has been requested."

As far as Mr. Danielson's larger concerns, JCARR Chairman Sen. Joe Uecker (R-Loveland) told Mr. Danielson his view is

that the OEPA has "broad authority" to take steps such as those provided in the proposals.

Wind Turbines: Columbus attorney Terrence O'Donnell, who lobbies for the American Wind Energy Association,

expressed support for a pair of rules from the Power Siting Board which create operating requirements for wind farms.

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The rules specify requirements for construction, location, maintenance, safety, aesthetics and other subjects.

"While we are not certainly in love with every single requirement, we believe it's a balanced package and allows

responsible development going forward," Mr. O'Donnell said. "We believe the industry really needs this regulatory

certainty providing in this rules package."

That's seemingly in response to concerns raised at the agency level by an attorney representing Greenwich

Neighbors United, who opposed the rule change.

GOVERNOR REQUESTS DISASTER ASSISTANCE FOR OHIO RIVER FLOODING

Gov. John Kasich on Monday requested President Donald Trump make a major disaster declaration after February

rains resulted in largescale flooding along the Ohio River.

In his letter to the president and FEMA DIRECTOR, Gov. Kasich pegs the damages to county, village and township

roads, bridges and public buildings in the neighborhood of $44 million along with another $20 million in damages to

state highways.

Those figures are according to a preliminary joint damage assessment compiled by FEMA, state and local agencies.

"The greatest impact from this incident is damage to critical infrastructure, such as roads, bridges and public

buildings," Gov. Kasich said in his letter. "There are reports of hundreds of road washouts. Some of these projects will

require extensive engineering and design before construction can even begin, resulting in prolonged road closures,

extensive detours and dangerous traveling conditions."

The governor's request for federal assistance is for the following counties: Adams, Athens, Belmont, Brown, Clermont,

Columbiana, Gallia, Hamilton, Hocking, Jackson, Lawrence, Meigs, Monroe, Noble, Muskingum, Perry, Pike, Scioto,

Vinton and Washington.

The request specifically covers flooding, landslides, severe storms and tornadoes between Feb. 14-25. Gov. Kasich

has previously issued his own emergency proclamation Feb. 24 for those counties.

Tuesday, March 27, 2018

TRI-STATE SHALE COALITION EXTENDED AS KASICH TOUTS OIL AND GAS PRODUCTION GROWTH

Governors of Ohio and two neighboring states are trumpeting the benefits of an ongoing tristate collaboration to

maximize the use of shared shale resources.

Gov. John Kasich and his counterparts in Pennsylvania and West Virginia announced they have extended a three-

year coordinated effort to support shale development. The agreement is now set to renew annually until Dec. 31,

2021.

The announcement from Gov. Kasich's office said the continued partnership will enable the coalition "to continue

efforts to maximize growth in the shale gas region and collaborate on areas critical to the success of the growing

industry."

"Shale oil and gas doesn't stop at state boundaries," Kasich spokesman Jon Keeling said. "Maximizing that resource

requires continued cooperation with our neighboring states. We look forward to utilizing those relationships to benefit

Ohio's, and the entire region's, economy."

The three state governments originally signed the agreement in 2015 at a summit in Morgantown, W. Va., forming

what they dubbed the Tri-State Shale Coalition. Lt. Gov. Mary Taylor represented Gov. Kasich in signing the initial

agreement, which was to expire this year.

Since entering the compact, Gov. Kasich's office said horizontal wells in Ohio have produced an average of 19.2

million barrels of oil and 1.36 trillion cubic feet of natural gas. That's a 275.5% and 619.4% increase respectively from

the three-year average before the agreement. Natural gas production has increased each year since 2014, the

office added.

Pennsylvania Gov. Tom Wolf and West Virginia Gov. Jim Justice each praised the extension in statements outlining its

impact on their respective states.

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Gov. Wolf said the partnership has led to "significant progress" in the areas of commonly shared infrastructure,

workforce, marketing and research.

"We have a unique proposition: abundant and low-cost feedstock for petrochemical and plastics manufacturing, all

within the same geographic footprint," he said. "I'm proud to continue our successful collaboration with Ohio and

West Virginia to ensure that we are doing everything we can to support additional development - and the jobs and

economic growth that go with it - in a region with an unprecedented natural resource."

Gov. Justice said it's key the states continue working in tandem as they seek to promote the region "as a center for

shale-related manufacturing." The partnership has also led to annual Tri-State Shale summits where government,

educational and industry leaders join to share information and strategize on best practices, he said.

"Shale gas presents an opportunity to spur economic growth beyond the wellhead," he said. "We are working to

attract investors and downstream partners. We are encouraging chemicals and plastics manufacturers to come

here, stay here and grow here with us in the Appalachian region."

The partnership may also assist in attracting petrochemical plants in the region. A study this month by IHS Markit

determined it is nearly five times more cost effective to build such plants in the Mid-Ohio Valley rather than along the

Gulf Coast.

PTT Global and Daelim are expected to decide this year on whether to move forward with a potential $10 billion

ethane cracker in Belmont County. That's in addition to ongoing efforts by Royal Dutch Shell to complete its own

cracker in Beaver County, Penn.

The Ohio Oil and Gas Association in a statement touted the study and highlighted why the industry should remain a

priority for the three-state region.

"Eastern Ohio and our natural resource rich region, combined with Pennsylvania and West Virginia, provide access to

some of the lowest natural gas prices in the developed world from the Marcellus and Utica Shale formations," OOGA

said in a statement.

"Natural gas from Ohio producers is the feedstock to ethylene projects, and will provide the basis of raw material for

manufactured consumer goods. The Ohio Oil and Gas Association will continue to advocate for smart regulations

and sensible tax policy so that the value of this region's natural resources continue to be explored and produced and

the long-term economic benefits are kept within our region."

WAYNE NATIONAL FOREST FRACKING DEBATE CONTINUES IN WAKE OF LATEST AUCTION

Environmental groups are raising the alarm again after the latest round of auctions that opened up another 345-acre

swath of Wayne National Forest for oil and gas production.

But pro-industry groups at the same time accused those groups of resorting to "fearmongering" in a bid to stall

fracking efforts in the state of Ohio.

The barbs traded in recent days between the two sides are the latest as stakeholders continue debating the U.S.

Bureau of Land Management's move in recent years to auction off up to 40,000 acres of the forest's Marietta Unit to

oil and gas leasing.

Ohio environmental groups, which have joined forces to file several administrative protests and lawsuits in an effort to

halt recent auctions, accused the bureau of performing only "a cursory review that avoids site-specific analysis of

potential harm."

"The Bureau of Land Management is unlawfully cutting corners in its push to develop the Wayne. Our protest filing is

intended to rein in the agency," said Nathan Johnson, attorney for the Ohio Environmental Council. "The Wayne is

one of Ohio's finest natural treasures, plain and simple. It deserves to be protected from heavy industrial

development."

Other groups joining the OEC to issue statements opposing the latest auction include the Center for Biological

Diversity, the Sierra Club, Keep Wayne Wild, the Buckeye Environmental Network and the Athens County Fracking

Action Network.

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But industry groups and their supporters continued pushing back against those claims. Among them are Landowners

for Energy Access and Safe Exploration - or LEASE.

In a statement, LEASE founder Rebecca Clutter said the 1,275 producing wells already in place have proven that

fracking can be done in a safe manner within the forest's boundaries.

Opposition groups "are out of touch with the needs of Ohioans and it shows in their fearmongering and

misinformation campaigns as well as the burdens their failed litigation and protests place on landowners and

taxpayers," Ms. Clutter said.

She also pointed to the bureau's 2016 environmental assessment that determined fracking would cause "no

significant impact" to the forest. Environmental groups have questioned that finding.

As the debate continues, stakeholder meetings across Ohio have already begun over the U.S. Forest Service's move

to revise its land-management plan for Wayne. The agency announced in February it would revisit the plan.

Groups on both sides of the fracking debate have already signaled the will try to curb or expand oil and gas activity

through the revision process.

Stakeholder meetings for the agency to gather feedback have already taken place in Jackson and Athens, with

others meetings set in the coming weeks. The formal revision process is slated to begin in April.

Wednesday, March 28, 2018

ADDITION OF CENSUS CITIZENSHIP QUESTION TRIGGERS OHIO DEBATE, LAWSUIT THREATS

The U.S. Department of Commerce's announcement that it will include a question about citizenship status in the 2020

census is drawing outrage in some quarters and applause in others.

Commerce Secretary Wilbur Ross said in a memo the Department of Justice requested the addition to enable better

enforcement of the Voting Rights Act.

"The Department of Commerce is not able to determine definitively how inclusion of a citizenship question on the

decennial census will impact responsiveness," he wrote. "However, even if there is some impact on responses, the

value of more complete and accurate data derived from surveying the entire population outweighs such concerns."

Commerce said that from 1820-1950 nearly every decennial census asked a question about citizenship in some form.

The Cleveland-based Center for Community Solutions said the census already asks about place of birth, country of

origin and when an immigrant came to America.

"Asking about legal status would be overly intrusive, and could lead some households to provide false answers which

would jeopardize the quality and usefulness of all of the data," Associate Director Emily Campbell wrote.

"The Census Bureau reported 'unprecedented' levels of concern from focus group participants about

the confidentiality of data they provide," she continued. "There is the danger that traditionally

marginalized populations will be less likely to participate in the census, causing undercounts of certain

racial and ethnic groups, people with lower incomes and those living in unstable housing

arrangements."

Sen. Kris Jordan (R-Ostrander), who has sponsored legislation (SB 162) to withhold funding from sanctuary cities,

applauded the administration's move in an interview.

"I don't know why you should count individuals that aren't here legally as part of the census. Those census numbers

can distort legislative seats," he said.

"Those individuals aren't here legally. They should not be allowed to vote under our laws so they should not be

counted for the census."

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But Common Cause President Karen Hobert Flynn in a statement called the addition of the question "the latest way

the Trump administration attempts to intimidate and threaten communities of color and the immigrant community."

"This is an attempt to racially rig the census and undercount communities of color, and (it) goes against the fair

representation our democracy relies on," she said.

"An accurate census is essential in the redrawing of our congressional and legislative districts and budgeting

decisions that impact our schools, hospitals, roads, and veterans," she continued. "By adding the citizenship question,

the Trump administration is threatening the accuracy of data we use as (a) nation to make essential decisions about

our children's future."

Meanwhile, the National Democratic Redistricting Committee, led by former U.S. Attorney General Eric Holder,

vowed to wage a legal battle over the addition of the question.

In a statement, Mr. Holder said the decision "is motivated purely by politics."

"Contrary to the administration's stated rationale, asking the citizenship question on the census is not critical to

enforcing the Voting Rights Act," he said. "As attorney general, I did not - nor did my predecessors - request the

addition of a citizenship question to the decennial census to enforce the VRA. We did not need to: Data derived

from the existing census process was perfectly adequate for any voting litigation that arose."

The Ohio Republican Party said in a statement that the "attacks over reinstating the citizenship question on the

census questionnaire are just the latest examples of Democrat opportunism."

"Reinstating a citizenship question on the census will provide more complete and accurate citizen voting age

population data which is needed to enforce voting rights," ORP wrote in an email questioning the position of

Democratic attorney general candidate Steve Dettelbach on the issue. "Fears that citizenship data collected by the

census could be used for any purpose other than statistical analysis are unfounded. All census responses are

protected by law and may not be used for any other purpose."

California officials have also announced their intention to file a lawsuit over the addition of the question. Gov. John

Kasich's administration did not have an opinion of the change as of Wednesday.

OHIO REPUBLICAN PARTY ENDORSES CONGRESSIONAL REDISTRICTING BALLOT PLAN

The Ohio Republican Party's State Central Committee voted Tuesday evening to endorse Issue 1 - the bipartisan plan

to revamp the congressional redistricting process.

The voice vote took place during a special meeting held via conference call and follows a similar endorsement vote

Feb. 28 by the Ohio Democratic Party's Executive Committee. The support from both parties bodes well for the issue

heading into the primary election where voters will sound off on the plan supporters say will make gerrymandering

more difficult.

"We applaud both parties for endorsing Issue 1 and recognizing that Ohioans want a fair, open process that ends

unchecked partisan gerrymandering," said Keary McCarthy, president and CEO of Innovation Ohio and one of the

leaders of a bipartisan campaign supporting the issue. "We're encouraged that in addition to endorsing, both parties

will work to promote the importance of voting 'YES' on Issue 1 before the May 8th primary."

Before the vote, Senate President Larry Obhof (R-Medina) and House Speaker Cliff Rosenberger (R-Clarksville) briefed

ORP committee members on the plan and its genesis. It creates a three-stage process in which the General

Assembly, the Redistricting Commission and then the General Assembly once more would take a crack at crafting a

map. At each stage should mapmakers fail to reach an agreement more stringent rules kick in to tie mapmakers'

hands.

"It will make it harder for whatever party's in control to cram down a partisan map on the other side," Sen. Obhof said.

"The end result will be, I think, that legislators will have to learn to work together and try to show some cooperation in

the process."

Speaker Rosenberger said the issue was negotiated in part to preempt a November Fair Districts=Fair Elections ballot

proposal that would remove the legislature from the mapmaking process entirely.

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After months of hard-fought meetings, lawmakers and Fair Districts representatives finally reached an agreement in

February that passed the Senate and then the House with near unanimous votes.

"Most importantly is, what we didn't want was a ballot initiative to go to the ballot that would have made it in my

eyes a lot worse than where we ended up with," Rep. Rosenberger said. "No one's happy. They were tough

meetings...but ultimately I think what you get is a process for drawing congressional districts with a goal of promoting

bipartisanship and keeping local communities together."

The final vote was not unanimous but because it was a voice vote it's unclear how many voted against endorsing the

issue.

Former House speaker and committee member Bill Batchelder urged members to support the proposal as a way to

avoid future maps being tied up and overturned by federal courts during a time he anticipates Democrats "will have

money coming out of their ears." He recounted his own challenges in forming the current map in which no

congressional seat has changed party hands during the last decade.

"As a result of what has happened subsequently with the intervention of federal courts we have a great deal to be

worried about if we don't do something," Mr. Batchelder said. "The litigation is going to be out of this world."

There were a handful of questions from members, including a query from committee member Jim Aslanides

regarding how many seats the GOP would hold were the proposed rules in effect during the last round of

redistricting.

Rep. Rosenberger replied the party would be in "pretty good shape in the majority of our districts." He attributed that

to the strength of the party's candidates, but acknowledged it's hard to tell how the new process might shake out.

Sen. Obhof said there's no set number of seats the party can anticipate gaining or losing under the proposal.

"That's probably a good thing," he said. "If it was able to be gamed out...I think there'd be a lot less room for

compromise. This will make the process more challenging, frankly."

Another member questioned whether the proposal enables the minority party to be "obstructionist for political gains

and political points."

Sen. Obhof said it gives the minority party more power but that safeguards ensure there's no "light at the end of the

tunnel for anyone who wants to hold out."

"If the plan is to simply be obstructionist and try to take that as far as you can go you're going to end up in court,

you're going to end up with a four-year map you're not in favor of," Sen. Obhof said.

Democrats have similarly embraced the plan, with the party's leadership committee pledging its support in late

February and praising Fair Districts and its supporters for sparking legislative action.

"We're also proud to back Issue 1, which would not have become a reality without the hard work of grassroots

activists from across the state who collected hundreds of thousands of petition signatures for the Fair Congressional

Districts for Ohio campaign," the party said in a statement. "Their activism pushed Statehouse Republicans to take

action on an issue that has poisoned Ohio and national politics for decades. We encourage all Ohioans to vote this

May in favor of Issue 1."

DEVELOPERS URGE OPSB ACTION ON POTENTIAL LAKE ERIE WIND TURBINES

Parties behind a proposed Lake Erie wind farm are again asking the Ohio Power Siting Board to move forward on the

plan even as debate continues over the project's potential impact on wildlife. The Lake Erie Energy Development

Corporation, which is proposing the Icebreaker Wind project, is touting a recent letter from the U.S. Fish and Wildlife

Service that examines the project's potential impact on endangered wildlife.

The letter was issued March 12 from Lori Nordstrom, the FWS's assistant regional director of ecological services for the

Midwest region, to Ohio Department of Natural Resources Assistant Director Gary Obermiller.

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"Regarding potential take of federally listed species, (the Department of Energy) has determined that LEEDCo's

Project Icebreaker is not likely to adversely affect Indiana bat, northern long-eared bat, piping plover, rufa red knot,

and Kirtland's warbler," Ms. Nordstrom wrote. "The service concurred with these determinations."

The proposal calls for a six-turbine farm about 10 miles off Cleveland's shore, but the plan has drawn opposition from

bird advocacy groups, including the American Bird Conservancy and the Black Swamp Bird Observatory.

LEEDCo President Lorry Wagner said the FWS missive is one more reason state regulators should quickly move the

project forward.

"Icebreaker appreciates U.S. Fish and Wildlife Service's assessment and looks forward to continuing to work with the

federal and state wildlife agencies in making this project a success," Mr. Wagner said. "This letter goes one step further

and acknowledges Icebreaker's commitment to engage in rigorous, science-based surveys using the best available

technologies both prior to and after construction."

But opposition persists among bird advocates and anti-wind groups. Shawn Graff, ABC's vice president of the Great

Lakes, wrote in a recent op-ed about the "dark side" of such projects.

"Collisions with industrial wind turbines are killing hundreds of thousands of birds and bats annually," he said. "Wind

energy and birds can co-exist, but only if turbines are sited properly."

The groups have argued Lake Erie is a major thoroughfare for those species but environmental groups have lined up

behind the project. Lawmakers from the region have likewise signaled their support for the project.

The FWS called the proposal a "relatively small-scale demonstration project" and noted the importance of post-

construction monitoring to determine whether birds and bats are flying in or near the project area.

But in light of the agency's agreement on the environmental impact of the project, Mr. Wagner said the corporation

is "urging the Ohio Power Siting Board to recommence the permitting process and move expeditiously to approve this

innovative clean energy project so construction can begin on schedule."

INTRODUCED IN THE HOUSE

HJR 14 INFRASTRUCTURE IMPROVEMENTS (Smith, K., Lepore-Hagan, M.) Proposing to enact Section 2t of Article VIII

of the Constitution of the State of Ohio to permit the issuance of general obligation bonds to fund sewer

and water capital improvements.

HB 575 VOLUNTEER TAX CREDITS (Keller, C., Rezabek, J.) To grant income tax credits to persons who serve as

volunteer firefighters or emergency medical service technicians. Am. 5747.08 and 5747.98 and to enact

section 5747.31.

HB 576 MINIMUM WAGE (Kelly, B.) To increase the state minimum wage. Am. 4111.02, 4111.09, and 4111.14 and to

repeal section 4111.07.

HB 578 INJECTION WELLS (Holmes, G., O'Brien, M.) To establish new setback requirements applicable to new Class II

injection wells and to require thirty-seven and one-half per cent of the out-of-district injection well fee to be

paid directly to the municipal corporation or township in which the injection well is located. Am. 1509.02

and 1509.22 and to enact section 1509.023.

Thursday, March 29, 2018

INFRASTRUCTURE PLAN WOULD RECLAIM NATION'S 'PROUD HERITAGE' OF INNOVATION, TRUMP SAYS IN OHIO SPEECH

President Donald Trump touted his infrastructure plan in Ohio Thursday as the latest in what he described as a long

string of "wins" he's delivered for the American people since taking office last year.

His remarks came during an appearance at a Richfield union training facility, where he predicted his proposal will

revitalize the country that carved out the Panama Canal and erected the Empire State Building.

"To rebuild this nation, we must reclaim that proud heritage and we're on our way," President Trump said. "We must

recapture the excitement of creation, the spirit of innovation and the spark of invention."

Infrastructure, though, wasn't the only thing on the president's mind. He spent half of his nearly hour-long speech

recounting his first year in office, touting his efforts to cut taxes and regulations, and applauding the return this week

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of ABC sitcom "Roseanne." He also made time to criticize the operation of the Department of Veterans Affairs a day

after he announced via Twitter he was firing Secretary David Shulkin in his latest cabinet shakeup.

The president's infrastructure plan, announced last month, aims to leverage $200 billion in total federal spending into

$1.5 trillion in total investment through private, state and local government funding.

Reaction to the speech was mixed, with Democrats continuing to agree in principle on the need for new investment

but sharing skepticism with the president's plan to have states and local communities bear much of the burden.

"An infrastructure overhaul that enhances transportation safety and creates jobs is desperately needed across

America," U.S. Rep. Marcy Kaptur (D-Toledo) said. "The proposal set forth today, however, is a half-baked start. It relies

heavily on funding from already strapped state and local governments, and raises significant concerns about

commuter tolls and the sale of public assets to private companies to raise the money."

Mr. Trump opined that U.S. infrastructure is lingering at a "Third World" level and bemoaned the length of time it takes

to approve and complete various projects.

"Over 40% of bridges were built before the moon landing," he said. "Our roads are clogged.... Our mass transit systems

are a mess. We have 300 power outages a year compared to five per year in the 1980s."

He predicted his infrastructure proposal won't get serious legislative consideration until after the primary election

"because the Democrats say, 'Don't give him any more wins.'"

The president is looking to ensure rural areas aren't left behind in future investment - in particular on the subject of

broadband internet, he said. And he wants to further streamline the approval process for projects while balancing

that with adequate environmental protections.

"I hope to get it down to a one-year (approval) period," Mr. Trump said. "We're going to protect the environment and

cut the permit approval time and we're going to get things done, get them built, or we're going to tell you, 'No good

for the environment, sorry.' But for the most part it's going to happen."

Several Ohio elected officials were in attendance and were noted by the president, including Lt. Gov. Mary Taylor;

Auditor Dave Yost; and U.S. Reps. Jim Renacci, Bill Johnson and Bob Gibbs.

Notable absences included Attorney General Mike DeWine, a GOP gubernatorial hopeful, and Gov. John Kasich, a

persistent critic of the Trump Administration.

U.S. Sen. Rob Portman (R-Terrace Park) called the proposal a "good starting point of discussion" and joined others in

recognizing the investment's potential to boost the economy.

"By rebuilding our aging infrastructure and improving job training programs targeted toward in-demand

infrastructure-related jobs, we have a great opportunity to further strengthen our economy," Sen. Portman said in a

statement. "We also need to make infrastructure permitting reform a priority."

Ohio's other senator used the occasion to urge President Trump to support his legislation with Sen. Portman to apply

Buy America rules to all federal infrastructure projects. The legislation, U.S. Sen. Sherrod Brown argued, is in line with

prior promises Mr. Trump made on the campaign trail.

"It's simple - American tax dollars should support American jobs," Sen. Brown (D-Cleveland) said in a release. "The

president promised to 'Buy American and hire American,' and he can make good on that promise by backing our

bill."

Dennis Kucinich, who is locked in a four-way primary contest for the Democratic gubernatorial nomination, also

called Mr. Trump's plan a "good start," but he said he shares concerns that state and local governments don't have

money to spare.

"We need $30 billion alone to repair and replace our bridges here and what's important to remember is that for every

billion spending in this construction program it creates at least 5,000 jobs," the former congressman said. "This is a way

to get the economy moving again."

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FIRSTENERGY ANNOUNCES CLOSURE OF NUCLEAR PLANTS AS INTEREST IN ZEN BILLS REMAIN UNCLEAR

FirstEnergy's two Ohio power plants will close by 2021 in a move that sparked renewed questions over controversial

legislation meant to boost financial support for the facilities.

The announcement came late Wednesday when FirstEnergy Solutions notified the Nuclear Regulatory Commission

and regional transmission organization PJM Interconnection that "aggressive" cost cuts imposed by the utility aren't

enough to overcome market challenges.

The development prompted Ohio's Senate leader to opine Thursday that it would trigger further discussions. A key

sponsor of the targeted legislation called the news "pretty shocking."

Oak Harbor's Davis-Besse Nuclear Power Station is slated for closure in 2020 with Perry Nuclear Power Plant expected

to cease operations the following year - eliminating a combined 2,176 megawatts. The Beaver Valley Power Station

in Shippingport, Penn., is also expected to close in 2021, according to FES.

In its statement on the decision, FES Generation Companies President Don Moul continued urging lawmakers to

embrace controversial bills to create a zero-emission nuclear credits - or ZEN - program (SB 128, HB 178 & HB 381) to

grant cost recovery for the plants.

"We call on elected officials in Ohio and Pennsylvania to consider policy solutions that would recognize the

importance of these facilities to the employees and local economies in which they operate, and the unique role they

play in providing reliable, zero-emission electric power for consumers in both states," Mr. Moul said. "We stand ready

to roll-up our sleeves and work with policymakers to find solutions that will make it feasible to continue to operate

these plants in the future."

The company is also asking the Trump Administration, through the Department of Energy, to intervene and create

new financial supports for the plants.

It's unclear what impact the pending closures, which still must pass a number of regulatory hurdles, will have on the

lukewarm reception Statehouse Republicans have given the ZEN bills thus far.

The legislation has had multiple hearings in both chambers, but none have been held since December in the House

and January in the Senate.

Asked whether the closures will impact conversations over the legislation, Senate President Larry Obhof (R-Medina)

said in an interview, "I'm sure that it will."

"I had several conversations last night with people representing the company but I don't have anything new to report

really (on the bill's status)," he added.

Sen. Obhof had previously said the bill faces an "uphill climb" in earning support from the caucus and has not listed

the issue among the chamber's priorities returning from Easter break.

On the House side, Rep. Anthony DeVitis (R-Green), the sponsor of both House versions, said he found the company's

announcement "pretty shocking."

As far as whether the news will encourage more members to support the proposals, Rep. DeVitis said, "I think it still has

to play out."

"I'll have to sit down with members of the leadership and others and I'm sure there will have to be some conversations

with the governor to see if there can be other steps taken," Rep. DeVitis said. "I don't know how it'll impact the

decisions that FirstEnergy Solutions have made but I'm looking forward to some conversation."

Regarding the legislation's chances moving forward, Rep. DeVitis said, "It's up to the chairman, it's up to leadership, so

I'll have to keep on working them to see if there's some more opportunities to have some discussion on the bill."

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Many of the proponents of the legislation are entities from the communities surrounding the plants who argue the

closures would increase the likelihood of retaining the economic benefits these plants provide in jobs and tax

revenue.

Rachael Belz, executive director for Ohio Citizen Action, which opposes the ZEN proposals, said the communities

around the plants should start planning now for the economic toll the closures will take.

"My first thought was that communities around these plants, workers and everybody, need to be talking about

transition," Ms. Belz said. "If they're talking about three years that may seem like a long time but it's really not. There's a

lot of planning that needs to happen and if it hasn't already started it needs to start now."

Ms. Belz said the legislation "didn't seem like it was going anywhere" and that she doubts the recent news will assist

proponents in making their case. The group, like other opponents, views the proposals as an effort to put customers

on the hook for FirstEnergy's business decisions that didn't pan out.

"I don't really see this helping, actually," Ms. Belz said. "And my opinion at least is it's because FirstEnergy has kind of

overreached with what they think they need from the legislature and the Public Utilities Commission in recovery from

their customers. And I think at a certain point your business practices catch up with you."

"We feel like FirstEnergy's business practices have led to this point more than any bail out could help right now," she

added.

The American Petroleum Institute, another opponent of the plans, accused FirstEnergy of "misleading the public and

government officials" in its latest move.

"As FirstEnergy has said repeatedly, it plans to exit the merchant generation business and retire or deactivate some of

its power plants," API said in a statement. "In fact, these announced retirements are not slated to occur for another 2-

3 years. Further, its Davis-Besse nuclear plant in Ohio was just refueled."

NEW REPORT OUTLINES ECONOMIC TRENDS FOR GUBERNATORIAL CANDIDATES TO ADDRESS

With the 2018 gubernatorial campaign in full swing, a new report is designed to frame the debate around the

challenges facing Ohio's economy.

Released Thursday by the Ohio State University John Glenn School of Public Affairs, the three-article series traces the

performance of the state's economy over the past half-century, details the changing nature of the workforce and

future challenges, and examines efforts by past gubernatorial administrations to boost the economy.

"What we are trying to do is elevate the level of the gubernatorial debate," OSU Adjunct Professor Bill Shkurti said in

unveiling the report at the Athletic Club of Columbus.

The report found that Ohio's per capita personal income compared to the rest of the country topped out in 1953 at

9% above the national average. Today, it is 9% below the national average.

That decline, Mr. Shkurti said, is attributed largely to the loss of 700,000 manufacturing jobs. That job loss in the high-

paying field has been driven by automation, although domestic and international competition also played a role.

While jobs in the industry have declined, production has not. Due to automation, the state's factories are producing

twice as much as they did 50 years ago with half as many workers.

"It has allowed Ohio factories to remain competitive and pay good wages," Mr. Shkurti said.

The report's other author, Fran Stewart, a senior research fellow at the university's Ohio Manufacturing Institute, said

the changing job market has led to a gap between the skills employers want and the skills workers have. The size of

that gap, however, varies based on different estimates.

"Which set of numbers one choses to believe may have a dramatic effect on the distribution of public and private

resources," she said.

Ms. Stewart also said the changing nature of the economy has led to a shift toward lower paying jobs.

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Mr. Shkurit said previous administrations have tried to reverse the trends outlined in the report.

"They have all done different things, some of which were better than others," he said.

Neighboring states, Mr. Shkurti said, have experienced similar patterns that they have been unable to reverse.

Mr. Shkurti said the report poses questions to gubernatorial candidates regarding their proposals for:

• Creating more high-paying jobs.

• Closing the skills gap.

• Influencing national and international policies impacting Ohio.

• Addressing the needs of the people and places left behind by the changing economy.

The final point involves two different subsets of Ohioans, according to Mr. Shkurti. One is rural Ohioans who tend to be

older and white and the other is younger people in urban areas who are more likely to be women and people of

color.

"Both of these 'forgotten Ohioans' need to be addressed in some way," he said.

Friday, March 30, 2018

OHIO EPA PREPS OMNIBUS BILL TO TACKLE PHOSPHORUS RUNOFF, CHEMICAL DISCLOSURES, OTHER ISSUES

The Kasich Administration has prepared wide-ranging legislation to crack down on phosphorus from agricultural

runoff and wastewater treatment plants as well as enact a myriad of other changes.

The legislation, currently in draft form, is expected to be introduced in the House in the near future and takes a mid-

biennium review-style approach to a host of environmental issues, Ohio Environmental Protection Agency Director

Craig Butler said in an interview.

It has already stirred extensive debate and pushback given the breadth of the proposed regulatory changes, as

evidenced by some hesitancy to embrace it among GOP lawmakers familiar with its contents who have attended

interested party meetings.

Gov. John Kasich briefly touched on the pending bill Friday during a press event, citing wastewater treatment as a

focal point. He said some wastewater facilities "dump all this crap into the lake and destroy our jewel."

"Part of it are things that we in Ohio can control," Gov. Kasich said. "The frustrating thing is we're talking about these

wastewater plants, that's why we put money in them to clean them up. These other states, they don't have it, it's a

problem."

The governor also singled out the agricultural runoff issue as a priority. "We'll have more to say about agriculture and

the runoff," he said. "That's got to stop."

Director Butler said he has been in contact with Rep. Steven Arndt (R-Port Clinton) and Sen. Randy Gardner (R-

Bowling Green) about sponsoring the bill. Neither have committed thus far to an introduction, however the director

said he expects a House bill at some point.

"It's first and foremost about protecting the environment," Mr. Butler said. "Number two, it's about how we continue to

promote economic development and job growth all at the same time."

Other goals, he said, include assisting businesses and communities through regulatory processes via a newly created

OEPA ombudsman position and taking "practical steps" to improve water quality.

The legislation would accomplish that latter point by expanding the definition of "agricultural pollution" to include

fertilizer and direct the Department of Agriculture to establish rules for "watersheds in distress" caused by fertilizer.

Regarding any anticipated opposition from agricultural groups who have sparred with environmental groups over

phosphorus runoff, Mr. Butler said more conversations with stakeholders are needed on that and other facets of the

plan.

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"We've...had lots of conversations with all the agriculture groups," Mr. Butler said. "We need to continue to have

conversations with them and the issues of watershed distress. They're obviously very concerned about that, and so

we need to have that."

Sen. Gardner, who has been involved in the discussions, said he doesn't anticipate sponsoring a Senate version of the

legislation.

"The governor's bill I think you'll find when it gets introduced or if it gets introduced it's not just about wastewater and

the lake. It's about agriculture," Sen. Gardner said. "It's kind of a myriad of things, different environmental issues. It

appears to me to be MBR-style legislation where it's comprehensive and has a good number of points and issues

being addressed in the legislation."

Mr. Butler said the agency is ready to assist governments in understanding how the bill's proposal to institute a

statewide phosphorus permit limit for wastewater treatment plants might impact local communities.

"On the one hand they're concerned but I think we're making good progress with them," he said. "And secondarily

they also say if we are going to invest money on lowering phosphorus what is everyone else doing, including the

predominant source of phosphorus: agriculture."

The proposal would also grant first responders and public water system operators with trade-secret chemical

information in the case of emergencies - an idea that has been a point of contention during budget talks in recent

years.

"We have worked with Oil and Gas Association," Mr. Butler said, referring to one major opponent of prior approaches

to that idea. "We don't think there are any particular issues there."

The legislation would also expand the OEPA's legal authority in several areas, including enabling it to: pursue civil

penalties for sources refusing to prevent or abate air pollution and odor nuisances; immediately suspend the

certification of a public water system operator to protect public health and safety, and compel the cleanup of

pollution discharges into state waters.

Other facets of the legislation include:

• Accelerating the air permit process for companies and developers.

• Eliminating rulemaking for defining the best available technology in air pollution sources to increase flexibility

to keep up with ongoing technological advancements.

• Redefining "open dumping" to include inside areas such as abandoned buildings.

• Redefining state level discharge level to align that Revised Code section with current Administrative Code.

• Eliminating the requirement to be a registered sanitarian in the enforcement of solid waste laws.

With the legislation not yet introduced and the spring legislative clock ticking, Mr. Butler said he would anticipate the

bill passing later this year if lawmakers are amenable.

"We're going to need to have series of discussions with all the stakeholders around these agricultural proposals," Mr.

Butler said. "We're confident we'll work with Rep. Arndt to get the bill introduced.... We'd rather not rush it. We'd rather

see a good bill get passed by the time the end of the year rolls around."

FERC RESPONDS TO OHIO DELEGATES' NUCLEAR CONCERNS

The Federal Energy Regulatory Commission has responded to letters from several members of Congress urging the

commission to take steps to support endangered nuclear plants.

FERC in January declined to act on the U.S. DOE's own proposal to enact new financial supports for nuclear plants,

instead opting to open a new docket to explore the question in greater detail.

As part of that new proceeding, several members of the Ohio delegation wrote stating that new supports are

needed. They included U.S. Rep. Marcy Kaptur (D-Toledo), U.S. Rep. Dave Joyce (R-Russell Twp.), U.S. Rep. Tim Ryan

(D-Niles), and U.S. Rep. Marcia Fudge (D-Cleveland).

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FERC Chairman Kevin McIntrye responded to all four members with nearly identical responses thanking them for their

letters and referencing the ongoing docket and another centered on wholesale electricity markets operated by

eastern regional transmission organizations.

"Please be assured that the commission will evaluate the record from those proceedings to decide whether

additional action is warranted," Mr. McIntyre wrote.

'TOY VEHICLE' ORDINANCE UPHELD; OSBA WEIGHS IN ON CIVIL LIABILITY CASE

A southwestern Ohio city's ban on "toy vehicles" on public roadways and lots is constitutional, an appellate court

ruled this week.

The First District Court of Appeals upheld a Blue Ash ban on "roller skates, or riding in or by any means of any sled, toy

vehicle, skateboard or similar device" unless designated as "play street" or "play lot."

The case rose to the appellate court level after Matthew Price in 2016 was struck by a vehicle while riding a

motorized skateboard. Mr. Price was cited for violating the toy vehicle ordinance and appealed his minor

misdemeanor citation to Hamilton County Municipal Court.

The trial court struck down the ordinance as unconstitutional for violating the "right of movement and personal

enjoyment." The court also found it to be "void for vagueness," the Ohio Supreme Court reported.

The city challenged that ruling at the appellate court level, where a three-judge panel unanimously overturned the

trial court.

Writing for the majority, Judge Dennis Deters said laws can place restrictions on modes of travel.

"A burden on a mode of transportation, here toy vehicles, does not implicate the right to travel. The toy-vehicle

ordinance does not unconstitutionally infringe on citizens' right to travel, and the trial court erred in so holding," he

wrote.

He also took issue with the court's decision on voiding the ordinance for vagueness.

"Although the toy-vehicle ordinance does not specifically mention motorized skateboards among the prohibited

modes of transportation on streets, nothing in the ordinance suggests that the prohibition is limited to human-

powered modes of transportation," he wrote. "Thus, a motorized device could fall within the confines of the

ordinance."

Judges Marilyn Zayas and Charles Miller joined the opinion.

AGENCY BRIEFS: SENATORS URGE QUICK ACTION ON DISASTER DECLARATION; AUDITOR; LABOR FORCE

Ohio's two U.S. senators have asked President Donald Trump to request a quick approval of Gov. John Kasich's

request for a disaster declaration in response to last month's flooding.

U.S. Sen. Sherrod Brown (D-Cleveland) and U.S. Sen. Rob Portman (R-Terrace Park) said the declaration would ensure

people affected in 19 southern Ohio counties can access federal assistance and resources.

Gov. Kasich submitted the request Monday, citing damage to county, village and township infrastructure in the area

of $44 million, including $20 million in costs related to impacted state highways.

"Severe storms and extreme rainfall last month in southern Ohio led to significant flooding, causing substantial

damage to critical infrastructure, such as roads, bridges, and buildings," the senators wrote. "The state and local

governments in the affected areas do not have the capability to sufficiently respond to this major disaster, and

therefore, federal assistance is necessary to supplement the state's recovery efforts."

State Auditor: State Auditor Dave Yost announced a former fiscal officer for York Township in Belmont County has

been indicted in connection with paying her mother and another person with money they had not earned.

Dawn Lee faces 27 counts, including theft in office, and her mother and another person were also indicted by a

Belmont County grand jury.

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Ms. Lee was indicted on charges connected to the misuse of township credit cards, overpayment of wages and

miscellaneous reimbursements, failing to file income taxes, and failure to remit income taxes.

Labor Force: Unemployment rates dropped in 83 counties, increased in four and remained constant in one county

from January to February, according to data released by the Department of Job & Family Services.

Mercer County had the lowest rate at 2.9%, with Delaware, Auglaize, Hancock, Holmes, Union and Wyandot counties

also at or below 3.5%.

Monroe County's rate of 10.4% was the state's highest. Others above 8% included Meigs, Noble, Morgan and Ottawa

counties.

Tuesday, April 3, 2018

STAKEHOLDERS VOICE CONCERNS AS THEY AWAIT LANGUAGE OF POTENTIAL OEPA OMNIBUS BILL

It's not even introduced yet, but municipal and agricultural groups are already voicing concerns over omnibus

legislation being developed by the Ohio Environmental Protection Agency.

OEPA Director Craig Butler, in an interview last week, outlined the administration's goals for the wide-ranging plan

that encompasses agricultural runoff, chemical disclosures and a myriad of other proposals.

Although the legislative language isn't finalized, stakeholder groups on Tuesday expressed mixed reactions to the

OEPA's factsheet outlining components of the plan. Most of those reactions are negative.

Kent Scarrett, executive director of the Ohio Municipal League, said the group attended an interested party meeting

with the agency earlier this year that sparked worries about language that would institute a statewide phosphorus

permit limit for wastewater treatment plants.

"We're concerned about another kind of unfunded EPA mandate coming down on our communities," Mr. Scarrett

said.

Mr. Butler acknowledged some communities have expressed fears but said the move would not lead to significant

cost increases. The OEPA said major publicly owned treatment plants in Michigan, Wisconsin, Indiana and Minnesota

have all adopted limits of 1 milligram per liter or lower.

But Mr. Scarrett said the group anticipates a "widespread" impact on businesses if communities were forced to adjust

their fee structures in order to comply. He said any cost increase will come on top of cuts to local government

funding made in recent years.

Cities also want a balanced approach based on the sources that cause the problems, he said.

"By and large the scientific community thinks it's the agriculture community that bears a large responsibility for these

runoffs," Mr. Scarrett said. "And we're hopeful anything the governor puts together and anything the administration

wants to do to our communities is equal to what the level of contribution is and the players that are really causing the

vast majority of the pollutants."

Ohio Farm Bureau spokesman Joe Cornely said the farm community is already taking steps to research and address

runoff, and his group is also concerned with aspects of the OEPA proposal.

"We're paying very close attention as this develops," Mr. Cornely said. "It's hard to be extremely specific until we see

what a bill - if introduced - might look like but based on the factsheet we're pretty concerned the Kasich

Administration is attempting a pretty big expansion of state regulatory authority with this bill."

The proposal expands the definition of "agricultural pollution" to include fertilizer and directs the Department of

Agriculture to establish rules for "watersheds in distress" caused by fertilizer. The rules are to include the creation of

nutrient management plans to address fertilizer in those watersheds and the proposal would create new information

sharing abilities to enable investigatory action deemed necessary by the ODA.

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Regarding phosphorus runoff, Mr. Cornely said the group prefers the approach pursued by the Clean Lake 2020 Plan

that Sen. Randy Gardner (R-Bowling Green) and Rep. Steven Arndt (R-Port Clinton) plan to introduce soon. That

proposal would appropriate $100 million a year for five years to fund algae reduction and agriculture best practices.

Mr. Cornely said the administration's proposal, in contrast, seems to center on "the idea we can fix this quickly by just

layering on more regulation."

"We fail to see how just slapping another layer is going to be effective especially since we've seen no evidence yet

any of these ideas have been tested in terms of what do they mean to the environment, agriculture and the

economy," Mr. Cornely said.

Not all facets of the proposal have been met with resistance, however. Part of the plan would strengthen chemical

disclosure requirements by enabling first responders to obtain trade secret information to protect public water

systems during emergencies. It's a goal the Ohio Environmental Council has long pushed for to no avail.

"While we're excited that the Ohio EPA is interested in pursuing a long list of policies, including efforts to clean up Lake

Erie, and disclose chemicals to first responders, we're eager to see the actual text of the bill and see how this bill

could positively impact the quality of our air, water, and land for generations of Ohioans to come," said Sarah

Spence, OEC's government affairs director.

Prior OEC proposals on the subject of disclosure met opposition from the industry, including the Ohio Oil and Gas

Association. But Mr. Butler said he believe the OOGA will support its proposal.

Asked about Mr. Butler's assessment, OOGA Executive Vice President Matthew Hammond said: "We are aware of the

draft bill and are currently reviewing the language to assess any potential impact on our membership. We look

forward to working with all interested parties moving forward."

It's unclear when or even if the legislation will be introduced - at least in its current draft form. Lawmakers in both

chambers have expressed some hesitancy at this point in putting their name on a bill involving such extensive

regulatory changes. The prospect that the legislation could pass later this year and be implemented by a new

administration of an unknown political party has also prompted hesitation.

Mr. Butler said he anticipates the bill will be introduced in the House and Brad Miller, spokesman for House Speaker

Cliff Rosenberger (R-Clarksville), said the administration's ideas are fodder for discussion.

"As we head into the summer months and into the remainder of the legislative calendar, these ideas and initiatives

can be a valuable tool for members to reference to continue the work the legislature has undertaken in recent years

to protect and preserve Ohio's natural resources," Mr. Miller said.

Asked about the potential bill Tuesday, Senate President Larry Obhof (R-Medina) said: "I think the House and the

Senate and the governor are committed to keeping Lake Erie clean and preserving our most important natural

resource. I haven't read the specifics of the bill yet. I have heard some concerns expressed by the agricultural

community. We'll dig into that soon, though."

The continued talk surrounding the regulatory legislation comes weeks after Sen. Obhof decried the amount of

regulation in Ohio and announced his goal to trim the state's red tape by 30%. In that announcement, Senate

Republicans said the OEPA accounted for the second highest number of restrictions of all state agencies.

Thursday, April 5, 2018

REPUBLICAN INTRODUCES BILL TO ENACT KASICH-PROPOSED FIREARM CHANGES

Rep. Michael Henne on Thursday proposed a range of changes to firearm laws, including creating gun violence

protection orders and banning purchases of firearms for third parties.

His legislation (HB 585) encompasses many of the same ideas Gov. John Kasich announced last month as a way to

tackle gun violence while protecting Americans' Second Amendment rights.

"They're just sensible changes that are going to help actually keep guns out of the hands of people who shouldn't

have them without stepping on the rights of the ones who are the responsible gun owners," Rep. Henne said in an

interview.

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Major changes in the proposal include the creation of extreme risk protection orders in which law enforcement or a

family member could petition a court to force a person to relinquish their firearms if they are deemed a threat to

themselves or others.

"They have the due process to protect the peoples' right with specific definitions of what is permissible," Rep. Henne

said. "It's got to be 'clear and convincing' evidence and the person will have a right to make their case why they

shouldn't have their guns taken away."

It would also ban the sale of armor-piercing ammunition and prohibit so-called "strawman" purchases, or firearm

acquisitions on behalf of a third party.

"If you're giving it as a gift, that's one thing, but if you're buying it for somebody else because they don't want to do a

background check that would be against the law," Rep. Henne said.

Other changes in the plan include:

• Mirroring federal law regarding individuals who may not possess a firearm or dangerous ordnance, including

those who: were convicted of a felony or domestic violence, violated a protective order, or were

dishonorably discharged from the military.

• Requiring protection orders to be entered into the federal National Crime Information Center and Law

Enforcement Automated Data System databases.

• Adopting the federal definition of an automatic firearm.

The Clayton Republican said he's long been working on the protection order language. When he heard Gov. Kasich's

proposals, he said, he reached out to the administration and sought to wrap those proposals into his bill.

"When the governor's right, he's right," Rep. Henne said. "I don't always agree with him on everything, but he's right on

this issue."

Rep. Henne said he anticipates a first hearing next week, although the legislation hasn't yet been assigned to a

particular committee.

Brad Miller, spokesman for House Speaker Cliff Rosenberger, said the speaker appreciates Rep. Henne's effort to

spark further discussion.

"This is something that the caucus as a whole will review and provide input to," Mr. Miller said. "What House Bill 585

does is take the recommendations from the governor's working group and put those concepts into one bill so that

when members discuss these ideas and issues, they have a single document to refer to."

Rep. Henne's proposal is likely to face criticism, at least based on the resistance gun groups have already expressed

to Gov. Kasich's proposals. That slate of proposals was unveiled at a Statehouse news conference the month

following a mass shooting at a Florida high school that left 17 people dead.

The Buckeye Firearm Association, for instance, voiced support for the governor's proposal to limit "strawman"

purchases but called the rest of the governor's plan "political grandstanding" written by "somebody who either

doesn't understand firearms or doesn't care about peoples' lives."

Democrats, however, voiced their support for many of the governor's recommendations and said the country has

reached a "breaking point" with gun violence.

Rep. Henne, who faces term limits this year, said he's anticipating pushback on the legislation. Thus far, he has no

cosponsors on the bill.

"People will say I didn't go far enough or say I went too far," he said. "But we're willing to work with anybody."

He said he tried to draft the protection order language using guidelines he believes the National Rifle Association will

support.

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"Some people want to blame the guns, but we all agree we need to keep guns away from people who don't have

the capacity to have guns," the sponsor said. "This isn't going after the guns. This is going after the people (who

shouldn't have them)."

JUSTICE REVIEW EXPLORES EFFECTIVE POLICING STRATEGIES

State policies have the potential to reduce violence and improve policing, members of an offshoot of the Criminal

Sentencing Commission were told on Thursday. Among the strategies lawmakers can implement are training and

technical assistance, providing resources to address emerging problems, funding and promoting evidence-based

programs and supporting officer wellness initiatives, said Robin Engel, vice president for safety and reform at the

University of Cincinnati.

In a presentation to the Justice Reinvestment in Ohio 2.0, she told members attending meeting in Columbus that one

of the evidence-based programs that proved to be effective in Cincinnati was the Initiative to Reduce Violence,

which focused on a reduction in gun and gang violence and was later replicated in several cities across the state.

The program led to a 42% reduction in gang member-involved homicides and a 22% reduction in shootings over a 42-

month period, according to Ms. Engel.

Karhlton Moore, executive director of the Office of Criminal Justice Services, said one of the efforts focused on a

gang dubbed "the Taliband."

"They had basically held these people hostage for years and years and years," he said of the community in which the

gang operated.

Mr. Moore added that taking on the gang improved relations between the community and police, which resulted in

more tips provided by citizens.

"The biggest drawback from this strategy is sustainability," he said. "It takes a lot of people for this strategy to work."

Warren County Sheriff Larry Simms said a top-down approach is not effective in policing.

"Everybody is different," he said. "Every community is different."

Policing strategies and policies can also have unintended consequences, Ms. Engel said. In the case of SpotShotter

technology, which uses acoustic sensors to locate gunshots, she said it can lead to unnecessary dispatches to false

alerts and a reduction in citizen reports of shots fired, she said. It has also not proven to be effective in reducing

violence.

"So far there hasn't been a study yet that has shown a significant reduction in violence directly linked to this

technology," she said.

While body-worn cameras have increased police legitimacy and accountability and improved report writing and

documentation accuracy, they have also led to an increase in assaults on officers and more arrests.

"In some jurisdictions we are seeing an increase in arrests because officers feel like they have less discretion," she said.

Bellefontaine Police Chief Brandon Standley offered an example of his own. He said he's found that the more doses

of Narcan it takes to revive someone who overdosed on opioids, the less likely it is for a member of the general public

to believe that person should have been saved.

Policing strategies need not only to be effective, they should also be equitable and build trust within communities,

Ms. Engel said.

"I do not believe we have to have a tradeoff between equity and effectiveness in policing," she said.

The presentation by Ms. Engel comes as violent crime rates have fallen by 14% from 2006 to 2016. However, over the

same time, violent crimes are up in non-metropolitan areas by 27% and homicide rates increased across the state by

19%. Nonetheless, Ms. Engel called it "good news" that crime rates have not risen correspondingly with opioid use.

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STATE REVENUE STEADY IN MARCH, KEEPS STREAM ABOVE ESTIMATES FOR THE FISCAL YEAR

Unlike the volatile spring weather in Ohio, state revenue stayed on an even keel in March, in the process keeping the

state on track to finish Fiscal Year 2018 in the black.

The latest preliminary revenue charts, issued Thursday by the Office of Budget and Management, found sales taxes

bouncing back a bit and accounting for most of the overage for the month compared to budget planning

projections. The category's performance offset dips in personal income and commercial activity taxes, according to

state data for the month.

Sales tax collections in March totaled $746 million, and thanks to the non-auto portion exceeding expectations by

$30 million, the category overall came in about $28.9 million ahead of schedule, OBM reported.

The other bright spots were in the financial institutions tax ($14 million above estimates) and the foreign insurance tax

(+13.5 million).

Those tax collections balanced out shortfalls in the CAT (-$13.7 million) and PIT (-$14.2 million), OBM figures show. The

$478.8 million in PIT intake for the month was 2.9% off the mark.

Despite the strong sales tax data for March, non-auto sales continue to lag projections for the fiscal year to date by

nearly $40 million, but auto sales taxes have picked up the slack, coming in almost $44 million above estimates with

three months remaining in FY 2018. As such, OBM reports that the overall sales tax category is currently spot on with

planning numbers for the year.

An earlier surge of PIT collections, partly attributed by analysts to the recent federal tax law changes, has that tax still

ahead of estimates by $211 million for the year to date.

That overage accounts for nearly all of the cushion that tax revenues have built up over the year, as the $16.085

billion in total tax receipts is $230 million, or 1.5%, above estimates after the first nine months of FY 2018, the budget

agency reported.

AGENCY BRIEFS: ODOT PLANS BUSY CONSTRUCTION, MAINTENANCE SEASON

The Department of Transportation expects to spend $2.35 billion on nearly 1,000 projects during this year's

construction season, including efforts to maintain existing roads and bridges. The department and its contractors

plan to repair or replace 5,645 miles of pavement and work on 1,040 bridges, ODOT reported.

"Roads and bridges don't get better over time. That's why 90 cents of every dollar we're investing this year is to take

care of what we have," ODOT Director Jerry Wray said in a statement. "We're using better data and more frequent

maintenance to address the small issues with our infrastructure before they become big issues."

The agency said is responsible for maintaining more than 43,000 lane miles of roadway and more than 14,000 bridges.

"Our transportation network is Ohio's most valuable man-made asset," Director Wray said. "It gives us the ability to

move goods to market, get to work, take our children to school, visit an amusement park or explore the beautiful

natural wonders of Ohio."

Friday, April 6, 2018

LEGISLATIVE LEADERS EYE VOTING MACHINES, PAYDAY LENDING FOR SPRING ACTION

After two weeks off, lawmakers are expected to hit the ground running next week with a variety of legislation likely to

see movement.

Senate President Larry Obhof (R-Medina) said he anticipates a "pretty healthy" agenda on Wednesday, with at least

half a dozen bills, and maybe twice that.

With the capital budget passed and signed by Gov. John Kasich, Sen. Obhof said his chamber will turn its focus to the

next big spending item: voting machines.

The Senate Finance Committee is reviewing a proposal (SB 135) for $114.5 million to finance new voting machines

ahead of the 2020 election cycle, and lawmakers have stressed the importance of passing the measure quickly.

"I believe it will be on the floor on April 11, but if not, it'll be on the floor at the next voting session after that," he said.

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Another priority for the Senate leader is a plan to change the state's renewable energy standards (HB 114) that has

continued to stoke controversy as lawmakers work toward a consensus.

Sen. Obhof said the chairs of both the Senate's Energy and Public Utilities committees are continuing to work on a

substitute version.

"While it won't be one of the bills on the floor next week, obviously House Bill 114 remains a significant priority for us,"

he said. "I believe that the chairmen and some of the other people who have been tasked with working on that issue

have a sub bill that should be ready to go in the next few weeks."

The Senate won't necessarily take a long stretch of time off, Sen. Obhof said. The chamber has historically returned for

a session or two in September, and after the spring work, he expects to return at least once or twice.

"I'm less worried about the specific timeline or any artificial deadlines," he said. "I think our focus right now is looking at

the bills that have been gradually working their way through the process and are almost there and seeing what we

can do to get those in shape."

In the House, one top priority is school safety, said Brad Miller, spokesman for Speaker Cliff Rosenberger (R-Clarksville).

He pointed to legislation dealing with school resource officers (HB 318) that has been re-referred to the House

Finance Committee for a possible funding addition.

Another House priority is a measure dealing with payday lending regulations (HB 123). Rep. Kirk Schuring (R-Canton) is

working on changes to that proposal, and Mr. Miller said House Republican leaders would like to see it on the floor by

the end of May.

House leaders are also hopeful for movement on an effort to create the OhioCorps program (HB 508), Mr. Miller said.

That proposal was recently expanded to include roughly half the state.

OPERS Proposal: One item that isn't expected to move in the coming weeks is a plan (HB 413) by the Ohio Public

Employees Retirement System to change its cost-of-living adjustment. The plan drew extensive criticism from retirees

and other groups, and sponsor Rep. Gary Scherer (R-Circleville) said it won't be moving forward.

"Myself and my colleagues had all been receiving negative feedback on it, so we definitely do not have the votes to

move it forward, and we're stopping action," he said in an interview. "The bottom line is we don't have the votes and

it's dead."

The sponsor said lawmakers are challenging the system to work to get retiree groups on board. OPERS spokesman

Michael Pramik said the system will continue to work on the issue.

"Should the current COLA bill not advance beyond the House Aging and Long-Term Care Committee, OPERS will not

consider the matter resolved," he said in an email. "As we always have, we will continue discussions with the Ohio

General Assembly to enact future changes that will meet the retirement needs of all of our members and retirees.

STATE NETS $14.3 MILLION DURING 'TAX AMNESTY' PERIOD

State tax revenue intake during a six-week period set aside earlier this year for delinquent taxpayers to pony up

without a penalty fell short of its budget goal but still captured $14.3 million for state coffers, according to the

Department of Taxation.

In crafting the current biennial budget, policymakers anticipated the tax amnesty period, which ran Jan. 1-Feb. 15,

would bring in $20 million. ODT also budgeted $1.5 million to advertise and administer the program. Just over half of

the funds came from taxpayers catching up with owed sales taxes, the agency reported.

A total of 1,353 amnesty applications were received. Those included two applications involving the long-ago

repealed corporate franchise tax, ODT said. Those requests were disallowed and the taxpayers charged full interest

and penalties, however the funds were included in the amnesty total since they were collected during the program's

run.

The 2018 tax amnesty results are as follows:

Statehouse Update

Page | 20

A similar six-week amnesty program in 2012 hauled

in $30.5 million from 2,739 taxpayers. That program

took place between May 1-June 15 and fell short

of the $40 million originally estimated. That initial

projection, however, also included a consumer use

tax that was later pulled out for a separate

amnesty program

AGENCY BRIEFS: U.S. ADDS 103,000 JOBS IN MARCH

The U.S. unemployment rate remained at 4.1% in

March as the country added 103,000 jobs, the

Bureau of Labor Statistics reported Friday.

The labor force participation rate was little

changed in March, at 62.9%, according to the BLS.

The modest jobs increase followed a gain of

326,000 in February, with the March growth coming

from manufacturing, health care and mining.

Manufacturing employment rose by 22,000. Health

care also added 22,000 jobs, driven by ambulatory

health care services (+16,000) and hospitals (+10,000). Mining employment was up 9,000 in March, led by support

activities for mining (+6,000) and oil and gas extraction (+2,000). Employment in professional and business services

was up 33,000 jobs, while retail trade employment was down 4,000 after increasing by 47,000 I February. Construction

employment dropped by 15,000 after a gain of 65,000 in February.

INTRODUCED IN THE HOUSE

HB 585 FIREARM LAWS (Henne, M.) To expand the definition of dangerous ordnance to include armor piercing

ammunition and expand the definition of an automatic firearm to include any device within the federal

definition of machine gun; to create additional conditions under which an individual may not possess a

firearm or dangerous ordnance and to eliminate the process by which an individual may apply for relief

from a weapons disability; to generally prohibit a person from buying, purchasing, obtaining, or furnishing a

firearm on behalf of a third party; to provide for the entry of protection orders into the federal NCIC

database and LEADS; and to provide for the issuance by a court of an extreme risk protection order.

LEGISLATIVE COMMITTEE SCHEDULES BEGINNING 4/9/2018

Tuesday, April 10

Senate Energy & Natural Resources (Chr. Balderson, T., 466-8076), Finance Hearing Rm., 9:30 a.m.

HB 225 OIL GAS WELLS (Thompson, A.) To modify the law governing idle and orphaned oil and gas wells. (3rd

Hearing-All testimony-Possible amendments & vote)

Senate Public Utilities (Chr. Beagle, B., 466-6247), Finance Hearing Rm., 10:30 a.m.

HB 422 WATER SEWER ACQUISITIONS (Ginter, T., Rogers, J.) To govern acquisitions of municipal water-works and

sewage disposal system companies by certain larger nonmunicipal water-works or sewage disposal system

companies. (1st Hearing-Sponsor)

HB 478 WIRELESS SERVICES (Smith, R., LaTourette, S.) To modify the law regarding wireless service and the

placement of small cell wireless facilities in the public way. (4th Hearing-All testimony-Possible amendments)

House Economic Development, Commerce & Labor (Chr. Young, R., 644-6074), Rm. 113, 1:30 p.m.

HB 171 EMS SHIFTS (Patmon, B.) To limit the hours worked in a work shift and to require work breaks for emergency

medical service providers. (1st Hearing-Sponsor-Possible substitute)

House State & Local Government (Chr. Anielski, M., 644-6041), Rm. 017, 2 p.m.

HB 500 TOWNSHIP LAWS (Carfagna, R.) To make various changes to township law. (4th Hearing-All testimony-

Possible amendments)

HB 530 LODGING TAX (Hambley, S., Arndt, S.) To authorize local elected officers that have levied a hotel lodging

excise tax, or a designee of such officers to simultaneously hold the position of officer or member of the

board of trustees of a convention and visitors' bureau without constituting incompatible offices. (3rd

Hearing-All testimony-Possible amendments)

Tax Type Amount Collected % of Revenue

Sales and Use $7,249,352 50.63%

Commercial Activity $3,318,775 23.18%

Individual Income $2,355,750 16.45%

Pass-Through Entity $696,382 4.86%

Employer Withholding $366,708 2.56%

Individual Income School Dist. $109,034 0.76%

Corporate Franchise $80,406 0.56%

Financial Institutions $73,285 0.51%

Employer With. School Dist. $69,710 0.49%

Totals $14,319,402 100.00%

Statehouse Update

Page | 21

HB 585 FIREARM LAWS (Henne, M.) To expand the definition of dangerous ordnance to include armor piercing

ammunition and expand the definition of an automatic firearm to include any device within the federal

definition of machine gun; to create additional conditions under which an individual may not possess a

firearm or dangerous ordnance and to eliminate the process by which an individual may apply for relief

from a weapons disability; to generally prohibit a person from buying, purchasing, obtaining, or furnishing a

firearm on behalf of a third party; to provide for the entry of protection orders into the federal NCIC

database and LEADS; and to provide for the issuance by a court of an extreme risk protection order. (1st

Hearing-Pending referral)

House Government Accountability & Oversight (Chr. Blessing, L., 466-9091), Rm. 313, 2 p.m.

HB 342 TAX LEVIES (Merrin, D.) To permit local tax-related proposals to appear only on general and primary

election ballots and not on an August special election ballot and to modify the information conveyed in

election notices and ballot language for property tax levies. (5th Hearing-All testimony-Possible

amendments & vote)

SB 79 AGENCY REVIEWS (Jordan, K.) To require standing committees of the General Assembly to establish a

schedule for the periodic review of state departments that are currently in the Governor's cabinet, and to

require that Auditor of State performance audits be scheduled to coincide with the periodic review. (1st

Hearing-Sponsor)

House Public Utilities (Chr. Cupp, R., 466-9624), Rm. 116, 3 p.m.

HB 402 TELEPHONE REGULATION (Hill, B.) To revise state regulation of telephone companies. (6th Hearing-All

testimony-Possible substitute & vote)

Wednesday, April 11

Senate Public Utilities (Chr. Beagle, B., 466-6247), Finance Hearing Rm., 9:15 a.m.

HB 478 WIRELESS SERVICES (Smith, R., LaTourette, S.) To modify the law regarding wireless service and the

placement of small cell wireless facilities in the public way. (5th Hearing-All testimony-Possible amendments

& vote)

House Insurance (Chr. Brinkman, T., 644-6886), Rm. 116, 10 a.m.

HB 459 WORKERS' COMPENSATION (Henne, M.) To allow groups of employers to be granted status as a self-insuring

employer for purposes of the Workers' Compensation Law. (2nd Hearing-Proponent)

Tax Expenditure Review Committee (Chr. Oelslager, S., 466-0626), Senate Finance Hearing Rm., 10 a.m.

• Review of sales to churches and certain other non-profit organizations; sales to the state, any of its political

subdivisions and certain other states; sales by churches and certain types of non-profit organizations; tangible

personal property used primarily in manufacturing tangible personal property and packaging and packaging

equipment

Senate Government Oversight & Reform (Chr. Coley, B., 466-8072), Finance Hearing Rm., 10 a.m.

SB 268 THEFT IN OFFICE (Wilson, S.) To expand the increased penalties for theft in office based on the amount of

property or services stolen and to include as restitution certain audit costs of the entity that suffered the loss

involved in the offense. (1st Hearing-Sponsor)

SB 239 REGIONAL GOVERNMENT COUNCILS (Dolan, M.) To modify the law concerning regional councils of

governments. (6th Hearing-All testimony-Possible amendments & vote)

House Civil Justice (Chr. Butler, J., 644-6008), Rm. 121, 3 p.m. or after session

HB 419 EMERGENCY LIABILITY (Henne, M.) To modify the defense to the liability of a member of a police or fire

department or emergency medical service of a political subdivision for the negligent operation of a motor

vehicle in response to an emergency by requiring that the vehicle has its lights and sirens simultaneously

activated. (3rd Hearing-All testimony-Possible amendments & vote)

Reprinted with permission of Gongwer News Service, Inc.