OH-15: Eggs-scruciating

Is this the end of Mary Jo Kilroy’s egging on fellow Dems with that charge against Republican Steve Stivers that a 2003 bill he co-sponsored stripped local jurisdictions of control?

Stivers’ Senate office told PolitickerOH.com that townships and counties have not been able to regulate agriculture since the 1950s, as stated in sections 303.21 and 519.21 of the Ohio Revised Code. These statutes forbid counties and townships, respectively, from regulating agriculture. Stivers’ office said before 2000, the Ohio Environmental Protection Agency was in charge of regulating agriculture but the 2000 legislation transferred regulatory control to the Ohio Department of Agriculture. Stivers himself was incorrect in saying that the 2000 legislation actually stripped localities of control.

Verification of that from a neutral source ought to end this. So does Kilroy now have egg on her face? (This is terrible, I know. I could go on, but I’ll have mercy on you.) I thought this issue was awful from the get-go, so I hope it’s dead now. Here’s the previous post, where it turns out I was on to something. (!)

Trackback | Posted by Brian | Aug 20, 2008 5:12 pm | Permalink | Bookmark
Categories: Ohio, Politics

Posted by Former Dem | Aug 20, 2008 5:43 pm

This wouldn’t be the first time Kilroy has had egg splattered in her face. Regardless, she’ll ignore or deny any mistakes she made until the bitter end (similar to her last bitter campaign and bitter loss)

Posted by bryan | Aug 20, 2008 7:52 pm

not so fast. see this bill analysis. http://www.lbo.state.oh.us/fiscal/fiscalnotes/125ga/HB0152EN.HTM

while previous law referenced by stivers applied to zoning for agricultural use, it did not apply to the federal clean air and water laws first enacted in the 1970s.

the impetus for hb152 was buckeye egg and local communitie’s attempts to enact local protections against manure, insect and odor problems associated with massive chicken farms. the gop responded with a law that stripped local govt of that right (part of home rule and NOT impacted by the 1950s agricultural zoning laws) and transferred enforcement of federal air and water pollution laws for cafos to the more ag-friendly dept of agriculture.

btw — all this happened under fred daley’s watch. you know, the fred thats running against zach space.

Posted by Brian | Aug 21, 2008 12:48 am

bryan: My understanding is that SB 141 in 2000 was inspired by Buckeye Egg. That’s the bill that moved regulatory authority from the Ohio EPA to the Ohio DOA. I think you’re incorrect about this bill not including enforcement of federal pollution law- read that analysis. The bill provided ODA with 6 full-time CAFO inspectors, for instance.

The bill analysis that you linked to, for HB 152 from 2003, is where I got the characterization, quoted in the previous post linked above, “This provision clarifies that CAFO regulation shall fall under the Department of Agriculture.” This provision refers to the part of the bill that forbids “political subdivision of the state” from also requiring permits or licensing.

The question is, were local jurisdictions forbidden from requiring additional permits for all those years while the Ohio EPA had the authority, or is that brand new starting from 2003?

Some other questions: Is the Ohio DOA doing a good job? Does Mary Jo Kilroy think it’s not? Will I post on this topic again?

Posted by Jen | Aug 21, 2008 12:02 pm

To quote a local township trustee, the 6-8 million hen facility would be a “Three-mile Island of chickens” in Union County. The question is whether the future of agriculture in Ohio will resemble the successful, sustainable local farms that already exist or will it resemble strip mines or factory towns out of the 1920s.

Posted by Brian | Aug 21, 2008 12:55 pm

I appreciate what you’re saying, Jen. You should let the ODA know what you think- they will have another public meeting on it, though it’s not yet scheduled. But whether or not the proposed facility is a good idea is separate from Mary Jo Kilroy’s charge regarding Steve Stivers.

Posted by Former Dem | Aug 21, 2008 4:07 pm

“not so fast” ???
Why would I slow down for anything you analyze Bryan? You have been totally one sided since I first read your garbage on BSB. You would rather tear down everyone around you rather than admit when you’re wrong. You have not impressed me as being all that informed or bright. I know you admire yourself for being witty. But, most people find you offensive and unjustifiably exclusionary and aloof (very much like Mary Jo Kilroy)

Posted by bryan | Aug 24, 2008 9:18 pm

no, brian, local authorities were not barred from regulating, via nuisance laws, etc., cafos. they retained that homerule right until 2003. they were, however, barred from zoning laws that adversely impacted agriculture.

Posted by Joseph | Aug 24, 2008 9:47 pm

Actually, I think you used up both egg-specific puns. Great work!

I guess you’re going to have to move on to move creative things like:

“Has Kilroy Chickened Out?”

or “Did Mary Jo Cluck Things Up?

or even “Kilroy Fowls Things Up Again”

Posted by Eric | Aug 24, 2008 9:54 pm

Methinks IP comparison will show “Former Dem” is one Dave Hickman. Sounds like his attempt to sound rational while peddling the same BS.

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