Indiana state lawmakers passed a number of environmental and health-related bills this past legislative session that could affect Gary. Meanwhile, some bills that would have potentially impacted the city were left on the cutting room floor. From wetlands protection to radon testing, Capital B Gary took a closer look at the legislation that passed and the measures that failed to garner enough support.
Passed:
Senate Bill 5: Lead water line replacement and lead remediation
The measure will mandate landlords to replace lead drinking water pipes in Indiana apartments and other multifamily housing. It requires landlords to enroll in a lead line improvement program approved by the Indiana Utility Regulatory Commission. This allows landlords to replace the pipes they own through their water company, or pay for their replacements out of pocket. The law also sets up a fund to help schools test for lead and replace lead fixtures, which can cause behavioral issues and kidney failure in children.
Indiana American Water, the largest water utility company in the state and primary source for water use in northwest Indiana, estimates approximately 20,000 lead service lines remain in Northwest Indiana, which includes Gary and Lake County, according to an IAW spokesperson.
House Bill 1383: Wetlands protection
This bill, now signed into law, “eliminates certain wetland rulemaking requirements” and decreases the number of wetlands that can fall into Class 3 classification, Indiana’s most protected wetlands. Conservation groups have argued that the bill rolls back wetlands protections in the state.
Indiana ranks fourth among states with the highest loss of wetlands, according to the state’s Status of Wetlands in Indiana Report. Gary’s Calumet region and Northwest Indiana was one of the most biologically diverse wetland areas, and is still a targeted area for ecological restoration projects, according to the Chicago-based Wetland Initiative, a conservation nonprofit organization.
Senate Bill 246: Assessment of wetlands classified as wildlands
Unlike HB 1383, this bill allows the Indiana Department of Natural Resources to certify some wetlands as a potential tax break for landowners. To be eligible, the land must be at least half an acre in size, and contain a wetland. This has been lauded by conservationists and environmental groups as an incentive for property owners to preserve wetland areas.
Failed:
House Bill 1399: PFAS chemicals
This bill would have changed the definition of toxic PFAS, or forever chemicals, in Indiana. PFAS chemicals, found in many common household items like cosmetics and makeup, are found in higher concentrations at manufacturing facilities and airports. Exposure to the chemicals has been linked to kidney cancer, immune system failure, and developmental issues in children. Critics of the bill say its failure is a win for the health of Hoosiers across the state because it would’ve allowed Indiana manufacturers to exempt certain PFAS chemicals from the definition — allowing them to continue using the harmful chemicals to make things like medical devices, drugs, and cars.
“To say I am relieved that this bill is no longer moving forward would be an understatement. House Bill 1399 would have established an unprecedented regulatory carve-out for chemicals known to be harmful to human health,” State Rep. Maureen Bauer, D-South Bend, said in a February press release.
Gary and northwest Indiana are home to many industrial and manufacturing sites. A 2022 study found that at least 158 industrial facilities in Indiana that were reported to the EPA have the presence of PFAS chemicals, including a petroleum refinery in Whiting, which historically used PFAS firefighting foam to put out fires.
House Bill 1172: Committee on climate resilience and economic growth
This measure would have created a committee to study the impact of climate change in Indiana. Gary has been designated as an environmental justice community by the EPA, and is particularly vulnerable to the impact of climate change because of its many environmentally hazardous facilities.
House Bill 1252: Radon testing in school buildings
This bill would’ve required public schools to test for radon in the lowest level of their buildings and report the findings to the Indiana Department of Health. Radon, an odorless gas, seeps into buildings from the ground. According to the Indiana State Department of Health Lead & Healthy Homes Division, nearly one in three homes in Indiana is estimated to have dangerous levels of radon exposure. Exposure to radon is the leading cause of lung cancer in people who don’t smoke in the U.S. and exposure at high levels is estimated to cause more than 21,000 deaths every year, according to the department’s report.