What’s happening for ag at the Ohio Statehouse?

Despite the arrival of summer and continuing disagreements over the state budget, Ohio legislators have been working on several pieces of legislation relevant to Ohio agriculture.  All of the proposals remain in committee but may see further action after the budget bill process ends. Here’s a summary of the ag related proposals currently under consideration at the Statehouse.

Senate Bill 111 – Urban Agriculture

Senator Paula Hicks-Hudson (D-Toledo) targets barriers for farmers in urban settings in SB 111, which has had three hearings before the Senate Agriculture and Natural Resources Committee. OSU Extension, the Ohio Municipal League, and several farmers have testified in support of the  proposal, which contains three components:

• Establishes an Urban Farmer Youth Initiative Pilot Program to provide youth between the ages of six and eighteen living in urban areas with programming and support for farming and agriculture.  The bill would appropriate $250,000 over 2024 and 2025 for the pilot, to be administered by OSU Extension and Central State Extension.
• Exempts temporary greenhouses, such as hoop houses, from the Ohio Building Code, consistent with Ohio law’s treatment of other agricultural buildings and structures. 
• Codifies the Department of Taxation’s current treatment of separate smaller parcels of agricultural land under the same farming operation, which allows the acreages to be combined to meet the 10 acre eligibility requirement for Current Agricultural Use Valuation.

House Bill 64 – Eminent Domain

A proposal to make Ohio’s eminent domain laws more favorable to landowners remains on hold in the House Civil Justice Committee.  HB 64 is receiving more opposition than support, with dozens of parties testifying against it in its fourth hearing on May 23.  Read more about the proposal in our previous blog post.

House Bill 162 – Agriculture Appreciation Act

Rep. Roy Klopfenstein (R-Haviland) and Rep. Darrell Kick (R-Loudonville) introduced HB 162 on May 1 and it received quick and unanimous approval from the House Agriculture Committee on May 16.  The bill has not yet been introduced in the Senate.  The proposal would make several designations under Ohio law already recognized by federal law:

• March 21 as “Agriculture Day.”
• October 12 as “Farmer’s Day.”
• The week beginning on the Saturday before the last Saturday of February as “FFA Week.”
• The week ending with the second Saturday of March as “4-H Week.”

House Bill 166 – Temporary Agricultural Workers

A bill addressing municipal income taxes for H2-A agricultural workers has met opposition in the House Ways and Means Committee.  HB 166, sponsored by Rep. Dick Stein (R-Norwalk) would subject foreign agricultural workers’ income to municipal income taxes.  The current municipal tax base in Ohio is based on federal tax laws that exclude foreign agricultural worker pay from Social Security and Medicare taxes since the workers cannot use those programs, and HB 166 would remove that exclusion and add H2-A income to the municipal tax base.  The bill would also require employers to withhold the taxes for the municipality of the workers’ residences.  While municipal interests support the bill, Ohio Farm Bureau and agricultural interests testified against it in its third hearing on June 13.  Opponents argue that H2-A workers are not residents because they are “temporary,” that the proposal would have many potential adverse effects on how Ohio handles the H2-A program, and would hamper the ability of agricultural employers to use the H2-A program to hire employees.

House Bill 193 – Biosolid and biodigestion facilities  

Biosolid lagoons and biodigestion facilities would have new legal requirements and be subject to local regulation under a proposal sponsored by Rep. Kevin Miller (R-Newark) and Rep. Brian Lampton (R-Beavercreek).  HB 193 would grant county and township zoning authority over the lagoons and facilities, require a public meeting and county approval prior to seeking a facility permit from the Ohio EPA, require the Ohio EPA to develop rules requiring covers on new biosolid lagoons, and modify feedstock requirements for biodigestion facilities to qualify for Current Agricultural Use Valuation property tax assessment.  HB 193 had its first hearing before the House Agriculture Committee on June 13.

House Bill 197 – Community Solar Development   

A “community solar” proposal that did not make it through the last legislative session is back in a revised form.  HB 197 proposes to define and encourage the development of “community solar facilities,” smaller scale solar facilities that are directly connected to an electric distribution utility’s distribution system and that create electricity only for at least three “subscribers.”  The bill would establish incentives for placing such facilities on distressed sites and Appalachian region sites through a “Community Solar Pilot Program” and a “Solar Development Program.” Rep. James Hoops (R-Napoleon) and Sharon Ray (R-Wadsworth) introduced the bill on June 6, and it received its first hearing before the House Public Utilities Committee on June 21. “The goal of this legislation is to create a small-scale solar program that seeks to be a part of the solution to Ohio’s energy generation and aging infrastructure need,” stated sponsor Hoops.

House Bill 212 – Foreign ownership of property

 Ohio joins a movement of states attempting to limit foreign ownership of property with the introduction of HB 212, the Ohio Property Protection Act.  Sponsored by Representatives Angela King (R-Celina) and Roy Klopfenstein (R-Haviland), the proposal would prohibit foreign adversaries and certain businesses from owning real property in Ohio. The bill was introduced in the House on June 13 and has not yet been referred to a committee for review.

Maintaining Animals is not a Fundamental Right, Court Reminds Us

Peggy Hall, Asst. Professor, OSUE Agricultural & Resource Law Program       .

Does an Ohio resident have a constitutional right to keep rabbits, goats, chickens, horses, cows, ducks, turkeys, geese or other fowl on his or her property?  No, according to a recent decision by Ohio’s Eighth District Court of Appeals.  Nor does a city ordinance that prohibits the keeping of such animals violate the federal or state constitutions.

A resident of Bedford, Ohio raised the challenge after being found guilty of a minor misdemeanor for keeping a pygmy goal and four chickens at his home, in contradiction to a city ordinance.  The resident claimed that the city ordinance violates the U.S. Constitution and Ohio Constitution, Article 1, Section 1, which provides:  “All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety.”

But the court noted that the Ohio Constitution also states in Article 1, Section 19 that “Private property shall ever be held inviolate, but subservient to the public welfare,”  which allows a law to interfere with private rights to accomplish a valid public welfare purpose.   Where a law does affect private rights, the court explained that it must scrutinize the law and its purpose.  Interferences with fundamental private  rights require the most strict scrutiny, but the court quickly followed precedents set by other Ohio courts to reiterate that the right to maintain animals is not a fundamental right.  Thus, under a lower level of judicial scrutiny, a law that interferes with the right to keep animals will be upheld if the law is “rationally related to a legitimate government interest.”  According to the court, the Bedford ordinance surpasses this test because the law protects the public from unsanitary conditions and noxious odors by prohibiting certain animals in an urban area.

All is not lost for city dwellers who want farm animals, however.  Recognizing the popularity of “urban farms” and “backyard chickens,” the court explained that residents in urban areas can petition their lawmakers to allow such animals as pets.  The local government could permit the animals while protecting public safety and welfare through building requirements or restrictions on the number of animals, the court explained.

The Bedford case is not unusual, but illustrates a continuing trend in conflicts over keeping animals in urban areas.  To read the court’s opinion, see City of Bedford v. James L. Deal, here.