New Standard for Lake Erie Water Withdrawl

Gov. John Kasich signed into law new standards for withdrawing water from Lake Erie yesterday, about 10 months after vetoing regulations that he didn’t think were strong enough.

Some argue that this revision isn’t strong enough, either.

House Bill 473 is designed to bring Ohio into compliance with the 2005 Great Lakes Compact, an agreement signed by Ohio, seven other states and two Canadian provinces and ratified by Congress to protect the Great Lakes from excessive water use in their basin, and to prohibit withdrawals outside the basin.

The new Ohio law allows companies and farms to withdraw 2.5 million gallons of water per day, averaged over 90 days, without a permit. It allows for 1 million gallons a day from rivers and streams feeding the lake, and 100,000 gallons a day from “high quality” streams.

The bill that Kasich vetoed in July would have allowed 5 million gallons to be withdrawn from Lake Erie without a permit.

When the legislature passed the revised bill in May, Kasich said that legislators, local officials, businesses and environmental advocates had crafted a bill that “provides strong protections for Lake Erie and its watershed. It meets federal obligations and supports Ohio’s need to boost job creation.”

The bill was among five signed by Kasich yesterday, including one that would eliminate Ohio’s cap on credit-card interest rates for in-state banks. Supporters argued that Ohio’s current 25-percent rate cap was “phantom protection” because the vast majority of credit card issuers are based outside Ohio and could ignore it.

Backers say the law removes a disadvantage that Ohio has with other states, 31 of which have passed similar laws. Central Ohio has 69,000 financial-services industry jobs, and some people hope that the law change could attract more, or at least stop financial-industry jobs from leaving. Huntington Bancshares supports the law and quietly suggested to lawmakers that it could help the bank decide where to place a new credit-card line that it hopes to start in mid-2013.

The Lake Erie bill was widely considered to be a significant improvement over the one Kasich vetoed last year. But groups including environmentalists and fishermen say it remains flawed.

Democrats, many of whom opposed the bill, tried unsuccessfully to make it more restrictive by reducing from 90 days to 60 the period of average daily water use considered in calculating whether a permit would be required. Critics have argued that the 90-day average could allow water users to make huge withdrawals over a few days.

“Unfortunately, mining, drilling, and bottling companies have undermined the interests of millions of anglers and boaters and the countless fish and wildlife that depend on a healthy Lake Erie,” said Kristy Meyer, director of agricultural and clean-water programs at the Ohio Environmental Council.

Critics also do no like that the law will not allow those with a recreational interest in the lake to appeal a water-withdrawal decision.

“The sportsmen of Ohio have a fundamental right to challenge a water use if it would impair our ability to enjoy the natural resources held in trust for all Ohioans,” said Rick Graham, president of the Izaak Walton League of America, Buckeye All State Chapter.

Former Govs. George V. Voinovich and Bob Taft expressed support for a shorter period of 30 days to calculate average water use, and they also called it a “troubling precedent” to eliminate appeal rights for those who use the lake for recreation.

Rep. Lynn Wachtmann, a Napoleon Republican, has said the bill “clearly strikes the right balance between protecting high-quality waters and ensuring our businesses can continue to create high-paying jobs.” As bill sponsor, he has drawn criticism for also owning a water-bottling company.

Kasich also signed a bill sponsored by Sen. Jim Hughes, R-Columbus, that will require used-car dealers who are new to the industry to complete a $99 training course. Developed by the Motor Vehicle Dealers Board, the course will last at least six hours and focus on the regulations they must follow.

In 2011, about 5,100 consumer complaints involving “motorized vehicles” were filed with the Ohio attorney general’s office, ranking the category first. It includes complaints about gasoline, rentals, sales of new and used vehicles and repairs.