Gov. John Kasich targets farm nutrient runoff into Lake Erie in executive order

Gov. John Kasich on Wednesday signed an executive order establishing greater state control over farm nutrient runoff into Lake Erie.(Jackie Borchardt, cleveland.com)

COLUMBUS, Ohio - Gov. John Kasich signed an executive order Wednesday to reduce agricultural runoff that contributes to toxic algae in Lake Erie by tightening state oversight in eight Northwest Ohio watersheds.

The order, signed Wednesday afternoon, designates eight "watersheds in distress" and allows the Ohio Department of Agriculture to set requirements for storing, handling and applying manure as well as nutrient management plans that detail how farms manage plant nutrients. It will affect 7,000 farms across 2 million acres.

"We love the farmers and they're great people," Kasich said. "And I believe that most of them do not want to engage in anything that's going to be destructive to the environment."

The order comes in advance of a report the Kasich administration says shows improvement in Lake Erie water quality but not enough to meet the state's commitment to reducing phosphorus entering the western basin by 40 percent by 2025.

The plan needs the approval of the Ohio Soil and Water Conservation Commission. It was swiftly praised by the Ohio Environmental Council and the Lake Erie Foundation, but the state's agriculture groups were notably absent from the public signing event.

Two weeks ago, the Ohio Farm Bureau, Ohio AgriBusiness Association, Ohio Pork Council and others called on Kasich to work with farmers before taking action. Kasich said the order isn't anti-farmer, and he's concerned "special interest groups" will work to roll it back.

"If there is some boneheaded provision in what we want to do with farmers and they want to restore common sense where they think there is none, we're for that," Kasich said. "Don't say no, never, nohow -- that's not acceptable. We gave people a long time to come to the table to get this done and they were not there."

Ohio Livestock Coalition President Scott Higgins said his organization has a very special interest in the more than 70,000 family farmers working across the state, as well as the production of safe, affordable food and preserving the environment for future generations. Higgins said it will take time to fully understand the implications of the executive order.

Farm Bureau spokesman Joe Cornely also said it's tough to assess the order without knowing more details of the administration's plans.

"Eight years ago, the governor made a promise that rule-making would be inclusive and transparent, and this was anything but," Cornely said. "We tried to reach out during this process and there was no reply. We're hopeful that going forward there's going to be more room for conversation."

Cornely said farmers support nutrient management plans, and the bureau is getting ready to launch a program to help them write those plans.

Kasich also signed Senate Bill 299, called the Clean Lake 2020 Plan, on Wednesday. The new law appropriates $36 million for water quality improvement efforts. Agriculture Director David Daniels said some of that money can be used to help farmers adopt best practices required by the nutrient plans.

Specifically, $3.5 million was targeted for soil and water conservation district personnel and services to assist farmers and $20 million was set aside for capital improvements, which Daniels said could be loaned to farmers for new equipment.

Daniels said the new rules, which would be approved this fall, would be in place for the 2020 crop.

Advocates for a Clean Lake Erie Coordinator Mike Ferner said the executive order is unlikely to result in drastic improvements to the watershed. Ferner said nutrient management plans are unenforceable and comprehensive water testing to show the sources of pollution would be a better investment.

"Kasich's statements today proved that he is doing all in his power to deflect attention away from the confined animal feeding operations that annually dump hundreds of millions of gallons of untreated feces, urine and antibiotic-resistant bacteria on fields draining into Lake Erie," Ferner said in a statement.

The state has invested $3 billion in water quality since 2010, according to the Kasich administration, but most of that has gone toward wastewater treatment improvements.

Cornely said agriculture received about 1 percent of that funding and will need much more than the Clean Lake 2020 law provides to make the changes Kasich seeks.

"We're curious why we weren't a priority when it was a time to provide resources, but we jump to the top when it's time to slap on regulation," Cornely said.

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