IN HB1266 | 2019 | Regular Session

Status

Completed Legislative Action
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: Passed on May 5 2019 - 100% progression
Action: 2019-05-05 - Public Law 248
Text: Latest bill text (Enrolled) [PDF]

Summary

Sediment and erosion control in construction. Provides that a review authority (an MS4 community or a soil and water conservation district) to which a construction plan is submitted must make a preliminary determination whether the construction plan is substantially complete: (1) before the end of the tenth working day after the day on which the construction plan is submitted in the case of a small construction activity site (one at which construction results in land disturbance of at least one but less than five acres) or very small construction activity site (one at which construction results in land disturbance of less than one acre); or (2) before the end of the fourteenth working day after the day on which the construction plan is submitted in the case of a large construction activity site (one at which construction activities result in land disturbance of at least five acres). Provides that if a review authority to which a construction plan is submitted does not notify the project site owner before the end of the tenth or fourteenth working day (whichever applies) of its preliminary determination whether the construction plan is substantially complete, the project site owner may submit a notice of intent letter and, 48 hours later, may begin the construction project. Provides that an MS4 community may require erosion and sediment control measures at a very small construction activity site but that the control measures may not be more stringent than the control measures required at a small construction activity site by administrative rules or the general permit that will be issued by the department of environmental management (IDEM).Establishes minimum qualifications for an individual who begins employment after July 1, 2019, reviewing and making conclusive determinations concerning construction plans submitted to an MS4 community. Provides that if an MS4 community has made a conclusive favorable determination concerning a construction plan and work on the construction project has begun, the MS4 community may not order work on the construction project to stop on the grounds that the erosion and sediment control measures are not adequate unless the project site owner is notified in writing of the inadequacies and the inadequacies are not resolved within 72 hours. Provides that the general permit that will be issued by the department of environmental management to establish erosion and sediment control requirements for construction sites, to the extent allowed under federal law, must recognize and be consistent with these provisions.

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Title

Sediment and erosion control in construction. Provides that a review authority (an MS4 community or a soil and water conservation district) to which a construction plan is submitted must make a preliminary determination whether the construction plan is substantially complete: (1) before the end of the tenth working day after the day on which the construction plan is submitted in the case of a small construction activity site (one at which construction results in land disturbance of at least one but less than five acres) or very small construction activity site (one at which construction results in land disturbance of less than one acre); or (2) before the end of the fourteenth working day after the day on which the construction plan is submitted in the case of a large construction activity site (one at which construction activities result in land disturbance of at least five acres). Provides that if a review authority to which a construction plan is submitted does not notify the project site owner before the end of the tenth or fourteenth working day (whichever applies) of its preliminary determination whether the construction plan is substantially complete, the project site owner may submit a notice of intent letter and, 48 hours later, may begin the construction project. Provides that an MS4 community may require erosion and sediment control measures at a very small construction activity site but that the control measures may not be more stringent than the control measures required at a small construction activity site by administrative rules or the general permit that will be issued by the department of environmental management (IDEM).Establishes minimum qualifications for an individual who begins employment after July 1, 2019, reviewing and making conclusive determinations concerning construction plans submitted to an MS4 community. Provides that if an MS4 community has made a conclusive favorable determination concerning a construction plan and work on the construction project has begun, the MS4 community may not order work on the construction project to stop on the grounds that the erosion and sediment control measures are not adequate unless the project site owner is notified in writing of the inadequacies and the inadequacies are not resolved within 72 hours. Provides that the general permit that will be issued by the department of environmental management to establish erosion and sediment control requirements for construction sites, to the extent allowed under federal law, must recognize and be consistent with these provisions.

Sponsors


Roll Calls

2019-04-11 - House - House - House concurred in Senate amendments (Y: 62 N: 27 NV: 1 Abs: 10) [PASS]
2019-04-08 - Senate - Senate - Third reading (Y: 31 N: 18 NV: 0 Abs: 1) [PASS]
2019-04-01 - Senate - Senate - Committee Vote (Y: 7 N: 4 NV: 0 Abs: 0) [PASS]
2019-02-05 - House - Third reading (Y: 68 N: 27 NV: 1 Abs: 4) [PASS]
2019-01-30 - House - House - Committee Vote (Y: 9 N: 3 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2019-05-05HousePublic Law 248
2019-05-05HouseSigned by the Governor
2019-04-30SenateSigned by the President of the Senate
2019-04-18SenateSigned by the President Pro Tempore
2019-04-18HouseSigned by the Speaker
2019-04-11HouseHouse concurred in Senate amendments; Roll Call 508: yeas 62, nays 27
2019-04-11HouseMotion to concur filed
2019-04-09SenateReturned to the House with amendments
2019-04-08SenateThird reading: passed; Roll Call 403: yeas 31, nays 18
2019-04-04SenateAmendment #3 (Tallian) failed; voice vote
2019-04-04SenateAmendment #2 (Lanane) failed; voice vote
2019-04-04SenateAmendment #1 (Doriot) prevailed; voice vote
2019-04-04SenateSecond reading: amended, ordered engrossed
2019-04-02SenateCommittee report: amend do pass, adopted
2019-03-18SenateSenator Messmer added as second sponsor
2019-02-27SenateFirst reading: referred to Committee on Environmental Affairs
2019-02-06HouseReferred to the Senate
2019-02-05HouseSenate sponsor: Senator Doriot
2019-02-05HouseThird reading: passed; Roll Call 106: yeas 68, nays 27
2019-02-04HouseRepresentative Wolkins added as coauthor
2019-02-04HouseSecond reading: ordered engrossed
2019-01-31HouseCommittee report: amend do pass, adopted
2019-01-29HouseRepresentative Hatfield added as coauthor
2019-01-10HouseFirst reading: referred to Committee on Environmental Affairs
2019-01-10HouseAuthored by Representative Miller D

Indiana State Sources

TypeSource
Summaryhttp://iga.in.gov/legislative/2019/bills/house/1266/
Texthttp://iga.in.gov/static-documents/9/a/2/c/9a2c8610/HB1266.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/9/5/b/0/95b0c602/HB1266.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/7/0/d/f/70dfa94b/HB1266.02.COMH.pdf
Texthttp://iga.in.gov/static-documents/5/0/7/4/5074fb1c/HB1266.02.COMH.pdf
Texthttp://iga.in.gov/static-documents/9/c/a/4/9ca4c639/HB1266.03.COMS.pdf
Texthttp://iga.in.gov/static-documents/3/a/e/f/3aef6270/HB1266.03.COMS.pdf
Texthttp://iga.in.gov/static-documents/8/7/1/5/87154aca/HB1266.04.ENGS.pdf
Texthttp://iga.in.gov/static-documents/9/9/2/4/992479fb/HB1266.04.ENGS.pdf
Texthttp://iga.in.gov/static-documents/c/4/d/1/c4d15ad8/HB1266.05.ENRS.pdf
Roll Callhttp://iga.in.gov/static-documents/8/5/e/9/85e98514/HB1266.01.INTR.00.pdf
Roll Callhttp://iga.in.gov/static-documents/a/0/a/3/a0a3d8e8/HB1266.106.pdf
Roll Callhttp://iga.in.gov/static-documents/e/d/d/3/edd315d1/HB1266.02.COMH.00.pdf
Roll Callhttp://iga.in.gov/static-documents/d/7/c/1/d7c178c5/HB1266.403.pdf
Roll Callhttp://iga.in.gov/static-documents/3/0/3/2/3032e45f/HB1266.508.pdf

Bill Comments

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