Comments: IN HB1278 | 2019 | Regular Session

Bill Title: Environmental matters. Establishes the 15 member 21st century energy policy development task force (task force). Requires the task force to: (1) examine and evaluate specified aspects of the state's policies concerning electric generation portfolios; (2) develop recommendations for the general assembly and the governor concerning any identified challenges with respect to Indiana's electric generation portfolios; and (3) issue a report setting forth the task force's recommendations not later than December 1, 2020. Requires the utility regulatory commission (IURC), before July 1, 2020, to conduct a comprehensive study of the statewide impacts of: (1) transitions in the fuel sources and other resources used to generate electricity by electric utilities; and (2) new and emerging technologies for the generation of electricity; on electric generation capacity, system reliability, system resilience, and the cost of electric utility service. Requires the IURC to provide a final report on its study to the governor, the legislative council, and the 21st century energy policy development task force not later than July 1, 2020. Replaces the term "wastewater management vehicle" with the term "septage management vehicle". Changes the membership of the environmental rules board (board) by adding one representative of the residential or commercial construction industry and removing the state health commissioner as an ex officio member. Requires certain reports concerning public water systems to be submitted to the department of environmental management (IDEM) electronically. Eliminates record keeping requirements relating to solid waste transported outside Indiana for final disposal. Revises the law concerning the assessment of the state solid waste management fee. Changes the deadline for IDEM's annual assessment of hazardous waste annual operation fees. Provides that the administrator of the underground petroleum storage tank excess liability trust fund (ELTF) is required, not more than 45 business days after a claim on the ELTF is submitted, to: (1) approve the claim; (2) notify the claimant that a correction, a clarification, or additional information is needed; or (3) deny the claim. Provides that IDEM, rather than the board, is to deposit solid waste fees in the waste facility operator trust fund. Provides for IDEM to receive payment of solid waste fees by electronic fund transfer. Authorizes the board to adopt rules that increase the amounts of environmental fees. Requires the board, in changing the amount of a fee, to take into account the cost to IDEM of amendments, modifications, and renewals of a permit, license, or approval. Provides that a fee established by the board for a type or class of permit: (1) may be set at a particular amount in consideration of the type and amount of discharge or emission to which the permit relates; and (2) may not be different in amount for public sector permit holders than for private sector permit holders unless the difference is specifically authorized by law. Requires IDEM to arrange for an independent study of certain IDEM costs and to develop other information relevant to fees. Provides that all fee amounts set forth numerically in Title 13 of the Indiana Code are minimum amounts and that the board may increase the amount of a fee even though the minimum amount of the fee is set forth numerically in Title 13. Provides that the board may not increase an environmental fee: (1) more than once in five years; or (2) by more than 10%. Requires the board to adopt rules to implement a one-time increase in fees before January 1, 2022, and provides that: (1) the pre-2022 increase in the confined feeding operation, NPDES, safe drinking water act, solid waste, and hazardous waste program fees must be calculated to cause an increase in annual aggregate fee revenue of $3,200,000; and (2) the pre-2022 increase in the air pollution control program fees must be calculated to cause an increase in annual aggregate fee revenue of $2,000,000.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-05-05 - Public Law 250 [HB1278 Detail]

Text: Latest bill text (Enrolled) [PDF]

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