Bill Text: IN HB1002 | 2012 | Regular Session | Amended
Bill Title: Elimination of commissions, boards, and committees.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Enrolled - Dead) 2012-03-19 - Signed by the Governor [HB1002 Detail]
Download: Indiana-2012-HB1002-Amended.html
Citations Affected: Numerous provisions throughout the Indiana
Code.
Effective: Upon passage; July 1, 2012; January 1, 2013.
January 9, 2012, read first time and referred to Select Committee on Government
Reduction.
January 23, 2012, amended, reported _ Do Pass.
Digest Continued
conforming technical changes. Repeals the law that establishes the tobacco farmers and rural community impact fund. Repeals the law that allows a distressed political subdivision to appeal if the subdivision's property tax collections are reduced by at least 5% in a calendar year as a result of the application of certain tax credits. Repeals the law that allows certain political subdivisions to borrow money for rural community water supply systems. Repeals the capital investment tax credit. Removes obsolete references to the abandoned railroad corridors board. Repeals certain statutes creating the following boards of the department of environmental management: (1) Air pollution control. (2) Water pollution control. (3) Financial assurance. (4) Solid waste management board (collectively, the repealed boards). Defines "board" to exclude the repealed boards. Establishes the environmental rules board (consolidated board). Requires the consolidated board to use rulemaking procedures to adopt rules. Transfers to the board duties of the department of environmental management to adopt certain rules related to: (1) treatment plant or water distribution systems certification programs; and (2) the waste tire management fund. Transfers certain powers and duties of the repealed boards to the consolidated board. Broadens the requirements for the appointment of one member of the board of animal health. Repeals the following committees, commissions, and boards: (1) Office of community and rural affairs advisory council. (2) Tobacco farmers and rural community impact fund. (3) Indiana arts commission trust fund board. (4) Council on library automation. (5) Library advisory council. (6) Law enforcement, school policing, and youth work group. (7) Affordable housing and community development fund advisory committee. (8) Indiana tourism council. (9) Indiana health informatics corporation. (10) Ohio River bridges project commission. (11) Veterans' home advisory committee. (12) Mental health corrections quality advisory committee. (13) Distressed unit appeal board. (14) Department of local government finance rule adoption committee. (15) Natural resources advisory council. (16) Courthouse preservation advisory commission. (17) Rural community water supply loan program. (18) Water shortage task force. (19) Water resources task force. (20) Corporation for educational technology. (21) Educational technology council. (22) School air quality panel. (23) Building and trades advisory committee. Makes conforming changes.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration and to make an appropriation.
(b) This chapter does not apply to the following:
(1) The legislative council and code revision commission (IC 2-5-1.1).
(2) The public officers compensation advisory commission
(3) The commission on interstate cooperation (IC 2-5-2).
(4) The commission on state tax and financing policy (IC 2-5-3).
(5) The natural resources study committee (IC 2-5-5).
(6) The pension management oversight commission (IC 2-5-12).
(7) The probate code study commission (IC 2-5-16).
(8) The administrative rules oversight committee (IC 2-5-18).
(9) The census data advisory committee (IC 2-5-19).
(10) The commission on military and veterans affairs (IC 2-5-20).
(11) A committee covered by IC 2-5-21.
(12) The health finance commission (IC 2-5-23).
(13) The water resources study committee (IC 2-5-25).
(14) The select joint commission on Medicaid oversight (IC 2-5-26).
(15) The commission on developmental disabilities (IC 2-5-27.2).
Chapter 1.6. Public Officers Compensation Advisory Commission
Sec. 1. As used in this chapter, "commission" refers to the public officers compensation advisory commission established by section 6 of this chapter.
Sec. 1.5. As used in this chapter, "compensation" refers to all of the following elements of compensation:
(1) Salary.
(2) Deferred compensation.
(3) Health, vision, and dental insurance.
(4) Pension and other retirement benefits.
(5) Any other:
(A) amount paid to an individual; or
(B) benefit provided to an individual;
to compensate the individual for services provided as a public officer.
Sec. 1.7. As used in this chapter, "compensation value" means the dollar value of all elements of compensation for a public officer.
Sec. 2. As used in this chapter, "growth rate" refers to the rate of change in Indiana nonfarm income determined by the Bureau of Economic Analysis of the United States Department of Commerce.
Sec. 3. As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13.
Sec. 4. As used in this chapter, "public employee" refers to any of the following:
(1) An employee of the state.
(2) An employee of a political subdivision.
(3) An employee of any other entity whose salary is paid in any part from funds derived from taxes imposed by the state or a political subdivision.
Sec. 5. As used in this chapter, "public officer" refers to any of the following:
(1) The governor.
(2) The lieutenant governor.
(3) The secretary of state.
(4) The auditor of state.
(5) The treasurer of state.
(6) The attorney general.
(7) The state superintendent of public instruction.
(8) A justice of the supreme court of Indiana.
(9) A judge of the court of appeals of Indiana.
(10) A judge of the Indiana tax court.
(11) A judge of a circuit, superior, or probate court.
(12) A member of the general assembly.
Sec. 6. There is established the public officers compensation advisory commission.
Sec. 7. (a) The commission consists of the following members:
(1) Two (2) members appointed by the speaker of the house of representatives. The members appointed under this subdivision may not be members of the same political party.
(2) Two (2) members appointed by the president pro tempore of the senate. The members appointed under this subdivision may not be members of the same political party.
(3) Two (2) members appointed by the governor. The members appointed under this subdivision may not be members of the same political party.
(4) Two (2) members appointed by the chief justice of the supreme court of Indiana. The members appointed under this subdivision may not be members of the same political party.
(5) One (1) member appointed by the chief judge of the court of appeals of Indiana.
(b) The following may not be a commission member:
(1) A public officer.
(2) A public employee.
(3) An individual who has a pecuniary interest in the salary of
a public officer. For purposes of this subdivision, an
individual has a pecuniary interest in the salary of a public
officer if an increase in the salary of a public officer will result
in an ascertainable increase in the income or net worth of the
individual.
Sec. 8. (a) The term of a commission member begins on the later
of the following:
(1) July 1 after the member is appointed.
(2) The day the member accepts the member's appointment.
(b) The term of a commission member expires on July 1 of the
fourth year after the year the member's term begins.
(c) A member may be reappointed to serve a new term.
Sec. 9. (a) If there is a vacancy on the commission, the public
officer who appointed the member whose position is vacant shall
appoint an individual to fill the vacancy.
(b) The member appointed under this section shall fill the
vacancy for the remainder of the unexpired term.
Sec. 10. (a) Before July 1 of each odd-numbered year, the
chairman of the legislative council shall appoint one (1) member to
be chair of the commission.
(b) The member appointed as chair of the commission serves as
chair beginning July 1 after appointment.
(c) A member of the commission may be reappointed as chair of
the commission.
Sec. 11. Five (5) commission members constitute a quorum. The
affirmative votes of at least five (5) commission members are
necessary for the commission to take official action other than to
adjourn or to meet to hear reports or testimony.
Sec. 12. The commission shall meet at the call of the chair and
at other times as the commission considers necessary.
Sec. 13. Each member of the commission is entitled to the
following:
(1) The salary per diem provided under IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses as provided under
IC 4-13-1-4.
(3) Other expenses actually incurred in connection with the
member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
Sec. 14. The legislative services agency shall provide
administrative support for the commission. At the request of the
legislative services agency, the state personnel department or the
Indiana judicial center established by IC 33-38-9-4 shall assign
staff to provide research and other support to assist the legislative
services agency in providing administrative support to the
commission.
Sec. 15. The legislative services agency may contract with
consultants on behalf of the commission, as the commission
considers necessary, to implement this chapter.
Sec. 16. Except as otherwise provided by this chapter, the
commission is subject to the rules of the legislative council.
Sec. 17. The commission shall make reports to the general
assembly as required by this chapter or by the legislative council.
The reports to the legislative council must be in an electronic
format under IC 5-14-6.
Sec. 18. The commission shall meet at least one (1) time not later
than July 1 of each even-numbered year to do the following:
(1) For each public officer listed in section 5 of this chapter,
determine the most recent year that the compensation value
for the public officer increased.
(2) Receive information relating to the compensation of public
officers.
(3) Consider recommendations for suitable compensation for
public officers.
(4) Take testimony relating to the compensation of public
officers.
Sec. 19. (a) Not later than September 1 of each even-numbered
year, the commission shall make written recommendations to the:
(1) legislative council; and
(2) budget committee;
concerning suitable elements of compensation for public officers.
The recommendations to the legislative council must be in an
electronic format under IC 5-14-6.
(b) When making recommendations, the commission shall do
the following:
(1) Make a separate recommendation of compensation value,
which may include a recommendation for no adjustment of
compensation value, for each separate public officer listed in
section 5 of this chapter. The commission may not recommend
an increase in the compensation value for a public officer to
an amount that exceeds the compensation value the public
officer would receive if the compensation value for the public
officer increased each year since the most recent year the
public officer received an increase in compensation value by
the growth rate for each respective year.
(2) Recommend maintaining or abolishing existing elements
of compensation or establishing new elements of
compensation.
(3) Recommend a compensation plan that enables an
individual who is a public officer to select elements of
compensation to meet the individual's own circumstances
while ensuring that individuals who hold the same public
office receive compensation of equal compensation value.
(4) Make other recommendations the commission considers
useful to provide suitable compensation for public officers.
Sec. 20. For purposes of this chapter, a health care adjustment
under IC 33-38-5-8.2 is considered part of the compensation of a
public officer who is a judicial officer.
Sec. 21. A commission recommendation does not take effect
unless enacted by the general assembly.
Sec. 22. There is annually appropriated to the legislative
services agency from the state general fund money necessary for
the operation of the commission.
Sec. 23. Notwithstanding IC 1-1-1-8, the provisions of this
chapter are not severable.
SECTION 4. IC 4-4-31.4 IS REPEALED [EFFECTIVE JULY 1, 2012]. (Native American Indian Affairs Commission).
(b) The office of environmental adjudication shall:
(1) conduct adjudicatory hearings required to implement:
(A) air pollution control laws (as defined in IC 13-11-2-6), water pollution control laws (as defined in IC 13-11-2-261), environmental management laws (as defined in IC 13-11-2-71), and IC 13-19;
(B) rules of the board (as defined in IC 13-13-8-1); and
(C) agency action of the department of environmental management; and
(2) notify a board referred to in subdivision (1)(B) of a final order of the office of environmental adjudication that interprets:
(A) a rule of the board; or
(B) a statute under which a rule of the board is authorized.
(1) A rule for which the notice required by section 23 of this chapter or by IC 13-14-9-3 is published by an agency or
(2) A rule for which:
(A) the notice required by IC 13-14-9-3; or
(B) an appropriate later notice for circumstances described in subsection (g);
is published by the department of environmental management after June 30, 2006.
(b) As used in this section, "coordinator" refers to the small business regulatory coordinator assigned to a rule by an agency under subsection (e).
(c) As used in this section, "director" refers to the director or other administrative head of an agency.
(d) As used in this section, "small business" has the meaning set forth in IC 5-28-2-6.
(e) For each rulemaking action and rule finally adopted as a result of a rulemaking action by an agency under this chapter, the agency shall assign one (1) staff person to serve as the agency's small business regulatory coordinator with respect to the proposed or adopted rule. The agency shall assign a staff person to a rule under this subsection based on the person's knowledge of, or experience with, the subject matter of the rule. A staff person may serve as the coordinator for more than one (1) rule proposed or adopted by the agency if the person is qualified by knowledge or experience with respect to each rule. Subject to subsection (f):
(1) in the case of a proposed rule, the notice of intent to adopt the rule published under section 23 of this chapter; or
(2) in the case of a rule proposed by the department of environmental management or
must include the name, address, telephone number, and electronic mail address of the small business coordinator for the proposed rule, the name, address, telephone number, and electronic mail address of the small business ombudsman designated under IC 5-28-17-5, and a statement of the resources available to regulated entities through the small business ombudsman designated under IC 5-28-17-5. Subject to subsection (f), in the case of a rule finally adopted, the final rule, as published in the Indiana Register, must include the name, address, telephone number, and electronic mail address of the coordinator.
(f) This subsection applies to a rule adopted by the department of environmental management or
(1) a statement of the resources available to regulated entities through the technical and compliance assistance program established under IC 13-28-3;
(2) the name, address, telephone number, and electronic mail address of the ombudsman designated under IC 13-28-3-2;
(3) if applicable, a statement of:
(A) the resources available to small businesses through the small business stationary source technical assistance program established under IC 13-28-5; and
(B) the name, address, telephone number, and electronic mail address of the ombudsman for small business designated under IC 13-28-5-2(3); and
(4) the information required by subsection (e).
The coordinator assigned to the rule under subsection (e) shall work with the ombudsman described in subdivision (2) and the office of voluntary compliance established by IC 13-28-1-1 to coordinate the provision of services required under subsection (h) and IC 13-28-3. If applicable, the coordinator assigned to the rule under subsection (e) shall work with the ombudsman referred to in subdivision (3)(B) to
coordinate the provision of services required under subsection (h) and
IC 13-28-5.
(g) If the notice provided under IC 13-14-9-3 is not published as
allowed by IC 13-14-9-7, the department of environmental
management shall publish in the notice provided under IC 13-14-9-4
the information that subsection (f) would otherwise require to be
published in the notice under IC 13-14-9-3. If neither the notice under
IC 13-14-9-3 nor the notice under IC 13-14-9-4 is published as allowed
by IC 13-14-9-8, the department of environmental management shall
publish in the commissioner's written findings under IC 13-14-9-8(b)
the information that subsection (f) would otherwise require to be
published in the notice under IC 13-14-9-3.
(h) The coordinator assigned to a rule under subsection (e) shall
serve as a liaison between the agency and any small business subject
to regulation under the rule. The coordinator shall provide guidance to
small businesses affected by the rule on the following:
(1) Any requirements imposed by the rule, including any
reporting, record keeping, or accounting requirements.
(2) How the agency determines or measures compliance with the
rule, including any deadlines for action by regulated entities.
(3) Any penalties, sanctions, or fines imposed for noncompliance
with the rule.
(4) Any other concerns of small businesses with respect to the
rule, including the agency's application or enforcement of the rule
in particular situations. However, in the case of a rule adopted
under IC 13-14-9, the coordinator assigned to the rule may refer
a small business with concerns about the application or
enforcement of the rule in a particular situation to the ombudsman
designated under IC 13-28-3-2 or, if applicable, under
IC 13-28-5-2(3).
(i) The coordinator assigned to a rule under subsection (e) shall
provide guidance under this section in response to questions and
concerns expressed by small businesses affected by the rule. The
coordinator may also issue general guidelines or informational
pamphlets to assist small businesses in complying with the rule. Any
guidelines or informational pamphlets issued under this subsection
shall be made available:
(1) for public inspection and copying at the offices of the agency
under IC 5-14-3; and
(2) electronically through electronic gateway access.
(j) The coordinator assigned to a rule under subsection (e) shall
keep a record of all comments, questions, and complaints received
from small businesses with respect to the rule. The coordinator shall
deliver the record, along with any accompanying documents submitted
by small businesses, to the director:
(1) not later than ten (10) days after the date on which the rule is
submitted to the publisher under section 35 of this chapter; and
(2) before July 15 of each year during which the rule remains in
effect.
The coordinator and the director shall keep confidential any
information concerning a small business to the extent that the
information is exempt from public disclosure under IC 5-14-3-4.
(k) Not later than November 1 of each year, the director shall:
(1) compile the records received from all of the agency's
coordinators under subsection (j);
(2) prepare a report that sets forth:
(A) the number of comments, complaints, and questions
received by the agency from small businesses during the most
recent state fiscal year, categorized by the subject matter of the
rules involved;
(B) the number of complaints or questions reported under
clause (A) that were resolved to the satisfaction of the agency
and the small businesses involved;
(C) the total number of staff serving as coordinators under this
section during the most recent state fiscal year;
(D) the agency's costs in complying with this section during
the most recent state fiscal year; and
(E) the projected budget required by the agency to comply
with this section during the current state fiscal year; and
(3) deliver the report to the legislative council in an electronic
format under IC 5-14-6 and to the small business ombudsman
designated by IC 5-28-17-5.
(b) As used in this section, "small business" has the meaning set forth in section 28.1(d) of this chapter.
(c) Except as provided in subsection (d), a small business that voluntarily provides notice to an agency of the small business's actual
or potential violation of a rule adopted by the agency under this chapter
is immune from civil or criminal liability resulting from an agency
action relating to the violation if the small business does the following:
(1) Provides written notice of the violation to the agency not later
than forty-five (45) days after the small business knew or should
have known that the violation occurred.
(2) Corrects the violation within a time agreed to by the agency
and the small business. However, the small business shall be
given at least ninety (90) days after the date of the notice
described in subdivision (1) to correct the violation. The small
business may correct the violation at any time before the
expiration of the period agreed to under this subdivision.
(3) Cooperates with any reasonable request by the agency in any
investigation initiated in response to the notice.
(d) A small business is not immune from civil or criminal liability
relating to a violation of which the small business provides notice
under subsection (c) if any of the following apply:
(1) The violation resulted in serious harm or in imminent and
substantial endangerment to the public health, safety, or welfare.
(2) The violation resulted in a substantial economic benefit that
afforded the small business a clear advantage over the small
business's competitors.
(3) The small business has a pattern of continuous or repeated
violations of the rule at issue or any other rules of the agency.
(e) Information that a small business provides under this section,
including actions and documents that identify or describe the small
business, to an agency in providing notice of the small business's actual
or potential violation of a rule adopted by the agency is confidential,
unless a clear and immediate danger to the public health, safety, or
welfare or to the environment exists. Information described in this
subsection may not be made available for use by the agency for
purposes other than the purposes of this section without the consent of
the small business.
(f) Voluntary notice of an actual or a potential violation of a rule
that is provided by a small business under subsection (c) is not
admissible as evidence in a proceeding, other than an agency
proceeding, to prove liability for the rule violation or the effects of the
rule violation.
(1) An order adopted by the commissioner of the Indiana department of transportation under IC 9-20-1-3(d) or IC 9-21-4-7(a) and designated by the commissioner as an emergency rule.
(2) An action taken by the director of the department of natural resources under IC 14-22-2-6(d) or IC 14-22-6-13.
(3) An emergency temporary standard adopted by the occupational safety standards commission under IC 22-8-1.1-16.1.
(4) An emergency rule adopted by the
(5) A rule, other than a rule described in subdivision (6), adopted by the department of financial institutions under IC 24-4.5-6-107 and declared necessary to meet an emergency.
(6) A rule required under IC 24-4.5-1-106 that is adopted by the department of financial institutions and declared necessary to meet an emergency under IC 24-4.5-6-107.
(7) A rule adopted by the Indiana utility regulatory commission to address an emergency under IC 8-1-2-113.
(8) An emergency rule adopted by the state lottery commission under IC 4-30-3-9.
(9) A rule adopted under IC 16-19-3-5 or IC 16-41-2-1 that the executive board of the state department of health declares is necessary to meet an emergency.
(10) An emergency rule adopted by the Indiana finance authority under IC 8-21-12.
(11) An emergency rule adopted by the insurance commissioner under IC 27-1-23-7 or IC 27-1-12.1.
(12) An emergency rule adopted by the Indiana horse racing commission under IC 4-31-3-9.
(13) An emergency rule adopted by the
(A) the variance procedures are included in the rules; and
(B) permits or licenses granted during the period the emergency rule is in effect are reviewed after the emergency rule expires.
(14) An emergency rule adopted by the Indiana election commission under IC 3-6-4.1-14.
(15) An emergency rule adopted by the department of natural resources under IC 14-10-2-5.
(16) An emergency rule adopted by the Indiana gaming commission under IC 4-32.2-3-3(b), IC 4-33-4-2, IC 4-33-4-3, IC 4-33-4-14, IC 4-33-22-12, or IC 4-35-4-2.
(17) An emergency rule adopted by the alcohol and tobacco commission under IC 7.1-3-17.5, IC 7.1-3-17.7, or IC 7.1-3-20-24.4.
(18) An emergency rule adopted by the department of financial institutions under IC 28-15-11.
(19) An emergency rule adopted by the office of the secretary of family and social services under IC 12-8-1-12.
(20) An emergency rule adopted by the office of the children's health insurance program under IC 12-17.6-2-11.
(21) An emergency rule adopted by the office of Medicaid policy and planning under IC 12-15-41-15.
(22) An emergency rule adopted by the Indiana state board of animal health under IC 15-17-10-9.
(23) An emergency rule adopted by the board of directors of the Indiana education savings authority under IC 21-9-4-7.
(24) An emergency rule adopted by the Indiana board of tax review under IC 6-1.1-4-34 (repealed).
(25) An emergency rule adopted by the department of local government finance under IC 6-1.1-4-33 (repealed).
(26) An emergency rule adopted by the boiler and pressure vessel rules board under IC 22-13-2-8(c).
(27) An emergency rule adopted by the Indiana board of tax review under IC 6-1.1-4-37(l) (repealed) or an emergency rule adopted by the department of local government finance under IC 6-1.1-4-36(j) (repealed) or IC 6-1.1-22.5-20.
(28) An emergency rule adopted by the board of the Indiana economic development corporation under IC 5-28-5-8.
(29) A rule adopted by the department of financial institutions under IC 34-55-10-2.5.
(30) A rule adopted by the Indiana finance authority:
(A) under IC 8-15.5-7 approving user fees (as defined in IC 8-15.5-2-10) provided for in a public-private agreement under IC 8-15.5;
(B) under IC 8-15-2-17.2(a)(10):
(i) establishing enforcement procedures; and
(ii) making assessments for failure to pay required tolls;
(C) under IC 8-15-2-14(a)(3) authorizing the use of and
establishing procedures for the implementation of the
collection of user fees by electronic or other nonmanual
means; or
(D) to make other changes to existing rules related to a toll
road project to accommodate the provisions of a public-private
agreement under IC 8-15.5.
(31) An emergency rule adopted by the board of the Indiana
health informatics corporation under IC 5-31-5-8 before its
repeal.
(32) An emergency rule adopted by the department of child
services under IC 31-25-2-21, IC 31-27-2-4, IC 31-27-4-2, or
IC 31-27-4-3.
(33) An emergency rule adopted by the Indiana real estate
commission under IC 25-34.1-2-5(15).
(34) A rule adopted by the department of financial institutions
under IC 24-4.4-1-101 and determined necessary to meet an
emergency.
(35) An emergency rule adopted by the state board of pharmacy
regarding returning unused medication under IC 25-26-23.
(36) An emergency rule adopted by the department of local
government finance under IC 6-1.1-12.6 or IC 6-1.1-12.8.
(37) An emergency rule adopted by the office of the secretary of
family and social services or the office of Medicaid policy and
planning concerning the following:
(A) Federal Medicaid waiver program provisions.
(B) Federal programs administered by the office of the
secretary.
(b) The following do not apply to rules described in subsection (a):
(1) Sections 24 through 36 of this chapter.
(2) IC 13-14-9.
(c) After a rule described in subsection (a) has been adopted by the
agency, the agency shall submit the rule to the publisher for the
assignment of a document control number. The agency shall submit the
rule in the form required by section 20 of this chapter and with the
documents required by section 21 of this chapter. The publisher shall
determine the format of the rule and other documents to be submitted
under this subsection.
(d) After the document control number has been assigned, the
agency shall submit the rule to the publisher for filing. The agency
shall submit the rule in the form required by section 20 of this chapter
and with the documents required by section 21 of this chapter. The
publisher shall determine the format of the rule and other documents
to be submitted under this subsection.
(e) Subject to section 39 of this chapter, the publisher shall:
(1) accept the rule for filing; and
(2) electronically record the date and time that the rule is
accepted.
(f) A rule described in subsection (a) takes effect on the latest of the
following dates:
(1) The effective date of the statute delegating authority to the
agency to adopt the rule.
(2) The date and time that the rule is accepted for filing under
subsection (e).
(3) The effective date stated by the adopting agency in the rule.
(4) The date of compliance with every requirement established by
law as a prerequisite to the adoption or effectiveness of the rule.
(g) Subject to subsection (h), IC 14-10-2-5, IC 14-22-2-6,
IC 22-8-1.1-16.1, and IC 22-13-2-8(c), and except as provided in
subsections (j), (k), and (l), a rule adopted under this section expires
not later than ninety (90) days after the rule is accepted for filing under
subsection (e). Except for a rule adopted under subsection (a)(13),
(a)(24), (a)(25), or (a)(27), the rule may be extended by adopting
another rule under this section, but only for one (1) extension period.
The extension period for a rule adopted under subsection (a)(28) may
not exceed the period for which the original rule was in effect. A rule
adopted under subsection (a)(13) may be extended for two (2)
extension periods. Subject to subsection (j), a rule adopted under
subsection (a)(24), (a)(25), or (a)(27) may be extended for an unlimited
number of extension periods. Except for a rule adopted under
subsection (a)(13), for a rule adopted under this section to be effective
after one (1) extension period, the rule must be adopted under:
(1) sections 24 through 36 of this chapter; or
(2) IC 13-14-9;
as applicable.
(h) A rule described in subsection (a)(8), (a)(12), (a)(19), (a)(20),
(a)(21), (a)(29), or (a)(37) expires on the earlier of the following dates:
(1) The expiration date stated by the adopting agency in the rule.
(2) The date that the rule is amended or repealed by a later rule
adopted under sections 24 through 36 of this chapter or this
section.
(i) This section may not be used to readopt a rule under IC 4-22-2.5.
(j) A rule described in subsection (a)(24) or (a)(25) expires not later
than January 1, 2006.
(k) A rule described in subsection (a)(28) expires on the expiration
date stated by the board of the Indiana economic development
corporation in the rule.
(l) A rule described in subsection (a)(30) expires on the expiration
date stated by the Indiana finance authority in the rule.
(m) A rule described in subsection (a)(5) or (a)(6) expires on the
date the department is next required to issue a rule under the statute
authorizing or requiring the rule.
(b) The
(1) Establish a policy for the investment of assets of the fund.
(2) Acquire money for the fund through the solicitation of private or public donations and other revenue producing activities.
(3) Perform other tasks consistent with prudent management and development of the fund.
(b) The expenses of administering the fund and this chapter shall be paid from the fund.
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public trust funds are invested. Interest that accrues from these investments shall be deposited in the fund.
report distributed under this section to the general assembly must be in
an electronic format under IC 5-14-6.
(b) The board
(b) The expenses of the commission shall be paid from appropriations made to the
1, 2012]:
Chapter 31. Commission on the Social Status of Black Males
Sec. 1. The 1992 interim study committee created by the
legislative council, on the problems of black males, found that the
following conditions exist:
(1) Statistical studies chronicling the status of black males in
American society reveal startling and disturbing conditions
and trends.
(2) By all indicia measuring achievement, success, and quality
of life in American society, black males are facing a
prodigious struggle for survival while fighting formidable
opponents.
(3) Black males make up only five and one-half percent
(5.5%) of the population of the United States but are the
victims of forty-four percent (44%) of the nation's homicides
annually and comprise forty-six percent (46%) of the nation's
prison population.
(4) Statistics show that one (1) of every twenty-two (22) black
males will die as a result of homicide and that one (1) of every
six (6) black males will be arrested before becoming nineteen
(19) years of age.
(5) A major proportion of black males in America is virtually
trapped in urban areas defined by poverty, violence, and drug
abuse.
(6) Black males suffer from more debilitating health
problems, a higher death rate, and a lower life expectancy
than males in other ethnic and racial groups.
(7) Black females at least sixteen (16) years of age outnumber
black males by more than two million (2,000,000).
(8) Between 1973 and 1988 the average real annual income for
black males between twenty (20) and twenty-four (24) years
of age fell by more than fifty percent (50%).
(9) The increasing misfortunes and the social distress
bombarding black males in American society threaten the
survival of black males.
Sec. 2. The commission on the social status of black males is
established.
Sec. 3. The commission consists of nineteen (19) members
appointed as follows:
(1) Two (2) members of the senate, who are not members of
the same political party, appointed by the president pro
tempore of the senate with the advice of the minority leader
of the senate.
(2) Two (2) members of the house of representatives, who are
not members of the same political party, appointed by the
speaker of the house of representatives with the advice of the
minority leader of the house of representatives.
(3) The director of the division of family resources or the
director's designee.
(4) The director of the division of mental health and addiction
or the director's designee.
(5) The commissioner of the state department of health or the
commissioner's designee.
(6) The superintendent of public instruction or the
superintendent's designee.
(7) The commissioner of the department of correction or the
commissioner's designee.
(8) The director of the civil rights commission or the
director's designee.
(9) The commissioner of the Indiana department of
administration or the commissioner's designee.
(10) The lieutenant governor or the lieutenant governor's
designee.
(11) A minority business person, appointed by the governor.
(12) Three (3) persons appointed by the president pro
tempore of the senate who are not members of the general
assembly. Not more than two (2) persons appointed under this
subdivision may be members of the same political party.
(13) Three (3) persons appointed by the speaker of the house
of representatives who are not members of the general
assembly. Not more than two (2) persons appointed under this
subdivision may be members of the same political party.
Sec. 4. (a) A member of the commission may be removed at any
time by the member's appointing authority.
(b) The appointing authority shall fill a vacancy on the
commission by appointing a new member for the unexpired term.
(c) The terms of the legislative members expire at the election of
the general assembly following the appointments.
Sec. 5. (a) At the first meeting of the commission each year, the
members shall elect:
(1) one (1) member to be the commission's chairperson; and
(2) one (1) member to be the commission's vice chairperson.
(b) A vacancy in the office of chairperson or vice chairperson
shall be filled by vote of the remaining members. The term of office
of a person chosen to fill a vacancy expires at the first meeting of
the commission the following year.
Sec. 6. (a) The commission shall make a systematic study of the
following:
(1) The conditions described in section 1 of this chapter.
(2) The reasons for the existence of those conditions.
(b) The commission shall propose measures to alleviate and
correct the underlying causes of the conditions described in section
1 of this chapter.
(c) The commission may study other topics suggested by the
legislative council or as directed by the chairperson of the
commission.
(d) The commission shall receive suggestions or comments
pertinent to the issues that the commission studies from members
of the general assembly, governmental agencies, public and private
organizations, and private citizens.
Sec. 7. The civil rights commission shall provide staff and
administrative support to the commission.
Sec. 8. The commission shall meet on call of the chairperson and
at other times that the commission determines.
Sec. 9. Eight (8) of the members of the commission is a quorum.
The affirmative votes of at least eight (8) voting members of the
commission are required for the commission to take final action.
Sec. 10. The commission shall issue an annual report stating the
findings, conclusions, and recommendations of the commission.
The commission shall submit the report to the governor and the
legislative council. A report submitted under this section to the
legislative council must be in an electronic format under IC 5-14-6.
Sec. 11. (a) Each member of the commission who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement
for traveling expenses as provided under IC 4-13-1-4 and other
expenses actually incurred in connection with the member's duties
as provided in the state policies and procedures established by the
Indiana department of administration and approved by the budget
agency.
(b) Each member of the commission who is a state employee is
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(c) Each member of the commission who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to members of the general assembly serving on interim study committees created by the legislative council.
Sec. 12. (a) The commission on the social status of black males special fund is established to provide money for special projects of the commission.
(b) The fund shall be administered by the treasurer of state.
(c) Expenses of administering the fund shall be paid from money in the fund.
(d) The fund consists of gifts, contributions, and money donated to the commission.
(e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.
(f) Interest accrues to the fund.
(g) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(h) Money in the fund is appropriated continuously for the purpose stated in subsection (a).
Chapter 32. Native American Indian Affairs Commission
Sec. 1. As used in this chapter, "commission" refers to the Native American Indian affairs commission established by section 3 of this chapter.
Sec. 2. As used in this chapter, "Native American Indian" means an individual who is at least one (1) of the following:
(1) An Alaska native as defined in 43 U.S.C. 1602(b).
(2) An Indian as defined in 25 U.S.C. 450b(d).
(3) A native Hawaiian as defined in 20 U.S.C. 7912(1).
Sec. 3. The Native American Indian affairs commission is established.
Sec. 4. (a) The commission consists of fifteen (15) voting members and two (2) nonvoting members. The voting members of the commission consist of the following:
(1) Six (6) Native American Indians, each from a different geographic region of Indiana.
(2) Two (2) Native American Indians who have knowledge in Native American traditions and spiritual issues.
(3) The commissioner of the department of correction or the commissioner's designee.
(4) The commissioner of the commission for higher education or the commissioner's designee.
(5) The commissioner of the state department of health or the commissioner's designee.
(6) The secretary of family and social services or the secretary's designee.
(7) The director of the department of natural resources or the director's designee.
(8) The state superintendent of public instruction or the superintendent's designee.
(9) The commissioner of the department of workforce development or the commissioner's designee.
(b) The nonvoting members of the commission consist of the following:
(1) One (1) member of the house of representatives appointed by the speaker of the house of representatives.
(2) One (1) member of the senate appointed by the president pro tempore of the senate.
(c) The governor shall appoint each Native American Indian member of the commission to a term of four (4) years, and any vacancy occurring shall be filled by the governor for the unexpired term. Before appointing a Native American Indian member to the commission, the governor shall solicit nominees from Indiana associations that represent Native American Indians in the geographic region from which the member will be selected. Not more than one (1) member may represent the same tribe or Native American Indian organization or association.
(d) A member of the commission may be removed by the member's appointing authority.
Sec. 5. The affirmative votes of at least eight (8) members of the commission are required for the commission to take any official action, including public policy recommendations and reports.
Sec. 6. (a) The civil rights commission established by IC 22-9-1-4 shall provide staff and administrative support for the commission.
(b) Expenses incurred under this chapter shall be paid from funds appropriated to the civil rights commission.
(c) The governor shall appoint a voting member of the commission to serve as the commission's chairperson.
Sec. 7. The commission shall study problems common to Native American Indian residents of Indiana in the areas of employment,
education, civil rights, health, and housing. The commission may
make recommendations to appropriate federal, state, and local
governmental agencies concerning the following:
(1) Health issues affecting Native American Indian
communities, including data collection, equal access to public
assistance programs, and informing health officials of cultural
traditions relevant to health care.
(2) Cooperation and understanding between the Native
American Indian communities and other communities
throughout Indiana.
(3) Cultural barriers to the educational system, including
barriers to higher education and opportunities for financial
aid and minority scholarships.
(4) Inaccurate information and stereotypes concerning Native
American Indians, including the accuracy of educational
curriculum.
(5) Measures to stimulate job skill training and related
workforce development, including initiatives to assist
employers to overcome communication and cultural
differences.
(6) Programs to encourage the growth and support of Native
American Indian owned businesses.
(7) Public awareness of issues affecting the Native American
Indian communities.
(8) Issues concerning preservation and excavation of Native
American Indian historical and archeology sites, including
reburial of Native American Indians.
(9) Measures that could facilitate easier access to state and
local government services by Native American Indians.
Sec. 8. The commission may not study or make
recommendations on the following issues:
(1) Negotiations between a tribe and the state or federal
government concerning tribal sovereignty.
(2) Gaming on tribal land.
(1) Evaluate state and local programs associated with:
(A) the prevention, detection, and solution of criminal offenses;
(B) law enforcement; and
(C) the administration of criminal and juvenile justice.
(2) Improve and coordinate all aspects of law enforcement, juvenile justice, and criminal justice in this state.
(3) Stimulate criminal and juvenile justice research.
(4) Develop new methods for the prevention and reduction of crime.
(5) Prepare applications for funds under the Omnibus Act and the Juvenile Justice Act.
(6) Administer victim and witness assistance funds.
(7) Administer the traffic safety functions assigned to the institute under IC 9-27-2.
(8) Compile and analyze information and disseminate the information to persons who make criminal justice decisions in this state.
(9) Serve as the criminal justice statistical analysis center for this state.
(10) Identify grants and other funds that can be used by the department of correction to carry out its responsibilities concerning sex or violent offender registration under IC 11-8-8.
(11) Administer the application and approval process for designating an area of a consolidated or second class city as a public safety improvement area under IC 36-8-19.5.
(12) Develop and maintain a meth watch program to inform retailers and the public about illicit methamphetamine production, distribution, and use in Indiana.
(13) Establish, maintain, and operate, subject to specific appropriation by the general assembly, a web site containing a list of properties (as defined in IC 5-2-6-19(b)) that have been used as the site of a methamphetamine laboratory.
(14) Develop and manage the gang crime witness protection program established by section 21 of this chapter.
(15) Identify grants and other funds that can be used to fund the gang crime witness protection program.
(16) After December 31, 2008, administer the licensing of:
(A) commercial driver training schools; and
(B) instructors at commercial driver training schools.
(17) Administer any sexual offense services.
(18) Administer domestic violence programs.
(19) Administer assistance to victims of human sexual trafficking offenses as provided in IC 35-42-3.5-4.
(20) Administer the domestic violence prevention and treatment fund under IC 5-2-6.7.
(21) Administer the family violence and victim assistance fund
under IC 5-2-6.8.
(22) Administer and provide staff support to the law enforcement,
school policing, and youth work group under IC 5-2-6.9.
city with a population of less than thirty-five thousand (35,000), a
town, or a rural area.
(c) Members of the advisory committee shall serve a term of three
(3) years. However, the governor may remove for cause an appointed
member of the advisory committee and fill vacancies of appointed
members on the advisory committee.
(d) The advisory committee shall make recommendations to the
housing and community development authority regarding:
(1) the development of policies and procedures under section 14
of this chapter; and
(2) long term sources to capitalize the housing trust fund,
including the following:
(A) Revenue from development ordinances, fees, or taxes.
(B) Market based or private revenue.
(C) Revenue generated from government programs,
foundations, private individuals, or corporations.
(e) The advisory committee shall prepare and present an annual
report that:
(1) describes disbursements under the housing trust fund; and
(2) makes recommendations to the board of the Indiana housing
and community development authority regarding long term
sources to capitalize the housing trust fund.
(1) A purchase of supplies under this article by any of the following:
(A) A governmental body.
(B) A state educational institution.
(C) An instrumentality of the state that performs essential governmental functions on either a statewide or local basis.
(D) The state lottery commission created by IC 4-30-3-1.
(2) A purchase made under IC 5-17-1.
as determined under section 10 of this chapter.
(b) If an offeror offers a preferred supply for a given supply item, the purchasing agent shall compute an adjusted offer for that item according to the following formula:
STEP ONE: Determine the price preference percentage for the supply item under this chapter.
STEP TWO: Multiply the offeror's offer for the supply item by the
percentage determined under STEP ONE.
STEP THREE: Subtract the number determined under STEP
TWO from the offeror's offer for the supply item.
(c) If an offeror offers to conduct an indoor air quality inspection
and evaluation program under IC 16-41-37.5, the purchasing agent
shall compute an adjusted offer to conduct that indoor air quality
inspection and evaluation program according to the following formula:
STEP ONE: Determine the price preference percentage for the
indoor air quality inspection and evaluation program eligible to an
offeror under section 20.7 of this chapter.
STEP TWO: Multiply the offeror's offer for the indoor air quality
inspection and evaluation program by the percentage determined
under STEP ONE.
STEP THREE: Subtract the number determined under STEP
TWO from the offeror's offer to conduct the indoor air quality
inspection and evaluation program.
(1) is not usable by a state agency as determined under section 6 of this chapter; and
(2) has market value.
(b) As used in this section, "educational entity" refers to
(c) As used in this section, "market value" means the value of the property is more than the estimated costs of sale and transportation of the property.
(d) Surplus computer hardware available for sale may, under the policies prescribed by the budget agency, be offered to an educational entity.
(1) Contribute to the strengthening of the economy of Indiana by encouraging the organization and development of new business enterprises, including technologically oriented enterprises.
(b) The corporation may do the following to carry out this chapter:
(1) Receive money from any source, enter into contracts, and
expend money for any activities appropriate to its purpose.
(2) Do all other things necessary or incidental to carrying out the
corporation's functions under this chapter.
(3) Establish programs to identify entrepreneurs with marketable
ideas and to support the organization and development of new
business enterprises, including technologically oriented
enterprises.
(4) Conduct conferences and seminars to provide entrepreneurs
with access to individuals and organizations with specialized
expertise.
(5) Establish a statewide network of public, private, and
educational resources to assist the organization and development
of new enterprises.
(6) Operate a small business assistance center to provide small
businesses, including minority owned businesses and businesses
owned by women, with access to managerial and technical
expertise and to provide assistance in resolving problems
encountered by small businesses.
(7) Cooperate with public and private entities, including the
Indiana Small Business Development Center Network and the
federal government marketing program, in exercising the powers
listed in this subsection.
(8) Establish and administer the small and minority business
financial assistance program under IC 5-28-20.
(9) Approve and administer loans from the small business
development fund established by IC 5-28-18.
(10) Coordinate state funded programs that assist the organization
and development of new enterprises.
(1) Establish and implement the policies and procedures to be used by the corporation in the administration of the fund.
(2) Subject to section 10 of this chapter, establish criteria for awarding loans from the fund.
(3) Review and approve or disapprove applications for loans from the fund.
(4) Establish the terms of loans from the fund, which must include the conditions set forth in section 11 of this chapter.
(5) Award the loans approved under this chapter.
(6) Provide the staff and other resources necessary to implement
this chapter.
(7) Prepare and distribute to appropriate entities throughout
Indiana requests for proposals for the organization and operation
of local pools.
(8) Conduct conferences and seminars concerning the fund.
(9) Submit a report concerning the fund to the general assembly
before November 1 of each year. The report must include detailed
information concerning the structure, operation, and financial
condition of the fund. The report must be in an electronic format
under IC 5-14-6.
(b) The corporation may enter into contracts necessary for the
administration of this chapter, including contracts for servicing loans
from the fund.
assembly (in an electronic format under IC 5-14-6) that is due on
the first day of November for each year and must include detailed
information on the corporation's efforts to carry out this chapter.
The corporation shall conduct an annual public hearing to receive
comments from interested parties regarding the report, and notice
of the hearing shall be given at least fourteen (14) days before the
hearing in accordance with IC 5-14-1.5-5(b).
(b) The corporation may do the following:
(1) Receive money from any source, borrow money, enter into
contracts, and expend money for activities appropriate to its
purpose under this chapter.
(2) Do things necessary or incidental to carrying out the functions
listed in this chapter.
(3) Establish a statewide business modernization network to assist
Indiana businesses in identifying ways to increase productivity
and market competitiveness.
(4) Identify scientific and technological problems and
opportunities related to the economy of Indiana and formulate
proposals to overcome those problems or realize those
opportunities.
(5) Identify specific areas in which scientific research and
technological investigation will contribute to the improvement of
productivity of Indiana manufacturers and farmers.
(6) Determine specific areas in which financial investment in
scientific and technological research and development from
private businesses located in Indiana could be improved or
increased if state resources were made available to assist in
financing activities.
(7) Assist in establishing cooperative associations of
postsecondary educational institutions in Indiana and of private
enterprises to coordinate research and development programs that
will, consistent with the primary educational function of the
postsecondary educational institutions, aid in the creation of new
jobs in Indiana.
(8) Assist in financing the establishment and continued
development of technology intensive businesses in Indiana.
(9) Advise postsecondary educational institutions of the research
needs of Indiana businesses and improve the exchange of
scientific and technological information for the mutual benefit of
postsecondary educational institutions and private businesses.
(10) Coordinate programs established by postsecondary
educational institutions to provide Indiana businesses with
scientific and technological information.
(11) Establish programs in scientific education that will support
the accelerated development of technology intensive businesses
in Indiana.
(12) Provide financial assistance through contracts, grants, and
loans to programs of scientific and technological research and
development.
(13) Determine how state educational institutions can increase
income derived from the sale or licensure of products or processes
having commercial value that are developed as a result of state
educational institution sponsored research programs.
(1) IC 6-3.1-7.
(2) IC 6-3.1-13.
(1) Small business development under IC 5-28-17.
(2) The small business development fund established under IC 5-28-18-7.
(3) The small business incubator program under IC 5-28-21.
(4) Efforts to promote business modernization of and the adoption of technology by Indiana businesses under IC 5-28-23.
2012]. (Indiana Health Informatics Corporation).
(2) weeks to review a proposed rule before a vote is taken on the
proposed rule under subsection (c).
(1) IC 6-3.1-10 (enterprise zone investment cost credit).
(2) IC 6-3.1-11 (industrial recovery tax credit).
(3) IC 6-3.1-11.5 (military base recovery tax credit).
(4) IC 6-3.1-11.6 (military base investment cost credit).
If a taxpayer, pass through entity, or shareholder, partner, or member of a pass through entity has been granted more than one (1) tax credit for the same project, the taxpayer, pass through entity, or shareholder, partner, or member of a pass through entity must elect to apply only one (1) of the tax credits in the manner and form prescribed by the department.
service center shall accept the computer equipment as qualified
computer equipment and shall, subject to section 11(b) of this chapter,
promptly send a certification to the computer equipment owner for the
tax credit available under this chapter.
(1) Prepare a list of existing rights-of-way that might be abandoned during the following year.
(2) Set priorities for potential future uses of rights-of-way consistent with the Indiana department of transportation's comprehensive transportation plan and the department of natural resources trail system plan.
(3) Contact each railroad owner that holds an interest in a corridor in Indiana to assess the status and any issues concerning corridors that may be abandoned.
(b) The Indiana department of transportation annually, in consultation with affected state and local agencies, shall prepare a list of corridors for preservation.
(1) Annual system diagram map and supplemental information submitted to the
(2) Changes in local agency interest.
(3) Availability of funds.
(4) Possible future uses for rail, transit, highway, bicycle,
pedestrian, utility, communication, or recreation corridors.
(b) The updated list and priorities are subject to review and approval
by the board under section 2 of this chapter.
(1) A description of the rights-of-way that have been abandoned during the previous year. This description is not required to include the legal description of any of the rights-of-way.
(2) Any property that has been purchased under the program.
(3) Sources of funds for the program.
(4) Other information that the board or the departments consider relevant.
and a secretary.
(f) Each member of the advisory committee who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
traveling expenses as provided under IC 4-13-1-4 and other expenses
actually incurred in connection with the member's duties as provided
in the state policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(g) Each member of the advisory committee who is a state employee
but who is not a member of the general assembly is entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state travel policies and procedures
established by the Indiana department of administration and approved
by the budget agency.
(h) Each member of the advisory committee who is a member of the
general assembly is entitled to receive the same per diem, mileage, and
travel allowances paid to members of the general assembly serving on
interim study committees established by the legislative council.
(i) The advisory committee shall act in an advisory capacity to the
superintendent and to the director concerning ways to improve the
Indiana Veterans' Home and the care of its residents.
(b) Beginning July 1, 2015, the commission consists of
(1) a resident of that congressional district;
(2) a veteran of service in the armed forces of the United States of America in time of war;
(3) a citizen of Indiana at the time of the service; and
(4) appointed:
(A) in the manner;
(B) for the terms;
(C) to have the powers; and
(D) to perform the duties;
as provided in this chapter.
(c) The commission:
(1) as the commission and in the commission's name, may prosecute and defend suits; and
(2) has all other duties, rights, and powers that are:
(A) necessary to implement this chapter; and
(B) not inconsistent with this chapter.
(d) The members of the commission are not liable in their individual capacity, except to the state, for any act done or omitted in connection with the performance of their duties under this chapter.
(e) A suit against the commission must be brought in a court with jurisdiction in Marion County. Notice or summons of the suit shall be served upon the president, vice president, or secretary of the commission. In a suit against the commission, it is not necessary to name the individual members of the commission as either plaintiff or defendant. Commission members may sue and be sued in the name of the Indiana war memorials commission.
(f) The commission shall:
(1) report to the governor through the adjutant general; and
(2) be under the adjutant general for administrative supervision.
(g) The reduction in the membership of the commission from ten (10) to nine (9) under subsection (b) shall be accomplished as the terms of members end and new members are appointed. This subsection expires July 1, 2015.
through (7) for a term of four (4) years and fill any vacancy on the
advisory committee.
(c) The affirmative votes of a majority of the voting members
appointed to the advisory committee are required for the committee to
take action on any measure.
(d) The advisory committee shall advise the department and make
recommendations concerning the department's formulary for
medications for mental health and addictive disorders and consider the
following:
(1) Peer reviewed medical literature.
(2) Observational studies.
(3) Health economic studies.
(4) Input from physicians and patients.
(5) Any other information determined by the advisory committee
to be appropriate.
(e) The department shall report recommendations made by the
advisory committee to the department's medical director.
(f) The department shall report the following information to the
Indiana commission on mental health and addiction (IC 12-21-6.5-2):
(1) The advisory committee's advice and recommendations made
under this section.
(2) The number and types of restrictions implemented by the
department and the outcome of each restriction.
(3) The transition of individuals with mental illness into the
community and the rate of recidivism.
(4) Any decision by the department to change the mental health
care delivery system in which medication is provided to inmates.
(1) IC 13-12-4 and IC 13-12-5.
(2) IC 13-17, except for the following:
(A) IC 13-17-3-15.
(B) IC 13-17-7.
(C) IC 13-17-8-10.
(D) IC 13-17-10.
(E) IC 13-17-11.
(F) IC 13-17-13.
(3) IC 13-18, except for the following:
(A) IC 13-18-12 and IC 13-18-13.
(B) IC 13-18-15 through IC 13-18-20.
(4)
(5) IC 13-20-16 and IC 13-20-17.
extent possible:
(1) the policies, rules, and statutes of the state shall be interpreted
and administered in accordance with the policies set forth in this
chapter; and
(2) all state agencies shall do the following:
(A) Use a systematic, interdisciplinary approach that will
ensure the integrated use of the natural and social sciences and
the environmental design arts in planning and decision making
that may have an impact on the environment.
(B) Identify and develop methods and procedures that will
ensure that unquantified environmental amenities and values
may be given appropriate consideration in decision making
along with economic and technical considerations.
(C) Include in every recommendation or report on proposals
for legislation and other major state actions significantly
affecting the quality of the human environment a detailed
statement by the responsible official on the following:
(i) The environmental impact of the proposed action.
(ii) Any adverse environmental effects that cannot be
avoided should the proposal be implemented.
(iii) Alternatives to the proposed action.
(iv) The relationship between local short term uses of the
environment and the maintenance and enhancement of long
term productivity.
(v) Any irreversible and irretrievable commitments of
resources that would be involved if the proposed action
should be implemented.
Before making a detailed statement, the responsible state
official shall consult with and obtain the comments of each
state agency that has jurisdiction by law or special expertise
with respect to any environmental impact involved. Copies of
the statement and the comments and views of the appropriate
federal, state, and local agencies that are authorized to develop
and enforce environmental standards shall be made available
to the governor and to the public and must accompany the
proposal through the agency review processes. The air
pollution control board, water pollution control board, and
solid waste management board shall by rule define the actions
that constitute a major state action significantly affecting the
quality of the human environment.
(D) Study, develop, and describe appropriate alternatives to
recommend courses of action in any proposal that involves
unresolved conflicts concerning alternative uses of available
resources.
(E) Recognize the long range character of environmental
problems and, where consistent with the policy of the state,
lend appropriate support to initiatives, resolutions, and
programs designed to maximize state cooperation in
anticipating and preventing a decline in the quality of the
environment.
(F) Make available to counties, municipalities, institutions,
and individuals advice and information useful in restoring,
maintaining, and enhancing the quality of the environment.
(G) Initiate and use ecological information in the planning and
development of resource oriented projects.
Chapter 8. Environmental Rules Board
Sec. 1. As used in this chapter, "board" refers to the environmental rules board established by section 3 of this chapter.
Sec. 2. (a) The following entities are abolished on January 1, 2013:
(1) The air pollution control board (established by IC 13-17-2 before its repeal).
(2) The water pollution control board (established by IC 13-18-1 before its repeal).
(3) The solid waste management board (established by IC 13-19-2 before its repeal).
(4) The underground storage tank financial assurance board (established by IC 13-23-11 before its repeal).
(b) All powers, duties, and liabilities are transferred from the entities abolished under subsection (a) to the environmental rules board established by section 3 of this chapter effective January 1, 2013.
(c) On and after January 1, 2013, a reference to an entity abolished under subsection (a) in a statute or rule shall be treated as a reference to the environmental rules board.
(d) Rules adopted by the entities abolished under subsection (a) before January 1, 2013, shall be treated as though the rules were adopted by the environmental rules board.
(e) A member of an entity abolished under subsection (a) may serve until December 31, 2012. The initial members of the environmental rules board shall be appointed under section 4 of
this chapter not later than December 31, 2012.
Sec. 3. The environmental rules board is established as an
independent board.
Sec. 4. The board consists of the following seventeen (17)
members:
(1) The following ex officio members:
(A) The commissioner of the department of environmental
management.
(B) The commissioner of the state department of health.
(C) The director of the department of natural resources.
(D) The lieutenant governor.
(E) The secretary of commerce or the secretary's designee.
(2) The following twelve (12) members, who shall be
appointed by the governor based on recommendations from
representative constituencies:
(A) One (1) representative of agriculture.
(B) One (1) representative of manufacturing.
(C) One (1) representative of environmental interests.
(D) One (1) representative of labor.
(E) One (1) representative of local government.
(F) One (1) representative of small business.
(G) One (1) health professional who holds a license to
practice in Indiana.
(H) One (1) representative of the solid waste management
industry.
(I) One (1) representative of businesses that:
(i) own; or
(ii) engage in the sale of petroleum from;
one (1) or more underground storage tanks.
(J) One (1) representative of a public utility that engages
in the production and transmission of electricity.
(K) Two (2) representatives of the general public, who
cannot qualify to sit on the board under any of the other
clauses in this subdivision.
Sec. 5. An ex officio member of the board may designate in
writing a technical representative to serve as a voting member of
the board when the ex officio member is unable to attend a board
meeting.
Sec. 6. Not more than six (6) of the appointed members of the
board may be members of the same political party.
Sec. 7. (a) An appointed member of the board serves a term of
four (4) years.
(b) The term of each member of the board continues until a successor is appointed and qualified.
(c) If a vacancy occurs in the appointed membership of the board, the governor shall appoint a member not later than ninety (90) days after the vacancy occurs for the remainder of the unexpired term created by the vacancy. The board shall suspend the exercise of the board's duties if the vacancy has not been filled not later than ninety (90) days after the vacancy occurs.
(d) The governor may remove an appointed member of the board for cause. Cause includes the repeated failure to attend meetings.
Sec. 8. (a) Ex officio members of the board serve without additional compensation.
(b) Each appointed member of the board is entitled to the following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties, as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
(c) The per diem salary and mileage reimbursement are valid claims against the department.
Sec. 9. Nine (9) members of the board, six (6) of whom must be appointed members of the board, constitute a quorum. A quorum must be present to transact business at a meeting of the board. Meetings of the board are subject to the public meeting requirements under IC 5-14-1.5.
Sec. 10. The governor shall annually select:
(1) one (1) of the appointed members of the board to serve as chairperson; and
(2) another of the appointed members to serve as vice chairperson.
Sec. 11. Each member of the board shall fully disclose any potential conflicts of interest relating to permits or enforcement orders under the:
(1) Clean Air Act (42 U.S.C. 7401 et seq.), as amended by the Clean Air Act Amendments of 1990;
(2) Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.);
(3) Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the federal Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9601 through 9675);
(4) Water Pollution Control Act (33 U.S.C. 1251 et seq.); and
(5) Safe Drinking Water Act (42 U.S.C. 300f through 300j).
Sec. 12. The board shall adopt rules under IC 4-22-2 and IC 13-14-9 that are consistent with the purposes of this title.
(1) this title;
(2) other statutes; and
(3) rules of the
(b) If the commissioner is notified by the department of state revenue that a person is on the most recent tax warrant list, the commissioner may not issue a permit or license to the applicant until:
(1) the applicant provides a statement to the commissioner from the department of state revenue indicating that the applicant's tax warrant has been satisfied; or
(2) the commissioner receives a notice from the commissioner of the department of state revenue under IC 6-8.1-8-2(k).
(1) air pollution control laws;
(2) water pollution control laws;
(3) IC 13-18-9;
(4) IC 13-18-10;
(1) Air pollution control laws.
(2) Water pollution control laws.
(3) Environmental management laws.
(4) IC 13-18-9.
(5) IC 13-18-10.
(1) Represent the state in all matters pertaining to plans, procedures, or negotiations for interstate compacts or other governmental arrangements for environmental protection.
(2) Conduct, convoke, attend, or participate in official or unofficial conferences or hearings within or outside Indiana concerning any matter within the scope of the power and duties of the
(1) enforce any final order of the commissioner or
(2) collect any penalties or fees;
(3) procure or secure compliance with this title or any other law that the department has the duty or power to enforce;
(4) procure compliance with any standard or rule
(5) enforce a restrictive covenant (as defined in IC 13-11-2-193.5) in accordance with the terms of the covenant if the covenant is:
(A) executed before July 1, 2009;
(B) approved by the commissioner; and
(C) created in connection with any:
(i) remediation;
(ii) closure;
(iii) cleanup;
(iv) corrective action; or
(v) determination exercising enforcement discretion or of no further action being required;
approved by the department under this title; or
(6) enforce a restrictive covenant (as defined in IC 13-11-2-193.5) in accordance with the terms of the covenant if the covenant is:
(A) executed after June 30, 2009; and
(B) created in connection with any of the following approved by the department under this title:
(i) A remediation.
(ii) A closure.
(iii) A cleanup.
(iv) A corrective action.
(v) A determination exercising enforcement discretion or of no further action being required.
(1) discharging; or
(2) proposing to discharge or emit;
contaminants that could affect environmental quality shall furnish to the department the reasonable technical or monitoring program reports that the
(b) An affidavit of the responsible officer or person in charge of the operation involved must accompany each report.
(1) governor may assign to
(2) board may directly exercise that power until a specific agency for the exercise of the power is created.
(1) adopt;
(2) repeal;
(3) rescind; or
(4) amend;
rules and standards by proceeding in the manner prescribed in IC 4-22-2 and IC 13-14-9.
(1) adoption;
(2) repeal;
(3) rescission; or
(4) amendment;
of any rule or standard.
(b) The rules proposed by the department must be adopted by the
(1) supported by a statement of reasons; and
(2) accompanied by a petition signed by at least two hundred (200) persons.
(b) If the board
(1) is not plainly devoid of merit; and
(2) does not deal with a subject on which a hearing was held within the previous six (6) months of the submission of the proposal;
the board shall give notice and hold a hearing on the proposal.
(1) Standards or requirements for discharge or emission specifying the maximum permissible short term and long term
concentrations of various contaminants of the air, water, or land.
(2) Procedures for the administration of a system of permits for:
(A) the discharge of any contaminants;
(B) the construction, installation, or modification of any:
(i) facility;
(ii) equipment; or
(iii) device;
that may be designed to control or prevent pollution; or
(C) the operation of any:
(i) facility;
(ii) equipment; or
(iii) device;
to control or to prevent pollution.
(3) Standards and conditions for the use of any fuel or vehicle
determined to constitute an air pollution hazard.
(4) Standards for the filling or sealing of abandoned:
(A) water wells;
(B) water holes; and
(C) drainage holes;
to protect ground water against contamination.
(5) Alert criteria and abatement standards for pollution episodes
or emergencies constituting an acute danger to health or to the
environment, including priority lists for terminating activities that
contribute to the hazard, whether or not the activities would meet
all discharge requirements of the board under normal conditions.
(6) Requirements and procedures for the inspection of any
equipment, facility, vehicle, vessel, or aircraft that may cause or
contribute to pollution.
(7) Requirements and standards for equipment and procedures
for:
(A) monitoring contaminant discharges at their sources;
(B) the collection of samples; and
(C) the collection, reporting, and retention, in accordance with
record retention schedules adopted under IC 5-15-5.1, of data
resulting from that monitoring.
(8) Standards or requirements to control:
(A) the discharge; or
(B) the pretreatment;
of contaminants introduced or discharged into publicly owned
treatment works.
(b) If the solid waste management board or air pollution control
board is required to adopt new rules or amend existing rules to
implement an amendment to the federal Resource Conservation and
Recovery Act or an amendment to or addition of a National Emission
Standard for Hazardous Air Pollutants under the federal Clean Air Act,
the board shall adopt the new rules or amend the existing rules not
more than nine (9) months after the date the federal law becomes
effective. This subsection does not limit a the board's authority to
amend at any time the rules adopted under this subsection.
(b) In addition to the requirements of IC 4-22-2 and IC 13-14-8,
(b) The
(1) an approved long term control plan; and
(2) an approved use attainability analysis that supports the use of a CSO wet weather limited use subcategory established under IC 13-18-3-2.5.
(c) After the department approves the long term control plan and use attainability analysis, the department shall publish in the Indiana Register a notice of adoption of a proposed rule to establish a CSO wet weather limited use subcategory for the area defined by the approved use attainability analysis.
(d) The notice under subsection (c) must include the following:
(1) Suggested rule language that amends the designated use to allow for a CSO wet weather limited use subcategory in accordance with IC 13-18-3-2.5.
(2) A written comment period of at least thirty (30) days.
(3) A notice of public hearing before the
(e) The department shall include the following in the written materials to be considered by the
public hearing referred to in subsection (d)(3):
(1) The full text of the proposed rule as most recently prepared by
the department.
(2) Written responses of the department to written comments
received during the comment period referred to in subsection
(d)(2).
(3) The letter prepared by the department approving the long term
control plan and use attainability analysis.
(f) At the public hearing referred to in subsection (d)(3), the board
may:
(1) adopt the proposed rule to establish a new water quality
standard amending the designated use to allow for a CSO wet
weather limited use subcategory;
(2) adopt the proposed rule with amendments;
(3) reject the proposed rule; or
(4) determine to reconsider the proposed rule at a subsequent
board meeting.
(g) If the board adopts the proposed rule with amendments under
subsection (f)(2), the amendments must meet the logical outgrowth
requirements of section 10 of this chapter, except that the board, in
determining whether the amendments are a logical outgrowth of
comments provided to the board, and in considering whether the
language of comments provided to the board fairly apprised interested
persons of the specific subjects and issues contained in the
amendments, shall consider the comments provided to the board at the
public hearing referred to in subsection (d)(3).
(h) The department shall submit a new water quality standard
established in a rule adopted under subsection (f) to the United States
Environmental Protection Agency for approval.
(1) the state; and
(2) the submitter of the information.
(b) The report must:
(1) include the beginning and ending balance, disbursements, and receipts, including accrued interest or other investment earnings of the fund;
(2) comply with accounting standards under IC 4-13-2-7(a)(1); and
(3) be available to the public.
(c) The auditor of state shall forward copies of the report to the following:
(1) The commissioner.
(2) The standing committees of the house of representatives and the senate concerned with the environment.
(3) The
(1) Permits to control or limit the emission of any contaminants into the atmosphere.
(2) Permits for the construction, installation, or modification of facilities, equipment, or devices to control or limit any discharge, emission, or disposal of contaminants into the air.
(3) Permits for the operation of facilities, equipment, or devices to control or limit the discharge, emission, or disposal of any contaminants into the environment.
pollution control board shall establish requirements for the issuance of
permits to control water pollution and atomic radiation, including the
following:
(1) Permits to control or limit the discharge of any contaminants
into state waters or into a publicly owned treatment works.
(2) Permits for the construction, installation, or modification of
facilities, equipment, or devices to control or limit any discharge,
emission, or disposal of contaminants into the waters of Indiana
or into a publicly owned treatment works.
(3) Permits for the operation of facilities, equipment, or devices
to control or limit the discharge, emission, or disposal of any
contaminants into the waters of Indiana or into a publicly owned
treatment works.
However, the water pollution control board may not require a permit
under subdivision (2) for any facility, equipment, or device
constructed, installed, or modified as part of a surface coal mining
operation that is operated under a permit issued under IC 14-34.
(1) Permits to control or limit the disposal of any contaminants onto or into the land.
(2) Permits for the construction, installation, or modification of facilities, equipment, or devices:
(A) to control or limit any discharge, emission, or disposal of contaminants into the land; or
(B) for the storage, treatment, processing, transferring, or disposal of solid waste or hazardous waste.
(3) Permits for the operation of facilities, equipment, or devices:
(A) to control or limit the discharge, emission, transfer, or disposal of any contaminants into the land; or
(B) for the storage, transportation, treatment, processing, transferring, or disposal of solid waste or hazardous waste.
(b) In rules for the issuance of permits,
(1) Prescribe standards for the discharge, emission, or disposal of
contaminants and the operation of any facility, equipment, or
device.
(2) Impose the conditions that are considered necessary to
accomplish the purposes of this title.
(1) Provide incentives to owners and operators of facilities to assess the pollution emitted by the facilities into all environmental media.
(2) Provide incentives to owners and operators of facilities to implement the most innovative and effective pollution control or pollution prevention strategies while maintaining enforceable performance goals.
(3) Provide incentives to owners and operators of facilities to reduce pollution levels at the facilities below the levels required by law.
(4) Consolidate environmental requirements into one (1) permit that would otherwise be included in more than one (1) permit.
(5) Reduce the time and money spent by owners and operators of facilities and the department on administrative tasks that do not benefit the environment.
(6) Provide owners and operators of facilities with as much operational flexibility as can reasonably be provided while being consistent with enforcement of permit requirements.
(b) The rules adopted under this section may provide for permits that contain the following:
(1) Authorization of emission trading.
(2) Consolidated reporting mechanisms.
(3) Third party certifications.
(4) Multimedia regulation.
(5) Other conditions consistent with subsection (a).
(c) The rules adopted under this section must provide that a permit issued under the rules adopted under this section meets the following criteria:
(1) Activities conducted under the permit must result in greater overall environmental protection than would otherwise be achieved under applicable law.
(2) Upon issuance of a permit, all limits, conditions, and standards contained in the permit are enforceable under IC 13-30-3.
(3) The permit applicant must give notice in accordance with IC 13-15-8, and the commissioner shall give notice to the public and provide an opportunity to comment on the proposed permit in accordance with IC 13-15-5.
(d) The rules adopted under this section must allow the department to give priority to applications involving permits that are issued as described in this section based on:
(1) the degree of environmental benefit that may be obtained under the permit;
(2) the potential application of any innovative control technologies or regulatory procedures that may be made available to other permit applicants and permit holders; and
(3) other criteria that the
(e) The rules adopted under this section must be consistent with federal law for federally authorized or delegated permit programs.
(1) approved the plans and specifications; and
(2) determined that the facility, equipment, or device meets the requirement of the rule.
(b) Notwithstanding subsection (a) and subject to subsection (c), a person to whom a permit has been issued may not start the construction, installation, operation, or modification of a facility, equipment, or a device until the person has obtained any approval required by any:
(1) county;
(2) city; or
(3) town;
in which the facility, equipment, or device is located.
(c) Subsection (b) applies only to an approval required in an applicable ordinance, rule, or regulation in effect at the time the person submits the permit application to the issuing state agency.
the existing permit does not expire until a final determination on the
application has been made by the department. However, the
commissioner may seek injunctive relief with regard to the continuing
activity of the permit applicant while the permit application is pending
if the continuing activity of the permit applicant constitutes a threat to
the public health, safety, or welfare.
(b) An application for renewal of a hazardous waste disposal facility
operating permit under IC 13-22-3 must be submitted at least one
hundred eighty (180) days before the expiration of the facility's current
permit to be considered timely under this section.
(b) The commissioner shall approve or deny the interim permit not later than sixty (60) days after receipt of the application for an interim permit, unless the applicant and the commissioner agree that a longer review period is necessary.
(1) the permit requirements provided under this title; and
(2) rules adopted under this title;
to the extent that this title and the rules are not inconsistent with this section.
(1) has been issued an operating permit by the
(2) is operating without a permit but has made a timely and complete application for a permit under IC 13-17-8-10.
(b) The
under 42 U.S.C. 7661 through 7661f providing that a facility may make
changes without a permit revision if the following conditions exist:
(1) The changes are not modifications under any provision of
Title I of the federal Clean Air Act (42 U.S.C. 7401 et seq.), as
amended by the federal Clean Air Act Amendments of 1990
(P.L.101-549).
(2) The changes do not exceed emissions:
(A) expressed as a rate of emissions; or
(B) expressed as total emissions;
allowable under the permit.
(3) The facility provides the commissioner with written
notification at least seven (7) days before the proposed changes
are made. However, the air pollution control board may adopt
rules that provide a different period for notifications that involve
emergency situations.
(1) conditions for the issuance of a permit under this chapter; and
(2) requirements for the operation of nuclear facilities.
(b) Rules adopted by the
(1) air pollution from nuclear facilities;
(2) water pollution from nuclear facilities; or
(3)
(1) a nuclear powered generating facility; or
(2) a nuclear fuel reprocessing plant;
shall file with the
environmental effects of the proposed operation.
(b) A person affected by the proposed construction may participate
in the hearing to the extent and in the manner that the board prescribes.
(b) Each permit required under this chapter according to rules adopted by the
(c) Each permit issued must include a requirement for:
(1) appropriate procedures of monitoring any discharge; and
(2) a report of each discharge to the department.
(1) Operators of solid waste incinerators and waste to energy facilities.
(2) Operators of land disposal sites.
(3) Operators of facilities described under IC 13-15-1-3 whose operation could have an adverse impact on the environment if not operated properly.
(b) Money in the fund shall be used for paying the expenses of the training and certification program described in this chapter.
(1) Requirements for certification that consider any training that is required by state rule or federal regulation.
(2) Mandatory testing and retraining.
(3) Recognition of training programs that the
(4) Recognition of an interim period for which existing facility operators must obtain certification.
(1) Examination of applicants for certification.
(2) Issuance, renewal, or transfer of a certificate.
(3) Restoration of an expired certificate when that action is authorized by law.
(4) Issuance of certificates by reciprocity or endorsement for out-of-state applicants.
(5) Issuance of board or committee reciprocity or endorsements for resident practitioners who apply to another state for a certificate.
(b) A fee may not be less than fifty dollars ($50) unless the fee is collected under a rule adopted by the
(c) A fee may not be charged to an operator employed by a solid waste facility that is wholly owned and operated by a unit of local government.
(b) If:
(1) the
(2) the check does not clear the bank;
the
(c) Unless designated by rule, a fee is not refundable or transferable.
(1) National Pollutant Discharge Elimination System program.
(2) Solid waste program.
(3) Hazardous waste program.
(4) Safe drinking water program.
(1) the federal Clean Air Act (42 U.S.C. 7401 et seq.), as
amended by the Clean Air Act Amendments of 1990
(P.L.101-549); or
(2) a regulation adopted under the federal Clean Air Act.
(1) The installation and use of equipment designed to reduce or eliminate emissions.
(2) The proper maintenance of that equipment and of vehicles.
(1) Preparing rules, regulations, and guidance regarding implementation and enforcement of the program.
(2) Reviewing and acting on the following:
(A) An application for an operating permit.
(B) An operating permit revision.
(C) An operating permit renewal.
(3) The general administrative cost of running the operating permit program.
(4) Implementing and enforcing the terms of a permit granted under the operating permit program. However, court costs for enforcement actions are not included under this subdivision.
(5) Emissions and ambient monitoring.
(6) Modeling analyses and demonstrations.
(7) Preparing inventories and tracking emissions.
(8) Developing and administering a small business stationary source technical and environmental compliance assistance program.
effectively restricted through specific requirements established by the
rules to emit less than the amount of air pollutants for which a Title V
air operating permit is required.
(1) that is deleterious to:
(A) the public health; or
(B) the prosecution of any industry or lawful occupation; or
(2) by which:
(A) any fish life or any beneficial animal or vegetable life may be destroyed; or
(B) the growth or propagation of fish life or beneficial animal or vegetable life is prevented or injuriously affected.
(1) a sanitary sewer or public water main, if:
(A) a professional engineer who is registered under IC 25-31 prepared the plans;
(B) the unit provided for review of the plans by a qualified engineer and subsequently approved the plans; and
(C) all other requirements specified in rules adopted by the
(2) a sanitary sewer extension for and within a subdivision, if:
(A) a qualified land surveyor who is registered under IC 25-21.5 prepared the plans;
(B) the subdivision is being laid out or having been laid out by the land surveyor subject to IC 25-21.5-7;
(C) the unit provided for review of the plans by a qualified engineer and subsequently approved the plans; and
(D) all other requirements specified in rules adopted by the
the plans are not required to be submitted to any state agency for a permit, permission, or review, unless required by federal law.
(1) the industrial waste products are not hazardous wastes;
(2) the industrial waste products:
(A) have a beneficial use (as defined in 327 IAC 6.1-2-6); or
(B) otherwise provide a benefit to the process of creating the soil amendments or soil substitute or to the final soil amendment, soil substitute, or material to be land applied, such as bulking;
(3) the finished soil amendment, soil substitute, or material to be land applied satisfies the applicable criteria in 327 IAC 6.1;
(4) the finished soil amendment, soil substitute, or material to be land applied has a beneficial use;
(5) the requirements of subsection (b) are satisfied; and
(6) the person pays a permit fee in an amount determined by the department that does not exceed the costs incurred by the department to issue the permit.
(b) The department:
(1) may allow the use of industrial waste products:
(A) in a land application operation; or
(B) as ingredients in a soil amendment or soil substitute to be land applied;
on the same basis as other materials under the rules concerning
land application and marketing and distribution permits;
(2) may not:
(A) discriminate against the use of industrial waste products
on the basis that the industrial waste products lack biological
carbon;
(B) impose requirements beyond applicable criteria in 327
IAC 6.1, unless additional requirements are necessary for the
protection of human health and the environment;
(C) require that the finished soil amendment, soil substitute, or
material to be land applied must be of a particular economic
value; or
(D) for any pollutant that has a pollutant limit or concentration
in 327 IAC 6.1, require that an industrial waste product or the
finished soil amendment, soil substitute, or material to be land
applied satisfies:
(i) the department's risk integrated system of closures
nonrule policy document; or
(ii) any other standards other than criteria in 327 IAC 6.1;
and
(3) for any pollutant present in the industrial waste products that
does not have a pollutant limit or concentration in 327 IAC 6.1,
shall consider the benefits of the finished soil amendment, soil
substitute, or material to be land applied as compared to the
measurable risks to human health and the environment based on
the anticipated use of the finished soil amendment, soil substitute,
or material to be land applied; and
(4) shall require an application for a permit for the land
application of industrial waste products to include
characterization of individual industrial waste products at the
point of waste generation before mixing the waste streams.
(c) The board may adopt rules for pollutant limits or concentrations
for pollutants for which limits or concentrations do not exist in 327
IAC 6.1 as of July 1, 2011.
(1) Except as provided in sections 3 through 4 of this chapter, adopt rules under IC 4-22-2 and IC 13-14-9 to regulate solid and hazardous waste and atomic radiation in Indiana, including rules
necessary to the implementation of the federal Resource
Conservation and Recovery Act (42 U.S.C. 6901 et seq.), as
amended.
(2) Develop operating policy concerning the activities of the
department.
(3) Carry out other duties imposed by law.
(1) As a daily cover for litter and vermin control at a landfill in accordance with any applicable permits issued for the landfill.
(2) As a protective cover for a landfill leachate system in accordance with any applicable permits issued for the landfill.
(3) For use as capped embankments for ground and sight barriers under ten thousand (10,000) cubic yards or embankments for airports, bridges, or overpasses.
(4) For use:
(A) in a land application operation; or
(B) as a soil amendment;
if the application or amendment does not include the operation of a landfill.
(5) As a structural fill base capped by clay, asphalt, or concrete for the following:
(A) Roads.
(B) Road shoulders.
(C) Parking lots.
(D) Floor slabs.
(E) Utility trenches.
(F) Bridge abutments.
(G) Tanks and vaults.
(H) Construction or architectural fill.
(I) Other similar uses.
(6) As a raw material constituent incorporated into another product, including the following:
(A) Flowable fill.
(B) Concrete.
(C) Asphalt.
(D) Brick.
(E) Block.
(F) Portland cement.
(G) Glass.
(H) Roofing materials.
(I) Rock wool.
(J) Plastics.
(K) Fiberglass.
(L) Mineral wool.
(M) Lightweight aggregate.
(N) Paint.
(O) Plaster.
(P) Other similar products.
(1) for transfer stations located:
(A) inside Indiana; and
(B) outside Indiana;
that receive municipal waste and that engage in waste transfer activities; and
(2) under rules adopted by the
(b) The
(1) the department; or
(2) a contractor hired by the department;
for conducting the inspection of the transfer station.
(b) The department shall issue permits for an incinerator that is in compliance with construction and operating rules adopted by the
(c) The department shall grant operating authority under a permit issued by the department only after the owner of the incinerator has:
(1) complied with all construction and pre-operational standards established by pertinent rules; and
(2) submitted the results of a pre-operational emissions test that demonstrate that the incinerator's performance complies with all pertinent rules.
(d) The pre-operational emissions test required by this section shall be conducted under the supervision of the department. In addition, the report of the results of the pre-operational emissions test must contain a certification that the test was performed in compliance with the following:
(1) All pertinent rules.
(2) The pre-operational emissions test plan submitted with the permit application.
(1) A:
(A) legal description; and
(B) topographic map;
of the site on which the composting facility will be located.
(2) A description of the composting facility that indicates the area to be served by the composting operation.
(3) An estimate of the volume of materials that will be processed annually by the composting facility.
(4) Any other information that the department or the
(1) removing waste tires from sites where waste tires have been disposed of improperly;
(2) properly managing waste tires;
(3) performing surveillance and enforcement activities used to implement proper waste tire management; and
(4) conducting the waste tire education program under section 15 of this chapter.
(b) The department may use money in the fund to provide grants and loans to entities to establish and operate programs involving the following:
(1) Recycling or reuse of waste tires.
(2) Using waste tires as a source of fuel.
(3) Developing markets for waste tires and products containing recycled or reused waste tires.
(c) The
(1) rules adopted under subsection (d); and
(2) section 10 of this chapter;
a whole waste tire may not be disposed of at a solid waste landfill.
(b) The department may approve shredded or ground up tires for use as daily cover for a solid waste landfill.
(c) Material approved under subsection (b) is exempt from
IC 13-20-22 and IC 13-21-13.
(d) The solid waste management board shall adopt rules that allow
for the incidental disposal of small amounts of whole waste tires at
solid waste landfills.
(e) The rules adopted under subsection (d) may allow a landfill
operator to meet the requirements of the rule by employing procedures
designed to achieve the objectives of subsection (d) in lieu of a numeric
standard.
(b) Whole waste tires removed by an operator of a transfer station under subsection (a) shall be disposed of as provided in this chapter.
(c) The
(d) The rules adopted under subsection (c) may allow a transfer station operator to meet the requirements of the rule by employing procedures designed to achieve the objectives of subsection (c) in lieu of a numeric standard.
(1) Adopt rules under IC 4-22-2 and IC 13-14-9 setting standards
for closure and postclosure monitoring and maintenance plans.
(2) Include in the rules a requirement for prior notice of closure
and a time limit for completion of closure.
(1) All facilities operating under permits issued under IC 13-22-3 or IC 13-7-8.5 (before its repeal).
(2) All landfills, surface impoundments, and waste piles, including any new units, replacements of existing units, and lateral expansions of existing units, that receive hazardous waste after July 26, 1982.
(1) Closure.
(2) Postclosure monitoring at hazardous waste facilities.
(3) Any required corrective action at those facilities.
(b) The rules adopted under this section must reflect the provisions for financial responsibility prescribed by section 2 of this chapter.
(b) The department may contract with another state agency to jointly operate the program under a memorandum of agreement that:
(1) may be amended;
(2) must contain the specific duties of the department and the contracting agency; and
(3) is available to the public for inspection.
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 4. The expenses
of administering the provisions of this article that are funded by the
trust fund, including:
(1) IC 13-23-8;
(2) IC 13-23-9; and
(3) IC 13-23-11; and
(4) (3) IC 13-23-12;
shall be paid from money in the fund.
(1) The payment of the costs allowed under IC 13-23-9-2, excluding:
(A) liabilities to third parties; and
(B) the costs of repairing or replacing an underground storage tank;
arising out of releases of petroleum.
(2) Providing payment of part of the liability of owners and operators of underground petroleum storage tanks:
(A) to third parties under IC 13-23-9-3; or
(B) for reasonable attorney's fees incurred in defense of a third party liability claim.
(1) Establish standards, procedures, and penalties for submitting or resubmitting a claim under section 1 of this chapter when the owner or operator has failed to:
(A) register an underground petroleum storage tank from which a release has occurred; or
(B) pay all registration fees that are due under IC 13-23-12-1 by the date the fees are due.
(2) Determine eligibility for new owners or operators that acquire ownership or operation of the underground petroleum storage tank as a result of:
(A) a bona fide, good faith transaction, negotiated at arm's length, between parties under separate ownership and control;
(B) a foreclosure or a deed transferred in lieu of a foreclosure;
(C) the exercise of the person's lien rights; or
(D) an inheritance.
(b) The rules adopted
(1) Eligibility requirements for participation in environmental performance based programs.
(2) Compliance methods and schedules that:
(A) differ from compliance methods and schedules that apply to nonparticipants in environmental performance based programs under rules adopted by the
(B) apply only to participants in environmental performance based programs; and
(C) include any of the following:
(i) Changes to monitoring and reporting requirements and schedules.
(ii) Streamlined submission requirements for permit renewals.
(iii) Prioritized applications.
(iv) Authorization to make without prior governmental approval certain operational changes that do not result in additional environmental impact.
(3) Recognition incentives to encourage participation in environmental performance based programs.
(4) Other incentives consistent with the policies of this title and federal law to encourage participation in environmental performance based programs.
(5) Requirements for participants in environmental performance based programs to implement any of the following:
(A) Continuous improvement environmental systems.
(B) Pollution prevention and waste minimization programs developed under IC 13-27-7.
(1) Discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into:
(A) the environment; or
(B) any publicly owned treatment works;
in any form that causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the
(2) Increase the quantity or strength of a discharge of contaminants into the waters or construct or install a sewer or sewage treatment facility or a new outlet for contaminants into the waters of Indiana without prior approval of the department.
(3) Deposit any contaminants upon the land in a place and manner that creates or would create a pollution hazard that violates or
would violate a rule adopted by one (1) of the boards. board.
(4) Deposit or cause or allow the deposit of any contaminants or
solid waste upon the land, except through the use of sanitary
landfills, incineration, composting, garbage grinding, or another
method acceptable to the solid waste management board.
(5) Dump or cause or allow the open dumping of garbage or of
any other solid waste in violation of rules adopted by the solid
waste management board.
(6) Dispose of solid waste in, upon, or within the limits of or
adjacent to a public highway, state park, state nature preserve, or
recreation area or in or immediately adjacent to a lake or stream,
except:
(A) in proper containers provided for sanitary storage of the
solid waste; or
(B) as a part of a sanitary landfill operation or other land
disposal method approved by the department.
(7) Construct, install, operate, conduct, or modify, without prior
approval of the department, any equipment or facility of any type
that may:
(A) cause or contribute to pollution; or
(B) be designed to prevent pollution.
However, the commissioner or the appropriate board may approve
experimental uses of any equipment, facility, or pollution control
device that is considered necessary for the further development of
the state of the art of pollution control.
(8) Conduct any salvage operation or open dump by open burning
or burn, cause, or allow the burning of any solid waste in a
manner that violates either:
(A) the air pollution control laws; or
(B) the rules adopted by the air pollution control board.
(9) Commence construction of a proposed hazardous waste
facility without having first:
(A) filed an application for; and
(B) received;
a permit from the department.
(10) Commence or engage in the operation of a hazardous waste
facility without having first obtained a permit from the
department.
(11) Deliver any hazardous waste to a hazardous waste facility
that:
(A) is not approved; or
(B) does not hold a permit from the department.
(12) Cause or allow the transportation of a hazardous waste without a manifest if a manifest is required by law.
(13) Violate any:
(A) condition;
(B) limitation; or
(C) stipulation;
placed upon a certificate of environmental compatibility by the hazardous waste facility site approval authority or any other provision of IC 13-22-10.
(14) Apply or allow the application of used oil to any ground surface, except for purposes of treatment in accordance with a permit issued by the department under any of the following:
(A) IC 13-15, except IC 13-15-9.
(B) IC 13-17-11.
(C) IC 13-18-18.
(D) IC 13-20-1.
(15) Commence construction of a solid waste incinerator without first obtaining a permit from the department under IC 13-20-8.
(16) Commence operation of a solid waste incinerator without first obtaining the approval of the department under IC 13-20-8.
(1) Include a direction to cease and desist from violations of the following:
(A) Environmental management laws.
(B) Air pollution control laws.
(C) Water pollution control laws.
(D) A rule adopted by
(2) Impose monetary penalties in accordance with the following:
(A) Environmental management laws.
(B) Air pollution control laws.
(C) Water pollution control laws.
(3) Mandate corrective action, including corrective action to be taken beyond the boundaries of the area owned or controlled by the person to whom the order is directed, to alleviate the violation.
(4) Revoke a permit or condition or modify the terms of a permit.
(1) any provision of:
(A) environmental management laws;
(B) air pollution control laws;
(C) water pollution control laws;
(D) IC 13-18-14-1; or
(E) a rule or standard adopted by
(2) any determination, permit, or order made or issued by the commissioner under:
(A) environmental management laws or IC 13-7 (before its repeal);
(B) air pollution control laws or IC 13-1-1 (before its repeal); or
(C) water pollution control laws or IC 13-1-3 (before its repeal);
is liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) per day of any violation.
(b) The department may:
(1) recover the civil penalty described in subsection (a) in a civil action commenced in any court with jurisdiction; and
(2) request in the action that the person be enjoined from continuing the violation.
(b) "Commission", for purposes of IC 14-13-1, has the meaning set forth in IC 14-13-1-1.
(c) "Commission", for purposes of IC 14-13-2, has the meaning set forth in IC 14-13-2-2.
(d) "Commission", for purposes of IC 14-13-4, has the meaning set forth in IC 14-13-4-1.
(e) "Commission", for purposes of IC 14-13-5, has the meaning set forth in IC 14-13-5-1.
(f) "Commission", for purposes of IC 14-13-6, has the meaning set forth in IC 14-13-6-2.
(g) "Commission", for purposes of IC 14-14-1, has the meaning set forth in IC 14-14-1-3.
(h) "Commission", for purposes of IC 14-20-11, has the meaning set forth in IC 14-20-11-1.
(1) For purposes of IC 14-9-5, the meaning set forth in IC 14-9-5-1.
(2) For purposes of IC 14-9-8-21, the meaning set forth in IC 14-9-8-21.
(3) For purposes of IC 14-9-8-21.5, the meaning set forth in IC 14-9-8-21.5.
(4) For purposes of IC 14-9-9, the meaning set forth in IC 14-9-9-3.
(5) For purposes of IC 14-12-1, the meaning set forth in IC 14-12-1-1.
(6) For purposes of IC 14-12-2, the meaning set forth in IC 14-12-2-2.
(7) For purposes of IC 14-12-3, the meaning set forth in IC 14-12-3-2.
(8) For purposes of IC 14-13-1, the meaning set forth in
IC 14-13-1-2.
(9) For purposes of IC 14-13-2, the meaning set forth in
IC 14-13-2-3.
(10) For purposes of IC 14-16-1, the meaning set forth in
IC 14-16-1-30.
(11) For purposes of IC 14-19-8, the meaning set forth in
IC 14-19-8-1.
(12) For purposes of IC 14-20-11, the meaning set forth in
IC 14-20-11-2.
(13) For purposes of IC 14-21-4, the meaning set forth in
IC 14-21-4-10.
(14) (13) For purposes of IC 14-22-3, the meaning set forth in
IC 14-22-3-1.
(15) (14) For purposes of IC 14-22-4, the meaning set forth in
IC 14-22-4-1.
(16) (15) For purposes of IC 14-22-5, the meaning set forth in
IC 14-22-5-1.
(17) (16) For purposes of IC 14-22-8, the meaning set forth in
IC 14-22-8-1.
(18) (17) For purposes of IC 14-22-34, the meaning set forth in
IC 14-22-34-2.
(19) (18) For purposes of IC 14-23-3, the meaning set forth in
IC 14-23-3-1.
(20) (19) For purposes of IC 14-24-4.5, the meaning set forth in
IC 14-24-4.5-2(5).
(21) (20) For purposes of IC 14-25-2-4, the meaning set forth in
IC 14-25-2-4.
(22) (21) For purposes of IC 14-25-10, the meaning set forth in
IC 14-25-10-1.
(23) For purposes of IC 14-25-11-19, the meaning set forth in
IC 14-25-11-19.
(24) (22) For purposes of IC 14-25.5, the meaning set forth in
IC 14-25.5-1-3.
(25) (23) For purposes of IC 14-28-5, the meaning set forth in
IC 14-28-5-2.
(26) (24) For purposes of IC 14-31-2, the meaning set forth in
IC 14-31-2-5.
(27) (25) For purposes of IC 14-25-12, the meaning set forth in
IC 14-25-12-1.
(28) (26) For purposes of IC 14-32-8, the meaning set forth in
IC 14-32-8-1.
(29) (27) For purposes of IC 14-33-14, the meaning set forth in
IC 14-33-14-3.
(30) (28) For purposes of IC 14-33-21, the meaning set forth in
IC 14-33-21-1.
(31) (29) For purposes of IC 14-34-6-15, the meaning set forth in
IC 14-34-6-15.
(32) (30) For purposes of IC 14-34-14, the meaning set forth in
IC 14-34-14-1.
(33) (31) For purposes of IC 14-34-19-1.3, the meaning set forth
in IC 14-34-19-1.3(a).
(34) (32) For purposes of IC 14-34-19-1.5, the meaning set forth
in IC 14-34-19-1.5(a).
(35) (33) For purposes of IC 14-37-10, the meaning set forth in
IC 14-37-10-1.
(1) The commissioner of the Indiana department of transportation or the commissioner's designee.
(2) The commissioner of the department of environmental management or the commissioner's designated deputy.
(3) The director of the office of tourism development or the director's designee.
(4) The director of the department.
two (2) of whom must have knowledge, experience, or education
in the environment or in natural resource conservation. Not more
than three (3) citizen members may be of the same political party.
(1) IC 14-9.
(2) This article.
(3) IC 14-11.
(4) IC 14-12-2.
(5) IC 14-14.
(6) IC 14-17-3.
(7) IC 14-18, except IC 14-18-6 and IC 14-18-8.
(8) IC 14-19-1 and IC 14-19-8.
(9) IC 14-21.
(10) IC 14-22-3, IC 14-22-4, and IC 14-22-5.
(11) IC 14-23-1.
(12) IC 14-25, except IC 14-25-8-3
(13) IC 14-26.
(14) IC 14-27.
(15) IC 14-28.
(16) IC 14-29.
(17) IC 14-35-1, IC 14-35-2, and IC 14-35-3.
(18) IC 14-37.
(19) IC 14-38, except IC 14-38-3.
(b) A rule adopted under subsection (a) expires not later than one (1) year after the rule is accepted for filing by the publisher of the Indiana Register.
(1) Develop a program of historical, architectural, and archeological research and development, including continuing surveys, excavations, scientific recording, interpretation, and publication of the state's historical, architectural, and archeological resources.
(2) Prepare a preservation plan for the state that establishes
planning guidelines to encourage the continuous maintenance and
integrity of historic sites and historic structures. However, the
plan is not effective until the plan has been
(A) presented to the council for review and comment; and
(B) approved by the review board after public hearing.
(3) Undertake the action necessary to qualify the state for
participation in sources of federal aid to further the purposes
stated in subdivisions (1) and (2).
(4) Provide information on historic sites and structures within
Indiana to federal, state, and local governmental agencies, private
individuals, and organizations.
(5) Advise and coordinate the activities of local historical
associations, historic district commissions, historic commissions,
and other interested groups or persons.
(6) Provide technical and financial assistance to local historical
associations, historic district commissions, historic commissions,
and other interested groups or persons.
(7) Review environmental impact statements as required by
federal and state law for actions significantly affecting historic
properties.
(1) Recommend the purchase, lease, or gift of historic property of archeological importance and make recommendations to the director
(2) Prepare and review planning and research studies relating to archeology.
(3) Conduct a program of education in archeology, either within the division or in conjunction with a postsecondary educational institution.
(4) Inspect and supervise an archeological field investigation authorized by this chapter.
"water utility" means:
(1) a public utility (as defined in IC 8-1-2-1(a));
(2) a municipally owned utility (as defined in IC 8-1-2-1(h));
(3) a not-for-profit utility (as defined in IC 8-1-2-125(a));
(4) a cooperatively owned corporation;
(5) a conservancy district established under IC 14-33; or
(6) a regional water district established under IC 13-26;
that provides water service to the public.
(b) A person that seeks to contract with the commission for the
provision of certain minimum quantities of stream flow or the sale of
water on a unit pricing basis under section 2 of this chapter must
submit a request to the commission and the department. The
commission shall not make a determination as to whether to enter into
a contract with the person making the request until:
(1) the procedures set forth in this section have been followed;
and
(2) the commission has reviewed and considered each report
submitted to the commission under subsection (i).
(c) Not later than thirty (30) days after receiving a request under
subsection (b), the department shall provide, by certified mail, written
notice of the request to the following:
(1) Each person with whom the commission holds a contract for:
(A) the provision of certain minimum quantities of stream
flow; or
(B) the sale of water on a unit pricing basis;
as of the date of the request.
(2) The executive and legislative body of each:
(A) county;
(B) municipality, if any; and
(C) conservancy district established under IC 14-33, if any;
in which the water sought in the request would be used.
(3) The executive and legislative body of each:
(A) county;
(B) municipality, if any; and
(C) conservancy district established under IC 14-33, if any;
in which the affected reservoir is located.
(d) Not later than seven (7) days after receiving a notice from the
department under subsection (c), each person described in subsection
(c)(1) shall, by certified mail, provide written notice of the request to
each:
(1) water utility; or
(2) other person;
that contracts with the person described in subsection (c)(1) for the purchase of water for resale. Each person to whom notice is mailed under this subsection is in turn responsible for providing written notice by certified mail to each water utility or other person that purchases water from that person for resale. A water utility or another person required to provide notice under this subsection shall mail the required notice not later than seven (7) days after it receives notice of the request from the water utility or other person from whom it purchases water for resale.
(e) At the same time that:
(1) a person described in subsection (c)(1); or
(2) a water utility or another person described in subsection (d);
mails any notice required under subsection (d), it shall also mail to the department, by certified mail, a list of the names and addresses of each water utility or other person to whom it has mailed the notice under subsection (d).
(f) In addition to the mailed notice required under subsection (c), the department shall publish notice of the request, in accordance with IC 5-3-1, in each county:
(1) in which a person described in section (c)(1) is located;
(2) in which the affected reservoir is located;
(3) in which the water sought in the request would be used; and
(4) in which a water utility or other person included in a list received by the department under subsection (e) is located.
Notwithstanding IC 5-3-1-6, in each county in which publication is required under this subsection, notice shall be published in at least one (1) general circulation newspaper in the county. The department may, in its discretion, publish public notices in a qualified publication (as defined in IC 5-3-1-0.7) or additional newspapers to provide supplementary notification to the public. The cost of publishing supplementary notification is a proper expenditure of the department.
(g) A notice required to be mailed or published under this section must:
(1) identify the person making the request;
(2) include a brief description of:
(A) the nature of the pending request; and
(B) the process by which the commission will determine whether to enter into a contract with the person making the request;
(3) set forth the date, time, and location of the public meeting required under subsection (h); and
(4) in the case of a notice that is required to be mailed under
subsection (c)(1) or (d), a statement of the recipient's duty to in
turn provide notice to any:
(A) water utility; or
(B) other person;
that purchases water for resale from the recipient, in accordance
with subsection (d).
(h) The advisory council established by IC 14-9-6-1 commission
shall hold a public meeting in each county in which notice is published
under subsection (f). A public meeting required under this subsection
must include the following:
(1) A presentation by the department describing:
(A) the nature of the pending request; and
(B) the process by which the commission will determine
whether to enter into a contract with the person making the
request.
(2) An opportunity for public comment on the pending request.
The advisory council commission may appoint a hearing officer to
assist with a public meeting held under this subsection.
(i) Not later than thirty (30) days after a public meeting is held
under subsection (h), the advisory council commission shall submit to
the commission prepare a report summarizing the public meeting.
(b) The deputy director for water and resource regulation shall serve as technical secretary to the commission. The deputy director shall perform the duties that are required by this chapter or that the commission directs.
of representatives.
These members are entitled to travel expenses and a per diem
allowance as determined by the budget agency for members of boards
and commissions generally.
(e) (c) The department shall provide professional, technical, and
clerical personnel, equipment, supplies, and support services
reasonably required to assist the commission in the exercise of the
commission's powers and duties under this chapter. The department
shall include money for this purpose in the regular operating budget
requests of the department.
(1) The appropriateness of the permit threshold amounts established in section 7(a) of this chapter considering:
(A) advances made under section 1.4 of the compact;
(2) Any changes in those amounts that the general assembly deems warranted.
(1) The name of the lake.
(2) The county and specific location within the county where the lake is located.
(b) A person may obtain administrative review from the commission
for the listing or nonlisting of a lake as a public freshwater lake through
a licensure action, status determination, or enforcement action under
IC 4-21.5.
(1) One (1) member from the school of veterinary medicine of Purdue University upon the recommendation of the Purdue University board of trustees.
(2) Two (2) members, each of whom must:
(A) be a graduate of a veterinary college accredited by the American Veterinarian Medical Association and licensed and accredited to practice veterinary medicine and surgery in Indiana;
(B) have at least five (5) years experience in veterinary medicine; and
(C) actually be engaged in the general practice of veterinary medicine during the member's term on the board.
The members appointed under this subdivision may not belong to the same political party.
(3) Seven (7) members with the following qualifications:
(A) One (1) member must be engaged in poultry production.
(B) One (1) member must be engaged in dairying.
(C) One (1) member must be engaged in swine production.
(D) One (1) member must be engaged in beef-type cattle production.
(E) One (1) member must be engaged in horse production.
(F) One (1) member must be engaged in sheep production.
(G) One (1) member must be:
(i) engaged in small animal veterinary medical practice; and
(ii) a veterinarian licensed and accredited to practice veterinary medicine and surgery in Indiana who has been licensed and accredited for at least five (5) years.
The members appointed under clauses (A) through (F) must be producers of livestock or poultry who are engaged in livestock or poultry production during their service on the board. Not more than four (4) of the members appointed under this subdivision may belong to the same political party.
(4) One (1) member who holds or is affiliated with
livestock market. an organization that holds any of the
following issued by the board:
(A) A license issued under this article.
(B) A grant of inspection issued to a meat processing
establishment under IC 15-17-5.
(C) A permit issued to a milk plant under IC 15-18-1.
(b) Area boards of health created under this chapter have jurisdiction with the
(1) to:
(A) the legislative council; and
(B) the department of education;
in an electronic format under IC 5-14-6; and
(2) to the facilities manager and superintendent of each school corporation.
(b) The department shall review and revise the manual developed under subsection (a) at least once every three (3) years to assure that the manual continues to represent best practices available to schools.
(1) the 4R's technology grant program to assist school corporations (on behalf of public schools) in purchasing technology equipment:
(A) for kindergarten and grade 1 students, to learn reading, writing, and arithmetic using technology;
(B) for students in all grades, to understand that technology is a tool for learning; and
(C) for students in kindergarten through grade 3 who have been identified as needing remediation, to offer daily remediation opportunities using technology to prevent those students from failing to make appropriate progress at the particular grade level;
(2) a school technology program developed by the department. The program may include grants to school corporations for the purchase of:
(A) equipment, hardware, and software;
(B) learning and teaching systems; and
(C) other materials;
that promote student learning, as determined by the department.
(3) providing educational technologies, including computers in the homes of students;
(4) conducting educational technology training for teachers; and
(5) other innovative educational technology programs.
(b) The department may also use money in the fund under contracts
entered into with the office of technology established by IC 4-13.1-2-1
to study the feasibility of establishing an information
telecommunications gateway that provides access to information on
employment opportunities, career development, and instructional
services from data bases operated by the state among the following:
(1) Elementary and secondary schools.
(2) Postsecondary educational institutions.
(3) Career and technical educational centers and institutions that
are not postsecondary educational institutions.
(4) Libraries.
(5) Any other agencies offering education and training programs.
(c) The fund consists of:
(1) state appropriations;
(2) private donations to the fund;
(3) money directed to the fund from the corporation for
educational technology under IC 20-20-15; or
(4) (3) any combination of the amounts described in subdivisions
(1) through (3). this subsection.
(d) The fund shall be administered by the department.
(e) Unexpended money appropriated to or otherwise available in the
fund at the end of a state fiscal year does not revert to the state general
fund but remains available to the department for use under this chapter.
(f) Subject to section 7 of this chapter, a school corporation may use
money from the school corporation's capital projects fund as permitted
under IC 20-40-8 for educational technology equipment.
unless the school corporation develops a three (3) year technology plan.
(b) Each technology plan must include at least the following information:
(1) A description of the school corporation's intent to integrate technology into the school corporation's curriculum.
(2) A plan for providing inservice training.
(3) A schedule for maintaining and replacing educational technology equipment.
(4) A description of the criteria used to select the appropriate educational technology equipment for the appropriate use.
(5) Other information requested by the department after consulting with the budget agency.
(c) The department shall develop guidelines concerning the development of technology plans. The guidelines developed under this subsection are subject to the approval of the governor.
(b) In addition to any other funds available under this chapter, if state funds are transferred under IC 20-32-5-19 to the 4R's technology program:
(1) those funds do not revert to the state general fund;
(2) those funds shall be made available to the 4R's technology program under this chapter; and
(3) the department, upon approval by the governor and the budget agency, shall use those funds to award grants under this section.
(c) To be eligible to receive a grant under the program, a school corporation must comply with the following:
(1) The school corporation must apply to the department for a grant on behalf of a school within the school corporation to purchase technology equipment.
(2) The school corporation must certify the following:
(A) That the school will provide every kindergarten and grade 1 student at that school the opportunity to learn reading, writing, and arithmetic using technology.
(B) That the school will provide daily before or after school technology laboratories for students in grades 1 through 3 who have been identified as needing remediation in reading, writing, or arithmetic.
(C) That the school will provide additional technology
opportunities, that may include Saturday sessions, for students
in other grade levels to use the technology laboratories for
remediation in reading, writing, arithmetic, or mathematics.
(D) That the school will provide technology opportunities to
students that attend remediation programs under IC 20-32-8 (if
the school corporation is required to do so) or any other
additional summer programs.
(E) That the school corporation either through its own or the
school's initiative or through donations made to the
corporation for educational technology under IC 20-20-15 on
behalf of the school corporation, is able to provide a part of the
costs attributable to purchasing the necessary technology
equipment.
(3) The school corporation must include in the application the
sources of and the amount of money secured under subdivision
(2)(E).
(4) The school corporation or the school must:
(A) provide teacher training services; or
(B) use vendor provided teacher training services.
(5) The school corporation must give primary consideration to the
purchase of technology equipment that includes teacher training
services.
(6) The teachers who will be using the technology equipment
must support the initiative described in this chapter.
(d) Upon review of the applications by the department, the
satisfaction of the requirements set forth in subsection (c), and subject
to the availability of funds for this purpose, the department shall award
to each eligible school corporation a grant to purchase technology
equipment under section 6(a)(1) of this chapter.
(e) The department shall monitor the compliance by the school
corporations receiving grants of the matters cited in subsection (c).
(1) review;
(2) suggest changes;
(3) approve; or
(4) reject;
a school corporation's technology plan.
(b) Any assets and obligations of the corporation are transferred to the office of the secretary of family and social services on June 30, 2012.
(c) This SECTION expires December 31, 2012.
(b) On July 1, 2012, any appropriation for the fiscal year beginning July 1, 2012, and ending June 30, 2013, made to:
(1) the family and social services administration for the commission on the social status of black males in P.L.229-2011;
(2) the department of workforce development for the
commission on Hispanic/Latino affairs in P.L.229-2011;
(3) the department of workforce development for the women's
commission in P.L.229-2011; and
(4) the department of workforce development for the Native
American Indian affairs commission in P.L.229-2011;
is transferred to the commission.
(c) This SECTION expires June 30, 2013.
(b) Any member of the Native American Indian affairs commission under IC 4-4-31.4, before its repeal by this act, is a member of the Native American Indian affairs commission under IC 4-23-32, as added by this act.
(c) This SECTION expires December 31, 2013.
