Bill Text: IN HB1002 | 2012 | Regular Session | Engrossed
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-Engrossed.html
Citations Affected: Numerous provisions throughout the Indiana
Code.
(SENATE SPONSORS _ LAWSON C, LANDSKE, TAYLOR)
January 9, 2012, read first time and referred to Select Committee on Government
Reduction.
January 23, 2012, amended, reported _ Do Pass.
January 27, 2012, read second time, amended, ordered engrossed.
January 30, 2012, engrossed. Read third time, passed. Yeas 97, nays 0.
February 1, 2012, read first time and referred to Committee on Public Policy.
February 16, 2012, amended, reported favorably _ Do Pass.
February 28, 2012, read second time, amended, ordered engrossed.
Digest Continued
males and the Native American Indian affairs commission and re-enacts them in the article of the Indiana Code dealing with commissions. Transfers staffing responsibility for the commission on the social status of black males from the division of family resources, family and social services, to the civil rights commission. Transfers staffing responsibility for the Native American Indian affairs commission, the Indiana commission for women, and the commission on Hispanic/Latino affairs from the department of workforce development to the civil rights commission. Makes conforming technical changes. Provides that a capital investment tax credit may not be granted after December 31, 2016. Repeals the law that establishes the tobacco farmers and rural community impact fund. Repeals the law that allows certain political subdivisions to borrow money for rural community water supply systems. Removes obsolete references to the abandoned railroad corridors board. Reduces the membership of the natural resources advisory council from eleven to seven members; provides for the council to meet in January and on the call of the chairperson; and makes conforming changes. 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) Air pollution control board. (4) Water pollution control board. (5) Solid waste management board. (6) Indiana arts commission trust fund board. (7) Council on library automation. (8) Library advisory council. (9) Law enforcement, school policing, and youth work group. (10) Affordable housing and community development fund advisory committee. (11) Indiana health informatics corporation. (12) Ohio River bridges project commission. (13) Veterans' home advisory committee. (14) Mental health corrections quality advisory committee. (15) Department of local government finance rule adoption committee. (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 (IC 2-5-1.6).
(IC 2-5-12).
(6) (7) The probate code study commission (IC 2-5-16).
(7) (8) The administrative rules oversight committee (IC 2-5-18).
(8) (9) The census data advisory committee (IC 2-5-19).
(9) (10) The commission on military and veterans affairs
(IC 2-5-20).
(10) (11) A committee covered by IC 2-5-21.
(11) (12) The health finance commission (IC 2-5-23).
(12) (13) The water resources study committee (IC 2-5-25).
(13) (14) The select joint commission on Medicaid oversight
(IC 2-5-26).
(14) (15) The commission on developmental disabilities
(IC 2-5-27.2).
(15) (16) The youth advisory council (IC 2-5-29).
(16) (17) The unemployment insurance oversight committee
(IC 2-5-30).
(17) (18) The criminal law and sentencing policy study committee
(IC 2-5-33.4).
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.
(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 the
financial assurance board; and
(i) the air pollution control board;
(ii) the water pollution control board;
(iii) the solid waste management board; and
(iv) the financial assurance board; 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 any of the boards (as defined in
IC 13-11-2-18) the board (as defined in IC 13-13-8-1), the
notice published under IC 13-14-9-3 or the findings published
under IC 13-14-9-8(b)(1), whichever applies;
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 any of the boards (as defined in
IC 13-11-2-18) the board (as defined in IC 13-13-8-1) under
IC 13-14-9. Subject to subsection (g), the department shall include in
the notice provided under IC 13-14-9-3 or in the findings published
under IC 13-14-9-8(b)(1), whichever applies, and in the publication of
the final rule in the Indiana Register:
(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.
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 37.1. (a) This section applies to a rulemaking
action resulting in any of the following rules:
(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 solid waste management
environmental rules board under IC 13-22-2-3 and classifying
a waste as hazardous.
(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 air pollution control
board, the solid waste management board, or the water pollution
control environmental rules board under IC 13-15-4-10(4) or to
comply with a deadline required by or other date provided by
federal law, provided:
(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.
(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) (a)(36) 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 fund consists of the following:
(1) Appropriations of the general assembly from revenue sources determined by the general assembly and in an amount determined by the general assembly.
(2) Donations to the fund from public or private sources.
(3) Interest and dividends on assets of the fund.
(4) Money transferred to the fund from other funds.
(5) Fees from the Indiana arts trust license plate issued under IC 9-18-41.
(6) Money from other sources that the
1, 2012]. Sec. 7. The chairman of the commission shall designate one
(1) of the chairman's appointees to the board as the chairman of the
board.
(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.
council to the Indiana library and historical board for confirmation.
(d) The Indiana library and historical board shall establish a process
to select the members appointed under subsection (b)(7).
(e) Except as provided in subsection (f), the terms of office for
council members is three (3) years.
(f) The Indiana library and historical board shall establish the
procedures for the council, including staggering the terms for initial
members of the council.
(g) The council may do the following:
(1) Encourage planning by individual libraries and groups of
libraries with regard to library automation.
(2) Annually update and distribute the statewide library
automation and resource sharing plan.
(3) Submit to the state library board its recommendations
concerning the adoption of library automation standards under
IC 4-23-7.1-11(b).
(4) Encourage library automation, resource sharing, and document
delivery programs that are consistent with state technology
strategies, educational programs, and economic interests.
(5) Consult with appropriate agencies and organizations with an
interest in library automation and resource sharing in Indiana.
(h) The council shall provide an annual report to the Indiana library
and historical board on the council's activities and progress made
towards meeting the goals in the statewide library automation and
resource sharing plan. The council shall recommend to the Indiana
library and historical board funding strategies that support the goals
and initiatives contained in the statewide plan.
established by IC 4-23-7-3.
(7) (6) "Public library" has the meaning set forth in IC 36-12-1-5.
(8) (7) "State library" means the Indiana state library established
by IC 4-23-7-3.
(9) (8) "Statewide library card program" refers to the program
established by section 5.1 of this chapter.
(b) The board
or
(2) reimbursement from state funds for traveling expenses and
other expenses actually incurred in connection with the member's
duties.
(b) The expenses of the commission shall be paid from appropriations made to the
(b) If money is appropriated under subsection (a), the money does not revert to the state general fund at the end of a state fiscal year but remains available to the
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.
(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.
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.
(b) The corporation may enter into contracts necessary for the administration of this chapter, including contracts for servicing loans from the fund.
1, 2012]. Sec. 21. Before July 2 each year, the corporation shall provide
the legislative council and the governor with a report that includes the
following information:
(1) The number of applications for incubators received by the
corporation.
(2) The number of applications for incubators approved by the
corporation.
(3) The number of incubators created under this chapter.
(4) The number of tenants occupying each incubator.
(5) The occupancy rate of each incubator.
(6) The number of jobs provided by each incubator and the
tenants of each incubator.
(7) The number of firms still operating in Indiana after leaving
incubators and the number of jobs provided by those firms. The
corporation shall attempt to identify the reasons firms that were
established in an incubator have moved to another state.
The report to the legislative council must be in an electronic format
under IC 5-14-6.
(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.
state tax liability credit under any of the following:
(1) IC 6-3.1-7.
(2) IC 6-3.1-13.
(3) IC 6-3.1-13.5 (until January 1, 2020).
(4) IC 6-3.1-26.
(5) IC 6-3.1-27.
(6) IC 6-3.1-28.
(7) IC 6-3.1-30.
(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.
(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).
(5) IC 6-3.1-13.5 (capital investment tax credit) (before its expiration on January 1, 2020).
(6) IC 6-3.1-19 (community revitalization enhancement district tax credit).
(7) IC 6-3.1-24 (venture capital investment tax credit).
(8) IC 6-3.1-26 (Hoosier business investment tax credit).
(9) IC 6-3.1-31.9 (Hoosier alternative fuel vehicle manufacturer tax 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.
(b) This chapter expires January 1, 2020.
(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.
by the board, the The departments annually shall assemble a written
report containing the following information:
(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.
(b) The treasurer of state shall invest the money in the Indiana Native American trust fund not currently needed to meet the obligations of the Indiana Native American trust fund in the same manner as other public trust funds are invested. Interest that accrues from these investments shall be deposited in the Indiana Native American trust fund.
(c) The commissioner shall administer the Indiana Native American trust fund. Expenses of administering the Indiana Native American trust fund shall be paid from money in the Indiana Native American trust fund.
(d) On June 30 of each year, the commissioner shall distribute the money from the fund as follows:
(1) To Historic Prophetstown for a calendar year ending before January 1, 2009.
(2) To the Native American Indian affairs commission established under
(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(f) The Native American Indian affairs commission may use money received under this section for any lawful purpose of the Native American Indian affairs commission.
(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.
(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.
(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).
(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) The rules adopted by the entities abolished under subsection
(a) shall be treated, administered, and implemented as follows:
(1) The rules adopted before January 1, 2013, by the air
pollution control board abolished under subsection (a)(1):
(A) shall be treated as though the rules were adopted by
the environmental rules board; and
(B) shall be administered and implemented by the air
pollution control division of the department described in
IC 13-13-3-2(1).
(2) The rules adopted before January 1, 2013, by the water
pollution control board abolished under subsection (a)(2):
(A) shall be treated as though the rules were adopted by
the environmental rules board; and
(B) shall be administered and implemented by the water
pollution control division of the department described in
IC 13-13-3-2(2).
(3) The rules adopted before January 1, 2013, by the solid
waste management board abolished under subsection (a)(3):
(A) shall be treated as though the rules were adopted by
the environmental rules board; and
(B) shall be administered and implemented by the solid
waste management division of the department described in
IC 13-13-3-2(3).
(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. (a) The board consists of the following sixteen (16)
members:
(1) The following ex officio members:
(A) The commissioner. The commissioner, or the
commissioner's designee, serves as a nonvoting member of
the board.
(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 eleven (11) 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 a public utility that engages in
the production and transmission of electricity.
(J) Two (2) representatives of the general public, who
cannot qualify to sit on the board under any of the other
clauses in this subdivision.
(b) An individual appointed under subsection (a)(2) must
possess knowledge, experience, or education qualifying the
individual to represent the constituency the individual is being
recommended to represent.
Sec. 5. Except as provided in section 4(a)(1)(A) of this chapter,
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
within 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. Eight (8) members of the board, five (5) 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) federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended
by the Clean Air Act Amendments of 1990;
(2) federal Resource Conservation and Recovery Act (42
U.S.C. 6901 et seq.);
(3) federal 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) federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.); and
(5) federal Safe Drinking Water Act (42 U.S.C. 300f through
300j).
Sec. 12. (a) The board shall select, from a list of three (3)
qualified individuals recommended by the governor, an
independent third party who is not an employee of the state to
serve as technical secretary of the board.
(b) Between meetings of the board, the department shall do the
following:
(1) Handle correspondence.
(2) Make or arrange for investigations and surveys.
(3) Obtain, assemble, or prepare reports and data as directed
by the board.
(c) The technical secretary shall review all materials prepared
for the board by the department to make any necessary revisions.
Provisions of this chapter concerning terms of appointment,
vacancies, and compensation of appointed board members apply
to the technical secretary. The technical secretary is not a voting
member of the board.
Sec. 13. (a) The board may select, from a list of three (3)
qualified individuals recommended by the governor, an
independent third party who is not an employee of the state to
serve as legal counsel.
(b) The legal counsel shall do the following:
(1) Advise the board on legal matters or proceedings arising
from the exercise of the board's duties.
(2) Review all materials prepared for the board by the
department for legal accuracy and sufficiency and direct the
department to make any necessary revisions.
(c) Provisions of this chapter concerning terms of appointment,
vacancies, and compensation of appointed board members apply
to the legal counsel. The legal counsel is not a voting member of the
board.
Sec. 14. The board may establish advisory committees for the
purpose of giving advice on any matters pertaining to the business
of the board. A member appointed to an advisory committee shall
serve at the pleasure of the board and is not entitled to a salary, per
diem, or reimbursement of expenses.
Sec. 15. 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;
may have a designated agent, upon presentation of proper credentials,
enter upon private or public property to inspect for and investigate
possible violations of any of the following:
(1) Air pollution control laws.
(2) Water pollution control laws.
(3) Environmental management laws.
(4) IC 13-18-9.
(5) IC 13-18-10.
(6) IC 13-19-2.
(7) (6) IC 13-19-3.
(8) (7) Any rule adopted by one (1) of the boards. board.
(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
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 1. (a) Except as provided in sections 8 and
14 of this chapter, this chapter applies to the following:
(1) A The board.
(2) The underground storage tank financial assurance board
established by IC 13-23-11-1.
(b) In addition to the requirements of IC 4-22-2 and IC 13-14-8, a
board may not adopt a rule except in accordance with this chapter.
(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
(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.
(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 boards board may establish.
(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.
(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
(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
(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
(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 boards board must specify the maximum allowable
level of radioactive discharge.
(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.
proposed rules. The rules may prescribe requirements for the
following:
(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.
pollution control board shall adopt rules for the control and prevention
of pollution in waters of Indiana with any substance:
(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 water pollution control board are met; or
(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.
treatment system and the complexity and size for the distribution
system.
(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;
(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.
and the boards board shall allow a person to use foundry sand that
meets Type III criteria under 329 IAC 10-9 for the following activities
in accordance with guidance without requiring the person to obtain any
permits from the department:
(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.
control.
(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
management board requires by rule.
(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
(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.
The standards must require that corrective action be taken beyond the
facility boundary where necessary to protect human health and the
environment, unless the owner or operator of the facility concerned
demonstrates to the satisfaction of the commissioner that, despite the
best efforts of the owner or operator, the owner or operator is unable to
obtain the necessary permission to undertake that action. The rules
adopted under this section apply to the following:
(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.
JANUARY 1, 2013]: Sec. 3. (a) The following boards may adopt rules
to implement this chapter to the extent consistent with federal law:
(1) The boards. board.
(2) The underground storage tank financial assurance board
established by IC 13-23-11-1.
(b) The rules adopted by the entities under subsection (a) may
establish
the following:
(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 boards;
(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.
the rules necessary to implement this chapter.
(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
(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
(5) Dump or cause or allow the open dumping of garbage or of any other solid waste in violation of rules adopted by the
(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
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.
the commissioner under this chapter may do any of the following:
(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 one (1) of the boards. board.
(E) A rule adopted by the underground storage tank
financial assurance board created by IC 13-23-11-1.
(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;
(E) a rule or standard adopted by
(F) a rule or standard adopted by the underground storage tank financial assurance board created by IC 13-23-11-1; or
(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.
(1) The board.
(2) The underground storage tank financial assurance board created by IC 13-23-11-1.
(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.
1, 2012]. Sec. 149. "Legislative body", for purposes of IC 14-25-11, has
the meaning set forth in IC 14-25-11-3.
(b) Not more than
(1) shall hold
(2) may hold
(1) A chairperson and vice chairperson.
(2) Any other officer needed to carry out the business of the advisory council.
(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.
(b) If Native American Indian human remains are removed from a burial ground, the department shall provide the following to the Native American Indian affairs commission:
(1) Any written findings or reports that result from the analysis and study of the human remains.
(2) Written notice to the Native American Indian affairs commission that the analysis and study of the human remains are complete.
(c) After receiving written notice under subsection (b)(2), the Native American Indian affairs commission shall make recommendations to the department regarding the final disposition of the Native American Indian human remains.
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 9. Not later than ten (10) years after the compact
takes effect under section 9.4 of the compact, the general assembly
shall study and make findings and recommendations concerning the
following:
(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;
(B) findings under IC 14-25-14; and
(C) (B) other new water management technology and practices
that become available.
(2) Any changes in those amounts that the general assembly
deems warranted.
(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
(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
may use a manual on indoor air quality in schools developed by a
federal health or environmental agency or another state and make
additions or revisions to the manual with the input and advice of the air
quality panel established by section 3 of this chapter, to make the
manual most useful to Indiana schools. The state department shall
provide the manual:
(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;
(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.
(1) receive any money under this chapter;
(2) use money from the school corporation's capital projects fund for educational technology equipment under IC 20-40-8; or
(3) receive an advance from the common school fund for an educational technology program under IC 20-49-4;
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,
(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) A report filed under this section must:
(1) be prepared in the form prescribed by the special assistant for
technology; and
(2) include a list of expenditures made by the school corporation
during the preceding calendar year from the school corporation's:
(A) fund for purposes described in this chapter;
(B) capital projects fund for purposes described in
IC 20-40-8-13; and
(C) debt service fund to provide financing for any equipment
or facilities used to provide educational technology programs.
(c) Before April 1 of each year, the special assistant for technology
shall
(1) compile the information contained in the reports filed under
this section. and
(2) present that compilation to the educational technology
council.
(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.
IC 12-13-12, before its repeal by this act, is a member of the
commission on the social status of black males under IC 4-23-31,
as added by this act.
(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.