Second Regular Session 117th General Assembly (2012)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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NEW will appear in that style type in the introductory clause of each SECTION that adds
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HOUSE ENROLLED ACT No. 1002
AN ACT to amend the Indiana Code concerning state offices and administration and to
make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 2-5-1.2-1; (12)HE1002.1.1. -->
SECTION 1. IC 2-5-1.2-1, AS AMENDED BY HEA 1009-2012,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. (a) Except as provided in subsection (b) or
otherwise in this article, this chapter applies to all committees
established under this article.
(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).
(2) (3) The commission on interstate cooperation (IC 2-5-2).
(3) (4) The commission on state tax and financing policy
(IC 2-5-3).
(4) (5) The natural resources study committee (IC 2-5-5).
(5) (6) The pension management oversight commission
(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).
SOURCE: IC 2-5-1.6; (12)HE1002.1.2. -->
SECTION 2. IC 2-5-1.6 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]:
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.
SOURCE: IC 4-4-9.7-8; (12)HE1002.1.3. -->
SECTION 3. IC 4-4-9.7-8 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 8. The director shall establish a board to advise the office
in the implementation of the duties of the office.
SOURCE: IC 4-4-31.4; (12)HE1002.1.4. -->
SECTION 4. IC 4-4-31.4 IS REPEALED [EFFECTIVE JULY 1,
2012]. (Native American Indian Affairs Commission).
SOURCE: IC 4-12-9; (12)HE1002.1.5. -->
SECTION 5. IC 4-12-9 IS REPEALED [EFFECTIVE JULY 1,
2012]. (Tobacco Farmers and Rural Community Impact Fund).
SOURCE: IC 4-21.5-7-3; (12)HE1002.1.6. -->
SECTION 6. IC 4-21.5-7-3, AS AMENDED BY P.L.99-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 3. (a) The office of environmental
adjudication is established to review, under this article, agency actions
of the department of environmental management, actions of a board
described in IC 13-14-9-1, and challenges to rulemaking actions by a
board described in IC 13-14-9-1 made pursuant to IC 4-22-2-44 or
IC 4-22-2-45.
(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.
SOURCE: IC 4-22-2-28.1; (12)HE1002.1.7. -->
SECTION 7. IC 4-22-2-28.1, AS AMENDED BY P.L.110-2010,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 28.1. (a) This section applies to the
following:
(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
by any of
the
boards (as defined in IC 13-11-2-18). board (as defined in
IC 13-13-8-1).
(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.
SOURCE: IC 4-22-2-28.2; (12)HE1002.1.8. -->
SECTION 8. IC 4-22-2-28.2, AS ADDED BY P.L.239-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 28.2. (a) This section applies to a violation
described in subsection (c) that occurs after June 30, 2005. However,
in the case of a violation of a rule adopted under IC 13-14-9 by the
department of environmental management or any of the boards board
(as defined in IC 13-11-2-18), IC 13-13-8-1), the procedures set forth
in IC 13-30-4-3 and IC 13-30-7 apply instead of this section.
(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.
SOURCE: IC 4-22-2-37.1; (12)HE1002.1.9. -->
SECTION 9. IC 4-22-2-37.1, AS AMENDED BY P.L.229-2011,
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.
(31) An emergency rule adopted by the board of the Indiana
health informatics corporation under IC 5-31-5-8.
(32) (31) An emergency rule adopted by the department of child
services under IC 31-25-2-21, IC 31-27-2-4, IC 31-27-4-2, or
IC 31-27-4-3.
(33) (32) An emergency rule adopted by the Indiana real estate
commission under IC 25-34.1-2-5(15).
(34) (33) A rule adopted by the department of financial
institutions under IC 24-4.4-1-101 and determined necessary to
meet an emergency.
(35) (34) An emergency rule adopted by the state board of
pharmacy regarding returning unused medication under
IC 25-26-23.
(36) (35) An emergency rule adopted by the department of local
government finance under IC 6-1.1-12.6 or IC 6-1.1-12.8.
(37) (36) An emergency rule adopted by the office of the secretary
of family and social services or the office of Medicaid policy and
planning concerning the following:
(A) Federal Medicaid waiver program provisions.
(B) Federal programs administered by the office of the
secretary.
(b) The following do not apply to rules described in subsection (a):
(1) Sections 24 through 36 of this chapter.
(2) IC 13-14-9.
(c) After a rule described in subsection (a) has been adopted by the
agency, the agency shall submit the rule to the publisher for the
assignment of a document control number. The agency shall submit the
rule in the form required by section 20 of this chapter and with the
documents required by section 21 of this chapter. The publisher shall
determine the format of the rule and other documents to be submitted
under this subsection.
(d) After the document control number has been assigned, the
agency shall submit the rule to the publisher for filing. The agency
shall submit the rule in the form required by section 20 of this chapter
and with the documents required by section 21 of this chapter. The
publisher shall determine the format of the rule and other documents
to be submitted under this subsection.
(e) Subject to section 39 of this chapter, the publisher shall:
(1) accept the rule for filing; and
(2) electronically record the date and time that the rule is
accepted.
(f) A rule described in subsection (a) takes effect on the latest of the
following dates:
(1) The effective date of the statute delegating authority to the
agency to adopt the rule.
(2) The date and time that the rule is accepted for filing under
subsection (e).
(3) The effective date stated by the adopting agency in the rule.
(4) The date of compliance with every requirement established by
law as a prerequisite to the adoption or effectiveness of the rule.
(g) Subject to subsection (h), IC 14-10-2-5, IC 14-22-2-6,
IC 22-8-1.1-16.1, and IC 22-13-2-8(c), and except as provided in
subsections (j), (k), and (l), a rule adopted under this section expires
not later than ninety (90) days after the rule is accepted for filing under
subsection (e). Except for a rule adopted under subsection (a)(13),
(a)(24), (a)(25), or (a)(27), the rule may be extended by adopting
another rule under this section, but only for one (1) extension period.
The extension period for a rule adopted under subsection (a)(28) may
not exceed the period for which the original rule was in effect. A rule
adopted under subsection (a)(13) may be extended for two (2)
extension periods. Subject to subsection (j), a rule adopted under
subsection (a)(24), (a)(25), or (a)(27) may be extended for an unlimited
number of extension periods. Except for a rule adopted under
subsection (a)(13), for a rule adopted under this section to be effective
after one (1) extension period, the rule must be adopted under:
(1) sections 24 through 36 of this chapter; or
(2) IC 13-14-9;
as applicable.
(h) A rule described in subsection (a)(8), (a)(12), (a)(19), (a)(20),
(a)(21), (a)(29), or
(a)(37) (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.
SOURCE: IC 4-23-2.5-1; (12)HE1002.1.10. -->
SECTION 10. IC 4-23-2.5-1 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 1. As used in this chapter, "board" refers to the Indiana
arts commission trust fund board established by section 5 of this
chapter.
SOURCE: IC 4-23-2.5-4; (12)HE1002.1.11. -->
SECTION 11. IC 4-23-2.5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) The Indiana arts
commission trust fund is established to support the programs and the
administrative budget of the commission.
(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 board commission may
acquire.
SOURCE: IC 4-23-2.5-5; (12)HE1002.1.12. -->
SECTION 12. IC 4-23-2.5-5 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 5. The Indiana arts commission trust fund board is
established.
SOURCE: IC 4-23-2.5-6; (12)HE1002.1.13. -->
SECTION 13. IC 4-23-2.5-6 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 6. The board consists of the following seven (7) voting
members:
(1) The treasurer of state.
(2) Three (3) members appointed by the governor who are not
members of the commission.
(3) Three (3) members of the commission appointed by the
chairman of the commission.
SOURCE: IC 4-23-2.5-7; (12)HE1002.1.14. -->
SECTION 14. IC 4-23-2.5-7 IS REPEALED [EFFECTIVE JULY
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.
SOURCE: IC 4-23-2.5-8; (12)HE1002.1.15. -->
SECTION 15. IC 4-23-2.5-8 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 8. The board shall meet at the call of the chairman of the
board.
SOURCE: IC 4-23-2.5-9; (12)HE1002.1.16. -->
SECTION 16. IC 4-23-2.5-9 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 9. Four (4) voting members of the board constitute a
quorum. The affirmative vote of four (4) members of the board is
necessary for the board to take any action.
SOURCE: IC 4-23-2.5-10; (12)HE1002.1.17. -->
SECTION 17. IC 4-23-2.5-10 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 10. (a) The term of a board member begins on the later
of the following:
(1) The day the term of the member whom the individual is
appointed to succeed expires.
(2) The day the individual is appointed.
(b) The term of a member expires July 1 of the second year after the
member is appointed. However, a member serves at the pleasure of the
appointing authority.
(c) The appointing authority may reappoint a member for a new
term.
(d) The appointing authority shall appoint an individual to fill a
vacancy among the members.
SOURCE: IC 4-23-2.5-11; (12)HE1002.1.18. -->
SECTION 18. IC 4-23-2.5-11 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 11. (a) Each member of the board 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 board 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.
SOURCE: IC 4-23-2.5-12; (12)HE1002.1.19. -->
SECTION 19. IC 4-23-2.5-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 12. (a) The board
commission shall manage and develop the fund and the assets of the
fund.
(b) The board commission shall do the following:
(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.
SOURCE: IC 4-23-2.5-13; (12)HE1002.1.20. -->
SECTION 20. IC 4-23-2.5-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 13. (a) Subject to the
investment policy of the board, commission, the treasurer of state shall
administer the fund and invest the money in 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.
SOURCE: IC 4-23-2.5-16; (12)HE1002.1.21. -->
SECTION 21. IC 4-23-2.5-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 16. Before October 1
of each year, the board commission shall prepare a report concerning
the fund for distribution to the public and the general assembly. A
report distributed under this section to the general assembly must be in
an electronic format under IC 5-14-6.
SOURCE: IC 4-23-7-30; (12)HE1002.1.22. -->
SECTION 22. IC 4-23-7-30 IS REPEALED [EFFECTIVE JULY 1,
2012].
Sec. 30. (a) The Indiana library and historical board shall
establish the council on library automation to:
(1) conduct ongoing planning activities for library automation in
Indiana; and
(2) advance the automation goals of Indiana's libraries through the
cooperation of the appropriate library agencies and organizations.
(b) The council on library automation consists of thirteen (13)
members as follows:
(1) One (1) member from the Indiana library and historical board.
(2) Two (2) members from area library services authorities.
(3) Two (2) members from the Indiana cooperative library
services authority.
(4) Two (2) members from the department of education.
(5) Two (2) members from the state educational institution library
automation committee.
(6) Two (2) members from the Indiana state library.
(7) Two (2) members from public libraries.
(c) With regard to the members described in subsection (b)(1)
through (b)(6), each respective entity or agency described in subsection
(b)(1) through (b)(6) shall forward its nominees for appointment on the
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.
SOURCE: IC 4-23-7.1-1; (12)HE1002.1.23. -->
SECTION 23. IC 4-23-7.1-1, AS AMENDED BY P.L.1-2005,
SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. As used in this chapter:
(1) "Advisory council" refers to the Indiana state library advisory
council established by section 39 of this chapter.
(2) (1) "Agency" means any state administration, agency,
authority, board, bureau, commission, committee, council,
department, division, institution, office, service, or other similar
body of state government.
(3) (2) "Board" means the Indiana library and historical board
established by IC 4-23-7-2.
(4) (3) "Department" means the Indiana library and historical
department established by IC 4-23-7-1.
(5) (4) "Director" means director of the Indiana state library.
(6) (5) "Historical bureau" means the Indiana historical bureau
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.
SOURCE: IC 4-23-7.1-11; (12)HE1002.1.24. -->
SECTION 24. IC 4-23-7.1-11, AS AMENDED BY P.L.130-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 11. (a) The board with the advice of the advisory
council, shall establish operating standards and rules for libraries
eligible to receive funds, either federal or state, under the provisions of
any program for which the Indiana state library is the administrator.
The Indiana state library shall monitor libraries eligible to receive
funds or receiving funds to ascertain whether or not the standards and
rules are being met.
(b) The board with the advice of the council on library automation
established under IC 4-23-7-30, shall establish library automation
standards for libraries. The Indiana state library shall monitor
compliance with the standards.
SOURCE: IC 4-23-7.1-39; (12)HE1002.1.25. -->
SECTION 25. IC 4-23-7.1-39 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 39. (a) The Indiana state library advisory council is
established for the purpose of advising the board and the state librarian
concerning:
(1) general policies of the state library;
(2) plans or programs for library development and interlibrary
cooperation;
(3) library research;
(4) professional development for librarians;
(5) standards and rules for library services;
(6) administration and distribution of state and federal funds; and
(7) other matters as requested by the board and the state librarian.
(b) The advisory council consists of no fewer than fifteen (15)
members.
(c) The membership of the council must be broadly representative
and comply with the requirements established by the federal
Department of Education under 34 C.F.R. 770.
(d) The board shall appoint the members of the council with
nominations for appointment from library organizations and the state
librarian.
(e) Members of the advisory council shall serve two (2) year terms.
(f) A member of the advisory council is not entitled to:
(1) the minimum salary per diem provided by IC 4-10-11-2.1(b);
or
(2) reimbursement from state funds for traveling expenses and
other expenses actually incurred in connection with the member's
duties.
SOURCE: IC 4-23-25-9; (12)HE1002.1.26. -->
SECTION 26. IC 4-23-25-9, AS AMENDED BY P.L.104-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 9. The department of workforce development
established by IC 22-4.1-2 civil rights commission established by
IC 22-9-1-4 shall provide staff and administrative support to the
commission.
SOURCE: IC 4-23-28-7; (12)HE1002.1.27. -->
SECTION 27. IC 4-23-28-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. (a) The department
of workforce development civil rights commission shall provide staff
and administrative support to the commission.
(b) The expenses of the commission shall be paid from
appropriations made to the department of workforce development. civil
rights commission.
SOURCE: IC 4-23-28-10; (12)HE1002.1.28. -->
SECTION 28. IC 4-23-28-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. (a) Funding for the
commission shall be derived from funds appropriated to the department
of workforce development. civil rights commission.
(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 department of workforce development civil
rights commission until the purpose for which it was appropriated is
fulfilled.
SOURCE: IC 4-23-31; (12)HE1002.1.29. -->
SECTION 29. IC 4-23-31 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]:
Chapter 31. Commission on the Social Status of Black Males
Sec. 1. The 1992 interim study committee created by the
legislative council, on the problems of black males, found that the
following conditions exist:
(1) Statistical studies chronicling the status of black males in
American society reveal startling and disturbing conditions
and trends.
(2) By all indicia measuring achievement, success, and quality
of life in American society, black males are facing a
prodigious struggle for survival while fighting formidable
opponents.
(3) Black males make up only five and one-half percent
(5.5%) of the population of the United States but are the
victims of forty-four percent (44%) of the nation's homicides
annually and comprise forty-six percent (46%) of the nation's
prison population.
(4) Statistics show that one (1) of every twenty-two (22) black
males will die as a result of homicide and that one (1) of every
six (6) black males will be arrested before becoming nineteen
(19) years of age.
(5) A major proportion of black males in America is virtually
trapped in urban areas defined by poverty, violence, and drug
abuse.
(6) Black males suffer from more debilitating health
problems, a higher death rate, and a lower life expectancy
than males in other ethnic and racial groups.
(7) Black females at least sixteen (16) years of age outnumber
black males by more than two million (2,000,000).
(8) Between 1973 and 1988 the average real annual income for
black males between twenty (20) and twenty-four (24) years
of age fell by more than fifty percent (50%).
(9) The increasing misfortunes and the social distress
bombarding black males in American society threaten the
survival of black males.
Sec. 2. The commission on the social status of black males is
established.
Sec. 3. The commission consists of nineteen (19) members
appointed as follows:
(1) Two (2) members of the senate, who are not members of
the same political party, appointed by the president pro
tempore of the senate with the advice of the minority leader
of the senate.
(2) Two (2) members of the house of representatives, who are
not members of the same political party, appointed by the
speaker of the house of representatives with the advice of the
minority leader of the house of representatives.
(3) The director of the division of family resources or the
director's designee.
(4) The director of the division of mental health and addiction
or the director's designee.
(5) The commissioner of the state department of health or the
commissioner's designee.
(6) The superintendent of public instruction or the
superintendent's designee.
(7) The commissioner of the department of correction or the
commissioner's designee.
(8) The director of the civil rights commission or the
director's designee.
(9) The commissioner of the Indiana department of
administration or the commissioner's designee.
(10) The lieutenant governor or the lieutenant governor's
designee.
(11) A minority business person, appointed by the governor.
(12) Three (3) persons appointed by the president pro
tempore of the senate who are not members of the general
assembly. Not more than two (2) persons appointed under this
subdivision may be members of the same political party.
(13) Three (3) persons appointed by the speaker of the house
of representatives who are not members of the general
assembly. Not more than two (2) persons appointed under this
subdivision may be members of the same political party.
Sec. 4. (a) A member of the commission may be removed at any
time by the member's appointing authority.
(b) The appointing authority shall fill a vacancy on the
commission by appointing a new member for the unexpired term.
(c) The terms of the legislative members expire at the election of
the general assembly following the appointments.
Sec. 5. (a) At the first meeting of the commission each year, the
members shall elect:
(1) one (1) member to be the commission's chairperson; and
(2) one (1) member to be the commission's vice chairperson.
(b) A vacancy in the office of chairperson or vice chairperson
shall be filled by vote of the remaining members. The term of office
of a person chosen to fill a vacancy expires at the first meeting of
the commission the following year.
Sec. 6. (a) The commission shall make a systematic study of the
following:
(1) The conditions described in section 1 of this chapter.
(2) The reasons for the existence of those conditions.
(b) The commission shall propose measures to alleviate and
correct the underlying causes of the conditions described in section
1 of this chapter.
(c) The commission may study other topics suggested by the
legislative council or as directed by the chairperson of the
commission.
(d) The commission shall receive suggestions or comments
pertinent to the issues that the commission studies from members
of the general assembly, governmental agencies, public and private
organizations, and private citizens.
Sec. 7. The civil rights commission shall provide staff and
administrative support to the commission.
Sec. 8. The commission shall meet on call of the chairperson and
at other times that the commission determines.
Sec. 9. Eight (8) of the members of the commission is a quorum.
The affirmative votes of at least eight (8) voting members of the
commission are required for the commission to take final action.
Sec. 10. The commission shall issue an annual report stating the
findings, conclusions, and recommendations of the commission.
The commission shall submit the report to the governor and the
legislative council. A report submitted under this section to the
legislative council must be in an electronic format under IC 5-14-6.
Sec. 11. (a) Each member of the commission who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement
for traveling expenses as provided under IC 4-13-1-4 and other
expenses actually incurred in connection with the member's duties
as provided in the state policies and procedures established by the
Indiana department of administration and approved by the budget
agency.
(b) Each member of the commission who is a state employee is
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(c) Each member of the commission who is a member of the
general assembly is entitled to receive the same per diem, mileage,
and travel allowances paid to members of the general assembly
serving on interim study committees created by the legislative
council.
Sec. 12. (a) The commission on the social status of black males
special fund is established to provide money for special projects of
the commission.
(b) The fund shall be administered by the treasurer of state.
(c) Expenses of administering the fund shall be paid from money
in the fund.
(d) The fund consists of gifts, contributions, and money donated
to the commission.
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(f) Interest accrues to the fund.
(g) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(h) Money in the fund is appropriated continuously for the
purpose stated in subsection (a).
SOURCE: IC 4-23-32; (12)HE1002.1.30. -->
SECTION 30. IC 4-23-32 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]:
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.
SOURCE: IC 5-2-6-3; (12)HE1002.1.31. -->
SECTION 31. IC 5-2-6-3, AS AMENDED BY P.L.74-2010,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. The institute is established to do the following:
(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.
SOURCE: IC 5-2-6.9; (12)HE1002.1.32. -->
SECTION 32. IC 5-2-6.9 IS REPEALED [EFFECTIVE JULY 1,
2012]. (Law Enforcement, School Policing, and Youth Work Group).
SOURCE: IC 5-20-4-1; (12)HE1002.1.33. -->
SECTION 33. IC 5-20-4-1 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 1. As used in this chapter, "advisory committee" refers to
the affordable housing and community development fund advisory
committee established by section 15 of this chapter.
SOURCE: IC 5-20-4-15; (12)HE1002.1.34. -->
SECTION 34. IC 5-20-4-15, AS AMENDED BY P.L.145-2006,
SECTION 13, AND AS AMENDED BY P.L.181-2006, SECTION 39,
IS REPEALED [EFFECTIVE JULY 1, 2012].
Sec. 15. (a) The
affordable housing and community development trust fund advisory
committee is established.
(b) The advisory committee consists of sixteen (16) members to be
appointed by the governor as follows:
(1) One (1) member of the office division of the secretary of
family mental health and social services addiction.
(2) One (1) member of the Indiana economic development
corporation division of family resources.
(3) One (1) member to represent home builders of the division of
disability, aging, and rehabilitative services.
(4) One (1) member of the office of rural affairs established by
IC 4-4-9.7-4 the lieutenant governor.
(5) One (1) member to represent residential real estate developers.
(6) One (1) member to represent construction trades.
(7) One (1) member to represent mortgage lenders banks and
other lending institutions.
(8) One (1) member to represent the interests of persons with
disabilities.
(9) One (1) member to represent service providers.
(10) Two (2) members to represent neighborhood groups.
(11) One (1) member to represent low income families.
(12) One (1) member to represent nonprofit community based
organizations and community development corporations.
(13) One (1) member to represent real estate brokers or
salespersons.
(14) One (1) member to represent the Indiana Apartment Owner's
Association.
(15) One (1) member to represent the manufactured housing
industry.
At least three (3) members of the advisory committee shall be from a
city with a population of less than thirty-five thousand (35,000), a
town, or a rural area.
(c) Members of the advisory committee shall serve a term of three
(3) years. However, the governor may remove for cause an appointed
member of the advisory committee and fill vacancies of appointed
members on the advisory committee.
(d) The advisory committee shall make recommendations to the
housing and community development authority regarding:
(1) the development of policies and procedures under section 14
of this chapter; and
(2) long term sources to capitalize the housing trust fund,
including the following:
(A) Revenue from development ordinances, fees, or taxes.
(B) Market based or private revenue.
(C) Revenue generated from government programs,
foundations, private individuals, or corporations.
(e) The advisory committee shall prepare and present an annual
report that:
(1) describes disbursements under the housing trust fund; and
(2) makes recommendations to the board of the Indiana housing
and community development authority regarding long term
sources to capitalize the housing trust fund.
SOURCE: IC 5-20-4-16; (12)HE1002.1.35. -->
SECTION 35. IC 5-20-4-16 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 16. (a) Each member of the advisory committee who is not
a state employee is entitled to the minimum salary per diem provided
by IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement
for traveling expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state travel
policies and procedures established by the department of
administration and approved by the budget agency.
(b) Each member of the advisory committee who is a state employee
is entitled to reimbursement for traveling expenses and other expenses
actually incurred in connection with the member's duties, as provided
in the state travel policies and procedures established by the
department of administration and approved by the budget agency.
SOURCE: IC 5-22-15-1; (12)HE1002.1.36. -->
SECTION 36. IC 5-22-15-1, AS AMENDED BY P.L.79-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. This chapter applies to the following:
(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.
(3) An offer to conduct an indoor air quality inspection and
evaluation program under IC 16-41-37.5.
SOURCE: IC 5-22-15-3; (12)HE1002.1.37. -->
SECTION 37. IC 5-22-15-3, AS AMENDED BY P.L.79-2008,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. As used in this chapter, "adjusted offer" means
the offer price of an offeror for
(1) preferred supplies or
(2) conducting an indoor air quality inspection and evaluation
program under IC 16-41-37.5;
as determined under section 10 of this chapter.
SOURCE: IC 5-22-15-5; (12)HE1002.1.38. -->
SECTION 38. IC 5-22-15-5, AS AMENDED BY P.L.79-2008,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 5. As used in this chapter, "price preference
percentage" means the percentage preference provided by this chapter
for either of the following:
(1) A a specified kind or item of supplies.
(2) An offer to conduct an indoor air quality inspection and
evaluation program under IC 16-41-37.5.
SOURCE: IC 5-22-15-8; (12)HE1002.1.39. -->
SECTION 39. IC 5-22-15-8, AS AMENDED BY P.L.79-2008,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 8. (a) An offeror who wants to claim a preference
provided under this chapter for a given supply item must indicate in the
offer what supply item in the offer is a preferred supply.
(b) An offeror who wants to claim a preference provided under this
chapter to conduct an indoor air quality inspection and evaluation
program under IC 16-41-37.5 must indicate in the offer that the indoor
air quality inspection and evaluation program is subject to a price
preference.
SOURCE: IC 5-22-15-10; (12)HE1002.1.40. -->
SECTION 40. IC 5-22-15-10, AS AMENDED BY P.L.79-2008,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 10. (a) This section does not apply to an absolute
preference.
(b) If an offeror offers a preferred supply for a given supply item,
the purchasing agent shall compute an adjusted offer for that item
according to the following formula:
STEP ONE: Determine the price preference percentage for the
supply item under this chapter.
STEP TWO: Multiply the offeror's offer for the supply item by the
percentage determined under STEP ONE.
STEP THREE: Subtract the number determined under STEP
TWO from the offeror's offer for the supply item.
(c) If an offeror offers to conduct an indoor air quality inspection
and evaluation program under IC 16-41-37.5, the purchasing agent
shall compute an adjusted offer to conduct that indoor air quality
inspection and evaluation program according to the following formula:
STEP ONE: Determine the price preference percentage for the
indoor air quality inspection and evaluation program eligible to an
offeror under section 20.7 of this chapter.
STEP TWO: Multiply the offeror's offer for the indoor air quality
inspection and evaluation program by the percentage determined
under STEP ONE.
STEP THREE: Subtract the number determined under STEP
TWO from the offeror's offer to conduct the indoor air quality
inspection and evaluation program.
SOURCE: IC 5-22-15-20.7; (12)HE1002.1.41. -->
SECTION 41. IC 5-22-15-20.7 IS REPEALED [EFFECTIVE JULY
1, 2012].
Sec. 20.7. (a) As used in this section, "Indiana business" has
the meaning set forth in section 20.5 of this chapter.
(b) There is a price preference of ten percent (10%) for an Indiana
business that submits an offer to conduct an indoor air quality
inspection and evaluation program under IC 16-41-37.5.
SOURCE: IC 5-22-21-7.5; (12)HE1002.1.42. -->
SECTION 42. IC 5-22-21-7.5, AS AMENDED BY P.L.1-2006,
SECTION 124, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 7.5. (a) This section applies to
surplus computer hardware that:
(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 the
following:
(1) a school corporation as defined in IC 36-1-2-17 or nonpublic
schools as defined in IC 20-10.1-1-3 before July 1, 2005, or
IC 20-18-2-12.
(2) The corporation for educational technology described in
IC 20-10.1-25.1 before July 1, 2005, or IC 20-20-15.
(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.
SOURCE: IC 5-28-12; (12)HE1002.1.43. -->
SECTION 43. IC 5-28-12 IS REPEALED [EFFECTIVE JULY 1,
2012]. (Steel Industry).
SOURCE: IC 5-28-17-1; (12)HE1002.1.44. -->
SECTION 44. IC 5-28-17-1, AS AMENDED BY P.L.87-2011,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. (a) The corporation shall do the following to
carry out this chapter:
(1) Contribute to the strengthening of the economy of Indiana by
encouraging the organization and development of new business
enterprises, including technologically oriented enterprises.
(2) Submit an annual report to the governor and to the general
assembly not later than November 1 of each year. The annual
report must:
(A) include detailed information on the structure, operation,
and financial status of the corporation, including:
(i) detailed information on the corporation's efforts to
support the development of small businesses under this
chapter; and
(ii) an evaluation of the results of the corporation's efforts to
encourage the development of small businesses under this
chapter; and
(B) be in an electronic format under IC 5-14-6.
The board shall conduct an annual public hearing to receive
comment from interested parties regarding the annual report, and
notice of the hearing shall be given at least fourteen (14) days
before the hearing in accordance with IC 5-14-1.5-5(b).
(3) (2) Approve and administer loans from the small business
development fund established by IC 5-28-18.
(4) (3) Conduct activities for nontraditional entrepreneurs under
IC 5-28-18.
(5) (4) Establish and administer the small and minority business
financial assistance program under IC 5-28-20.
(6) (5) Assist small businesses in obtaining state and federal tax
incentives.
(7) (6) Maintain, through the Small Business Development
Centers, a statewide network of public, private, and educational
resources to, among other things, inform small businesses of the
state and federal programs under which they may obtain financial
assistance or realize reduced costs through programs such as the
small employer health insurance pooling program under
IC 27-8-5-16(8).
(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.
SOURCE: IC 5-28-18-8; (12)HE1002.1.45. -->
SECTION 45. IC 5-28-18-8, AS ADDED BY P.L.4-2005,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 8. (a) The corporation shall perform the following
duties:
(1) Establish and implement the policies and procedures to be
used by the corporation in the administration of the fund.
(2) Subject to section 10 of this chapter, establish criteria for
awarding loans from the fund.
(3) Review and approve or disapprove applications for loans from
the fund.
(4) Establish the terms of loans from the fund, which must include
the conditions set forth in section 11 of this chapter.
(5) Award the loans approved under this chapter.
(6) Provide the staff and other resources necessary to implement
this chapter.
(7) Prepare and distribute to appropriate entities throughout
Indiana requests for proposals for the organization and operation
of local pools.
(8) Conduct conferences and seminars concerning the fund.
(9) Submit a report concerning the fund to the general assembly
before November 1 of each year. The report must include detailed
information concerning the structure, operation, and financial
condition of the fund. The report must be in an electronic format
under IC 5-14-6.
(b) The corporation may enter into contracts necessary for the
administration of this chapter, including contracts for servicing loans
from the fund.
SOURCE: IC 5-28-21-21; (12)HE1002.1.46. -->
SECTION 46. IC 5-28-21-21 IS REPEALED [EFFECTIVE JULY
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.
SOURCE: IC 5-28-23-1; (12)HE1002.1.47. -->
SECTION 47. IC 5-28-23-1, AS AMENDED BY P.L.2-2007,
SECTION 110, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 1. (a) The corporation shall do the
following:
(1) contribute to the strengthening of the economy of Indiana
through the development of science and technology and to
promote the modernization of Indiana businesses by supporting
the transfer of science, technology, and quality improvement
methods to the workplace.
(2) Submit an annual report to the governor and to the general
assembly (in an electronic format under IC 5-14-6) that is due on
the first day of November for each year and must include detailed
information on the corporation's efforts to carry out this chapter.
The corporation shall conduct an annual public hearing to receive
comments from interested parties regarding the report, and notice
of the hearing shall be given at least fourteen (14) days before the
hearing in accordance with IC 5-14-1.5-5(b).
(b) The corporation may do the following:
(1) Receive money from any source, borrow money, enter into
contracts, and expend money for activities appropriate to its
purpose under this chapter.
(2) Do things necessary or incidental to carrying out the functions
listed in this chapter.
(3) Establish a statewide business modernization network to assist
Indiana businesses in identifying ways to increase productivity
and market competitiveness.
(4) Identify scientific and technological problems and
opportunities related to the economy of Indiana and formulate
proposals to overcome those problems or realize those
opportunities.
(5) Identify specific areas in which scientific research and
technological investigation will contribute to the improvement of
productivity of Indiana manufacturers and farmers.
(6) Determine specific areas in which financial investment in
scientific and technological research and development from
private businesses located in Indiana could be improved or
increased if state resources were made available to assist in
financing activities.
(7) Assist in establishing cooperative associations of
postsecondary educational institutions in Indiana and of private
enterprises to coordinate research and development programs that
will, consistent with the primary educational function of the
postsecondary educational institutions, aid in the creation of new
jobs in Indiana.
(8) Assist in financing the establishment and continued
development of technology intensive businesses in Indiana.
(9) Advise postsecondary educational institutions of the research
needs of Indiana businesses and improve the exchange of
scientific and technological information for the mutual benefit of
postsecondary educational institutions and private businesses.
(10) Coordinate programs established by postsecondary
educational institutions to provide Indiana businesses with
scientific and technological information.
(11) Establish programs in scientific education that will support
the accelerated development of technology intensive businesses
in Indiana.
(12) Provide financial assistance through contracts, grants, and
loans to programs of scientific and technological research and
development.
(13) Determine how state educational institutions can increase
income derived from the sale or licensure of products or processes
having commercial value that are developed as a result of state
educational institution sponsored research programs.
SOURCE: IC 5-28-28-4; (12)HE1002.1.48. -->
SECTION 48. IC 5-28-28-4, AS ADDED BY P.L.222-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4. As used in this chapter, "tax credit" means a
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.
SOURCE: IC 5-28-28-10; (12)HE1002.1.49. -->
SECTION 49. IC 5-28-28-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 10. In addition to the other
requirements of this chapter, the economic incentives and
compliance report must also include a detailed report on the
following programs, resources, or activities for which the
corporation is responsible:
(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.
SOURCE: IC 5-31; (12)HE1002.1.50. -->
SECTION 50. IC 5-31 IS REPEALED [EFFECTIVE JULY 1,
2012]. (Indiana Health Informatics Corporation).
SOURCE: IC 6-1.1-31-13; (12)HE1002.1.51. -->
SECTION 51. IC 6-1.1-31-13 IS REPEALED [EFFECTIVE JULY
1, 2012].
Sec. 13. (a) Before February 1, 2002, the governor shall
appoint two (2) individuals to participate in the adoption of rules by the
department of local government finance as described in subsection (c).
The term of each individual is one (1) year. The individuals serve at the
pleasure of the governor. The expenses of the individuals shall be paid
from the budget of the Indiana department of administration.
(b) The individuals:
(1) must be familiar with the duties and operations of the
department of local government finance;
(2) are not employees of the department;
(3) are entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b);
(4) are entitled to reimbursement for traveling expenses as
provided under IC 4-13-1-4 and other expenses actually incurred
in connection with the individuals' duties as provided in the state
policies and procedures established by the Indiana department of
administration and approved by the budget agency; and
(5) may not be affiliated with the same political party.
(c) The individuals appointed under this section shall consider all
rules proposed by the department of local government finance for
adoption. During the period when the department is formulating a rule
for adoption, the department shall provide the proposed rule to each
individual appointed under this section. Each individual shall review
the proposed rule. Before the department of local government finance
takes final action to adopt a rule, the commissioner of the department
and the individuals appointed under this section shall vote on the
adoption. The department may take final action to adopt a rule only if
there are at least two (2) affirmative votes for adoption. If the vote
results in disapproval of the adoption, the department may not propose
for adoption the same rule, or substantially the same rule, until at least
one (1) year after the date of the vote. The department must make a
written record of the vote under this subsection. The record of the vote
is a public record.
(d) The department of local government finance shall:
(1) provide facilities and support to the individuals appointed
under this section for the performance of their duties under this
section; and
(2) allow each individual appointed under this section at least two
(2) weeks to review a proposed rule before a vote is taken on the
proposed rule under subsection (c).
SOURCE: IC 6-3.1-1-3; (12)HE1002.1.52. -->
SECTION 52. IC 6-3.1-1-3, AS AMENDED BY P.L.223-2007,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. A taxpayer (as defined in the following laws),
pass through entity (as defined in the following laws), or shareholder,
partner, or member of a pass through entity may not be granted more
than one (1) tax credit under the following laws for the same project:
(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.
SOURCE: IC 6-3.1-13.5-14; (12)HE1002.1.53. -->
SECTION 53. IC 6-3.1-13.5-14 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 14. (a) A tax credit may not be
awarded under this chapter for a capital investment made after
December 31, 2016. However, this subsection may not be construed
to prevent a taxpayer from carrying over to a taxable year
beginning after December 31, 2016, an unused tax credit
attributable to a taxable year beginning before January 1, 2017.
(b) This chapter expires January 1, 2020.
SOURCE: IC 6-3.1-15-1; (12)HE1002.1.54. -->
SECTION 54. IC 6-3.1-15-1, AS AMENDED BY P.L.1-2005,
SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. As used in this chapter, "buddy system project"
has the meaning set forth in IC 20-20-15-4(1)(A). means a statewide
computer project placing computers in homes of public school
students (commonly referred to as the "buddy system project")
and any other educational technology program or project jointly
authorized by the state superintendent of public instruction and the
governor.
SOURCE: IC 6-3.1-15-10; (12)HE1002.1.55. -->
SECTION 55. IC 6-3.1-15-10, AS AMENDED BY P.L.1-2005,
SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 10. The state board shall in consultation with the
corporation for educational technology if the corporation is established
under IC 20-20-15-3, establish minimum standards for qualified
computer equipment. Upon receipt of computer equipment, a service
center shall promptly inspect the equipment. If the computer equipment
meets the minimum standards established by the state board, the
service center shall accept the computer equipment as qualified
computer equipment and shall, subject to section 11(b) of this chapter,
promptly send a certification to the computer equipment owner for the
tax credit available under this chapter.
SOURCE: IC 8-4.5-3-1; (12)HE1002.1.56. -->
SECTION 56. IC 8-4.5-3-1, AS AMENDED BY P.L.59-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. (a) The departments annually shall do the
following:
(1) Prepare a list of existing rights-of-way that might be
abandoned during the following year.
The list shall be submitted
to the board for review.
(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.
SOURCE: IC 8-4.5-3-2; (12)HE1002.1.57. -->
SECTION 57. IC 8-4.5-3-2 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 2. (a) The board shall do the following:
(1) Review the list prepared under section 1(1) of this chapter.
(2) Approve or disapprove the priorities set under section 1(2) of
this chapter.
(3) Review criteria for project selection under the program.
(4) Review procedures for public participation under the program.
(b) If the board disapproves the priorities set under section 1(2) of
this chapter, the departments shall revise the priorities as directed by
the board.
SOURCE: IC 8-4.5-3-3; (12)HE1002.1.58. -->
SECTION 58. IC 8-4.5-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) The departments
annually shall update the list prepared under section 1(1) of this
chapter and the priorities set under section 1(2) of this chapter based
on the following:
(1) Annual system diagram map and supplemental information
submitted to the Interstate Commerce Commission and state
agencies identifying potential abandonment applications.
(2) Changes in local agency interest.
(3) Availability of funds.
(4) Possible future uses for rail, transit, highway, bicycle,
pedestrian, utility, communication, or recreation corridors.
(b) The updated list and priorities are subject to review and approval
by the board under section 2 of this chapter.
SOURCE: IC 8-4.5-3-4; (12)HE1002.1.59. -->
SECTION 59. IC 8-4.5-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. Subject to approval
by the board, the The Indiana department of transportation shall file a
petition with the United States Surface Transportation Board for public
use conditions on a corridor that has been identified for preservation
under this chapter.
SOURCE: IC 8-4.5-3-6; (12)HE1002.1.60. -->
SECTION 60. IC 8-4.5-3-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. Subject to approval
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.
SOURCE: IC 8-16-17; (12)HE1002.1.61. -->
SECTION 61. IC 8-16-17 IS REPEALED [EFFECTIVE JULY 1,
2012]. (Ohio River Bridges Project Commission).
SOURCE: IC 9-18-44-1; (12)HE1002.1.62. -->
SECTION 62. IC 9-18-44-1, AS AMENDED BY P.L.96-2008,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. The bureau of motor vehicles shall, with the
advice of the Native American Indian affairs commission established
under IC 4-4-31.4, IC 4-23-32, design and issue an Indiana Native
American trust license plate. The Indiana Native American trust license
plate shall be designed and issued as a special group recognition
license plate under IC 9-18-25.
SOURCE: IC 9-18-44-4; (12)HE1002.1.63. -->
SECTION 63. IC 9-18-44-4, AS AMENDED BY P.L.96-2008,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4. (a) The Indiana Native American trust fund is
established.
(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 IC 4-4-31.4 IC 4-23-32 for a calendar year beginning after
December 31, 2008.
(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.
SOURCE: IC 10-17-9-20; (12)HE1002.1.64. -->
SECTION 64. IC 10-17-9-20 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 20. (a) The Indiana Veterans' Home advisory committee
is established.
(b) The advisory committee consists of eight (8) members appointed
by the governor and must include the following:
(1) One (1) member who is a licensed physician.
(2) One (1) member who is a member of the general assembly
from the district in which the Indiana Veterans' Home is located.
(3) The director of veterans' affairs or the director's designee.
(c) The term of a member, other than a member who is a member of
the general assembly, is four (4) years. A member of the general
assembly appointed under this section serves until the end of the
member's current legislative term. The governor may remove a member
of the advisory committee for cause. The governor shall fill a vacancy
in the membership of an advisory committee for the unexpired term of
the vacating member.
(d) The advisory committee shall hold at least one (1) regular
meeting in each calendar quarter and may hold special meetings upon
the call of the superintendent.
(e) The members of the advisory committee shall elect a chairperson
and a secretary.
(f) Each member of the advisory committee who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
traveling expenses as provided under IC 4-13-1-4 and other expenses
actually incurred in connection with the member's duties as provided
in the state policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(g) Each member of the advisory committee who is a state employee
but who is not a member of the general assembly is entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state travel policies and procedures
established by the Indiana department of administration and approved
by the budget agency.
(h) Each member of the advisory committee who is a member of the
general assembly is entitled to receive the same per diem, mileage, and
travel allowances paid to members of the general assembly serving on
interim study committees established by the legislative council.
(i) The advisory committee shall act in an advisory capacity to the
superintendent and to the director concerning ways to improve the
Indiana Veterans' Home and the care of its residents.
SOURCE: IC 10-18-1-2; (12)HE1002.1.65. -->
SECTION 65. IC 10-18-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) The Indiana war
memorials commission is established.
(b) Beginning July 1, 2015, the commission consists of ten (10)
nine (9) members. Each Indiana congressional district must be
represented by at least one (1) member who is:
(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.
SOURCE: IC 11-10-4-6.6; (12)HE1002.1.66. -->
SECTION 66. IC 11-10-4-6.6 IS REPEALED [EFFECTIVE JULY
1, 2012].
Sec. 6.6. (a) As used in this section, "advisory committee"
refers to the mental health corrections quality advisory committee
established by subsection (b).
(b) The mental health corrections quality advisory committee is
established. The advisory committee consists of the following
members:
(1) The commissioner of the department or the commissioner's
designee, who shall serve as chairperson of the advisory
committee.
(2) The director of the division of mental health and addiction or
the director's designee.
(3) A representative of a statewide mental health advocacy
organization.
(4) A representative of a statewide mental health provider
organization.
(5) A representative from a medical services organization that
participates in the department's medical services program.
(6) A member with expertise in psychiatric research representing
a postsecondary educational institution.
(7) A pharmacist licensed under IC 25-26 with expertise in mental
health disorders.
The governor shall make the appointments under subdivisions (3)
through (7) for a term of four (4) years and fill any vacancy on the
advisory committee.
(c) The affirmative votes of a majority of the voting members
appointed to the advisory committee are required for the committee to
take action on any measure.
(d) The advisory committee shall advise the department and make
recommendations concerning the department's formulary for
medications for mental health and addictive disorders and consider the
following:
(1) Peer reviewed medical literature.
(2) Observational studies.
(3) Health economic studies.
(4) Input from physicians and patients.
(5) Any other information determined by the advisory committee
to be appropriate.
(e) The department shall report recommendations made by the
advisory committee to the department's medical director.
(f) The department shall report the following information to the
Indiana commission on mental health and addiction (IC 12-21-6.5-2):
(1) The advisory committee's advice and recommendations made
under this section.
(2) The number and types of restrictions implemented by the
department and the outcome of each restriction.
(3) The transition of individuals with mental illness into the
community and the rate of recidivism.
(4) Any decision by the department to change the mental health
care delivery system in which medication is provided to inmates.
SOURCE: IC 12-13-12; (12)HE1002.1.67. -->
SECTION 67. IC 12-13-12 IS REPEALED [EFFECTIVE JULY 1,
2012]. (Commission on the Social Status of Black Males).
SOURCE: IC 13-11-2-17; (12)HE1002.1.68. -->
SECTION 68. IC 13-11-2-17, AS AMENDED BY SEA 131-2012,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 17. (a) "Board", except as provided in
subsections (b) through (g), (d), refers to the environmental rules
board established by IC 13-13-8-3.
(1) the air pollution control board;
(2) the water pollution control board; or
(3) the solid waste management board.
(b) "Board", for purposes of IC 13-17, refers to the air pollution
control board.
(c) "Board", for purposes of IC 13-18, refers to the water pollution
control board.
(d) "Board", for purposes of:
(1) IC 13-19;
(2) IC 13-20;
(3) IC 13-22;
(4) IC 13-23, except IC 13-23-11;
(5) IC 13-24; and
(6) IC 13-25;
refers to the solid waste management board.
(e) (b) "Board", for purposes of IC 13-21, refers to the board of
directors of a solid waste management district.
(f) (c) "Board", for purposes of IC 13-14, IC 13-23-11, and
IC 13-30-2-1, refers to the underground storage tank financial
assurance board.
(g) (d) "Board", for purposes of IC 13-26, refers to the board of
trustees of a regional water, sewage, or solid waste district.
SOURCE: IC 13-11-2-18; (12)HE1002.1.69. -->
SECTION 69. IC 13-11-2-18 IS REPEALED [EFFECTIVE
JANUARY 1, 2013]. Sec. 18. "Boards" refers to all of the following:
(1) The air pollution control board.
(2) The water pollution control board.
(3) The solid waste management board.
SOURCE: IC 13-11-2-165; (12)HE1002.1.70. -->
SECTION 70. IC 13-11-2-165 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 165. "Pollution
control laws" refers to the following:
(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) IC 13-19-2 and IC 13-19-3.
(5) IC 13-20-16 and IC 13-20-17.
SOURCE: IC 13-12-4-5; (12)HE1002.1.71. -->
SECTION 71. IC 13-12-4-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 5. To the fullest
extent possible:
(1) the policies, rules, and statutes of the state shall be interpreted
and administered in accordance with the policies set forth in this
chapter; and
(2) all state agencies shall do the following:
(A) Use a systematic, interdisciplinary approach that will
ensure the integrated use of the natural and social sciences and
the environmental design arts in planning and decision making
that may have an impact on the environment.
(B) Identify and develop methods and procedures that will
ensure that unquantified environmental amenities and values
may be given appropriate consideration in decision making
along with economic and technical considerations.
(C) Include in every recommendation or report on proposals
for legislation and other major state actions significantly
affecting the quality of the human environment a detailed
statement by the responsible official on the following:
(i) The environmental impact of the proposed action.
(ii) Any adverse environmental effects that cannot be
avoided should the proposal be implemented.
(iii) Alternatives to the proposed action.
(iv) The relationship between local short term uses of the
environment and the maintenance and enhancement of long
term productivity.
(v) Any irreversible and irretrievable commitments of
resources that would be involved if the proposed action
should be implemented.
Before making a detailed statement, the responsible state
official shall consult with and obtain the comments of each
state agency that has jurisdiction by law or special expertise
with respect to any environmental impact involved. Copies of
the statement and the comments and views of the appropriate
federal, state, and local agencies that are authorized to develop
and enforce environmental standards shall be made available
to the governor and to the public and must accompany the
proposal through the agency review processes. The air
pollution control board, water pollution control board, and
solid waste management board shall by rule define the actions
that constitute a major state action significantly affecting the
quality of the human environment.
(D) Study, develop, and describe appropriate alternatives to
recommend courses of action in any proposal that involves
unresolved conflicts concerning alternative uses of available
resources.
(E) Recognize the long range character of environmental
problems and, where consistent with the policy of the state,
lend appropriate support to initiatives, resolutions, and
programs designed to maximize state cooperation in
anticipating and preventing a decline in the quality of the
environment.
(F) Make available to counties, municipalities, institutions,
and individuals advice and information useful in restoring,
maintaining, and enhancing the quality of the environment.
(G) Initiate and use ecological information in the planning and
development of resource oriented projects.
SOURCE: IC 13-13-8; (12)HE1002.1.72. -->
SECTION 72. IC 13-13-8 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]:
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.
SOURCE: IC 13-14-1-3; (12)HE1002.1.73. -->
SECTION 73. IC 13-14-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. The department
shall assure accomplishment of the comprehensive, long term programs
established by the boards. board.
SOURCE: IC 13-14-1-4; (12)HE1002.1.74. -->
SECTION 74. IC 13-14-1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 4. The department
shall procure compliance with standards and rules adopted by the
boards. board.
SOURCE: IC 13-14-1-7; (12)HE1002.1.75. -->
SECTION 75. IC 13-14-1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 7. The
commissioner shall prepare the proposed budget of the department and
the boards. board.
SOURCE: IC 13-14-1-8; (12)HE1002.1.76. -->
SECTION 76. IC 13-14-1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 8. The
commissioner may propose financing a structure to the boards. board.
SOURCE: IC 13-14-1-9; (12)HE1002.1.77. -->
SECTION 77. IC 13-14-1-9, AS AMENDED BY P.L.172-2011,
SECTION 113, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2013]: Sec. 9. (a) The commissioner shall
issue permits, licenses, orders, and variances as authorized by:
(1) this title;
(2) other statutes; and
(3) rules of the boards. board.
(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).
SOURCE: IC 13-14-1-12; (12)HE1002.1.78. -->
SECTION 78. IC 13-14-1-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 12. The
commissioner shall enforce rules consistent with the purposes of:
(1) air pollution control laws;
(2) water pollution control laws;
(3) IC 13-18-9;
(4) IC 13-18-10;
(5) IC 13-19-2;
(6) (5) IC 13-19-3; and
(7) (6) IC 36-9-30.
SOURCE: IC 13-14-2-2; (12)HE1002.1.79. -->
SECTION 79. IC 13-14-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 2. The department
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.
SOURCE: IC 13-14-2-3; (12)HE1002.1.80. -->
SECTION 80. IC 13-14-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. The department
may do the following:
(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 boards board or the department.
SOURCE: IC 13-14-2-6; (12)HE1002.1.81. -->
SECTION 81. IC 13-14-2-6, AS AMENDED BY P.L.78-2009,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 6. Except as provided in IC 13-14-6, the
commissioner may proceed in court, by appropriate action, to:
(1) enforce any final order of the commissioner or of one (1) of
the boards; board;
(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 of one (1) of the
boards; board;
(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.
SOURCE: IC 13-14-4-3; (12)HE1002.1.82. -->
SECTION 82. IC 13-14-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. (a) Each
person:
(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 boards specify board specifies by rule.
(b) An affidavit of the responsible officer or person in charge of the
operation involved must accompany each report.
SOURCE: IC 13-14-5-5; (12)HE1002.1.83. -->
SECTION 83. IC 13-14-5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 5. The boards
board shall adopt rules under IC 4-22-2 and IC 13-14-9 to administer
this chapter and IC 13-30-7.
SOURCE: IC 13-14-7-1; (12)HE1002.1.84. -->
SECTION 84. IC 13-14-7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. The:
(1) governor may assign to any of the boards board the adoption
of rules in any area not provided for by law as of September 1,
1985; or
(2) board may directly exercise that power until a specific agency
for the exercise of the power is created.
SOURCE: IC 13-14-8-1; (12)HE1002.1.85. -->
SECTION 85. IC 13-14-8-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. The boards
board may:
(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.
SOURCE: IC 13-14-8-2; (12)HE1002.1.86. -->
SECTION 86. IC 13-14-8-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 2. (a) The
department may propose to the boards board the:
(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
appropriate board under IC 4-22-2 and IC 13-14-9 before the rules
become effective.
SOURCE: IC 13-14-8-5; (12)HE1002.1.87. -->
SECTION 87. IC 13-14-8-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 5. (a) Any person
may present written proposals for the adoption, amendment, or repeal
of a rule by one (1) of the boards. board. A proposal presented under
this section must be:
(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 with rulemaking authority in the subject area to
which the rule pertains finds that the proposal:
(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.
SOURCE: IC 13-14-8-7; (12)HE1002.1.88. -->
SECTION 88. IC 13-14-8-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 7. (a) Without
limiting the generality of the regulatory authority of the boards board
under this title, the appropriate board may adopt rules under IC 4-22-2
and IC 13-14-9 prescribing the following:
(1) Standards or requirements for discharge or emission
specifying the maximum permissible short term and long term
concentrations of various contaminants of the air, water, or land.
(2) Procedures for the administration of a system of permits for:
(A) the discharge of any contaminants;
(B) the construction, installation, or modification of any:
(i) facility;
(ii) equipment; or
(iii) device;
that may be designed to control or prevent pollution; or
(C) the operation of any:
(i) facility;
(ii) equipment; or
(iii) device;
to control or to prevent pollution.
(3) Standards and conditions for the use of any fuel or vehicle
determined to constitute an air pollution hazard.
(4) Standards for the filling or sealing of abandoned:
(A) water wells;
(B) water holes; and
(C) drainage holes;
to protect ground water against contamination.
(5) Alert criteria and abatement standards for pollution episodes
or emergencies constituting an acute danger to health or to the
environment, including priority lists for terminating activities that
contribute to the hazard, whether or not the activities would meet
all discharge requirements of the board under normal conditions.
(6) Requirements and procedures for the inspection of any
equipment, facility, vehicle, vessel, or aircraft that may cause or
contribute to pollution.
(7) Requirements and standards for equipment and procedures
for:
(A) monitoring contaminant discharges at their sources;
(B) the collection of samples; and
(C) the collection, reporting, and retention, in accordance with
record retention schedules adopted under IC 5-15-5.1, of data
resulting from that monitoring.
(8) Standards or requirements to control:
(A) the discharge; or
(B) the pretreatment;
of contaminants introduced or discharged into publicly owned
treatment works.
(b) If the solid waste management board or air pollution control
board is required to adopt new rules or amend existing rules to
implement an amendment to the federal Resource Conservation and
Recovery Act or an amendment to or addition of a National Emission
Standard for Hazardous Air Pollutants under the federal Clean Air Act,
the board shall adopt the new rules or amend the existing rules not
more than nine (9) months after the date the federal law becomes
effective. This subsection does not limit a the board's authority to
amend at any time the rules adopted under this subsection.
SOURCE: IC 13-14-9-1; (12)HE1002.1.89. -->
SECTION 89. IC 13-14-9-1, AS AMENDED BY P.L.204-2007,
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.
SOURCE: IC 13-14-9-14; (12)HE1002.1.90. -->
SECTION 90. IC 13-14-9-14, AS AMENDED BY P.L.159-2011,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 14. (a) Except as provided in subsection (g),
sections 1 through 13 of this chapter do not apply to a rule adopted
under this section.
(b) The
water pollution control board may use the procedures in this
section to adopt a rule to establish new water quality standards for a
community served by a combined sewer that has:
(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
water pollution control
board.
(e) The department shall include the following in the written
materials to be considered by the
water pollution control board at the
public hearing referred to in subsection (d)(3):
(1) The full text of the proposed rule as most recently prepared by
the department.
(2) Written responses of the department to written comments
received during the comment period referred to in subsection
(d)(2).
(3) The letter prepared by the department approving the long term
control plan and use attainability analysis.
(f) At the public hearing referred to in subsection (d)(3), the board
may:
(1) adopt the proposed rule to establish a new water quality
standard amending the designated use to allow for a CSO wet
weather limited use subcategory;
(2) adopt the proposed rule with amendments;
(3) reject the proposed rule; or
(4) determine to reconsider the proposed rule at a subsequent
board meeting.
(g) If the board adopts the proposed rule with amendments under
subsection (f)(2), the amendments must meet the logical outgrowth
requirements of section 10 of this chapter, except that the board, in
determining whether the amendments are a logical outgrowth of
comments provided to the board, and in considering whether the
language of comments provided to the board fairly apprised interested
persons of the specific subjects and issues contained in the
amendments, shall consider the comments provided to the board at the
public hearing referred to in subsection (d)(3).
(h) The department shall submit a new water quality standard
established in a rule adopted under subsection (f) to the United States
Environmental Protection Agency for approval.
SOURCE: IC 13-14-11-4; (12)HE1002.1.91. -->
SECTION 91. IC 13-14-11-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 4. The department
shall, subject to the approval of all three (3) of the boards, board,
develop written procedures for the separate storage and security of files
containing records excepted from disclosure requirements under
IC 5-14-3-4.
SOURCE: IC 13-14-11-5; (12)HE1002.1.92. -->
SECTION 92. IC 13-14-11-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 5. The boards
board shall adopt rules requiring the execution of a confidentiality
agreement with persons employed, contracted, or subcontracted by the
department that is enforceable by:
(1) the state; and
(2) the submitter of the information.
SOURCE: IC 13-14-12-2; (12)HE1002.1.93. -->
SECTION 93. IC 13-14-12-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 2. The money on
deposit in the environmental management special fund shall be used
exclusively for the purposes of the department and the boards. board.
The revenues accruing to the fund are appropriated to the department
for purposes of this title. However, expenditures for projects authorized
by the department or a the board must be approved by the governor and
the budget agency.
SOURCE: IC 13-14-12-4; (12)HE1002.1.94. -->
SECTION 94. IC 13-14-12-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 4. (a) The auditor
of state shall issue a report on the fund not later than ten (10) working
days following the last day of each four (4) month period.
(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 air pollution control board.
(4) The water pollution control board.
(5) The solid waste management board.
SOURCE: IC 13-15-1-1; (12)HE1002.1.95. -->
SECTION 95. IC 13-15-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. The air
pollution control board shall establish requirements for the issuance of
permits to control air pollution, noise, and atomic radiation, including
the following:
(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.
SOURCE: IC 13-15-1-2; (12)HE1002.1.96. -->
SECTION 96. IC 13-15-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 2. The
water
pollution control board shall establish requirements for the issuance of
permits to control water pollution and atomic radiation, including the
following:
(1) Permits to control or limit the discharge of any contaminants
into state waters or into a publicly owned treatment works.
(2) Permits for the construction, installation, or modification of
facilities, equipment, or devices to control or limit any discharge,
emission, or disposal of contaminants into the waters of Indiana
or into a publicly owned treatment works.
(3) Permits for the operation of facilities, equipment, or devices
to control or limit the discharge, emission, or disposal of any
contaminants into the waters of Indiana or into a publicly owned
treatment works.
However, the
water pollution control board may not require a permit
under subdivision (2) for any facility, equipment, or device
constructed, installed, or modified as part of a surface coal mining
operation that is operated under a permit issued under IC 14-34.
SOURCE: IC 13-15-1-3; (12)HE1002.1.97. -->
SECTION 97. IC 13-15-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. The solid waste
management board shall establish requirements for the issuance of
permits to control solid waste, hazardous waste, and atomic radiation,
including the following:
(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.
SOURCE: IC 13-15-2-1; (12)HE1002.1.98. -->
SECTION 98. IC 13-15-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. (a) Each The
board shall adopt rules under IC 4-22-2 and IC 13-14-9 to establish
requirements and procedures for the issuance of permits.
(b) In rules for the issuance of permits, each the board may do the
following:
(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.
SOURCE: IC 13-15-2-2; (12)HE1002.1.99. -->
SECTION 99. IC 13-15-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 2. (a) The
boards
board may adopt rules under IC 4-22-2 and IC 13-14-9 to allow the
department to issue permits that do the following:
(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.
SOURCE: IC 13-15-3-5; (12)HE1002.1.100. -->
SECTION 100. IC 13-15-3-5, AS AMENDED BY P.L.78-2009,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 5. (a) Whenever a permit is required by any
rule of one (1) of the boards board under IC 13-15-1 for the
construction, installation, operation, or modification of any facility,
equipment, or device, the permit may be issued only after the
department staff has:
(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.
SOURCE: IC 13-15-3-6; (12)HE1002.1.101. -->
SECTION 101. IC 13-15-3-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 6. (a) When a
person holding a valid permit concerning an activity of a continuing
nature has made a timely and sufficient application for a renewal or a
new permit in accordance with rules of one (1) of the boards, board,
the existing permit does not expire until a final determination on the
application has been made by the department. However, the
commissioner may seek injunctive relief with regard to the continuing
activity of the permit applicant while the permit application is pending
if the continuing activity of the permit applicant constitutes a threat to
the public health, safety, or welfare.
(b) An application for renewal of a hazardous waste disposal facility
operating permit under IC 13-22-3 must be submitted at least one
hundred eighty (180) days before the expiration of the facility's current
permit to be considered timely under this section.
SOURCE: IC 13-15-4-6; (12)HE1002.1.102. -->
SECTION 102. IC 13-15-4-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 6. (a)
Notwithstanding the periods specified in sections 1 through 4 of this
chapter and this section, a person proposing to construct, modify, or
operate any equipment, facility, or pollution control device that is
demonstrated to achieve pollution control or pollution prevention in
excess of applicable federal, state, or local requirements may apply to
the commissioner for an interim permit to construct, modify, or operate
the equipment, facility, or pollution control device.
(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.
(c) The boards shall adopt rules under IC 4-22-2 to implement this
section before January 1, 1997. The rules may not allow an interim
construction or operation permit pending a final permit determination
if an interim permit is not allowed under federal law for a federally
authorized or delegated permit program.
(d) (c) This section does not relieve a person from complying with:
(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.
SOURCE: IC 13-15-7-4; (12)HE1002.1.103. -->
SECTION 103. IC 13-15-7-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 4. (a) This section
applies to a facility that:
(1) has been issued an operating permit by the air pollution board;
or
(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 air pollution control board shall adopt rules under IC 4-22-2
and IC 13-14-9 as part of the operating permit program established
under 42 U.S.C. 7661 through 7661f providing that a facility may make
changes without a permit revision if the following conditions exist:
(1) The changes are not modifications under any provision of
Title I of the federal Clean Air Act (42 U.S.C. 7401 et seq.), as
amended by the federal Clean Air Act Amendments of 1990
(P.L.101-549).
(2) The changes do not exceed emissions:
(A) expressed as a rate of emissions; or
(B) expressed as total emissions;
allowable under the permit.
(3) The facility provides the commissioner with written
notification at least seven (7) days before the proposed changes
are made. However, the air pollution control board may adopt
rules that provide a different period for notifications that involve
emergency situations.
SOURCE: IC 13-15-9-2; (12)HE1002.1.104. -->
SECTION 104. IC 13-15-9-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 2. (a) Each The
board may adopt rules under IC 4-22-2 and IC 13-14-9 establishing:
(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 air pollution control board may relate to:
(1) air pollution from nuclear facilities; Rules adopted by the
water pollution control board may relate to
(2) water pollution from nuclear facilities; or
(3) Rules adopted by the solid waste management board may
relate to other environmental problems associated with nuclear
facilities.
(c) The boards may not adopt rules that establish contradictory
conditions and requirements.
SOURCE: IC 13-15-9-3; (12)HE1002.1.105. -->
SECTION 105. IC 13-15-9-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. A person
proposing to construct:
(1) a nuclear powered generating facility; or
(2) a nuclear fuel reprocessing plant;
shall file with the technical secretary of each board an environmental
feasibility report, on a form prescribed by the boards, board,
concurrently with the filing of the preliminary safety analysis required
to be filed with the United States Atomic Energy Commission.
SOURCE: IC 13-15-9-4; (12)HE1002.1.106. -->
SECTION 106. IC 13-15-9-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 4. (a) The
commissioner, on behalf of each the board, may conduct a public
hearing at a time and place to be determined by the department on the
environmental effects of the proposed operation.
(b) A person affected by the proposed construction may participate
in the hearing to the extent and in the manner that the board prescribes.
SOURCE: IC 13-15-9-5; (12)HE1002.1.107. -->
SECTION 107. IC 13-15-9-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 5. (a) Each The
board shall adopt rules and standards under section 2 of this chapter to
protect the citizens of Indiana from the hazards of radiation.
(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.
SOURCE: IC 13-15-10-1; (12)HE1002.1.108. -->
SECTION 108. IC 13-15-10-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. The
solid waste
management board shall adopt rules to establish a department operated
training and certification program for the following:
(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.
SOURCE: IC 13-15-10-3; (12)HE1002.1.109. -->
SECTION 109. IC 13-15-10-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. (a) The waste
facility operator trust fund is established. The solid waste management
board shall deposit fees collected under this chapter in the fund.
(b) Money in the fund shall be used for paying the expenses of the
training and certification program described in this chapter.
SOURCE: IC 13-15-10-4; (12)HE1002.1.110. -->
SECTION 110. IC 13-15-10-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 4. The solid waste
management board shall adopt rules under IC 4-22-2 and IC 13-14-9
to implement this chapter. The rules must include the following:
(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 solid waste
management board approves to serve as a training program that
this chapter requires. A recognized training program may be
offered by an employer or by any other provider.
(4) Recognition of an interim period for which existing facility
operators must obtain certification.
SOURCE: IC 13-15-10-5; (12)HE1002.1.111. -->
SECTION 111. IC 13-15-10-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 5. (a) The
solid
waste management board shall establish by rule and cause to be
collected fees for the following:
(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
solid waste management board
that sets a fee for miscellaneous expenses incurred by the department
on behalf of the operators the solid waste management board regulates.
The fees may not be less than are required to pay all of the costs, both
direct and indirect, of the operation of the department under this
chapter.
(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.
SOURCE: IC 13-15-10-6; (12)HE1002.1.112. -->
SECTION 112. IC 13-15-10-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 6. (a) For the
payment of fees under this chapter, the solid waste management board
shall accept cash, a draft, a money order, a cashier's check, and a
certified or other personal check.
(b) If:
(1) the solid waste management board receives an uncertified
personal check for the payment of a fee; and
(2) the check does not clear the bank;
the solid waste management board may void the license, registration,
or certificate for which the check was received.
(c) Unless designated by rule, a fee is not refundable or transferable.
SOURCE: IC 13-15-11-1; (12)HE1002.1.113. -->
SECTION 113. IC 13-15-11-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. The
environmental management permit operation fund is established for the
purpose of providing money for permitting and directly associated
activities of the following programs of the department and boards: the
board:
(1) National Pollutant Discharge Elimination System program.
(2) Solid waste program.
(3) Hazardous waste program.
(4) Safe drinking water program.
SOURCE: IC 13-16-1-1; (12)HE1002.1.114. -->
SECTION 114. IC 13-16-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. This chapter
applies to fees established under this title by any of the following: the
board.
(1) The air pollution control board.
(2) The water pollution control board.
(3) The solid waste management board.
SOURCE: IC 13-16-1-3; (12)HE1002.1.115. -->
SECTION 115. IC 13-16-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. A fee
established by one (1) of the boards board under this chapter for a type
or class of permit may be based on the average of the costs specified in
section 2 of this chapter for all permits of that type or class.
SOURCE: IC 13-16-1-4; (12)HE1002.1.116. -->
SECTION 116. IC 13-16-1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 4. The boards
board shall periodically review the fees established under this chapter.
A The board may change the amount of a fee if the board determines,
based upon the factors set forth in section 2 of this chapter, that the
amount of the fee is not appropriate.
SOURCE: IC 13-17-1-1; (12)HE1002.1.117. -->
SECTION 117. IC 13-17-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. It is the intent
and purpose of air pollution control laws to maintain the purity of the
air resource of Indiana, which shall be consistent with protection of the
public health and welfare and the public enjoyment of the air resource,
physical property and other resources, flora and fauna, maximum
employment, and full industrial development of Indiana. The air
pollution control board and the department shall safeguard the air
resource through the prevention, abatement, and control of air pollution
by all practical and economically feasible methods.
SOURCE: IC 13-17-2; (12)HE1002.1.118. -->
SECTION 118. IC 13-17-2 IS REPEALED [EFFECTIVE
JANUARY 1, 2013]. (Establishment of Air Pollution Control Board).
SOURCE: IC 13-17-3-6; (12)HE1002.1.119. -->
SECTION 119. IC 13-17-3-6 IS REPEALED [EFFECTIVE
JANUARY 1, 2013]. Sec. 6. The board shall develop operating policies
governing the implementation of air pollution control laws by the
commissioner.
SOURCE: IC 13-17-3-11; (12)HE1002.1.120. -->
SECTION 120. IC 13-17-3-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 11. The board
may adopt rules under IC 4-22-2 and IC 13-14-9 under discretionary
authority granted to the state by:
(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.
SOURCE: IC 13-17-5-1; (12)HE1002.1.121. -->
SECTION 121. IC 13-17-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. The air
pollution control board may adopt rules for the control of emissions
from vehicles. However, the board must, before adopting the rules,
forward to each member of the general assembly a copy of the
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.
SOURCE: IC 13-17-8-3; (12)HE1002.1.122. -->
SECTION 122. IC 13-17-8-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. The
air
pollution control board shall adopt fees to be collected under the
operating permit program. The annual aggregate amount of fees
collected under the operating permit program from all sources subject
to the operating permit program must be sufficient to cover only the
direct and indirect reasonable costs of the following permit program
activities:
(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.
SOURCE: IC 13-17-13-1; (12)HE1002.1.123. -->
SECTION 123. IC 13-17-13-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. The air
pollution control board may adopt rules under IC 4-22-2 and
IC 13-14-9 to establish categories of sources or facilities that may be
effectively restricted through specific requirements established by the
rules to emit less than the amount of air pollutants for which a Title V
air operating permit is required.
SOURCE: IC 13-18-1; (12)HE1002.1.124. -->
SECTION 124. IC 13-18-1 IS REPEALED [EFFECTIVE
JANUARY 1, 2013]. (Establishment of Water Pollution Control
Board).
SOURCE: IC 13-18-3-1; (12)HE1002.1.125. -->
SECTION 125. IC 13-18-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. The water
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.
SOURCE: IC 13-18-3-3; (12)HE1002.1.126. -->
SECTION 126. IC 13-18-3-3 IS REPEALED [EFFECTIVE
JANUARY 1, 2013]. Sec. 3. The board shall develop operating policies
governing the implementation of the water pollution control laws by
the department.
SOURCE: IC 13-18-3-12; (12)HE1002.1.127. -->
SECTION 127. IC 13-18-3-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 12. The water
pollution control board shall adopt rules providing that whenever a
person submits plans to a unit concerning the design or construction of:
(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
water pollution control board are met;
the plans are not required to be submitted to any state agency for a
permit, permission, or review, unless required by federal law.
SOURCE: IC 13-18-11-1.5; (12)HE1002.1.128. -->
SECTION 128. IC 13-18-11-1.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1.5. The
department board shall adopt regulations to implement certification
programs for operators of water treatment plants or water distribution
systems. The certification program for the operators shall be classified
in accordance with the complexity, size, and source of the water for the
treatment system and the complexity and size for the distribution
system.
SOURCE: IC 13-18-12-1; (12)HE1002.1.129. -->
SECTION 129. IC 13-18-12-1, AS AMENDED BY P.L.159-2011,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 1. The water pollution control board and the
department shall regulate persons who provide septage management
services.
SOURCE: IC 13-18-12-2.5; (12)HE1002.1.130. -->
SECTION 130. IC 13-18-12-2.5, AS ADDED BY P.L.223-2011,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 2.5. (a) The department and the boards
board may allow a person to use industrial waste products in a land
application operation or as ingredients in a soil amendment or soil
substitute to be land applied if:
(1) the industrial waste products are not hazardous wastes;
(2) the industrial waste products:
(A) have a beneficial use (as defined in 327 IAC 6.1-2-6); or
(B) otherwise provide a benefit to the process of creating the
soil amendments or soil substitute or to the final soil
amendment, soil substitute, or material to be land applied,
such as bulking;
(3) the finished soil amendment, soil substitute, or material to be
land applied satisfies the applicable criteria in 327 IAC 6.1;
(4) the finished soil amendment, soil substitute, or material to be
land applied has a beneficial use;
(5) the requirements of subsection (b) are satisfied; and
(6) the person pays a permit fee in an amount determined by the
department that does not exceed the costs incurred by the
department to issue the permit.
(b) The department:
(1) may allow the use of industrial waste products:
(A) in a land application operation; or
(B) as ingredients in a soil amendment or soil substitute to be
land applied;
on the same basis as other materials under the rules concerning
land application and marketing and distribution permits;
(2) may not:
(A) discriminate against the use of industrial waste products
on the basis that the industrial waste products lack biological
carbon;
(B) impose requirements beyond applicable criteria in 327
IAC 6.1, unless additional requirements are necessary for the
protection of human health and the environment;
(C) require that the finished soil amendment, soil substitute, or
material to be land applied must be of a particular economic
value; or
(D) for any pollutant that has a pollutant limit or concentration
in 327 IAC 6.1, require that an industrial waste product or the
finished soil amendment, soil substitute, or material to be land
applied satisfies:
(i) the department's risk integrated system of closures
nonrule policy document; or
(ii) any other standards other than criteria in 327 IAC 6.1;
and
(3) for any pollutant present in the industrial waste products that
does not have a pollutant limit or concentration in 327 IAC 6.1,
shall consider the benefits of the finished soil amendment, soil
substitute, or material to be land applied as compared to the
measurable risks to human health and the environment based on
the anticipated use of the finished soil amendment, soil substitute,
or material to be land applied; and
(4) shall require an application for a permit for the land
application of industrial waste products to include
characterization of individual industrial waste products at the
point of waste generation before mixing the waste streams.
(c) The board may adopt rules for pollutant limits or concentrations
for pollutants for which limits or concentrations do not exist in 327
IAC 6.1 as of July 1, 2011.
SOURCE: IC 13-19-2; (12)HE1002.1.131. -->
SECTION 131. IC 13-19-2 IS REPEALED [EFFECTIVE
JANUARY 1, 2013]. (Establishment of Solid Waste Management
Board).
SOURCE: IC 13-19-3-1; (12)HE1002.1.132. -->
SECTION 132. IC 13-19-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. The solid waste
management board shall do the following:
(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.
SOURCE: IC 13-19-3-7; (12)HE1002.1.133. -->
SECTION 133. IC 13-19-3-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 7. The department
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.
SOURCE: IC 13-19-4-10; (12)HE1002.1.134. -->
SECTION 134. IC 13-19-4-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 10. The board
may adopt rules under IC 4-22-2 and IC 13-14-9 to administer this
chapter.
SOURCE: IC 13-20-1-5; (12)HE1002.1.135. -->
SECTION 135. IC 13-20-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 5. The solid waste
management board shall adopt rules under IC 4-22-2 and IC 13-14-9
to implement this chapter.
SOURCE: IC 13-20-2-7; (12)HE1002.1.136. -->
SECTION 136. IC 13-20-2-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 7. The solid waste
management board may adopt rules under IC 4-22-2 and IC 13-14-9
to administer this chapter.
SOURCE: IC 13-20-3-5; (12)HE1002.1.137. -->
SECTION 137. IC 13-20-3-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 5. The board shall
adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter.
SOURCE: IC 13-20-6-7; (12)HE1002.1.138. -->
SECTION 138. IC 13-20-6-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 7. (a) The
department shall establish a uniform transfer station inspection
program to protect the health of the residents of Indiana and the
environment of Indiana:
(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 solid waste management board.
(b) The solid waste management board shall establish fees payable
by the transfer stations inspected. The amount of a fee imposed for the
inspection of a transfer station may not exceed the cost of time and
materials directly expended by:
(1) the department; or
(2) a contractor hired by the department;
for conducting the inspection of the transfer station.
SOURCE: IC 13-20-8-1; (12)HE1002.1.139. -->
SECTION 139. IC 13-20-8-1, AS AMENDED BY SEA 131-2012,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 1. The solid waste management board shall
adopt rules under IC 4-22-2 and IC 13-14-9 to regulate the construction
and operation of incinerators under IC 13-14-8. The rules must
incorporate by reference pertinent rules adopted by the air pollution
control board concerning air pollution control.
SOURCE: IC 13-20-8-5; (12)HE1002.1.140. -->
SECTION 140. IC 13-20-8-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 5. (a) The
department, in accordance with IC 13-15, shall operate a permit
program for all incinerators subject to regulation under the rules of the
air pollution control board and the solid waste management board.
(b) The department shall issue permits for an incinerator that is in
compliance with construction and operating rules adopted by the
solid
waste management board and the air pollution control board.
(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.
SOURCE: IC 13-20-9-3; (12)HE1002.1.141. -->
SECTION 141. IC 13-20-9-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. The solid waste
management board may adopt rules under IC 4-22-2 and IC 13-14-9
to implement this chapter.
SOURCE: IC 13-20-10-3; (12)HE1002.1.142. -->
SECTION 142. IC 13-20-10-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. To register a
composting facility for vegetative matter with the department, a person
must submit an application to the department that contains the
following:
(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 solid waste
management board requires by rule.
SOURCE: IC 13-20-10-10; (12)HE1002.1.143. -->
SECTION 143. IC 13-20-10-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 10. The board
may adopt rules under IC 4-22-2 and IC 13-14-9 to implement this
chapter.
SOURCE: IC 13-20-13-9; (12)HE1002.1.144. -->
SECTION 144. IC 13-20-13-9, AS AMENDED BY P.L.204-2007,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 9. (a) The department may use money in the
fund to assist the department in:
(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 department board may adopt rules under IC 4-22-2 and
IC 13-14-9 necessary to implement this section.
SOURCE: IC 13-20-14-1; (12)HE1002.1.145. -->
SECTION 145. IC 13-20-14-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. (a) Except as
provided in:
(1) rules adopted under subsection (d); and
(2) section 10 of this chapter;
a whole waste tire may not be disposed of at a solid waste landfill.
(b) The department may approve shredded or ground up tires for use
as daily cover for a solid waste landfill.
(c) Material approved under subsection (b) is exempt from
IC 13-20-22 and IC 13-21-13.
(d) The solid waste management board shall adopt rules that allow
for the incidental disposal of small amounts of whole waste tires at
solid waste landfills.
(e) The rules adopted under subsection (d) may allow a landfill
operator to meet the requirements of the rule by employing procedures
designed to achieve the objectives of subsection (d) in lieu of a numeric
standard.
SOURCE: IC 13-20-14-6; (12)HE1002.1.146. -->
SECTION 146. IC 13-20-14-6, AS AMENDED BY SEA 131-2012,
SECION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 6. The solid waste management board shall
adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter.
SOURCE: IC 13-20-14-9.5; (12)HE1002.1.147. -->
SECTION 147. IC 13-20-14-9.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 9.5. (a) Except as
provided in rules adopted under subsection (c), an operator of a transfer
station shall remove whole waste tires present in solid waste that is
being transferred from a vehicle or container to another vehicle or
container at the transfer station.
(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 solid waste management board shall adopt rules that allow
for the incidental transfer of small amounts of whole waste tires under
subsection (a).
(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.
SOURCE: IC 13-20-15-1; (12)HE1002.1.148. -->
SECTION 148. IC 13-20-15-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. The solid waste
management board department shall administer and implement this
chapter to protect the public health, safety, and welfare from the toxic
effects and environmental dangers of PCB. The board shall adopt the
rules required by this chapter under IC 4-22-2 and IC 13-14-9.
SOURCE: IC 13-22-2-2; (12)HE1002.1.149. -->
SECTION 149. IC 13-22-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 2. The solid waste
management board shall adopt rules under IC 4-22-2 and IC 13-14-9
to implement this chapter through IC 13-22-8, IC 13-22-11.5, and
IC 13-22-13 through IC 13-22-14.
SOURCE: IC 13-22-2-6; (12)HE1002.1.150. -->
SECTION 150. IC 13-22-2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 6. The board shall
do the following:
(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.
SOURCE: IC 13-22-2-7; (12)HE1002.1.151. -->
SECTION 151. IC 13-22-2-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 7. The board shall
adopt rules under IC 4-22-2
and IC 13-14-9 setting standards for
corrective action for all releases of hazardous waste or constituents
from any solid waste management unit at a hazardous waste facility.
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.
SOURCE: IC 13-22-8-1; (12)HE1002.1.152. -->
SECTION 152. IC 13-22-8-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. (a) The solid
waste management board shall adopt rules under IC 4-22-2 and
IC 13-14-9 on standards of financial responsibility for the following:
(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.
SOURCE: IC 13-23-1-1; (12)HE1002.1.153. -->
SECTION 153. IC 13-23-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. (a) The
department shall establish and operate an underground storage tank
release detection, prevention, and correction program under this article
according to rules adopted by the solid waste management board.
(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.
SOURCE: IC 13-25-4-7; (12)HE1002.1.154. -->
SECTION 154. IC 13-25-4-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 7. The solid waste
management board shall adopt rules establishing criteria for
determining the commissioner's priorities in selecting hazardous
substance response sites. Until these rules have been adopted, the
commissioner shall give priority to those sites presenting a significant
threat to public health and environment.
SOURCE: IC 13-27-8-3; (12)HE1002.1.155. -->
SECTION 155. IC 13-27-8-3, AS ADDED BY P.L.100-2006,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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.
SOURCE: IC 13-28-1-3; (12)HE1002.1.156. -->
SECTION 156. IC 13-28-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. Each of the
regulatory boards within the department The board may adopt rules
under IC 4-22-2 and IC 13-14-9 as required to implement the
compliance program described in this article.
SOURCE: IC 13-29-1-13; (12)HE1002.1.157. -->
SECTION 157. IC 13-29-1-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 13. The solid
waste management board shall adopt under IC 4-22-2 and IC 13-14-9
the rules necessary to implement this chapter.
SOURCE: IC 13-30-2-1; (12)HE1002.1.158. -->
SECTION 158. IC 13-30-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. A person may
not do any of the following:
(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 appropriate board under the
environmental management laws.
(2) Increase the quantity or strength of a discharge of
contaminants into the waters or construct or install a sewer or
sewage treatment facility or a new outlet for contaminants into the
waters of Indiana without prior approval of the department.
(3) Deposit any contaminants upon the land in a place and manner
that creates or would create a pollution hazard that violates or
would violate a rule adopted by one (1) of the boards. board.
(4) Deposit or cause or allow the deposit of any contaminants or
solid waste upon the land, except through the use of sanitary
landfills, incineration, composting, garbage grinding, or another
method acceptable to the solid waste management board.
(5) Dump or cause or allow the open dumping of garbage or of
any other solid waste in violation of rules adopted by the solid
waste management board.
(6) Dispose of solid waste in, upon, or within the limits of or
adjacent to a public highway, state park, state nature preserve, or
recreation area or in or immediately adjacent to a lake or stream,
except:
(A) in proper containers provided for sanitary storage of the
solid waste; or
(B) as a part of a sanitary landfill operation or other land
disposal method approved by the department.
(7) Construct, install, operate, conduct, or modify, without prior
approval of the department, any equipment or facility of any type
that may:
(A) cause or contribute to pollution; or
(B) be designed to prevent pollution.
However, the commissioner or the appropriate board may approve
experimental uses of any equipment, facility, or pollution control
device that is considered necessary for the further development of
the state of the art of pollution control.
(8) Conduct any salvage operation or open dump by open burning
or burn, cause, or allow the burning of any solid waste in a
manner that violates either:
(A) the air pollution control laws; or
(B) the rules adopted by the air pollution control board.
(9) Commence construction of a proposed hazardous waste
facility without having first:
(A) filed an application for; and
(B) received;
a permit from the department.
(10) Commence or engage in the operation of a hazardous waste
facility without having first obtained a permit from the
department.
(11) Deliver any hazardous waste to a hazardous waste facility
that:
(A) is not approved; or
(B) does not hold a permit from the department.
(12) Cause or allow the transportation of a hazardous waste
without a manifest if a manifest is required by law.
(13) Violate any:
(A) condition;
(B) limitation; or
(C) stipulation;
placed upon a certificate of environmental compatibility by the
hazardous waste facility site approval authority or any other
provision of IC 13-22-10.
(14) Apply or allow the application of used oil to any ground
surface, except for purposes of treatment in accordance with a
permit issued by the department under any of the following:
(A) IC 13-15, except IC 13-15-9.
(B) IC 13-17-11.
(C) IC 13-18-18.
(D) IC 13-20-1.
(15) Commence construction of a solid waste incinerator without
first obtaining a permit from the department under IC 13-20-8.
(16) Commence operation of a solid waste incinerator without
first obtaining the approval of the department under IC 13-20-8.
SOURCE: IC 13-30-3-11; (12)HE1002.1.159. -->
SECTION 159. IC 13-30-3-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 11. An order of
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.
SOURCE: IC 13-30-4-1; (12)HE1002.1.160. -->
SECTION 160. IC 13-30-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. (a) Subject to
IC 13-14-6 and except as provided in IC 13-23-14-2 and
IC 13-23-14-3, a person who violates:
(1) any provision of:
(A) environmental management laws;
(B) air pollution control laws;
(C) water pollution control laws;
(D) IC 13-18-14-1; or
(E) a rule or standard adopted by one (1) of the boards; board;
or
(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.
SOURCE: IC 13-30-7-7; (12)HE1002.1.161. -->
SECTION 161. IC 13-30-7-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 7. The boards
following shall adopt rules under IC 4-22-2 and IC 13-14-9 to
administer this chapter:
(1) The board.
(2) The underground storage tank financial assurance board
created by IC 13-23-11-1.
SOURCE: IC 14-8-2-48; (12)HE1002.1.162. -->
SECTION 162. IC 14-8-2-48, AS AMENDED BY P.L.197-2011,
SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 48. (a) "Commission", except as provided in
subsections (b) through (r), this section, refers to the natural resources
commission.
(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.
(i) "Commission", for purposes of IC 14-21-4, has the meaning set
forth in IC 14-21-4-1.
(j) "Commission", for purposes of IC 14-25-11, has the meaning set
forth in IC 14-25-11-1.
(k) (i) "Commission", for purposes of IC 14-28-4, has the meaning
set forth in IC 14-28-4-1.
(l) (j) "Commission", for purposes of IC 14-30-1, has the meaning
set forth in IC 14-30-1-2.
(m) (k) "Commission", for purposes of IC 14-30-2, has the meaning
set forth in IC 14-30-2-2.
(n) (l) "Commission", for purposes of IC 14-30-3, has the meaning
set forth in IC 14-30-3-2.
(o) (m) "Commission", for purposes of IC 14-30-4, has the meaning
set forth in IC 14-30-4-2.
(p) (n) "Commission", for purposes of IC 14-33-20, has the meaning
set forth in IC 14-33-20-2.
SOURCE: IC 14-8-2-84; (12)HE1002.1.163. -->
SECTION 163. IC 14-8-2-84 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 84. "Eligible entity", for purposes of IC 14-25-11, has the
meaning set forth in IC 14-25-11-2.
SOURCE: IC 14-8-2-107; (12)HE1002.1.164. -->
SECTION 164. IC 14-8-2-107, AS AMENDED BY P.L.167-2011,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 107. "Fund" has the following meaning:
(1) For purposes of IC 14-9-5, the meaning set forth in
IC 14-9-5-1.
(2) For purposes of IC 14-9-8-21, the meaning set forth in
IC 14-9-8-21.
(3) For purposes of IC 14-9-8-21.5, the meaning set forth in
IC 14-9-8-21.5.
(4) For purposes of IC 14-9-9, the meaning set forth in
IC 14-9-9-3.
(5) For purposes of IC 14-12-1, the meaning set forth in
IC 14-12-1-1.
(6) For purposes of IC 14-12-2, the meaning set forth in
IC 14-12-2-2.
(7) For purposes of IC 14-12-3, the meaning set forth in
IC 14-12-3-2.
(8) For purposes of IC 14-13-1, the meaning set forth in
IC 14-13-1-2.
(9) For purposes of IC 14-13-2, the meaning set forth in
IC 14-13-2-3.
(10) For purposes of IC 14-16-1, the meaning set forth in
IC 14-16-1-30.
(11) For purposes of IC 14-19-8, the meaning set forth in
IC 14-19-8-1.
(12) For purposes of IC 14-20-11, the meaning set forth in
IC 14-20-11-2.
(13) For purposes of IC 14-21-4, the meaning set forth in
IC 14-21-4-10.
(14) (13) For purposes of IC 14-22-3, the meaning set forth in
IC 14-22-3-1.
(15) (14) For purposes of IC 14-22-4, the meaning set forth in
IC 14-22-4-1.
(16) (15) For purposes of IC 14-22-5, the meaning set forth in
IC 14-22-5-1.
(17) (16) For purposes of IC 14-22-8, the meaning set forth in
IC 14-22-8-1.
(18) (17) For purposes of IC 14-22-34, the meaning set forth in
IC 14-22-34-2.
(19) (18) For purposes of IC 14-23-3, the meaning set forth in
IC 14-23-3-1.
(20) (19) For purposes of IC 14-24-4.5, the meaning set forth in
IC 14-24-4.5-2(5).
(21) (20) For purposes of IC 14-25-2-4, the meaning set forth in
IC 14-25-2-4.
(22) (21) For purposes of IC 14-25-10, the meaning set forth in
IC 14-25-10-1.
(23) For purposes of IC 14-25-11-19, the meaning set forth in
IC 14-25-11-19.
(24) (22) For purposes of IC 14-25.5, the meaning set forth in
IC 14-25.5-1-3.
(25) (23) For purposes of IC 14-28-5, the meaning set forth in
IC 14-28-5-2.
(26) (24) For purposes of IC 14-31-2, the meaning set forth in
IC 14-31-2-5.
(27) (25) For purposes of IC 14-25-12, the meaning set forth in
IC 14-25-12-1.
(28) (26) For purposes of IC 14-32-8, the meaning set forth in
IC 14-32-8-1.
(29) (27) For purposes of IC 14-33-14, the meaning set forth in
IC 14-33-14-3.
(30) (28) For purposes of IC 14-33-21, the meaning set forth in
IC 14-33-21-1.
(31) (29) For purposes of IC 14-34-6-15, the meaning set forth in
IC 14-34-6-15.
(32) (30) For purposes of IC 14-34-14, the meaning set forth in
IC 14-34-14-1.
(33) (31) For purposes of IC 14-34-19-1.3, the meaning set forth
in IC 14-34-19-1.3(a).
(34) (32) For purposes of IC 14-34-19-1.5, the meaning set forth
in IC 14-34-19-1.5(a).
(35) (33) For purposes of IC 14-37-10, the meaning set forth in
IC 14-37-10-1.
SOURCE: IC 14-8-2-123.5; (12)HE1002.1.165. -->
SECTION 165. IC 14-8-2-123.5 IS REPEALED [EFFECTIVE
JULY 1, 2012]. Sec. 123.5. "Historic courthouse", for purposes of
IC 14-21-4, has the meaning set forth in IC 14-21-4-2.
SOURCE: IC 14-8-2-149; (12)HE1002.1.166. -->
SECTION 166. IC 14-8-2-149 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 149. "Legislative body", for purposes of IC 14-25-11, has
the meaning set forth in IC 14-25-11-3.
SOURCE: IC 14-8-2-279.5; (12)HE1002.1.167. -->
SECTION 167. IC 14-8-2-279.5 IS REPEALED [EFFECTIVE
JULY 1, 2012]. Sec. 279.5. "Task force", for purposes of:
(1) IC 14-25-14, has the meaning set forth in IC 14-25-14-1; and
(2) IC 14-25-16, has the meaning set forth in IC 14-25-16-1.
SOURCE: IC 14-9-6-2; (12)HE1002.1.168. -->
SECTION 168. IC 14-9-6-2, AS AMENDED BY P.L.95-2006,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2. (a) The advisory council consists of twelve (12)
seven (7) members appointed by the governor. with the terms of four
(4) members expiring each year.
(b) Not more than eight (8) four (4) members may be of the same
political party.
SOURCE: IC 14-9-6-3; (12)HE1002.1.169. -->
SECTION 169. IC 14-9-6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. The term of a
member of a council is three (3) years. The terms must be staggered
so that the terms of not more than three (3) members may expire
in a year.
SOURCE: IC 14-9-6-6; (12)HE1002.1.170. -->
SECTION 170. IC 14-9-6-6, AS AMENDED BY P.L.95-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 6. The advisory council:
(1) shall hold at least one (1) regular meeting every two (2)
months of the calendar year; and a meeting in January of each
calendar year; and
(2) may hold special meetings that at the call of the chairperson.
of the advisory council considers necessary and expedient.
SOURCE: IC 14-9-6-7; (12)HE1002.1.171. -->
SECTION 171. IC 14-9-6-7, AS AMENDED BY P.L.95-2006,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 7. During the first meeting in held in January of
each calendar year, the advisory council shall elect the following:
(1) A chairperson and vice chairperson.
(2) Any other officer needed to carry out the business of the
advisory council.
SOURCE: IC 14-10-2-5; (12)HE1002.1.172. -->
SECTION 172. IC 14-10-2-5, AS AMENDED BY P.L.167-2011,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 5. (a) The department may adopt emergency rules
under IC 4-22-2-37.1 to carry out the duties of the department under
the following:
(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 IC 14-25-11, and IC 14-25-13.
(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.
SOURCE: IC 14-21-1-25.5; (12)HE1002.1.173. -->
SECTION 173. IC 14-21-1-25.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 25.5. (a) If a Native
American Indian burial ground is discovered, the department shall
immediately provide notice to the Native American Indian affairs
commission established by IC 4-4-31.4. IC 4-23-32.
(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.
SOURCE: IC 14-21-4; (12)HE1002.1.174. -->
SECTION 174. IC 14-21-4 IS REPEALED [EFFECTIVE JULY 1,
2012]. (Courthouse Preservation Advisory Commission).
SOURCE: IC 14-25-11; (12)HE1002.1.175. -->
SECTION 175. IC 14-25-11 IS REPEALED [EFFECTIVE JULY 1,
2012]. (Rural Community Water Supply Systems).
SOURCE: IC 14-25-14; (12)HE1002.1.176. -->
SECTION 176. IC 14-25-14 IS REPEALED [EFFECTIVE JULY 1,
2012]. (Water Shortage Task Force).
SOURCE: IC 14-25-15-9; (12)HE1002.1.177. -->
SECTION 177. IC 14-25-15-9, AS ADDED BY P.L.4-2008,
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.
SOURCE: IC 14-25-16; (12)HE1002.1.178. -->
SECTION 178. IC 14-25-16 IS REPEALED [EFFECTIVE JULY 1,
2012]. (Water Resources Task Force).
SOURCE: IC 15-11-10; (12)HE1002.1.179. -->
SECTION 179. IC 15-11-10 IS REPEALED [EFFECTIVE JULY 1,
2012]. (Tobacco Farmers and Rural Community Impact Fund).
SOURCE: IC 15-17-3-2; (12)HE1002.1.180. -->
SECTION 180. IC 15-17-3-2, AS ADDED BY P.L.2-2008,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2. The board consists of eleven (11) members
appointed by the governor as follows:
(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 licensed
livestock market. an organization that holds any of the
following issued by the board:
(A) A license issued under this article.
(B) A grant of inspection issued to a meat processing
establishment under IC 15-17-5.
(C) A permit issued to a milk plant under IC 15-18-1.
SOURCE: IC 16-18-2-372; (12)HE1002.1.181. -->
SECTION 181. IC 16-18-2-372 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 372. "Water
board", for purposes of IC 16-41, refers to the water pollution control
board established by IC 13-18-1-1. IC 13-13-8-3.
SOURCE: IC 16-20-5-1; (12)HE1002.1.182. -->
SECTION 182. IC 16-20-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. (a) If a multiple
county sewer, water, wastewater, or similar district has been
established under IC 13-26 or IC 13-3-2 (before its repeal), the affected
counties may by concurrent resolution of each county executive
establish an area board of health for the sole purposes of administering
and enforcing, consistent with environmental management laws (as
defined in IC 13-11-2-71), all state and local environmental statutes,
rules, and ordinances relative to the maintenance of a high quality
environmental level in the district.
(b) Area boards of health created under this chapter have
jurisdiction with the boards identified in IC 13-11-2-18 board
established under IC 13-13-8 and the department of environmental
management within the uniform inspection and enforcement area
established under section 5 of this chapter.
SOURCE: IC 16-41-37.5-2.5; (12)HE1002.1.183. -->
SECTION 183. IC 16-41-37.5-2.5, AS ADDED BY P.L.168-2009,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2.5. (a) Before July 1, 2010, the state department
shall distribute a manual of best practices for managing indoor air
quality at schools as described in this section. The state department
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.
SOURCE: IC 16-41-37.5-3; (12)HE1002.1.184. -->
SECTION 184. IC 16-41-37.5-3 IS REPEALED [EFFECTIVE
JULY 1, 2012].
Sec. 3. (a) The air quality panel is established to assist
the state department in carrying out this chapter.
(b) The panel consists of the following members:
(1) A representative of the state department, appointed by the
commissioner of the state department.
(2) A representative of the department of education, appointed by
the state superintendent of public instruction.
(3) A representative of the Indiana department of administration,
appointed by the commissioner of the Indiana department of
administration.
(4) A member of the governing body of a school corporation,
appointed by the state superintendent of public instruction.
(5) A teacher licensed under IC 20-28-4 or IC 20-28-5, appointed
by the governor.
(6) A representative of a statewide parent organization, appointed
by the state superintendent of public instruction.
(7) A physician who has experience in indoor air quality issues,
appointed by the commissioner of the state department.
(8) An individual with training and experience in occupational
safety and health, appointed by the commissioner of the
department of labor.
(9) A mechanical engineer with experience in building ventilation
system design, appointed by the governor.
(10) A building contractor with experience in air flow systems
who is a member of a national association that specializes in air
flow systems, appointed by the governor.
(11) A member of a labor organization whose members install,
service, evaluate, and balance heating, ventilation, and air
conditioning equipment, appointed by the governor.
(12) An individual with experience in the cleaning and
maintenance of commercial facilities, appointed by the governor.
(c) The chairperson of the panel shall be the representative of the
state department.
(d) The panel shall convene at least twice annually at the discretion
of the chairperson.
(e) The state department shall post minutes of each meeting of the
panel on the state department's web site not later than forty-five (45)
days after the meeting.
(f) The state department shall provide administrative support for the
panel.
(g) The panel shall:
(1) identify and make available to schools and state agencies best
operating practices for indoor air quality;
(2) assist the state department in developing plans to improve air
quality conditions found in inspections under section 2 of this
chapter; and
(3) assist the state department in adopting rules under section 2 of
this chapter.
(h) The state department shall prepare and make available to the
public an annual report describing the panel's actions.
SOURCE: IC 20-20-13-6; (12)HE1002.1.185. -->
SECTION 185. IC 20-20-13-6, AS AMENDED BY
P.L.182-2009(ss), SECTION 305, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) The Senator
David C. Ford educational technology fund is established to extend
educational technologies to elementary and secondary schools. The
fund may be used for:
(1) the 4R's technology grant program to assist school
corporations (on behalf of public schools) in purchasing
technology equipment:
(A) for kindergarten and grade 1 students, to learn reading,
writing, and arithmetic using technology;
(B) for students in all grades, to understand that technology is
a tool for learning; and
(C) for students in kindergarten through grade 3 who have
been identified as needing remediation, to offer daily
remediation opportunities using technology to prevent those
students from failing to make appropriate progress at the
particular grade level;
(2) a school technology program developed by the department.
The program may include grants to school corporations for the
purchase of:
(A) equipment, hardware, and software;
(B) learning and teaching systems; and
(C) other materials;
that promote student learning, as determined by the department.
(3) providing educational technologies, including computers in
the homes of students;
(4) conducting educational technology training for teachers; and
(5) other innovative educational technology programs.
(b) The department may also use money in the fund under contracts
entered into with the office of technology established by IC 4-13.1-2-1
to study the feasibility of establishing an information
telecommunications gateway that provides access to information on
employment opportunities, career development, and instructional
services from data bases operated by the state among the following:
(1) Elementary and secondary schools.
(2) Postsecondary educational institutions.
(3) Career and technical educational centers and institutions that
are not postsecondary educational institutions.
(4) Libraries.
(5) Any other agencies offering education and training programs.
(c) The fund consists of:
(1) state appropriations;
(2) private donations to the fund;
(3) money directed to the fund from the corporation for
educational technology under IC 20-20-15; or
(4) (3) any combination of the amounts described in subdivisions
(1) through (3). (2).
(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.
SOURCE: IC 20-20-13-7; (12)HE1002.1.186. -->
SECTION 186. IC 20-20-13-7, AS AMENDED BY P.L.2-2006,
SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 7. (a) Notwithstanding any other law, a school
corporation is not entitled to:
(1) receive any money under this chapter;
or IC 20-20-15;
(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.
SOURCE: IC 20-20-13-8; (12)HE1002.1.187. -->
SECTION 187. IC 20-20-13-8, AS ADDED BY P.L.1-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 8. Upon the approval of the governor and the
budget agency, the department may use funds available under this
chapter to provide or extend education technology to any school
corporation for purposes described in this chapter. The department
(upon the approval of the governor and the budget agency) may direct
funds under this chapter to the corporation for educational technology
under IC 20-20-15 to further the corporation's purposes.
SOURCE: IC 20-20-13-9; (12)HE1002.1.188. -->
SECTION 188. IC 20-20-13-9, AS ADDED BY P.L.1-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 9. (a) This section applies to the 4R's technology
program described in section 6(a)(1) of this chapter.
(b) In addition to any other funds available under this chapter, if
state funds are transferred under IC 20-32-5-19 to the 4R's technology
program:
(1) those funds do not revert to the state general fund;
(2) those funds shall be made available to the 4R's technology
program under this chapter; and
(3) the department, upon approval by the governor and the budget
agency, shall use those funds to award grants under this section.
(c) To be eligible to receive a grant under the program, a school
corporation must comply with the following:
(1) The school corporation must apply to the department for a
grant on behalf of a school within the school corporation to
purchase technology equipment.
(2) The school corporation must certify the following:
(A) That the school will provide every kindergarten and grade
1 student at that school the opportunity to learn reading,
writing, and arithmetic using technology.
(B) That the school will provide daily before or after school
technology laboratories for students in grades 1 through 3 who
have been identified as needing remediation in reading,
writing, or arithmetic.
(C) That the school will provide additional technology
opportunities, that may include Saturday sessions, for students
in other grade levels to use the technology laboratories for
remediation in reading, writing, arithmetic, or mathematics.
(D) That the school will provide technology opportunities to
students that attend remediation programs under IC 20-32-8 (if
the school corporation is required to do so) or any other
additional summer programs.
(E) That the school corporation, either through its own or the
school's initiative, or through donations made to the
corporation for educational technology under IC 20-20-15 on
behalf of the school corporation, is able to provide a part of the
costs attributable to purchasing the necessary technology
equipment.
(3) The school corporation must include in the application the
sources of and the amount of money secured under subdivision
(2)(E).
(4) The school corporation or the school must:
(A) provide teacher training services; or
(B) use vendor provided teacher training services.
(5) The school corporation must give primary consideration to the
purchase of technology equipment that includes teacher training
services.
(6) The teachers who will be using the technology equipment
must support the initiative described in this chapter.
(d) Upon review of the applications by the department, the
satisfaction of the requirements set forth in subsection (c), and subject
to the availability of funds for this purpose, the department shall award
to each eligible school corporation a grant to purchase technology
equipment under section 6(a)(1) of this chapter.
(e) The department shall monitor the compliance by the school
corporations receiving grants of the matters cited in subsection (c).
SOURCE: IC 20-20-13-15; (12)HE1002.1.189. -->
SECTION 189. IC 20-20-13-15, AS ADDED BY P.L.1-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 15. A school corporation qualifies for a
technology plan grant under sections 13 through 24 of this chapter
when the technology plan of the school corporation developed under
section 7 of this chapter is approved by the department. For purposes
of determining whether a school corporation qualifies for a grant under
sections 13 through 24 of this chapter, the department shall:
(1) review;
(2) suggest changes;
(3) approve; or
(4) reject;
a school corporation's technology plan. However, before the
department may approve a technology plan, the department must
consult with the corporation for educational technology established by
IC 20-20-15-3 on the contents of the technology plan.
SOURCE: IC 20-20-13-17; (12)HE1002.1.190. -->
SECTION 190. IC 20-20-13-17, AS ADDED BY P.L.1-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 17. The total technology plan grant amount to a
qualifying school corporation is the amount determined by the
department with advice from the educational technology council
established by IC 20-20-14-2, multiplied by the school corporation's
ADM. The amount is one hundred dollars ($100). However, for the
purposes of determining the ADM of a school corporation, students
who are transferred under IC 20-33-4 or IC 20-26-11 shall be counted
as students having legal settlement in the transferee corporation and not
having legal settlement in the transferor corporation.
SOURCE: IC 20-20-14; (12)HE1002.1.191. -->
SECTION 191. IC 20-20-14 IS REPEALED [EFFECTIVE JULY 1,
2012]. (Educational Technology Council).
SOURCE: IC 20-20-15; (12)HE1002.1.192. -->
SECTION 192. IC 20-20-15 IS REPEALED [EFFECTIVE JULY 1,
2012]. (Corporation for Educational Technology).
SOURCE: IC 20-40-8-18; (12)HE1002.1.193. -->
SECTION 193. IC 20-40-8-18 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 18. Money in the fund may be used to carry out a plan
developed under IC 16-41-37.5.
SOURCE: IC 20-40-15-6; (12)HE1002.1.194. -->
SECTION 194. IC 20-40-15-6, AS ADDED BY P.L.2-2006,
SECTION 163, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 6. (a) Before February 15 of each
year, each school corporation shall file a report with the state
superintendent's special assistant for technology.
(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.
SOURCE: IC 22-4.1-15; (12)HE1002.1.195. -->
SECTION 195. IC 22-4.1-15 IS REPEALED [EFFECTIVE JULY
1, 2012]. (Building and Trades Advisory Committee).
SOURCE: ; (12)HE1002.1.196. -->
SECTION 196. [EFFECTIVE UPON PASSAGE] (a) For purposes
of this SECTION, "corporation" means the Indiana health
informatics corporation established under IC 5-31 before its repeal
by this act.
(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.
SOURCE: ; (12)HE1002.1.197. -->
SECTION 197. [EFFECTIVE JULY 1, 2012] (a) For purposes of
this SECTION, "commission" refers to the civil rights commission
created by IC 22-9-1-4.
(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.
SOURCE: ; (12)HE1002.1.198. -->
SECTION 198. [EFFECTIVE JULY 1, 2012] (a) Any member of
the commission on the social status of black males under
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.
SOURCE: ; (12)HE1002.1.199. -->
SECTION 199.
An emergency is declared for this act.
HEA 1002 _ Concur
Figure
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