Introduced Version
HOUSE BILL No. 1127
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 13-14-12-1; IC 13-20; IC 13-30.
Synopsis: Environmental litigation expenses compensation. Allows
individuals who bring actions in court against the department of
environmental management (department) to receive compensation for
attorney's fees incurred in bringing the actions. Establishes the
litigation expenses reimbursement fund (fund) to award compensation
for the attorney's fees. Provides that: (1) environmental civil penalties;
and (2) 10% of the money that the department would otherwise revert
to the state general fund at the end of the state fiscal year; are deposited
in the fund. Establishes the litigation expenses reimbursement review
board to: (1) review applications for compensation; and (2) award
compensation from the fund.
Effective: July 1, 2011.
Fry C
January 6, 2011, read first time and referred to Committee on Environmental Affairs.
Introduced
First Regular Session 117th General Assembly (2011)
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HOUSE BILL No. 1127
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 13-14-12-1; (11)IN1127.1.1. -->
SECTION 1. IC 13-14-12-1, AS AMENDED BY P.L.170-2006,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 1. (a) The officials collecting the following shall
remit the money to the treasurer of state:
(1) Money collected under the following:
(A) IC 13-30-4-1.
(B) IC 13-30-4-2.
(C) IC 13-30-5-1.
(2) Fees collected under IC 13-16-1-2 through IC 13-16-1-5.
(b) Except as provided in subsection (c), The treasurer of state shall
credit the money to the environmental management special fund.
(c) With respect to the money collected under subsection (a)(1)(A)
and (a)(1)(B):
(1) the commissioner may direct the treasurer of state to credit all
or a part of the money to the solid waste management fund
established by IC 13-20-22-2; and
(2) the treasurer of state shall:
(A) credit money as directed by the commissioner under
subdivision (1); and
(B) credit to the environmental management special fund only
money that is not credited under subdivision (1).
SOURCE: IC 13-20-13-8; (11)IN1127.1.2. -->
SECTION 2. IC 13-20-13-8, AS AMENDED BY P.L.204-2007,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 8. (a) Except as provided in subsection (d)(2),
(d)(3),
and (d)(6),
and (d)(7), the waste tire management fund is
established for the following purposes:
(1) The department may use not more than thirty-five percent
(35%) of the money deposited in the fund each year for:
(A) the removal and disposal of waste tires from sites where
the waste tires have been disposed of improperly; and
(B) operating the waste tire education program under section
15 of this chapter.
(2) The department may use the remaining money deposited in
the fund each year to:
(A) provide grants and loans under section 9(b) of this chapter
to entities involved in waste tire management activities; and
(B) pay the expenses of administering the programs described
in:
(i) subdivision (1)(B); and
(ii) clause (A).
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
(d) Sources of money for the fund are the following:
(1) Fees paid under section 4(a)(6) of this chapter and
IC 13-20-14-5(e).
(2) Fees collected under section 7 of this chapter. All money
deposited in the fund under this subdivision may be used by the
department for waste reduction, recycling, removal, or
remediation projects.
(3) Costs and damages recovered from a person or other entity
under section 14 of this chapter or IC 13-20-14-8. All money
deposited in the fund under this subdivision may be used by the
department for removal and remediation projects.
(4) Fees established by the general assembly for the purposes of
this chapter.
(5) Appropriations made by the general assembly.
(6) Gifts and donations intended for deposit in the fund. A gift or
donation deposited in the fund under this subdivision may be
specified to be entirely for the use of the department.
(7) Civil penalties collected under IC 13-30-4 for violations of:
(A) this chapter;
(B) IC 13-20-14; and
(C) rules adopted under section 11 of this chapter and
IC 13-20-14-6.
All money deposited in the fund under this subdivision may be
used by the department for eligible projects.
SOURCE: IC 13-20-22-2; (11)IN1127.1.3. -->
SECTION 3. IC 13-20-22-2, AS AMENDED BY P.L.137-2007,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 2. (a) The state solid waste management fund is
established to provide money for the following:
(1) Programs that provide grants and loans that provide education
and promote the following:
(A) Recycling and the use of recycled materials.
(B) Waste reduction.
(C) Management of yard waste.
(2) Providing grants to implement household hazardous waste
source reduction or recycling projects.
(3) Providing grants for household hazardous waste and
conditionally exempting small quantity generator waste
collection, recycling, or disposal projects under IC 13-20-20.
(4) Payments by the department under IC 13-20-17.7-6.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) The sources of money for the fund are the following:
(1) All fees deposited into the fund under section 12(2) of this
chapter.
(2) Accrued interest and other investment earnings of the fund.
(3) Appropriations made by the general assembly.
(4) Gifts and donations from any person to the fund.
(5)
Civil penalties imposed under IC 13-30-4 for violations of
IC 13-20-17.7 and Proceeds received following a criminal
conviction in connection with a violation of IC 13-20-17.7.
(6) Subject to subsection (f), assets assigned and other
contributions made by persons.
(7) Transfers from the Indiana recycling promotion and assistance
fund under IC 4-23-5.5-14(i).
(8) Money credited to the fund from the environmental
management special fund under IC 13-14-12-1(c).
(d) 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 money may be invested.
(e) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
(f) Money in the fund resulting from assets assigned and other
contributions made under subsection (c)(6) may be used only by the
department of environmental management to make payments under
IC 13-20-17.7-6.
SOURCE: IC 13-30-4-5; (11)IN1127.1.4. -->
SECTION 4. IC 13-30-4-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 5. Civil penalties collected under this chapter shall be
deposited in the litigation expenses reimbursement fund
established by IC 13-30-11-6.
SOURCE: IC 13-30-11; (11)IN1127.1.5. -->
SECTION 5. IC 13-30-11 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
Chapter 11. Compensation for Litigation Expenses
Sec. 1. As used in this chapter, "board" refers to the litigation
expenses reimbursement review board established by section 4 of
this chapter.
Sec. 2. As used in this chapter, "fund" refers to the litigation
expenses reimbursement fund established by section 6 of this
chapter.
Sec. 3. (a) An individual who brings an action in court against
the department may apply to the board to receive compensation
under this chapter for attorney's fees incurred by the individual in
bringing the action.
(b) An individual may not apply to the board under subsection
(a) to receive compensation for attorney's fees until the individual
files a complaint or another equivalent pleading or document with
a court.
(c) A for-profit corporation, partnership, or other for-profit
business entity that brings an action against the department may
not apply under subsection (a) to receive compensation for
attorney's fees.
Sec. 4. (a) The litigation expenses reimbursement review board
is established.
(b) The board consists of four (4) members appointed as follows:
(1) One (1) member appointed by the president pro tempore
of the senate.
(2) One (1) member appointed by the minority leader of the
senate.
(3) One (1) member appointed by the speaker of the house of
representatives.
(4) One (1) member appointed by the minority leader of the
house of representatives.
(c) A person appointed to the board must:
(1) have a background or expertise in environmental matters;
and
(2) represent nonprofit associations.
(d) The term of a member of the board is four (4) years.
(e) A member of the board is not entitled to the minimum salary
per diem provided by IC 4-10-11-2.1(b). Each member is, however,
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.
Sec. 5. The board shall do the following:
(1) Establish procedures and criteria to govern:
(A) applications submitted to the board under this chapter;
(B) the board's review of the applications; and
(C) awarding compensation from the fund to applicants.
(2) Review applications submitted to the board under section
3(a) of this chapter.
(3) Award compensation from the fund for attorney's fees
incurred by individuals who bring actions in court against the
department.
Sec. 6. (a) The litigation expenses reimbursement fund is
established for the purpose of awarding compensation for
attorney's fees incurred by individuals who bring actions in court
against the department.
(b) The fund shall be administered by the board.
(c) The expenses of administering the fund shall be paid by the
department.
(d) The fund consists of the following:
(1) Civil penalties collected under IC 13-30-4.
(2) Money transferred to the fund under section 7 of this
chapter.
(3) Appropriations made by the general assembly.
(4) Interest as provided in subsection (e).
(5) Gifts and donations made to the fund.
(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. Interest that
accrues from these investments shall be deposited in the fund.
(f) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
Sec. 7. An amount equal to ten percent (10%) of the money that:
(1) is appropriated to the department for a particular state
fiscal year; and
(2) would otherwise revert to the state general fund at the end
of the state fiscal year;
does not revert to the state general fund and instead shall be
transferred to the fund.