Bill Text: IN SB0159 | 2011 | Regular Session | Amended
Bill Title: Streamlined environmental rule making procedures.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2011-05-18 - Effective 04/28/2011 [SB0159 Detail]
Download: Indiana-2011-SB0159-Amended.html
Citations Affected: IC 13-14.
Synopsis: Streamlined environmental rule making procedures.
Provides that, if the commissioner of the department of environmental
management determines that a proposed rule constitutes an adoption
or incorporation by reference of a federal law, regulation, or rule: (1)
the proposed rule may not be adopted if after the commissioner's
determination the federal law, regulation, or rule on which the
proposed rule is based is repealed, is invalidated by judicial, legislative,
or regulatory action, or has its enforcement stayed; and (2) the
commissioner may not enforce the adopted rule if after the adoption the
federal law, regulation, or rule on which the proposed rule is based is
repealed, is invalidated by judicial, legislative, or regulatory action, or
has its enforcement stayed. Specifies how legislative, administrative,
or judicial action related to a federal law, rule, or regulation affects a
state rule based on the federal law, rule, or regulation.
Establishes that a state rule be affected by that specific part of the
invalidated law or regulation. Provides that the state or federal court
affecting a rule adopted by the department has jurisdiction over Indiana
laws and regulations.
Effective: Upon passage.
January 5, 2011, read first time and referred to Committee on Energy and Environmental
Affairs.
February 8, 2011, amended, reported favorably _ Do Pass.
February 14, 2011, read second time, amended, ordered engrossed.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
(1) the proposed rule constitutes:
(A) an adoption or incorporation by reference of a federal law, regulation, or rule that:
(i) is or will be applicable to Indiana; and
(ii) contains no amendments that have a substantive effect on the scope or intended application of the federal law or rule;
(B) a technical amendment with no substantive effect on an existing Indiana rule; or
(C) a substantive amendment to an existing Indiana rule, the
primary and intended purpose of which is to clarify the
existing rule; and
(2) the proposed rule is of such nature and scope that there is no
reasonably anticipated benefit to the environment or the persons
referred to in section 7(a)(2) of this chapter from the following:
(A) Exposing the proposed rule to diverse public comment
under section 3 or 4 of this chapter.
(B) Affording interested or affected parties the opportunity to
be heard under section 3 or 4 of this chapter.
(C) Affording interested or affected parties the opportunity to
develop evidence in the record collected under sections 3 and
4 of this chapter.
(b) If the commissioner makes a determination under subsection (a),
the commissioner shall prepare written findings under this section. The
full text of the commissioner's written findings shall be included in:
(1) the notice of adoption of the proposed rule; and
(2) the written materials to be considered by the board at the
public hearing held under this section.
(c) The notice of adoption of a proposed rule under this section
must:
(1) be published in the Indiana Register; and
(2) include the following:
(A) Draft rule language that includes the language described
in subsection (a)(1).
(B) A written comment period of at least thirty (30) days.
(C) A notice of public hearing before the appropriate board.
(d) The department shall include the following in the written
materials to be considered by the board at the public hearing referred
to in subsection (c):
(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 (c).
(3) The commissioner's findings under subsection (b).
(e) At the public hearing referred to in subsection (c), the board
may:
(1) adopt the proposed rule;
(2) reject the proposed rule;
(3) determine that additional public comment is necessary; or
(4) determine to reconsider the proposed rule at a subsequent
board meeting.
(f) If the board determines under subsection (e) that additional
public comment is necessary, the department shall publish a second
notice in accordance with section 4 of this chapter and complete the
rulemaking in accordance with this chapter.
(g) This subsection applies to part of a rule adopted under this
section that directly corresponds to and is based on a federal law,
rule, or regulation that is stayed or repealed, invalidated, vacated,
or otherwise nullified by a legislative, an administrative, or a
judicial action described in subdivision (1), (2), or (3). If:
(1) a proposed rule is adopted by a board under subsection
(e)(1) based on a determination by the commissioner under
subsection (a)(1)(A) and the federal law, rule, or regulation on
which the adopted rule is based is later repealed or otherwise
nullified by legislative or administrative action, the adopted
rule is void as of the effective date of the legislative or
administrative action repealing or otherwise nullifying the
federal law, rule, or regulation;
(2) a board adopts a proposed rule under subsection (e)(1)
that is based on a determination by the commissioner under
subsection (a)(1)(A) and the federal law, rule, or regulation on
which the adopted rule is based is later invalidated, vacated,
or otherwise nullified by a judicial decree, order, or judgment
of a state or federal court with jurisdiction in Indiana:
(A) the rule shall not be enforced by the commissioner or
any other person during the time in which an appeal of the
judicial decree, order, or judgment can be commenced or
is pending; and
(B) the:
(i) adopted rule is void as of the date that the judicial
decree, order, or judgment becomes final and
unappealable; and
(ii) enforcement of the adopted rule is restored if the
judicial decree, order, or judgment is reversed, vacated,
or otherwise nullified on appeal; and
(3) the federal law, regulation, or rule that is the basis of a
rule that is adopted under subsection (e)(1) and based on a
determination by the commissioner under subsection (a)(1)(A)
is stayed by an administrative or a judicial order pending an
administrative or a judicial action regarding the validity of
the federal law, rule, or regulation, the commissioner may
suspend the enforcement of the adopted rule while the stay is
in force.
