Bill Text: IN SB0159 | 2011 | Regular Session | Enrolled
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-Enrolled.html
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
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)
(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 that 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, then that part
of the adopted rule that corresponds to the repealed or
nullified federal law, rule, or regulation 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 whose decisions concerning such
matters have force and effect in Indiana:
(A) then that part of the rule that corresponds to the
invalidated, vacated, or otherwise nullified federal law,
rule, or regulation 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) either:
(i) that part of the adopted rule that corresponds to the
invalidated, vacated, or otherwise nullified federal law,
rule, or regulation is void as of the date that the judicial
decree, order, or judgment becomes final and
unappealable; or
(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 that part of the adopted rule that
corresponds to the stayed federal law, rule, or regulation
while the stay is in force.
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