Bill Text: IN SB0159 | 2011 | Regular Session | Introduced
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-Introduced.html
Citations Affected: IC 13-14-9-8.
Synopsis: Air pollution tailoring rules. 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proposed rule is based is repealed, is invalidated by judicial, legislative,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repealed, is invalidated by judicial, legislative, or regulatory action, or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.
Effective: Upon passage.
January 5, 2011, read first time and referred to Committee on Energy and Environmental
Affairs.
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) except as provided in subsection (g), 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) The board may not adopt a proposed rule under subsection (e)(1) if:
(1) the commissioner makes a determination with respect to a proposed rule under subsection (a)(1)(A); and
(2) after that determination is made, the federal law, regulation, or rule on which the proposed rule is based:
(A) is repealed;
(B) is invalidated by judicial, legislative, or regulatory action; or
(C) has its enforcement stayed.
(h) If:
(1) the commissioner makes a determination with respect to a proposed rule under subsection (a)(1)(A);
(2) the board adopts the proposed rule under subsection (e)(1); and
(3) after the adoption described in subdivision (2), the federal law, regulation, or rule on which the proposed rule is based:
(A) is repealed;
(B) is invalidated by judicial, legislative, or regulatory action; or
(C) has its enforcement stayed;
the commissioner may not enforce the adopted rule.
