HB 1901-1_ Filed 03/27/2001, 09:45

COMMITTEE REPORT

MR. PRESIDENT:

    The Senate Committee on Environmental Affairs, to which was referred House Bill No. 1901, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 1, line 1; (01)CR190101.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 13-11-2-7.5; (01)CR190101.1. -->     "SECTION 1. IC 13-11-2-7.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7.5. "Antique", for purposes of IC 13-20-17.5 , refers to a product manufactured before 1980.
SOURCE: IC 13-11-2-58; (01)CR190101.2. -->     SECTION 2. IC 13-11-2-58 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 58. (a) "District", for purposes of IC 13-20-17.5 , IC 13-20-20 , IC 13-21, and IC 13-20-22 , refers to:
        (1) a county solid waste management district; or
        (2) a joint solid waste management district;
established under IC 13-21-3-1 or IC 13-9.5-2-1 (before its repeal).
    (b) "District", for purposes of IC 13-26, refers to a regional water, sewage, or solid waste district established under:
        (1) IC 13-26;
        (2) IC 13-3-2 (before its repeal on July 1, 1996); or
        (3) IC 19-3-1.1 (before its repeal on April 1, 1980).".
SOURCE: Page 2, line 11; (01)CR190101.2. -->     Page 2, line 11, delete "IC 13-11-2-128.5" and insert "IC 13-11-2-128.3".


    Page 2, line 13, delete "Sec. 128.5." and insert " Sec. 128.3.".
    Page 2, between lines 28 and 29, begin a new paragraph and insert:
SOURCE: IC 13-11-2-128.5; (01)CR190101.6. -->     "SECTION 6. IC 13-11-2-128.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 128.5. (a) "Mercury-added product", for purposes of this chapter and IC 13-20-17.5 , means:
        (1) a product that contains:
            (A) elemental mercury;
            (B) metallic mercury in an alloy;
            (C) inorganic mercury salt; or
            (D) organic mercury;
        intentionally added by the manufacturer in order to provide a specific characteristic, appearance, or quality to the product or to perform a specific beneficial function for the product; or
        (2) a product with a component that meets the criteria of subdivision (1).

     (b) "Mercury-added product" does not include:
        (1) a product in which mercury is a residue from the intentional use of mercury in the manufacturing process, if the mercury residue does not:
            (A) provide a specific characteristic, appearance, or quality to the product; or
            (B) perform a specific beneficial function for the product; or
        (2) a mercury commodity.

SOURCE: IC 13-11-2-128.6; (01)CR190101.7. -->     SECTION 7. IC 13-11-2-128.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 128.6. "Mercury commodity", for purposes of this chapter and IC 13-20-17.5 , means a product that consists of only mercury and its container (such as a container of mercury that is opened and from which mercury is put into a mercury-added product) if the mercury is not performing a specific beneficial function for the product.".
SOURCE: Page 2, line 37; (01)CR190101.2. -->     Page 2, line 37, delete "13-11-2-142.5" and insert " 13-11-2-142.6".
    Page 2, line 39, delete "142.5." and insert " 142.6.".
    Page 4, between lines 8 and 9, begin a new paragraph and insert:
SOURCE: IC 13-11-2-180; (01)CR190101.12. -->     "SECTION 12. IC 13-11-2-180 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 180. "Recycling", for

purposes of IC 13-20-17.5 and IC 13-21, means a process by which materials that would otherwise become solid waste are:
        (1) collected;
        (2) separated or processed; and
        (3) converted into materials or products for reuse or sale.
SOURCE: IC 13-11-2-242; (01)CR190101.13. -->     SECTION 13. IC 13-11-2-242 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 242. "Unit", for purposes of:
        (1) section 148(c) of this chapter;
         (2) IC 13-20-17.5 ;
        (2) (3) IC 13-20-20 ; and
        (3) (4) IC 13-23;
has the meaning set forth in IC 36-1-2-23.".
SOURCE: Page 4, line 25; (01)CR190101.4. -->     Page 4, line 25, delete "or a product intended mainly for personal or".
    Page 4, line 26, delete "household enjoyment or adornment".
    Page 4, line 27, delete "product" and insert " novelty".
    Page 4, line 27, after "battery" insert " to function".
    Page 4, line 28, delete "product" and insert " novelty".
    Page 4, line 31, delete ":" and insert " final sale; or".
    Page 4, delete lines 32 and 33.
    Page 4, delete lines 37 through 40.
    Page 4, line 42, after "or" insert " to".
    Page 5, line 5, delete "After" and insert " Except as provided in subsection (c), after".
    Page 5, line 6, after "if" insert " :".
    Page 5, line 6, delete "the individual has a", begin a new line block indented and insert:
        " (1) the person is a pharmacist or a pharmacist's assistant working at a pharmacy; and
        (2) the thermometers are stored in such a manner that the pharmacist or the pharmacist's assistant must obtain the thermometer for the individual.
    (c) A licensed practitioner of medicine may sell or supply a mercury fever thermometer to an individual.
".
    Page 5, delete lines 7 through 13.
    Page 5, line 17, delete "elemental mercury" and insert " a mercury commodity".


    Page 5, line 23, delete "elemental mercury" and insert " a mercury commodity".
    Page 5, line 23, after "state" insert " (other than for collection for recycling)".
    Page 5, line 24, delete "elemental mercury" and insert " mercury commodity".
    Page 5, line 25, delete "elemental" and insert " mercury commodity;".
    Page 5, line 26, delete "mercury;".
    Page 5, line 27, delete "elemental mercury" and insert " mercury commodity".
    Page 5, line 28, after "statement" insert " with respect to the mercury in the mercury commodity".
    Page 5, between lines 32 and 33, begin a new line triple block indented and insert:
                " (iii) for training;".
    Page 5, line 33, delete "(iii)" and insert " (iv)".
    Page 5, line 34, delete "(iv)" and insert " (v)".
    Page 5, line 37, after "mercury" insert " under normal conditions of use".
    Page 5, line 38, after "not" insert " intentionally".
    Page 5, line 42, after "mercury" insert " commodity".
    Page 6, delete lines 2 through 15.
    Page 6, line 16, delete "Sec. 6." and insert " Sec. 5. (a).".
    Page 6, line 16, after "department" insert " , and districts in cooperation and with the support of the department,".
    Page 6, line 16, delete "an".
    Page 6, line 16, delete "program" and insert " programs".
    Page 6, line 17, after "concerning" insert " :".
    Page 6, line 17, delete "collection", begin a new line block indented and insert:
        " (1) the reuse and recycling of mercury in:
            (A) mercury commodities; and
            (B) mercury-added products; and
        (2) collection programs available to the public for:
            (A) mercury commodities; and
            (B) mercury-added products.

     (b) Units, in cooperation and with the support of the

department, may implement education programs to provide information to the public concerning:
         (1) the reuse and recycling of mercury in:
            (A) mercury commodities; and
            (B) mercury-added products; and
        (2) collection programs available to the public for:
            (A) mercury commodities; and
            (B) mercury-added products.
".
    Page 6, delete lines 18 through 19.
    Page 6, between lines 19 and 20, begin a new paragraph and insert:
    " Sec. 6. (a) Districts shall implement mercury collection programs for the public and small businesses.
     (b) Units may implement mercury collection programs for the public and small businesses.
SOURCE: IC 13-21-3-12; (01)CR190101.16. -->     SECTION 16. IC 13-21-3-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 12. Except as provided in section 14.5 of this chapter, the powers of a district include the following:
        (1) The power to develop and implement a district solid waste management plan under IC 13-21-5.
        (2) The power to impose district fees on the final disposal of solid waste within the district under IC 13-21-13.
        (3) The power to receive and disburse money, if the primary purpose of activities undertaken under this subdivision is to carry out the provisions of this article.
        (4) The power to sue and be sued.
        (5) The power to plan, design, construct, finance, manage, own, lease, operate, and maintain facilities for solid waste management.
        (6) The power to enter with any person into a contract or an agreement that is necessary or incidental to the management of solid waste. Contracts or agreements that may be entered into under this subdivision include those for the following:
            (A) The design, construction, operation, financing, ownership, or maintenance of facilities by the district or any other person.
            (B) The managing or disposal of solid waste.
            (C) The sale or other disposition of materials or products generated by a facility.


        Notwithstanding any other statute, the maximum term of a contract or an agreement described in this subdivision may not exceed forty (40) years.
        (7) The power to enter into agreements for the leasing of facilities in accordance with IC 36-1-10 or IC 36-9-30.
        (8) The power to purchase, lease, or otherwise acquire real or personal property for the management or disposal of solid waste.
        (9) The power to sell or lease any facility or part of a facility to any person.
        (10) The power to make and contract for plans, surveys, studies, and investigations necessary for the management or disposal of solid waste.
        (11) The power to enter upon property to make surveys, soundings, borings, and examinations.
        (12) The power to:
            (A) accept gifts, grants, loans of money, other property, or services from any source, public or private; and
            (B) comply with the terms of the gift, grant, or loan.
        (13) The power to levy a tax within the district to pay costs of operation in connection with solid waste management, subject to the following:
            (A) Regular budget and tax levy procedures.
            (B) Section 16 of this chapter.
        However, except as provided in section 15 of this chapter, a property tax rate imposed under this article may not exceed eight and thirty-three hundredths cents ($0.0833) on each one hundred dollars ($100) of assessed valuation of property in the district.
        (14) The power to borrow in anticipation of taxes.
        (15) The power to hire the personnel necessary for the management or disposal of solid waste in accordance with an approved budget and to contract for professional services.
        (16) The power to otherwise do all things necessary for the:
            (A) reduction, management, and disposal of solid waste; and
            (B) recovery of waste products from the solid waste stream;
        if the primary purpose of activities undertaken under this subdivision is to carry out the provisions of this article.
        (17) The power to adopt resolutions that have the force of law. However, a resolution is not effective in a municipality unless the

municipality adopts the language of the resolution by ordinance or resolution.
        (18) The power to do the following:
            (A) Implement a household hazardous waste and conditionally exempt small quantity generator (as described in 40 CFR 261.5(a)) collection and disposal project.
            (B) Apply for a household hazardous waste collection and disposal project grant under IC 13-20-20 and carry out all commitments contained in a grant application.
            (C) Establish and maintain a program of self-insurance for a household hazardous waste and conditionally exempt small quantity generator (as described in 40 CFR 261.5(a)) collection and disposal project, so that at the end of the district's fiscal year the unused and unencumbered balance of appropriated money reverts to the district's general fund only if the district's board specifically provides by resolution to discontinue the self-insurance fund.
            (D) Apply for a household hazardous waste project grant as described in IC 13-20-22-2 and carry out all commitments contained in a grant application.
        (19) The power to enter into an interlocal cooperation agreement under IC 36-1-7 to obtain:
            (A) fiscal;
            (B) administrative;
            (C) managerial; or
            (D) operational;
        services from a county or municipality.
        (20) The power to compensate advisory committee members for attending meetings at a rate determined by the board.
        (21) The power to reimburse board and advisory committee members for travel and related expenses at a rate determined by the board.
        (22) In a joint district, the power to pay a fee from district money to the counties in the district in which a final disposal facility is located.
        (23) The power to make grants or loans of:
            (A) money;
            (B) property; or


            (C) services;
        to public or private recycling programs, composting programs, or any other programs that reuse any component of the waste stream as a material component of another product, if the primary purpose of activities undertaken under this subdivision is to carry out the provisions of this article.
        (24) The power to establish by resolution a nonreverting capital fund. A district's board may appropriate money in the fund for:
            (A) equipping;
            (B) expanding;
            (C) modifying; or
            (D) remodeling;
        an existing facility. Expenditures from a capital fund established under this subdivision must further the goals and objectives contained in a district's solid waste management plan. Not more than five percent (5%) of the district's total annual budget for the year may be transferred to the capital fund that year. The balance in the capital fund may not exceed twenty-five percent (25%) of the district's total annual budget. If a district's board determines by resolution that a part of a capital fund will not be needed to further the goals and objectives contained in the district's solid waste management plan, that part of the capital fund may be transferred to the district's general fund, to be used to offset tipping fees, property tax revenues, or both tipping fees and property tax revenues.
        (25) The power to conduct promotional or educational programs that include giving awards and incentives that further the district's solid waste management plan.
         (26) The power to conduct educational programs under IC 13-20-17.5 to provide information to the public concerning:
            (A) the reuse and recycling of mercury in:
                (i) mercury commodities; and
                (ii) mercury-added products; and
            (B) collection programs available to the public for:
                (i) mercury commodities; and
                (ii) mercury-added products.
        (27) The power to implement mercury collection programs

under IC 13-20-17.5 for the public and small businesses.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1901 as reprinted February 28, 2001.)

and when so amended that said bill do pass.

Committee Vote: Yeas 7, Nays 0.

____________________________________

    Gard
Chairperson


CR190101/DI 52    2001