Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 13-27.5-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) The board
twelve (12) thirteen (13) members.
(b) The commissioner and the president of the Indiana economic development council established under IC 4-3-14 shall serve as ex officio nonvoting members of the board. The commissioner or the president may in writing designate a technical representative to serve as a nonvoting member of the board when the commissioner or the president is absent from a meeting of the board.
(c) The governor shall appoint
ten (10) eleven (11) members of the
board as follows:
(1) Two (2) representatives of public or private universities in Indiana, one (1) of whom must have expertise in occupational health and the workplace environment.
(2) Three (3) representatives of manufacturers, including one (1) representative of small manufacturers.
(3) One (1) representative of a statewide environmental organization.
(4) One (1) representative of organized labor.
(5) One (1) representative of the public.
(6) One (1) representative of county government.
(7) One (1) representative of municipal government.
SECTION, "council" refers to the environmental quality service
council established by subsection (c).
(b) As used in this SECTION, "department" refers to the department of environmental management.
(c) The environmental quality service council is established.
(d) The council consists of seventeen (17) voting members and one (1) nonvoting member as follows:
(1) Four (4) members of the senate, not more than two (2) of whom may be affiliated with the same political party, to be appointed by the president pro tempore of the senate.
(2) Four (4) members of the house of representatives, not more than two (2) of whom may be affiliated with the same political party, to be appointed by the speaker of the house of representatives.
(3) The :
(A) commissioner of the department; or
(B) commissioner's designee;
who serves as a nonvoting member.
(4) Nine (9) individuals who are not members of the general assembly and who are appointed by the governor as follows:
(A) Two (2) individuals representing business and industry, not more than one (1) of whom may be affiliated with the same political party.
(B) Two (2) individuals representing local government, one (1) of whom may be a solid waste management district director and not more than one (1) of whom may be affiliated with the same political party.
(C) Two (2) individuals representing environmental interests, one (1) of whom may be a solid waste management district director and not more than one (1) of whom may be affiliated with the same political party.
(D) One (1) individual representing the general public.
(E) Two (2) individuals representing the following interests:
(i) One (1) representative of semipublic permittees.
(ii) One (1) representative of agriculture.
Until an appointment is made under clause (A), (B), (C), (D), or (E), an unfilled position shall be held by the corresponding member of the environmental quality service council serving on December 31, 2000, who was appointed under P.L.248-1996, SECTION 1(d)(4) to represent the same interest as must be represented by the person appointed to the
(e) Appointments are valid for two (2) years after the date of the appointment. However, a member shall serve on the council until a new appointment is made.
(f) If a vacancy occurs among the members of the council, the appointing authority of the member whose position is vacant shall fill the vacancy by appointment. If the appointing authority does not fill a vacancy within sixty (60) days after the date the vacancy occurs, the vacancy shall be filled by appointment by the chairman of the legislative council.
(g) The chairman of the legislative council shall designate a member of the council to be the chairman of the council.
(h) The chairman of the council shall call for the council to meet at least one (1) time during a calendar year. The chairman may designate subcommittees to meet between committee meetings and report back to the full council.
(i) Each member of the council is entitled to receive the same per diem, mileage, and travel allowances paid to individuals who serve as legislative and lay members, respectively, on interim study committees established by the legislative council.
(j) The council shall do the following:
(1) Study issues designated by the legislative council.
(2) Advise the commissioner of the department on policy issues decided upon by the council.
(3) Review the mission and goals of the department and evaluate the implementation of the mission.
(4) Serve as a council of the general assembly to evaluate:
(A) resources and structural capabilities of the department to meet the department's priorities; and
(B) program requirements and resource requirements for the department.
(5) Serve as a forum for citizens, the regulated community, and legislators to discuss broad policy directions.
(6) Submit a final report to the legislative council that contains at least the following:
(A) An outline of activities of the council.
(B) Recommendations for any department action.
(C) Recommendations for any legislative action.
(k) The commissioner of the department shall report to the council each month concerning the following:
(1) Permitting programs and technical assistance.
(2) Proposed rules and rulemaking in progress.