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
consists of 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
unfilled position.
(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.