Reprinted

April 11, 2003





ENGROSSED

HOUSE BILL No. 1439

_____


DIGEST OF HB 1439 (Updated April 10, 2003 3:37 PM - DI 52)



Citations Affected: IC 13-11; IC 13-17.

Synopsis: Air emissions. Defines emission data for purposes of department of environmental management information disclosure requirements and the periodic vehicle inspection program. Permits the air pollution control board (APCB) to adopt rules effective after December 31, 2006 to eliminate the requirement that motor vehicles undergo periodic inspection. Permits the county executive, after consideration of alternatives, to approve the elimination by resolution, and requires the APCB to consider the resolution in its determination whether to eliminate inspections. Permits the APCB to consider emission data in making the determination. Voids the current rule to the extent that it requires inspections.

Effective: January 1, 2003 (retroactive); July 1, 2003.





Bottorff, Cochran , Oxley
(SENATE SPONSORS _ GARD, SIPES)




    January 14, 2003, read first time and referred to Committee on Environmental Affairs.
    February 13, 2003, amended, reported _ Do Pass. Recommitted to Committee on Ways and Means.
    February 27, 2003, amended, reported _ Do Pass.
    March 3, 2003, read second time, ordered engrossed. Engrossed.
    March 4, 2003, read third time, passed. Yeas 89, nays 8.

SENATE ACTION

    March 13, 2003, read first time and referred to Committee on Environmental Affairs.
    April 7, 2003, amended, reported favorably _ Do Pass.
    April 10, 2003, read second time, amended, ordered engrossed.





Reprinted

April 11, 2003

First Regular Session 113th General Assembly (2003)


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 this style type.
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 this style type reconciles conflicts between statutes enacted by the 2002 Regular or Special Session of the General Assembly.


ENGROSSED

HOUSE BILL No. 1439



    A BILL FOR AN ACT to amend the Indiana Code concerning environmental law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 13-11-2-66.3; (03)EH1439.2.1. -->     SECTION 1. IC 13-11-2-66.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003 (RETROACTIVE)]: Sec. 66.3. " Emission data", for purposes of IC 13-14-11 and IC 13-17-5, means any of the following:
        (1) The identity, amount, frequency, concentration, or other characteristics             (related to air quality) of any contaminant that:
            (A) has been emitted from; or
            (B) results from any emission by;
        an emission unit authorized to emit under an applicable standard or limitation.
        (2) The name, address, or other description of the location and the nature of the emission unit necessary to identify the emission unit, including a description of the device, equipment, or operation constituting the emission unit.
        (3) Information necessary to:
            (A) determine a permit condition that assures compliance with an applicable requirement; or
            (B) determine or calculate an enforceable emission limitation, including:
                (i) rate of operation;
                (ii) rate of production;
                (iii) rate of raw material usage;
                (iv) material balance; or
                (v) equipment capacity;
        if the information is contained in a permit or the technical support document to ensure that the permit is practically enforceable under state or federal law.

SOURCE: IC 13-11-2-130.5; (03)EH1439.2.2. -->     SECTION 2. IC 13-11-2-130.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 130.5. "Periodic vehicle inspection program", for purposes of IC 13-17-5, means a program requiring a motor vehicle registered in a county to undergo a periodic test of emission characteristics and be repaired and retested, if the motor vehicle fails the emissions test. The term includes entering into and managing contracts for inspection stations.
SOURCE: IC 13-17-5-9; (03)EH1439.2.3. -->     SECTION 3. IC 13-17-5-9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 9. (a) The board may adopt a rule whose effective date is after December 31, 2006, under air pollution control laws that eliminates the requirement that motor vehicles undergo a periodic test of emission characteristics in any county.
    (b) If the board adopts a rule under subsection (a) eliminating the periodic vehicle inspection program in a county referred to in subsection (a), starting on the effective date of the rule 326  IAC 13-1.1 is void to the extent it applies to that county.
    (c) Before December 31, 2006, the board shall adopt a rule under air pollution control laws that allows the board to make a determination whether the executive for each county referred to in subsection (a) has considered and approved, through the adoption of a resolution, the elimination of a periodic vehicle inspection program. The county executive must consider the alternative measures to be implemented locally necessary to meet the requirements of the federal Clean Air Act (42 U.S.C. 7401 et seq.) as amended by the Clean Air Act amendments of 1990 (P.L. 101-549), including:
        (1) emission off-sets that may result in construction bans for

new and                 modified major sources; and
        (2) federal highway funding sanctions that may result in a loss of federal highway funds for state and local highway projects.

    (d) The county executive must:
        (1) indicate in the resolution referred to in subsection (c):
            (A) which alternative measures were considered; and
            (B) which alternative measures were preferred to periodic vehicle inspection; and
        (2) forward a copy of the resolution referred to in subsection (c) to the board.
    (e) Upon receiving a resolution under subsection (d), the board:
        (1) shall consider the resolution; and
        (2) may consider emission data for the county;
in its determination whether to adopt a rule under subsection (a) to eliminate the periodic vehicle inspection program in the county.

SOURCE: ; (03)EH1439.2.4. -->     SECTION 4. An emergency is declared for this act.


EH 1439_LS 6562/DI 52

Figure

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