SB 298-1_ Filed 03/21/2005, 11:49
Your Committee on Government and Regulatory Reform , to which was referred
Senate Bill 298 , has had the same under consideration and begs leave to report the same
back to the House with the recommendation that said bill be amended as follows:
SOURCE: Page 1, line 1; (05)CR029801.1. -->
Page 1, line 1, after "IC 4-22-2-28" insert ", AS AMENDED BY
P.L.4-2005, SECTION 20,".
Page 1, line 6, delete "council" and insert "corporation".
Page 1, line 10, delete "council" and insert "corporation".
Page 1, line 11, delete "council's" and insert "corporation's".
Page 3, between lines 24 and 25, begin a new paragraph and insert:
SOURCE: IC 4-22-2-28.1; (05)CR029801.2. -->
"SECTION 2. IC 4-22-2-28.1 IS ADDED TO THE INDIANA
CODE AS A NEW
SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 28.1. (a) This section applies to a
rule for which the notice required by section 23 of this chapter is
published by an agency after June 30, 2005.
(b) As used in this section, "coordinator" refers to the small
business regulatory coordinator assigned to a rule by an agency
under subsection (e).
(c) As used in this section, "director" refers to the director or
other administrative head of an agency.
(d) As used in this section, "small business" means any person,
firm, corporation, limited liability company, partnership, or
(1) is actively engaged in business in Indiana and maintains its
principal place of business in Indiana;
(2) is independently owned and operated;
(3) employs not more than one hundred (100) full-time
(4) has gross annual receipts of not more than five million
(e) For each:
(1) rulemaking action; and
(2) rule finally adopted as a result of a rulemaking action;
by an agency under this chapter, the agency shall assign one (1)
staff person to serve as the agency's small business regulatory
coordinator with respect to the proposed or adopted rule. The
agency shall assign a staff person to a rule under this subsection
based on the person's knowledge of, or experience with, the subject
matter of the rule. A staff person may serve as the coordinator for
more than one (1) rule proposed or adopted by the agency if the
person is qualified by knowledge or experience with respect to each
rule. Subject to subsection (f), in the case of a proposed rule, the
agency's notice of intent to adopt the rule under section 23 of this
chapter must include the name, address, telephone number, and
electronic mail address of the small business coordinator for the
proposed rule. Subject to subsection (f), in the case of a rule finally
adopted by the agency, the final rule, as published in the Indiana
Register and the Indiana Administrative Code, must include the
name, address, telephone number, and electronic mail address of
(f) This subsection applies to a rule adopted by the department
of environmental management or any of the boards (as defined in
IC 13-11-2-18) under IC 13-14-9. In addition to the information
required under subsection (e), the department or the board shall
include in the notice provided under section 23 of this chapter and
in the publication of the final rule in the Indiana Register and the
Indiana Administrative Code:
(1) a statement of the resources available to regulated entities
through the technical and compliance assistance program
established under IC 13-28-3;
(2) the name, address, telephone number, and electronic mail
address of the ombudsman designated under IC 13-28-3-2;
(3) if applicable, a statement of:
(A) the resources available to small businesses through the
small business stationary source technical assistance
program established under IC 13-28-5; and
(B) the name, address, telephone number, and electronic
mail address of the ombudsman for small business
designated under IC 13-28-5-2(3).
The coordinator assigned to the rule under subsection (e) shall
work with the ombudsman described in subdivision (2) and the
office of voluntary compliance established by IC 13-28-1-1 to
coordinate the provision of services required under subsection (g)
and IC 13-28-3. If applicable, the coordinator assigned to the rule
under subsection (e) shall work with the ombudsman referred to in
subdivision (3)(B) to coordinate the provision of services required
under subsection (g) and IC 13-28-5.
(g) The coordinator assigned to a rule under subsection (e) shall
serve as a liaison between the agency and any small business
subject to regulation under the rule. The coordinator shall provide
guidance to small businesses affected by the rule on the following:
(1) Any requirements imposed by the rule, including any
reporting, record keeping, or accounting requirements.
(2) How the agency determines or measures compliance with
the rule, including any deadlines for action by regulated
(3) Any penalties, sanctions, or fines imposed for
noncompliance with the rule.
(4) Any other concerns of small businesses with respect to the
rule, including the agency's application or enforcement of the
rule in particular situations. However, in the case of a rule
adopted under IC 13-14-9, the coordinator assigned to the rule
may refer a small business with concerns about the
application or enforcement of the rule in a particular situation
to the ombudsman designated under IC 13-28-3-2 or, if
applicable, under IC 13-28-5-2(3).
(h) The coordinator assigned to a rule under subsection (e) shall
provide guidance under this section in response to questions and
concerns expressed by small businesses affected by the rule. The
coordinator may also issue general guidelines or informational
pamphlets to assist small businesses in complying with the rule.
Any guidelines or informational pamphlets issued under this
subsection shall be made available:
(1) for public inspection and copying at the offices of the
agency under IC 5-14-3; and
(2) electronically through electronic gateway access.
(i) The coordinator assigned to a rule under subsection (e) shall
keep a record of all comments, questions, and complaints received
from small businesses with respect to the rule. The coordinator
shall deliver the record, along with any accompanying documents
submitted by small businesses, to the director:
(1) not later than ten (10) days after the date on which the rule
is file stamped by the secretary of state under section 35 of this
(2) before July 15 of each year during which the rule remains
The coordinator and the director shall keep confidential any
information concerning a small business to the extent that the
information is exempt from public disclosure under IC 5-14-3-4.
(j) Not later than November 1 of each year, the director shall:
(1) compile the records received from all of the agency's
coordinators under subsection (i);
(2) prepare a report that sets forth:
(A) the number of comments, complaints, and questions
received by the agency from small businesses during the
most recent state fiscal year, categorized by the subject
matter of the rules involved;
(B) the number of complaints or questions reported under
clause (A) that were resolved to the satisfaction of the
agency and the small businesses involved;
(C) the total number of staff serving as coordinators under
this section during the most recent state fiscal year;
(D) the agency's costs in complying with this section during
the most recent state fiscal year; and
(E) the projected budget required by the agency to comply
with this section during the current state fiscal year; and
(3) deliver the report to the legislative council in an electronic
format under IC 5-14-6 and to the Indiana economic
development corporation established by IC 5-28-3.
SOURCE: IC 4-22-2-28.2; (05)CR029801.3. -->
SECTION 3. IC 4-22-2-28.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 28.2. (a) This section applies to a
violation described in subsection (c) that occurs after June 30, 2005.
However, in the case of a violation of a rule adopted under
IC 13-14-9 by the department of environmental management or
any of the boards (as defined in IC 13-11-2-18), the procedures set
forth in IC 13-30-4-3 and IC 13-30-7 apply instead of this section.
(b) As used in this section, "small business" has the meaning set
forth in section 28.1(d) of this chapter.
(c) Except as provided in subsection (d), a small business that
voluntarily provides notice to an agency of the small business's
actual or potential violation of a rule adopted by the agency under
this chapter is immune from civil or criminal liability resulting
from an agency action relating to the violation if the small business
does the following:
(1) Provides written notice of the violation to the agency not
later than forty-five (45) days after the small business knew or
should have known that the violation occurred.
(2) Corrects the violation within a time, which in no case may
be less than ninety (90) days after the date of the notice
described in subdivision (1), agreed to by the agency and the
(3) Cooperates with any reasonable request by the agency in
any investigation initiated in response to the notice.
(d) A small business is not immune from civil or criminal
liability relating to a violation of which the small business provides
notice under subsection (c) if any of the following apply:
(1) The violation resulted in serious harm or in imminent and
substantial endangerment to the public health, safety, or
(2) The violation resulted in a substantial economic benefit
that afforded the small business a clear advantage over the
small business's competitors.
(3) The small business has a pattern of continuous or repeated
violations of the rule at issue or any other rules of the agency.
(e) Information that a small business provides under this section,
including actions and documents that identify or describe the small
business, to an agency in providing notice of the small business's
actual or potential violation of a rule adopted by the agency is
confidential, unless a clear and immediate danger to the public
health, safety, or welfare or to the environment exists. Information
described in this subsection may not be made available for use by
the agency for purposes other than the purposes of this section
without the consent of the small business.
(f) Voluntary notice of an actual or a potential violation of a rule
that is provided by a small business under subsection (c) is not
admissible as evidence in a proceeding, other than an agency
proceeding, to prove liability for the rule violation or the effects of
the rule violation.
SOURCE: IC 13-14-8-3; (05)CR029801.4. -->
SECTION 4. IC 13-14-8-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) A rule or
standard adopted by a board may:
(1) make different provisions as required by varying
circumstances and conditions for different contaminant sources
and for different geographical areas;
(2) be made applicable to sources outside Indiana that:
(A) are causing;
(B) are contributing to; or
(C) could cause or contribute to;
environmental pollution in Indiana; and
(3) make provision for abatement standards and procedures:
(A) concerning occurrences, emergencies, or pollution; or
(B) on other short term conditions constituting an acute danger
to health or to the environment.
(b) A rule or standard adopted by the air pollution control
board or water pollution control board may not be more stringent
than a corresponding federal provision established under federal
SOURCE: Page 3, line 31; (05)CR029801.3. -->
Page 3, between lines 31 and 32, begin a new paragraph and insert:
SOURCE: IC 13-22-2-4; (05)CR029801.7. -->
"SECTION 7. IC 13-22-2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. (a) The board shall
adopt rules under IC 4-22-2 and IC 13-14-8 on the proper and safe
transportation, treatment, storage, and disposal of hazardous wastes.
Whenever possible, the rules adopted under this section must allow for
variation in Indiana with regard to population density, climate, and
(b) Rules adopted under this section concerning incinerators used as
hazardous waste facilities may not establish requirements that are
more stringent than the requirements for hazardous waste incinerators
established by regulations adopted by the Administrator of the United
States Environmental Protection Agency under the following statutes:
(1) The federal Resource Conservation and Recovery Act (42
U.S.C. 6901 et seq.).
(2) The federal Clean Air Act (42 U.S.C. 7401 et seq.), as
amended by the federal Clean Air Act Amendments of 1990
SOURCE: IC 13-23-1-2; (05)CR029801.8. -->
SECTION 8. IC 13-23-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) The board shall
adopt rules under IC 4-22-2 and IC 13-14-8 for the establishment and
operation of the program established under section 1 of this chapter.
(b) The rules
not be more or
less stringent than the
regulations adopted by the Administrator of the United States
Environmental Protection Agency under Section 9003 of the federal
Solid Waste Disposal Act, as amended (42 U.S.C. 6991b, as amended).
(c) The rules adopted under subsection (a) must include the
(1) Requirements for maintaining:
(A) a leak detection system;
(B) an inventory control system coupled with tank testing; or
(C) a comparable system or method;
designed to identify releases in a manner consistent with the
protection of human health and the environment.
(2) Requirements for maintaining records of any:
(B) leak detection system;
(C) inventory control system or tank testing; or
(D) comparable system.
(3) Requirements for reporting of:
(A) any releases; and
(B) corrective action taken in response to a release.
(4) Requirements for ordering or taking corrective action in
response to a release.
(5) Requirements for closure of underground storage tanks to
prevent future releases of regulated substances into the
(6) Requirements for maintaining evidence of financial
(A) taking corrective action; and
(B) compensating third parties for bodily injury and property
damage caused by sudden and nonsudden accidental releases
arising from the operation of an underground storage tank.
(7) Standards of performance for new underground storage tanks.
(8) Requirements for the following:
(A) Providing notice to the department of the existence of
operational and nonoperational underground storage tanks, as
required under 42 U.S.C. 6991a(a).
(B) Providing the information required on the form prescribed
under 42 U.S.C. 6991a(b)(2).
(C) Providing notice, by any person who sells a tank intended
to be used as an underground storage tank, to the purchaser of
that tank of the owner's notification requirements established
by this article and 42 U.S.C. 6991a(a).".
Renumber all SECTIONS consecutively.
(Reference is to SB 298 as printed January 28, 2005.)
and when so amended that said bill do pass.
CR029801/DI 87 2005