SB 298-1_ Filed 03/21/2005, 11:49
Adopted 3/21/2005


Text Box

Adopted Rejected


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COMMITTEE REPORT

            
                                                        YES:

8

                                                        NO:
1

MR. SPEAKER:

    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 association that:
        (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 employees; and
        (4) has gross annual receipts of not more than five million dollars ($5,000,000).
    (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 the coordinator.
    (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; and
        (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 entities.
        (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 chapter; and
        (2) before July 15 of each year during which the rule remains in effect.
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 small business.
        (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 welfare.
        (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 law.".
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 geology.
    (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 (P.L.101-549).
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 must may 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 following:
        (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:
            (A) monitoring;
            (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 environment.
        (6) Requirements for maintaining evidence of financial responsibility for:
            (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.

__________________________________

Representative Buck


CR029801/DI 87    2005