SB 154-1_ Filed 04/28/2007, 17:09
Adopted 4/28/2007

CONFERENCE COMMITTEE REPORT

DIGEST FOR ESB 154



Citations Affected: IC 4-4-2.4-2; IC 4-22-2-37.1; IC 4-23-5.5; IC 13-14-9; IC 13-20-13-9.

Synopsis: Environmental law. Conference committee report for ESB 154. Allows an environmental rulemaking board to adopt an emergency rule to comply with a date provided by federal law. Establishes a special environmental rulemaking process for adoption or incorporation by reference of federal provisions or for technical or clarifying amendments. Requires the environmental quality service council to study environmental rulemaking and recycling issues. Changes the name of the Indiana recycling and energy development board to the Indiana recycling market development board (IRMDB), reduces membership from thirteen to nine, and adjusts the subject areas that must be represented by members. Provides for administration of the IRMDB by the division of pollution prevention of the department of environmental management instead of the lieutenant governor. Terminates the terms of the members of the former board, and directs the governor to appoint the IRMDB members before July 1, 2007. Deletes references to IRMDB activities concerning energy resources and substitutes activities concerning recycling and uses of solid waste. Adjusts the permitted uses of the waste tire management fund, eliminating use of the fund by the lieutenant governor. (This conference committee report further adjusts the subject areas that must be represented by members of the IRMDB and deletes all provisions concerning regional sewer districts.)

Effective: Upon passage; July 1, 2007.



Text Box

Adopted Rejected


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CONFERENCE COMMITTEE REPORT

MR. SPEAKER:
    Your Conference Committee appointed to confer with a like committee from the Senate upon Engrossed House Amendments to Engrossed Senate Bill No. 154 respectfully reports that said two committees have conferred and agreed as follows to wit:

    that the Senate recede from its dissent from all House amendments and that the Senate now concur in all House amendments to the bill and that the bill be further amended as follows:

    Delete everything after the enacting clause and insert the following:

SOURCE: IC 4-4-2.4-2; (07)CC015401.1. -->     SECTION 1. IC 4-4-2.4-2, AS AMENDED BY SEA 526-2007, SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. The office of the lieutenant governor may adopt rules under IC 4-22-2 to carry out the duties, purposes, and functions of the office of the lieutenant governor relating to:
        (1) energy policy under section 1 of this chapter; and
        (2) the administration of the center for coal technology research under IC 21-47-4-2. and
        (3) the Indiana recycling and energy development board under IC 4-23-5.5-6.5.
SOURCE: IC 4-22-2-37.1; (07)CC015401.2. -->     SECTION 2. IC 4-22-2-37.1, AS AMENDED BY SEA 551-2007, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 37.1. (a) This section applies to a rulemaking action resulting in any of the following rules:
        (1) An order adopted by the commissioner of the Indiana department of transportation under IC 9-20-1-3(d) or IC 9-21-4-7(a) and designated by the commissioner as an emergency rule.
        (2) An action taken by the director of the department of natural resources under IC 14-22-2-6(d) or IC 14-22-6-13.
        (3) An emergency temporary standard adopted by the

occupational safety standards commission under IC 22-8-1.1-16.1.
        (4) An emergency rule adopted by the solid waste management board under IC 13-22-2-3 and classifying a waste as hazardous.
        (5) A rule, other than a rule described in subdivision (6), adopted by the department of financial institutions under IC 24-4.5-6-107 and declared necessary to meet an emergency.
        (6) A rule required under IC 24-4.5-1-106 that is adopted by the department of financial institutions and declared necessary to meet an emergency under IC 24-4.5-6-107.
        (7) A rule adopted by the Indiana utility regulatory commission to address an emergency under IC 8-1-2-113.
        (8) An emergency rule adopted by the state lottery commission under IC 4-30-3-9.
        (9) A rule adopted under IC 16-19-3-5 that the executive board of the state department of health declares is necessary to meet an emergency.
        (10) An emergency rule adopted by the Indiana finance authority under IC 8-21-12.
        (11) An emergency rule adopted by the insurance commissioner under IC 27-1-23-7.
        (12) An emergency rule adopted by the Indiana horse racing commission under IC 4-31-3-9.
        (13) An emergency rule adopted by the air pollution control board, the solid waste management board, or the water pollution control board under IC 13-15-4-10(4) or to comply with a deadline required by or other date provided by federal law, provided:
            (A) the variance procedures are included in the rules; and
            (B) permits or licenses granted during the period the emergency rule is in effect are reviewed after the emergency rule expires .
        (14) An emergency rule adopted by the Indiana election commission under IC 3-6-4.1-14.
        (15) An emergency rule adopted by the department of natural resources under IC 14-10-2-5.
        (16) An emergency rule adopted by the Indiana gaming commission under IC 4-32.2-3-3(b), IC 4-33-4-2, IC 4-33-4-3, or IC 4-33-4-14.
        (17) An emergency rule adopted by the alcohol and tobacco commission under IC 7.1-3-17.5, IC 7.1-3-17.7, or IC 7.1-3-20-24.4.
        (18) An emergency rule adopted by the department of financial institutions under IC 28-15-11.
        (19) An emergency rule adopted by the office of the secretary of family and social services under IC 12-8-1-12.
        (20) An emergency rule adopted by the office of the children's health insurance program under IC 12-17.6-2-11.
        (21) An emergency rule adopted by the office of Medicaid policy and planning under IC 12-15-41-15.
        (22) An emergency rule adopted by the Indiana state board of

animal health under IC 15-2.1-18-21.
        (23) An emergency rule adopted by the board of directors of the Indiana education savings authority under IC 21-9-4-7.
        (24) An emergency rule adopted by the Indiana board of tax review under IC 6-1.1-4-34 (repealed).
        (25) An emergency rule adopted by the department of local government finance under IC 6-1.1-4-33 (repealed).
        (26) An emergency rule adopted by the boiler and pressure vessel rules board under IC 22-13-2-8(c).
        (27) An emergency rule adopted by the Indiana board of tax review under IC 6-1.1-4-37(l) (repealed) or an emergency rule adopted by the department of local government finance under IC 6-1.1-4-36(j) (repealed) or IC 6-1.1-22.5-20.
        (28) An emergency rule adopted by the board of the Indiana economic development corporation under IC 5-28-5-8.
        (29) A rule adopted by the department of financial institutions under IC 34-55-10-2.5.
        (30) A rule adopted by the Indiana finance authority:
            (A) under IC 8-15.5-7 approving user fees (as defined in IC 8-15.5-2-10) provided for in a public-private agreement under IC 8-15.5;
            (B) under IC 8-15-2-17.2(a)(10):
                (i) establishing enforcement procedures; and
                (ii) making assessments for failure to pay required tolls;
            (C) under IC 8-15-2-14(a)(3) authorizing the use of and establishing procedures for the implementation of the collection of user fees by electronic or other nonmanual means; or
            (D) to make other changes to existing rules related to a toll road project to accommodate the provisions of a public-private agreement under IC 8-15.5.

        (31) An emergency rule adopted by the board of the Indiana health informatics corporation under IC 5-31-5-8.
    (b) The following do not apply to rules described in subsection (a):
        (1) Sections 24 through 36 of this chapter.
        (2) IC 13-14-9.
    (c) After a rule described in subsection (a) has been adopted by the agency, the agency shall submit the rule to the publisher for the assignment of a document control number. The agency shall submit the rule in the form required by section 20 of this chapter and with the documents required by section 21 of this chapter. The publisher shall determine the number of copies format of the rule and other documents to be submitted under this subsection.
    (d) After the document control number has been assigned, the agency shall submit the rule to the secretary of state publisher for filing. The agency shall submit the rule in the form required by section 20 of this chapter and with the documents required by section 21 of this chapter. The secretary of state publisher shall determine the number of copies format of the rule and other documents to be submitted under this subsection.
    (e) Subject to section 39 of this chapter, the secretary of state

publisher shall:
        (1) accept the rule for filing; and
        (2) file stamp and indicate electronically record the date and time that the rule is accepted. on every duplicate original copy submitted.
    (f) A rule described in subsection (a) takes effect on the latest of the following dates:
        (1) The effective date of the statute delegating authority to the agency to adopt the rule.
        (2) The date and time that the rule is accepted for filing under subsection (e).
        (3) The effective date stated by the adopting agency in the rule.
        (4) The date of compliance with every requirement established by law as a prerequisite to the adoption or effectiveness of the rule.
    (g) Subject to subsection (h), IC 14-10-2-5, IC 14-22-2-6, IC 22-8-1.1-16.1, and IC 22-13-2-8(c), and except as provided in subsections (j), and (k), and (l), a rule adopted under this section expires not later than ninety (90) days after the rule is accepted for filing under subsection (e). Except for a rule adopted under subsection (a)(13), (a)(24), (a)(25), or (a)(27), the rule may be extended by adopting another rule under this section, but only for one (1) extension period. The extension period for a rule adopted under subsection (a)(28) may not exceed the period for which the original rule was in effect. A rule adopted under subsection (a)(13) may be extended for two (2) extension periods. Subject to subsection (j), a rule adopted under subsection (a)(24), (a)(25), or (a)(27) may be extended for an unlimited number of extension periods. Except for a rule adopted under subsection (a)(13), for a rule adopted under this section to be effective after one (1) extension period, the rule must be adopted under:
        (1) sections 24 through 36 of this chapter; or
        (2) IC 13-14-9;
as applicable.
    (h) A rule described in subsection (a)(6), (a)(8), (a)(12), or (a)(29) expires on the earlier of the following dates:
        (1) The expiration date stated by the adopting agency in the rule.
        (2) The date that the rule is amended or repealed by a later rule adopted under sections 24 through 36 of this chapter or this section.
    (i) This section may not be used to readopt a rule under IC 4-22-2.5.
    (j) A rule described in subsection (a)(24) or (a)(25) expires not later than January 1, 2006.
    (k) A rule described in subsection (a)(28) expires on the expiration date stated by the board of the Indiana economic development corporation in the rule.
    (l) A rule described in subsection (a)(30) expires on the expiration date stated by the Indiana finance authority in the rule.

SOURCE: IC 4-23-5.5-1; (07)CC015401.3. -->     SECTION 3. IC 4-23-5.5-1, AS AMENDED BY P.L.1-2006, SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. As used in this chapter:
         (1) "board" means refers to the Indiana recycling and energy market development board created by this chapter; and
        (2) "division" refers to the division of pollution prevention
established by IC 13-27-2-1.
SOURCE: IC 4-23-5.5-2; (07)CC015401.4. -->     SECTION 4. IC 4-23-5.5-2, AS AMENDED BY P.L.1-2006, SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) The Indiana recycling and energy market development board is created and constitutes a public instrumentality of the state. The exercise by the board of the powers conferred by this chapter is an essential governmental function.
    (b) The board consists of thirteen (13) nine (9) members, one (1) of whom shall be the lieutenant governor or the lieutenant governor's designee and twelve (12) eight (8) of whom shall be appointed by the governor for four (4) year terms. The governor's appointees shall be chosen from among representatives of:
        (1) the coal waste management industry;
        (2) other regulated and nonregulated energy related industries; the recycling industry;
        (3) Indiana universities and colleges with expertise in
            (A) recycling research and development; or
            (B) energy research and development;
        (4) agriculture;
        (5) labor;
        (6) (4) industrial and commercial consumers of recycled feedstock;
        (7) (5) environmental groups; and
        (8) (6) private citizens with a special interest in
            (A) recycling. or
            (B) energy resources development.
No more than six (6) four (4) appointive members shall be of the same political party.
    (c) A vacancy in the office of an appointive member, other than by expiration, shall be filled in like manner as the original appointment for the remainder of the term of that retiring member. Appointed members may be removed by the governor for cause.
    (d) The board shall have seven (7) ex officio advisory members as follows:
        (1) The governor.
        (2) The director of the department of natural resources.
        (3) The commissioner of the department of environmental management.
        (4) Two (2) members from the house of representatives of opposite political parties appointed by the speaker of the house of representatives for two (2) year terms.
        (5) Two (2) members from the senate of opposite political parties appointed by the president pro tempore of the senate for two (2) year terms.
    (e) The office of the lieutenant governor division shall serve as the staff of the board.
SOURCE: IC 4-23-5.5-3; (07)CC015401.5. -->     SECTION 5. IC 4-23-5.5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a) The governor shall appoint one (1) of the appointed members as chairman. Seven (7) Five (5) members of the board shall constitute a quorum and the

affirmative vote of a majority of the membership shall be necessary for any action taken by the board. A vacancy in the membership of the board does not impair the right of the quorum to act.
    (b) All the members of the board shall be reimbursed for their actual expenses incurred in the performance of their duties. The appointed members may also receive a per diem allowance as determined by the budget agency for attendance of board meetings and activities. All reimbursement for expenses shall be as provided by law.

SOURCE: IC 4-23-5.5-4; (07)CC015401.6. -->     SECTION 6. IC 4-23-5.5-4, AS AMENDED BY P.L.1-2006, SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. A representative appointed by the division, in consultation with the lieutenant governor or the lieutenant governor's designee, shall be the chief administrative officer for the board and shall direct and supervise the administrative affairs and technical activities of the board in accordance with rules, regulations, and policies established by the board. The lieutenant governor or the lieutenant governor's designee division may appoint the employees as the board may require and the agents or consultants as may be necessary for implementing this chapter. The lieutenant governor or the lieutenant governor's designee division shall prepare an annual administrative budget for review by the budget agency and the budget committee.
SOURCE: IC 4-23-5.5-6; (07)CC015401.7. -->     SECTION 7. IC 4-23-5.5-6, AS AMENDED BY P.L.1-2006, SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. (a) The board shall do the following:
        (1) Adopt procedures for the regulation of its affairs and the conduct of its business.
        (2) Meet at the offices of the lieutenant governor division on call of:
             (A) the lieutenant governor or the lieutenant governor's designee; or
            (B) the commissioner of the department of environmental management or the commissioner's designee;
        
at least once each calendar quarter. The meetings shall be upon ten (10) days written notification, shall be open to the public, and shall have official minutes recorded for public scrutiny.
        (3) Report annually in an electronic format under IC 5-14-6 to the legislative council the projects in which it has participated and is currently participating with a complete list of expenditures for those projects.
        (4) Annually prepare an administrative budget for review by the budget agency and the budget committee.
        (5) Keep proper records of accounts and make an annual report of its condition to the state board of accounts.
    (b) The board may request that the lieutenant governor conduct assessments of the opportunities and constraints presented by all sources of energy. The board shall encourage the balanced use of all sources of energy with primary emphasis on:
        (1) the utilization of Indiana's high sulphur coal; and
        (2) the utilization of Indiana's agricultural and forest resources and products for the production of alcohol fuel.
However, the board shall seek to avoid possible undesirable consequences of total reliance on a single source of energy.
    (c) (b) The board shall consider projects involving the creation of the following:
        (1) Markets for products made from recycled materials.
        (2) New products made from recycled materials.
    (d) (c) The board may promote, fund, and encourage programs facilitating the development and effective use of all sources of energy implementation of waste reduction, reuse, and recycling in Indiana.
SOURCE: IC 4-23-5.5-6.5; (07)CC015401.8. -->     SECTION 8. IC 4-23-5.5-6.5, AS ADDED BY P.L.144-2006, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6.5. The office of the lieutenant governor department of environmental management may adopt rules under IC 4-22-2 to carry out the duties, purposes, and functions of this chapter.
SOURCE: IC 4-23-5.5-7; (07)CC015401.9. -->     SECTION 9. IC 4-23-5.5-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7. The board, upon approval by the governor and the budget agency, may make the following expenditures:
        (1) Matching grants to federal, state, and local governmental agencies for research and development of: energy resources
             (A) recycling projects; and
             (B) recycling market development projects;
        in Indiana.
        (2) Matching grants to individuals, corporations, limited liability companies, partnerships, educational institutions, and other private sector groups for energy resources recycling and recycling market research and development.
        (3) Direct grants, loans, or loan guarantees to those individuals and organizations specified in subdivision (1) or (2) of this section.
        (4) Contractual services for energy resources recycling and recycling market research and development programs.
        (5) Purchase or lease land for energy resources and recycling market research and development projects.
        (6) (5) Other projects and expenses consistent with this chapter.
SOURCE: IC 4-23-5.5-9; (07)CC015401.10. -->     SECTION 10. IC 4-23-5.5-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 9. The board may:
        (1) on behalf of the state, receive and accept grants, gifts, and contributions from public agencies, including the federal government, and from private agencies and private sources, including the Indiana business modernization and technology corporation, for the purpose of researching and developing energy resources recycling within the state, and may administer such, including contracting with other public and private organizations, to carry out the purposes for which such grants, gifts, and contributions were made;
        (2) establish application forms and procedures for programs consistent with this chapter;
        (3) accept applications from private and public sources for

funding of programs consistent with this chapter;
        (4) provide funding for studies, research projects, and other activities required to assess the nature and extent of recycling markets in Indiana and the nature and extent of energy recycling resources to meet the needs of the state; including but not limited to coal and other fossil fuels, alcohol fuels produced from agricultural and forest products and resources, renewable, and other energy resources;
        (5) deposit funds not currently needed to meet the obligations of the board with the treasurer of state to the credit of the fund, or invest in obligations as provided by IC 5-13-10.5; and
        (6) participate in or sponsor programs, conferences, or seminars aimed at assisting the state in promoting recycling market development. and the effective use of all sources of energy in Indiana.

SOURCE: IC 13-14-9-1; (07)CC015401.11. -->     SECTION 11. IC 13-14-9-1, AS AMENDED BY P.L.100-2006, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) Except as provided in section sections 8 and 14 of this chapter, this chapter applies to the following:
        (1) A board.
        (2) The underground storage tank financial assurance board established by IC 13-23-11-1.
    (b) In addition to the requirements of IC 4-22-2 and IC 13-14-8, a board may not adopt a rule except in accordance with this chapter.
SOURCE: IC 13-14-9-8; (07)CC015401.12. -->     SECTION 12. IC 13-14-9-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) Unless a board determines under section 5(c)(2) of this chapter that a proposed rule should be subject to additional comments or makes a determination described in subsection (f), sections 3 2 through 7 and 4 sections 9 through 14 of this chapter do not apply to a rulemaking action if the commissioner determines that:
        (1) the proposed rule constitutes:
            (A) an adoption or incorporation by reference of a federal law, regulation, or rule that:
                (i) is or will be applicable to Indiana; and
                (ii) contains no amendments that have a substantive effect on the scope or intended application of the federal law or rule;
            (B) a technical amendment with no substantive effect on an existing Indiana rule; or
            (C) a substantive amendment to an existing Indiana rule, the primary and intended purpose of which is to clarify the existing rule; and
        (2) the proposed rule is of such nature and scope that there is no reasonably anticipated benefit to the environment or the persons referred to in section 7(a)(2) of this chapter from the following:
            (A) Exposing the proposed rule to diverse public comment under section 3 or 4 of this chapter.
            (B) Affording interested or affected parties the opportunity to be heard under section 3 or 4 of this chapter.
            (C) Affording interested or affected parties the opportunity to

develop evidence in the record collected under sections 3 and 4 of this chapter.
    (b) If the commissioner makes a determination under subsection (a), the commissioner shall prepare written findings under this section. The full text of the commissioner's written findings shall be
        (1) published in the Indiana Register before the public meeting held under section 5(a)(1) of this chapter; and
        (2) included in:
         (1) the notice of adoption of the proposed rule; and
        (2)
the written materials to be considered by the board at the public meeting hearing held under this section. 5(a)(1) of this chapter.
    (c) The notice of adoption of a proposed rule under this section must:
        (1) be published in the Indiana Register; and
        (2) include the following:
            (A) Draft rule language that includes the language described in subsection (a)(1).
            (B) A written comment period of at least thirty (30) days.
            (C) A notice of public hearing before the appropriate board.
    (d) The department shall include the following in the written materials to be considered by the board at the public hearing referred to in subsection (c):
        (1) The full text of the proposed rule as most recently prepared by the department.
        (2) Written responses of the department to written comments received during the comment period referred to in subsection (c).
        (3) The commissioner's findings under subsection (b).
    (e) At the public hearing referred to in subsection (c), the board may:
        (1) adopt the proposed rule;
        (2) reject the proposed rule;
        (3) determine that additional public comment is necessary; or
        (4) determine to reconsider the proposed rule at a subsequent board meeting.
    (f) If the board determines under subsection (e) that additional public comment is necessary, the department shall publish a second notice in accordance with section 4 of this chapter and complete the rulemaking in accordance with this chapter.

SOURCE: IC 13-14-9-12; (07)CC015401.13. -->     SECTION 13. IC 13-14-9-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. The board may reject a proposed rule under section 9(4) of this chapter if one (1) of the following conditions exists:
        (1) The following occurs or has occurred:
            (A) under section 8 of this chapter, sections 3 and 4 of this chapter did not apply to the proposed rule; and
            (B) either:
                (i) the board determines that necessary amendments to the proposed rule will affect persons that reasonably require an

opportunity to comment under section 4 of this chapter, considering the criteria set forth in section 8(2) 8(a)(2) of this chapter; or
                (ii) the board determines that due to the fundamental or inherent structure or content of the proposed rule, the only reasonably anticipated method of developing a rule acceptable to the board is to require the department to redraft the rule and to obtain the public comments under section 4 of this chapter. or
        (2) The following occurs or has occurred:
            (A) the proposed rule was subject to sections 3 and 4 of this chapter; and
            (B) either:
                (i) the board makes a determination set forth in subdivision (1)(B)(i) or (1)(B)(ii); or
                (ii) the board determines that, due to a procedural or other defect in the implementation of the requirements under sections 3 and 4 of this chapter, an interested or affected party will be unfairly and substantially prejudiced if the public comment period under section 4 of this chapter is not again afforded and that no reasonable alternative method to obtain public comments is available to the interested or affected party other than the public comment period under section 4 of this chapter.

SOURCE: IC 13-20-13-8; (07)CC015401.14. -->     SECTION 14. IC 13-20-13-8, AS AMENDED BY P.L.1-2006, SECTION 202, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 8. (a) Except as provided in subsection (d)(2), (d)(3), (d)(6), and (d)(7), the waste tire management fund is established for the following purposes:
        (1) The department may use not more than thirty-five percent (35%) of the money deposited in the fund each year shall be used to assist the department: for:
            (A) in the removal and disposal of waste tires from sites where the waste tires have been disposed of improperly; and
            (B) in operating the waste tire education program under section 15 of this chapter. and
            (C) to pay the expenses of administering the programs described in clause (B).
        (2) Sixty-five percent (65%) of The department may use the remaining money deposited in the fund each year shall be used to: assist the lieutenant governor:
            (A) in providing provide grants and loans under section 9(b) of this chapter to persons entities involved in waste tire management activities; under section 9 of this chapter; and
            (B) to pay the expenses of administering the programs described in:
                 (i) subdivision (1)(B); and
                (ii)
clause (A).
    (b) The expenses of administering the fund shall be paid from money in the fund.
    (c) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    (d) Sources of money for the fund are the following:
        (1) Fees paid under section 4(a)(6) of this chapter and IC 13-20-14-5(e).
        (2) Fees collected under section 7 of this chapter. All money deposited in the fund under this subdivision may be used by the department for waste reduction, recycling, removal, or remediation projects.
        (3) Costs and damages recovered from a person or other entity under section 14 of this chapter or IC 13-20-14-8. All money deposited in the fund under this subdivision may be used by the department for removal and remediation projects.
        (4) Fees established by the general assembly for the purposes of this chapter.
        (5) Appropriations made by the general assembly.
        (6) Gifts and donations intended for deposit in the fund. A gift or donation deposited in the fund under this subdivision may be specified to be entirely for the use of the department. or the lieutenant governor.
        (7) Civil penalties collected under IC 13-30-4 for violations of:
            (A) this chapter;
            (B) IC 13-20-14; and
            (C) rules adopted under section 11 of this chapter and IC 13-20-14-6.
        All money deposited in the fund under this subdivision may be used by the department for waste tire removal and remediation eligible projects.
SOURCE: IC 13-20-13-9; (07)CC015401.15. -->     SECTION 15. IC 13-20-13-9, AS AMENDED BY P.L.1-2006, SECTION 203, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 9. (a) The department may use money in the fund to assist the department in:
        (1) removing waste tires from sites where waste tires have been disposed of improperly;
        (2) properly managing waste tires;
        (3) performing surveillance and enforcement activities used to implement proper waste tire management; and
        (4) conducting the waste tire education program under section 15 of this chapter.
    (b) The lieutenant governor department may use money in the fund to provide grants and loans to persons entities to establish and operate programs involving the following:
        (1) Recycling or reuse of waste tires.
        (2) Using waste tires as a source of fuel.
        (3) Developing markets for waste tires and products containing recycled or reused waste tires.
    (c) The lieutenant governor department may adopt rules under IC 4-22-2 necessary to implement this section.
SOURCE: ; (07)CC015401.16. -->     SECTION 16. [EFFECTIVE UPON PASSAGE] (a) The terms of the members of the Indiana recycling and energy development board are terminated on June 30, 2007.
    (b) Before July 1, 2007, the governor shall appoint the members of the
Indiana recycling market development board.
    (c) This SECTION expires July 1, 2007.

SOURCE: ; (07)CC015401.17. -->     SECTION 17. [EFFECTIVE JULY 1, 2007] (a) The environmental quality service council established under IC 13-13-7 shall study and make findings and recommendations concerning the following:
        (1) Shortening the environmental rulemaking process for rules adopted under IC 13 by considering the following:
            (A) Other state and local agency rulemaking processes.
            (B) Other state environmental rulemaking processes.
            (C) Negotiated rulemaking.
            (D) Steps and requirements of rulemaking.
            (E) Professional boards and the relationship between boards and the office of environmental adjudication.
        (2) The goals, funding, markets, and structure of recycling in Indiana.
    (b) The environmental quality service council shall include its findings and recommendations developed under subsection (a) in the council's 2007 final report to the legislative council.
    (c) This SECTION expires January 1, 2008
.
SOURCE: ; (07)CC015401.18. -->     SECTION 18. An emergency is declared for this act.
    (Reference is to ESB 154 as printed April 6, 2007.)




Conference Committee Report

on

Engrossed Senate Bill 154



Text Box

S

igned by:

    ____________________________    ____________________________
    Senator GardRepresentative Dvorak
    Chairperson

    ____________________________    ____________________________
    Senator TallianRepresentative Wolkins

    Senate Conferees    House Conferees


CC015401/DI 52
2007