SB 154-1_ Filed 04/05/2007, 14:51
Your Committee on Environmental Affairs , to which was referred Senate Bill
154 , 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; (07)CR015401.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 4-4-2.4-2; (07)CR015401.1. -->
"SECTION 1. IC 4-4-2.4-2, AS ADDED BY P.L.144-2006,
SECTION 1, 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 4-4-30-5.5.
(3) the Indiana recycling and energy development board under
SOURCE: Page 5, line 16; (07)CR015401.5. -->
Page 5, between lines 16 and 17, begin a new paragraph and insert:
SOURCE: IC 4-23-5.5-1; (07)CR015401.3. -->
"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:
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)CR015401.4. -->
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 industry;
(2) other regulated and nonregulated energy related industries;
(3) (2) Indiana universities and colleges with expertise in:
(A) recycling research and development; or
(B) energy research and development;
(5) (3) labor;
(6) (4) industrial and commercial consumers of recycled
(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
(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
(1) The governor.
(2) The director of the department of natural resources.
(3) The commissioner of the department of environmental
(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)
office of the lieutenant governor division shall serve as the
staff of the board.
SOURCE: IC 4-23-5.5-3; (07)CR015401.5. -->
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.
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)CR015401.6. -->
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
SOURCE: IC 4-23-5.5-6; (07)CR015401.7. -->
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
(A) the lieutenant governor or the lieutenant governor's
(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
(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
(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)CR015401.8. -->
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
SOURCE: IC 4-23-5.5-7; (07)CR015401.9. -->
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
(1) Matching grants to federal, state, and local governmental
agencies for research and development of:
(A) recycling resources projects; and
(B) recycling market development projects;
(2) Matching grants to individuals, corporations, limited liability
companies, partnerships, educational institutions, and other
private sector groups for
energy recycling resources 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
(4) Contractual services for
energy recycling resources 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)CR015401.10. -->
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
recycling resources 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
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
and the effective use of all sources of energy in
SOURCE: Page 8, line 1; (07)CR015401.8. -->
Page 8, between lines 1 and 2, begin a new paragraph and insert:
SOURCE: IC 13-20-13-8; (07)CR015401.14. -->
"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
(35%) of the money deposited in the fund each year
shall be used
to assist the department: for:
the removal and disposal of waste tires from sites where
the waste tires have been disposed of improperly; and
operating the waste tire education program under
section 15 of this chapter.
(C) to pay the expenses of administering the programs
described in clause (B).
Sixty-five percent (65%) of The department may use
money deposited in the fund each year
shall be used
assist the lieutenant governor:
in providing provide
grants and loans under section 9(b)
of this chapter
involved in waste tire
under section 9 of this chapter;
pay the expenses of administering the programs
(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
(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
(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
(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.
(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
All money deposited in the fund under this subdivision may be
used by the department for
waste tire removal and remediation
SOURCE: IC 13-20-13-9; (07)CR015401.15. -->
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.
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.
lieutenant governor department may adopt rules under
IC 4-22-2 necessary to implement this section.
SOURCE: IC 13-26-5-2; (07)CR015401.16. -->
SECTION 16. IC 13-26-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. A district may
do the following:
(1) Sue or be sued.
(2) Make contracts in the exercise of the rights, powers, and
duties conferred upon the district.
(3) Adopt and alter a seal and use the seal by causing the seal to
be impressed, affixed, reproduced, or otherwise used. However,
the failure to affix a seal does not affect the validity of an
(4) Adopt, amend, and repeal the following:
(A) Bylaws for the administration of the district's affairs.
(B) Rules and regulations for the following:
(i) The control of the administration and operation of the
district's service and facilities.
(ii) The exercise of all of the district's rights of ownership.
(5) Construct, acquire, lease, operate, or manage works and obtain
rights, easements, licenses, money, contracts, accounts, liens,
books, records, maps, or other property, whether real, personal, or
mixed, of a person or an eligible entity.
(6) Assume in whole or in part any liability or obligation of:
(A) a person;
(B) a nonprofit water, sewage, or solid waste project system;
(C) an eligible entity;
including a pledge of part or all of the net revenues of a works to
the debt service on outstanding bonds of an entity in whole or in
part in the district and including a right on the part of the district
to indemnify and protect a contracting party from loss or liability
by reason of the failure of the district to perform an agreement
assumed by the district or to act or discharge an obligation.
(7) Fix, alter, charge, and collect reasonable rates and other
charges in the area served by the district's facilities to every
person whose premises are, whether directly or indirectly,
supplied with water or provided with sewage or solid waste
services by the facilities for the purpose of providing for the
(A) The payment of the expenses of the district.
(B) The construction, acquisition, improvement, extension,
repair, maintenance, and operation of the district's facilities
(C) The payment of principal or interest on the district's
(D) To fulfill the terms of agreements made with:
(i) the purchasers or holders of any obligations; or
(ii) a person or an eligible entity.
(8) Except as provided in section 2.5 of this chapter, require
connection to the district's sewer system of property producing
sewage or similar waste, and require the discontinuance of use of
privies, cesspools, septic tanks, and similar structures if:
(A) there is an available sanitary sewer within three hundred
(300) feet of the property line;
(B) the district has given written notice by certified mail to the
property owner at the address of the property at least ninety
(90) days before a date for connection to be stated in the
(C) if the property is located outside the district's territory,
the district has:
(i) obtained; and
(ii) provided to the property owner;
a certification from the local health department that the
connection is necessary to protect the public's health. The
district shall provide the property owner the certification
required by this clause along with the notice required by
However, a district may not require the owner of a property
described in this subdivision to connect to the district's sewer
system if the property is already connected to a sewer system
that has received all necessary permits from and approvals by
the state, or any agency of the state, and has been determined
to be functioning satisfactorily.
(9) Provide by ordinance for reasonable penalties for failure to
connect and also apply to the circuit or superior court of the
county in which the property is located for an order to force
connection, with the cost of the action, including reasonable
attorney's fees of the district, to be assessed by the court against
the property owner in the action.
(10) Refuse the services of the district's facilities if the rates or
other charges are not paid by the user.
(11) Control and supervise all property, works, easements,
licenses, money, contracts, accounts, liens, books, records, maps,
or other property rights and interests conveyed, delivered,
transferred, or assigned to the district.
(12) Construct, acquire by purchase or otherwise, operate, lease,
preserve, and maintain works considered necessary to accomplish
the purposes of the district's establishment within or outside the
district and enter into contracts for the operation of works owned,
leased, or held by another entity, whether public or private.
(13) Hold, encumber, control, acquire by donation, purchase, or
condemnation, construct, own, lease as lessee or lessor, use, and
sell interests in real and personal property or franchises within or
outside the district for:
(A) the location or protection of works;
(B) the relocation of buildings, structures, and improvements
situated on land required by the district or for any other
necessary purpose; or
(C) obtaining or storing material to be used in constructing and
maintaining the works.
(14) Upon consent of two-thirds (2/3) of the members of the
board, merge or combine with another district into a single district
on terms so that the surviving district:
(A) is possessed of all rights, franchises, and authority of the
constituent districts; and
(B) is subject to all the liabilities, obligations, and duties of
each of the constituent districts, with all rights of creditors of
the constituent districts being preserved unimpaired.
(15) Provide by agreement with another eligible entity for the
joint construction of works the district is authorized to construct
if the construction is for the district's own benefit and that of the
other entity. For this purpose the cooperating entities may jointly
appropriate land either within or outside their respective borders
if all subsequent proceedings, actions, powers, liabilities, rights,
and duties are those set forth by statute.
(16) Enter into contracts with a person, an eligible entity, the
state, or the United States to provide services to the contracting
party for any of the following:
(A) The distribution or purification of water.
(B) The collection or treatment of sanitary sewage.
(C) The collection, disposal, or recovery of solid waste.
(17) Make provision for, contract for, or sell the district's
byproducts or waste.
(18) Exercise the power of eminent domain.
(19) Remove or change the location of a fence, building, railroad,
canal, or other structure or improvement located within or outside
the district. If:
(A) it is not feasible or economical to move the building,
structure, or improvement situated in or upon land acquired;
(B) the cost is determined by the board to be less than that of
purchase or condemnation;
the district may acquire land and construct, acquire, or install
buildings, structures, or improvements similar in purpose to be
exchanged for the buildings, structures, or improvements under
contracts entered into between the owner and the district.
(20) Employ consulting engineers, superintendents, managers,
and other engineering, construction, and accounting experts,
attorneys, bond counsel, employees, and agents that are necessary
for the accomplishment of the district's purpose and fix their
(21) Procure insurance against loss to the district by reason of
damages to the district's properties, works, or improvements
resulting from fire, theft, accident, or other casualty or because of
the liability of the district for damages to persons or property
occurring in the operations of the district's works and
improvements or the conduct of the district's activities.
(22) Exercise the powers of the district without obtaining the
consent of other eligible entities. However, the district shall:
(A) restore or repair all public or private property damaged in
carrying out the powers of the district and place the property
in the property's original condition as nearly as practicable; or
(B) pay adequate compensation for the property.
(23) Dispose of, by public or private sale or lease, real or personal
property determined by the board to be no longer necessary or
needed for the operation or purposes of the district.
SOURCE: IC 13-26-8-4; (07)CR015401.17. -->
SECTION 17. IC 13-26-8-4 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) This section applies to the addition of
territory to a district other than at the request of an eligible entity
described in section 1 of this chapter.
(b) To add territory to a district already established, the board
must do the following:
(1) Adopt an ordinance establishing the boundaries of the
additional territory to be included in the district.
(2) Obtain either of the following:
(A) The signed consent of more than fifty percent (50%) of
the freeholders within the territory proposed to be added
to the district.
(B) A certification from the local health department that
the addition of the territory to the district is needed to
protect the public's health.
(3) Submit to the department a petition that includes the
(A) A description of the territory proposed to be added to
(B) The signed consent or the certification obtained under
(C) A certification that the board has mailed, either
separately or along with a periodic billing statement,
written notice of:
(i) the proposed addition to the district;
(ii) any potential effect that the proposed addition will
have on the rates and charges for the use of and services
provided by the district's works; and
(iii) a statement of a freeholder's rights under section 15
of this chapter, if the proposed addition of territory will
potentially increase the rates and charges by the amount
specified in section 15(c) of this chapter;
to each user of the works whose rates and charges will be
potentially affected by the proposed addition of territory
to the district.
(c) If the department determines that:
(1) the board has provided a petition that meets the
requirements set forth in subsection (b); and
(2) the proposed addition of territory to the district is
practical and feasible;
the department shall approve the board's proposed addition of
territory to the district.
SOURCE: IC 13-26-11-8; (07)CR015401.18. -->
SECTION 18. IC 13-26-11-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) The board
shall, by ordinance, establish just and equitable rates or charges for the
use of and the service provided by a works. The rates or charges are
payable by the owner of each lot, parcel of land, or building that:
(1) is connected with and uses a works; or
(2) in any way uses or is served by a works.
(b) Subject to sections 13(c) and 15 of this chapter, the board may
periodically change and readjust the rates or charges as provided in this
SOURCE: IC 13-26-11-13; (07)CR015401.19. -->
SECTION 19. IC 13-26-11-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. (a) The
ordinance establishing the initial rates or charges, either as:
(1) originally introduced; or
(2) modified and amended;
shall be passed and put into effect after the hearing.
(b) A copy of the schedule of the rates and charges established must
(1) kept on file in the office of the district; and
(2) open to public inspection.
(c) This subsection applies to a regional sewage district.
Whenever the board acts under section 8(b) of this chapter to
change or readjust the rates and charges, the board shall mail,
either separately or along with a periodic billing statement, a
notice of the new rates and charges to each user affected by the
change or readjustment. If the change or readjustment increases
the rates and charges by the amount specified in section 15(c) of
this chapter, the notice required by this subsection:
(1) must include a statement of a freeholder's rights under
section 15 of this chapter; and
(2) shall be mailed within the time specified in section 15(c) of
SOURCE: IC 13-26-11-14; (07)CR015401.20. -->
SECTION 20. IC 13-26-11-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. (a) The rates or
charges established for a class of users of property served shall be
extended to cover any additional premises served after the rates or
charges are established that are in the same class, without the necessity
of hearing or notice.
(b) Subject to sections 13(c) and 15 of this chapter, a change or
readjustment of the rates or charges may be made in the same manner
as the rates or charges were originally established.
SOURCE: IC 13-26-11-15; (07)CR015401.21. -->
SECTION 21. IC 13-26-11-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15. (a) A district
authority is established in each regional sewage district established
under this article.
(b) The district authority of a regional sewage district consists of the
(1) In the case of a regional sewage district located in one (1)
(A) except as provided in clause (B), the county executive of
that county; or
(B) if the members of the county executive are trustees of the
regional sewage district, the members of the county fiscal
(2) In the case of a regional sewage district located in more than
one (1) county, one (1) county executive member, appointed by
that member's county executive, from each county in which the
district is located.
However, a person who serves on the board of trustees of a district may
not be a member of the district authority.
(c) If a district adopts an ordinance increasing sewer rates and
charges at a rate that is greater than five percent (5%) per year, as
calculated from the rates and charges in effect from the date of the
district's last rate increase before January 1, 2001, the district shall
mail a notice of the new rates and charges to each user of the sewer
system who is affected by the increase, as required by section 13(c)
of this chapter. The notice required by section 13(c) of this chapter:
(1) shall be mailed not later than seven (7) days after the
board adopts the ordinance increasing the rates and charges;
(2) must include a statement of a freeholder's rights under
(d) If subsection (c) applies,
fifty (50) freeholders of the district or
ten percent (10%) of the district's freeholders, whichever is fewer, may
file a written petition objecting to the rates and charges of the district.
A petition filed under this subsection must:
(1) contain the name and address of each petitioner;
(2) be filed with a member of the district authority, in the county
where at least one (1) petitioner resides, not later than thirty (30)
days after the district adopts the ordinance establishing the rates
and charges; and
(3) set forth the grounds for the freeholders' objection.
If a petition meeting the requirements of this
the district authority shall investigate and conduct a public hearing on
the petition. If more than one (1) petition concerning a particular
increase in rates and charges is filed, the district authority shall
consider the objections set forth in all the petitions at the same public
(e) The district authority shall set the matter for public hearing not
less than ten (10) business days but not later than twenty (20) business
days after the petition has been filed. The district authority shall send
notice of the hearing by certified mail to the district and the petitioner
and publish the notice of the hearing in a newspaper of general
circulation in each county in the district.
(f) Upon the date fixed in the notice, the district authority shall hear
the evidence produced and determine whether the increased sewer rates
and charges established by the board by ordinance are just and
equitable rates and charges, according to the standards set forth in
section 9 of this chapter. The district authority, by a majority vote,
(1) sustain the ordinance establishing the rates and charges;
(2) sustain the petition; or
(3) make any other ruling appropriate in the matter.
(g) The order of the district authority may be appealed by the district
or a petitioner to the circuit court of the county in which the district is
located. The court shall try the appeal without a jury and shall
determine one (1) or both of the following:
(1) Whether the board of trustees of the district, in adopting the
ordinance increasing sewer rates and charges, followed the
procedure required by this chapter.
(2) Whether the increased sewer rates and charges established by
the board by ordinance are just and equitable rates and charges,
according to the standards set forth in section 9 of this chapter.
Either party may appeal the circuit court's decision in the same manner
that other civil cases may be appealed.
SOURCE: ; (07)CR015401.22. -->
SECTION 22. [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.
Renumber all SECTIONS consecutively.
(Reference is to SB 154 as printed January 19, 2007.)
and when so amended that said bill do pass.
CR015401/DI 69 2007