SB 205-1_ Filed 02/20/2007, 09:08 ChairPerson
Adopted 2/20/2007

COMMITTEE REPORT




MADAM PRESIDENT:

    The Senate Committee on Energy and Environmental Affairs, to which was referred Senate Bill No. 205, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 1, line 1; (07)AM020502.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 13-11-2-157.5; (07)AM020502.1. -->     "SECTION 1. IC 13-11-2-157.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 157.5. "Permit rules", for purposes of IC 13-15-3 and IC 13-15-7, refers to any of the following:
        (1) 326 IAC 2-1.1-9.
        (2) 326 IAC 2-2-8.
        (3) 327 IAC 3-2-3.
        (4) 327 IAC 3-2-5.
        (5) 327 IAC 8-3-2.
        (6) 327 IAC 8-3.5-10.
        (7) 327 IAC 15-5-12.
        (8) 327 IAC 15-6-10.
        (9) 327 IAC 15-13-19.
".
SOURCE: Page 1, line 17; (07)AM020502.1. -->     Page 1, line 17, delete "chapter;" and insert " chapter that authorizes construction;".
    Page 2, line 3, delete "different" and insert " shorter".
    Page 2, line 3, delete "another statute during" and insert

" IC 13-18-10-2.2 or permit rules;".
    Page 2, delete line 4.
    Page 2, delete lines 8 through 17, begin a new paragraph and insert:
    " (d) A period described in subsection (c) for a person to commence construction is tolled pending either of the following regarding the construction permit:
        (1) An administrative appeal.
        (2) A judicial review.
".
    Page 2, delete lines 36 through 40.
    Page 2, line 41, delete "(d)" and insert " (c)".
    Page 3, line 4, after "1." insert " (a)".
    Page 3, line 19, delete "different" and insert " shorter".
    Page 3, line 19, delete "another statute during" and insert " IC 13-18-10-2.2 or permit rules.".
    Page 3, delete lines 20 through 27.
    Page 3, line 28, delete "(7)" and insert " (6)".
    Page 3, after line 32, begin a new paragraph and insert:
    " (b) A period described in subsection (a)(5) for a person to commence construction is tolled pending either of the following regarding the construction permit:
        (1) An administrative appeal.
        (2) A judicial review.
".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 205 as introduced.)

and when so amended that said bill do pass .

Committee Vote: Yeas 9, Nays 0.

____________________________________

Senator Gard, Chairperson


AM 020502/DI 52    2007