SB 458-1_ 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. 458, 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 2, line 17; (07)AM045802.2. -->     Page 2, delete lines 17 through 42, begin a new paragraph and insert:
SOURCE: IC 13-30-4-3; (07)AM045802.3. -->     "SECTION 3. IC 13-30-4-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007] : Sec. 3. (a) The department may waive up to one hundred percent (100%) of a civil penalty imposed on a business, a state agency, or a political subdivision for a minor violation of:
        (1) a requirement of environmental management laws;
        (2) a rule adopted by a board; or
        (3) any determination, permit, or order made or issued by the commissioner.
    (b) The department may not waive any part of a civil penalty under this section if the violation:
        (1) endangers or causes damage to public health or the environment;
        (2) is results from an intentional, willful, or criminal act, omission, or failure of a partner, officer, or director of the business, state agency, or political subdivision acting within the scope of that person's employment or office;
        (3) is of a requirement for which the department has previously

issued a notice or warning of violation, for this or a prior violation, to the business, state agency, or political subdivision required to correct the violation; or
        (4) is not corrected within ninety (90) days after the date the business, state agency, or political subdivision required to correct the violation notifies the department of the violation under subsection (c). The department may extend the ninety (90) day period for not more than an additional ninety (90) days.
    (c) To seek a waiver of a civil penalty under this section, the business, state agency, or political subdivision required to correct the violation must submit to the department a written report of the violation for which a waiver is sought. The report must be submitted to the department before an inspection by the department that discloses the violation or the issuance of a notice or warning of violation.
    (d) The boards may adopt rules to implement this section.".
    Delete page 3.
    (Reference is to SB 458 as introduced.)

and when so amended that said bill do pass .

Committee Vote: Yeas 9, Nays 0.

____________________________________

Senator Gard, Chairperson


AM 045802/DI 52    2007