SB 347-3_ Filed 02/17/2011, 10:49 Gard
Adopted 2/17/2011



    I move
that Senate Bill 347 be amended to read as follows:

SOURCE: Page 1, line 1; (11)MO034704.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 13-23-3-5; (11)MO034704.1. -->     "SECTION 1. IC 13-23-3-5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. (a) The department shall establish a training program:
        (1) on an Internet web site; and
        (2) that complies with the requirements of the federal Energy Policy Act of 2005 (P.L.109-58).
    (b) The department may use the excess liability trust fund to pay expenses related to the training program established under subsection (a).
SOURCE: Page 2, line 6; (11)MO034704.2. -->     Page 2, line 6, delete "for the expenses of" and insert " expenses incurred by".
    Page 2, line 7, delete "to establish and implement" and insert " in establishing and implementing".
    Page 2, line 10, after "complies" insert " with".
    Page 2, line 14, strike "ten" and insert " eleven".
    Page 2, line 15, strike "(10%)" and insert " (11%)".
    Page 4, line 7, delete "(h)" and insert " (i)".
    Page 4, line 19, delete "those costs" and insert " the reasonable costs of a corrective action, including investigation,".
    Page 4, line 21, after "occurred." insert " For purposes of this subsection, reasonable costs of a corrective action are subject to the rules adopted by the underground storage tank financial assurance board that relate to reimbursement issued by the excess liability trust fund.".
    Page 4, line 26, delete "Before a person:" and insert " As soon as practicable after the discovery of a storage tank, a person who:".
    Page 4, line 27, delete "significant".
    Page 4, line 31, delete "the person must" and insert " shall".
    Page 5, line 3, delete "time frames for" and insert " reasonable time frames to complete an".
    Page 5, line 4, delete "for".
    Page 5, between lines 8 and 9, begin a new paragraph and insert:
    " (g) If a person who provides a notice under subsection (f)(1) rejects a written offer or agreement that satisfies the provisions of subsection (f)(2), the person who submitted the written offer or agreement is entitled to seek a court order that limits the recovery of any attorney's fees, investigation costs, and corrective action costs incurred after the date of the written offer or agreement.".
    Page 5, line 9, delete "(g)" and insert " (h)".
    Page 5, line 22, delete "(h)" and insert " (i)".
    Page 5, line 32, delete "(g)." and insert " (h).".
    Page 5, line 35, delete "(i)" and insert " (j)".
    Page 5, line 38, delete "(j)" and insert " (k)".
    Page 5, line 42, delete "(k)" and insert " (l)".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 347 as printed February 16, 2011.)


Senator GARD

MO034704/DI 118