HB 1187-1_ Filed 04/04/2011, 12:27
COMMITTEE REPORT
MADAM PRESIDENT:
The Senate Committee on Energy and Environmental Affairs, to which was referred House Bill No.
1187, 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; (11)AM118702.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 13-11-2-16.6; (11)AM118702.1. -->
"SECTION 1. IC 13-11-2-16.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 16.6. "Biomass", for purposes of
sections 16.7 and 16.8 of this chapter and IC 13-20-10.5, means
biological material that is available on a renewable recurring basis
and is used as a source of renewable energy, including the
following:
(1) Agricultural crops.
(2) Agricultural wastes and residues.
(3) Wood and wood byproducts, including the following:
(A) Wood residue.
(B) Forest thinning.
(C) Mill residue wood.
(4) Animal wastes and byproducts, including manure.
(5) Aquatic plants.
(6) Algae.
(7) Byproducts of processing agricultural crops.
SOURCE: IC 13-11-2-16.7; (11)AM118702.2. -->
SECTION 2. IC 13-11-2-16.7 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 16.7. "Biomass anaerobic
digestion facility", for purposes of IC 13-20-10.5:
(1) means a facility that incorporates equipment that
promotes the decomposition of biomass to simple organics
and biogas products in the oxygen free environment of a
closed, sealed chamber; and
(2) includes a methane recovery system.
SOURCE: IC 13-11-2-16.8; (11)AM118702.3. -->
SECTION 3. IC 13-11-2-16.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 16.8. "Biomass gasification
facility", for purposes of IC 13-20-10.5, means a facility that
incorporates equipment to carry out a thermochemical process
that, with little or no oxygen present, converts biomass into a
synthesis gas.
SOURCE: IC 13-11-2-40; (11)AM118702.4. -->
SECTION 4. IC 13-11-2-40, AS AMENDED BY P.L.127-2009,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 40. "Confined feeding operation" for purposes of
IC 13-18-10, means:
(1) any confined feeding of:
(A) at least three hundred (300) cattle;
(B) at least six hundred (600) swine or sheep;
(C) at least thirty thousand (30,000) fowl; or
(D) at least five hundred (500) horses.
(2) any animal feeding operation electing to be subject to
IC 13-18-10; or
(3) any animal feeding operation that is causing a violation of:
(A) water pollution control laws;
(B) any rules of the water pollution control board; or
(C) IC 13-18-10.
A determination by the department under this subdivision is appealable
under IC 4-21.5.
SOURCE: IC 13-11-2-71; (11)AM118702.5. -->
SECTION 5. IC 13-11-2-71, AS AMENDED BY P.L.127-2009,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 71. "Environmental management laws" refers to
the following:
(1) IC 13-12-2 and IC 13-12-3.
(2) IC 13-13.
(3) IC 13-14.
(4) IC 13-15.
(5) IC 13-16.
(6) IC 13-17-3-15, IC 13-17-8-10, IC 13-17-10, and IC 13-17-11.
(7) IC 13-18-10,
IC 13-18-10.5, IC 13-18-12, IC 13-18-13-31,
and IC 13-18-15 through IC 13-18-20.
(8) IC 13-19-1, IC 13-19-4, and IC 13-19-5-17.
(9) IC 13-20-1, IC 13-20-2, IC 13-20-4 through IC 13-20-15,
IC 13-20-17.7, IC 13-20-19 through IC 13-20-21, and
IC 13-20-22-21.
(10) IC 13-22.
(11) IC 13-23.
(12) IC 13-24.
(13) IC 13-25-1 through IC 13-25-5.
(14) IC 13-27-8.
(15) IC 13-30, except IC 13-30-1.
SOURCE: IC 13-11-2-79.5; (11)AM118702.6. -->
SECTION 6. IC 13-11-2-79.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 79.5. "Fertilizer material", for
purposes of IC 13-18-4-5, has the meaning set forth in
IC 15-16-2-11.".
SOURCE: Page 2, line 6; (11)AM118702.2. -->
Page 2, between lines 6 and 7, begin a new paragraph and insert:
SOURCE: IC 13-11-2-158; (11)AM118702.7. -->
"SECTION 7. IC 13-11-2-158, AS AMENDED BY P.L.137-2007,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 158. (a) "Person", for purposes of:
(1) IC 13-21;
(2) air pollution control laws;
(3) water pollution control laws; and
(4) environmental management laws, except as provided in
subsections (c), (d), (e), and (h);
means an individual, a partnership, a copartnership, a firm, a company,
a corporation, an association, a joint stock company, a trust, an estate,
a municipal corporation, a city, a school city, a town, a school town, a
school district, a school corporation, a county, any consolidated unit of
government, political subdivision, state agency, a contractor, or any
other legal entity.
(b) "Person", for purposes of:
(1) IC 13-18-10;
(2) IC 13-18-10.5;
(3) IC 13-20-10.5; and
(2) (4) IC 13-20-17;
means an individual, a partnership, a copartnership, a firm, a company,
a corporation, an association, a joint stock company, a trust, an estate,
a political subdivision, a state agency, or other legal entity, or their
legal representative, agent, or assigns.
(c) "Person", for purposes of:
(1) IC 13-20-13;
(2) IC 13-20-14;
(3) IC 13-20-16; and
(4) IC 13-25-6;
means an individual, a corporation, a limited liability company, a
partnership, or an unincorporated association.
(d) "Person", for purposes of IC 13-23, has the meaning set forth in
subsection (a). The term includes a consortium, a joint venture, a
commercial entity, and the United States government.
(e) "Person", for purposes of IC 13-20-17.5 and IC 13-25-3, means
an individual, a corporation, a limited liability company, a partnership,
a trust, an estate, or an unincorporated association.
(f) "Person", for purposes of IC 13-26, means an individual, a firm,
a partnership, an association, a limited liability company, or a
corporation other than an eligible entity.
(g) "Person", for purposes of IC 13-29-1, means any individual,
corporation, business enterprise, or other legal entity either public or
private and any legal successor, representative, agent, or agency of that
individual, corporation, business enterprise, or legal entity.
(h) "Person", for purposes of IC 13-30-8-1, has the meaning set forth
in IC 35-41-1.".
SOURCE: Page 2, line 23; (11)AM118702.2. -->
Page 2, between lines 23 and 24, begin a new paragraph and insert:
SOURCE: IC 13-11-2-205; (11)AM118702.8. -->
"SECTION 8. IC 13-11-2-205 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 205. (a) "Solid waste",
for purposes of IC 13-19, IC 13-21, IC 13-20-22, and environmental
management laws, except as provided in subsection (b), means any
garbage, refuse, sludge from a waste treatment plant, sludge from a
water supply treatment plant, sludge from an air pollution control
facility, or other discarded material, including solid, liquid, semisolid,
or contained gaseous material resulting from industrial, commercial,
mining, or agricultural operations or from community activities. The
term does not include:
(1) solid or dissolved material in:
(A) domestic sewage; or
(B) irrigation return flows or industrial discharges;
that are point sources subject to permits under Section 402 of the
Federal Water Pollution Control Act Amendments (33 U.S.C.
1342);
(2) source, special nuclear, or byproduct material (as defined by
the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.));
(3) manures or crop residues returned to the soil at the point of
generation as fertilizers or soil conditioners as part of a total farm
operation; or
(4) vegetative matter at composting facilities registered under
IC 13-20-10.
(b) "Solid waste", for purposes of IC 13-20-5, IC 13-20-22, and
IC 13-21, does not include the following:
(1) A waste that is regulated under the following:
(A) IC 13-22-1 through IC 13-22-8.
(B) IC 13-22-13 through IC 13-22-14.
(2) An infectious waste (as defined in IC 16-41-16-4) that is
disposed of at an incinerator permitted under rules adopted by the
solid waste management board to dispose of infectious waste.
(c) "Solid waste", for purposes of IC 13-26, means all putrescible
and nonputrescible solid and semisolid wastes, except human excreta.
The term includes garbage, rubbish, ashes, street cleanings, dead
animals, offal, and solid commercial, industrial, and institutional
wastes.
SOURCE: IC 13-18-4-5; (11)AM118702.9. -->
SECTION 9. IC 13-18-4-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5.
(a) Except as
provided in subsection (b), a person may not:
(1) throw, run, drain, or otherwise dispose;
into any of the streams
or waters of Indiana; or
(2) cause, permit, or suffer to be thrown, run, drained, allowed to
seep, or otherwise disposed;
into any waters;
into any of the streams or waters of Indiana any organic or inorganic
matter that causes or contributes to a polluted condition of any
of the
streams or waters
of Indiana, as determined by a rule of the board
adopted under sections 1 and 3 of this chapter.
(b) Subsection (a) does not apply to organic or inorganic matter
that consists of fertilizer material contained in:
(1) runoff from a storm event; or
(2) irrigation return flow;
entering the waters of Indiana as a result of land application of
fertilizer material in compliance with rules adopted by the state
chemist under IC 15-16-2-44.
(c) The department shall request documentation of compliance
with subsection (b) before a notice of violation can be issued.
(d) A person has thirty (30) days to submit documentation after
receiving a request under subsection (c).
(e) The department may issue a notice of violation for failure to
comply with subsection (d). No notice of violation can be issued if
the department determines that a person complied with subsection
(b).
(f) Before the rules for land application of fertilizer materials
adopted under IC 15-16-2-44 by the state chemist take effect, a
person may meet the requirements under subsection (b) if the
person maintains documentation of compliance with:
(1) the conditions for land application of manure
requirements under IC 13-18-10; or
(2) the National Resources Conservation Services land
application standards.
(g) Subsection (b) does not affect liability for killing wild
animals under IC 14-22-10-6.".
SOURCE: Page 2, line 35; (11)AM118702.2. -->
Page 2, after line 35, begin a new paragraph and insert:
SOURCE: IC 13-20-10.5; (11)AM118702.10. -->
"SECTION 10. IC 13-20-10.5 IS ADDED TO THE INDIANA
CODE AS A NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Chapter 10.5. Biomass Anaerobic Digestion Facilities and
Biomass Gasification Facilities
Sec. 1. (a) A person may not after June 30, 2011, start:
(1) construction of:
(A) a biomass anaerobic digestion facility; or
(B) a biomass gasification facility; or
(2) expansion of:
(A) a biomass anaerobic digestion facility; or
(B) a biomass gasification facility;
without obtaining prior approval of the department.
(b) A person who proposes to construct or expand a biomass
anaerobic digestion facility or a biomass gasification facility on the
premises of a confined feeding operation must obtain the prior
approval required under subsection (a) through the approval
process for confined feeding operations under IC 13-18-10 and
rules implementing that chapter.
Sec. 2. Except as provided in section 3 of this chapter, a biomass
anaerobic digestion facility or a biomass gasification facility for
which the only input is biomass is not subject to regulation as a
solid waste processing facility.
Sec. 3. (a) The department may determine that a biomass
anaerobic digestion facility or a biomass gasification facility for
which the input is a combination of biomass and solid waste is
subject to regulation as a solid waste processing facility.
(b) Anaerobic digestion and gasification facilities required to
maintain a permit under IC 13-17 are not required to seek
approval under this chapter.
Sec. 4. The board may adopt rules under IC 4-22-2 and
IC 13-14-9 to implement this chapter.
SOURCE: IC 15-16-2-44; (11)AM118702.11. -->
SECTION 11. IC 15-16-2-44, AS AMENDED BY P.L.81-2009,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 44. (a) The state chemist may adopt rules under
IC 4-22-2 concerning the following:
(1) The distribution and use of fertilizer material,
including
standards to protect waters of the state.
(2) The distribution and storage of bulk fertilizers, including
standards for the storage of bulk fertilizers to protect the waters
of the state.
(b) The state chemist shall adopt rules under IC 4-22-2 concerning
the following:
(1) Subject to subsection
(d), (e), the establishment of
certification and educational programs, as determined by the state
chemist, relating to the application of fertilizer material, the
transportation of fertilizer material, or both for the following:
(A) Persons who apply fertilizer material for hire, transport
fertilizer material for hire, or both.
(B) Persons who apply fertilizer material, transport fertilizer
material, or both from the following:
(i) Confined feeding operations (as defined in
IC 13-11-2-40).
(ii) Operations outside Indiana that would be confined
feeding operations (as defined in IC 13-11-2-40) if they
were located in Indiana.
(2) The establishment of fees for the certification and education
programs established under subdivision (1).
(c) The state chemist shall adopt rules under IC 4-22-2 before
July 1, 2012, concerning the staging, management, and land
application of fertilizer material.
(c) (d) Any fees collected for a certification and educational
programs under subsection (b)(1) shall be collected by the state
chemist and deposited and administered under section 44.5 of this
chapter.
(d) (e) The state chemist may waive all or part of the certification
requirements established under subsection (b)(1) on a reciprocal basis
with any state agency or federal agency that has substantially the same
certification standards.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1187 as printed January 28, 2011.)
and when so amended that said bill do pass .
Committee Vote: Yeas 6, Nays 0.
____________________________________
Senator Gard, Chairperson
AM 118702/DI 118 2011