Citations Affected: P.L.248-1996, SECTION 1.
Synopsis: Environmental quality service council extension.
Reestablishes and extends the environmental quality service council
(EQSC) through December 31, 2005. Repeals the current EQSC
enabling statute (which expires December 31, 2000).
Effective: Upon passage.
January 8, 2001, read first time and referred to Committee on Rules and Legislative
Procedure.
A BILL FOR AN ACT concerning environmental law.
SECTION 1. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "council" refers to the environmental quality service
council established by subsection (c).
(b) As used in this SECTION, "department" refers to the
department of environmental management.
(c) The environmental quality service council is established.
(d) The council consists of twenty-four (24) members appointed
as follows:
(1) Four (4) members of the senate, not more than two (2) of
whom may be affiliated with the same political party, to be
appointed by the president pro tempore of the senate.
(2) Four (4) members of the house of representatives, not
more than two (2) of whom may be affiliated with the same
political party, to be appointed by the speaker of the house of
representatives.
(3) The commissioner of the department or the
commissioner's designee.
(4) Fifteen (15) individuals who are not members of the
general assembly and who are appointed by the governor as
follows:
(A) Four (4) individuals representing business and
industry, not more than two (2) of whom may be affiliated
with the same political party.
(B) Four (4) individuals representing local government, not
more than two (2) of whom may be affiliated with the same
political party.
(C) Two (2) individuals representing environmental
organizations, not more than one (1) of whom may be
affiliated with the same political party.
(D) Two (2) individuals representing the general public,
not more than one (1) of whom may be affiliated with the
same political party.
(E) Three (3) individuals representing the following
interests:
(i) One (1) representative of semipublic permittees.
(ii) Two (2) representatives of agriculture, not more than
one (1) of whom may be affiliated with the same political
party.
Until an appointment is made under clause (A), (B), (C), or
(E), an unfilled position shall be held by the corresponding
member of the environmental quality service council serving
on December 31, 2000, who was appointed under
P.L.248-1996, SECTION 1(d)(4), and who represented the
same interest as that of the unfilled position.
(e) Appointments are valid for two (2) years after the date of the
appointment. However, a member shall serve on the council until
a new appointment is made.
(f) A vacancy among the members of the council shall be filled
by the appointing authority of the member whose position is
vacant. If the appointing authority does not fill a vacancy within
sixty (60) days after the date the vacancy occurs, the vacancy shall
be filled by the chairman of the legislative council.
(g) The chairman of the legislative council shall designate a
member of the council to be the chairman of the council.
(h) The chairman of the council shall call for the council to meet
at least six (6) times during a calendar year. The chairman may
designate subcommittees to meet between committee meetings and
report back to the full council.
(i) Each member of the council is entitled to receive the same
per diem, mileage, and travel allowances paid to individuals who
serve as legislative and lay members, respectively, serving on
interim study committees established by the legislative council.
(j) The council shall do the following:
(1) Advise the commissioner of the department on policy
issues decided upon by the council.
(2) Review the mission and goals of the department and
evaluate the implementation of the mission.
(3) Serve as a council of the general assembly to evaluate:
(A) resources and structural capabilities of the department
to meet the department's priorities; and
(B) program requirements and resource requirements for
the department.
(4) Serve as a forum for citizens, the regulated community,
and legislators to discuss broad policy directions.
(5) Submit a final report to the governor, the general
assembly, the budget committee, and the administrative rules
oversight committee established by
IC 2-5-18
before
November 1, 2001, and before November 1 each year
thereafter, that contains:
(A) an outline of activities of the council;
(B) recommendations for any department action;
(C) recommendations for any legislative action; and
(D) an estimate of funding levels required by the
department, including an evaluation of permit fees.
(k) The commissioner of the department shall report to the
council each month concerning the following:
(1) Permitting programs and technical assistance.
(2) Proposed rules and rulemaking in progress.
(3) The financial status of the department.
(4) Any additional matter requested by the council.
(l) The council shall:
(1) operate under procedures; and
(2) issue reports and recommendations;
as directed by the legislative council.
(m) The legislative services agency shall provide staff support
to the council.
(n) This SECTION expires December 31, 2005.
SECTION 2. P.L.248-1996, SECTION 1 IS REPEALED
[EFFECTIVE UPON PASSAGE].
SECTION 3. An emergency is declared for this act.