January 30, 2004





HOUSE BILL No. 1017

_____


DIGEST OF HB 1017 (Updated January 28, 2004 3:57 pm - DI 69)



Citations Affected: IC 13-23.

Synopsis: Underground storage tank penalties. Prohibits a penalty from being assessed against the owner of an underground storage tank for: (1) failing to register the tank; or (2) any failure to pay an annual registration fee in connection with the tank due before January 1, 2004, if the owner registered the tank before January 1, 2004.

Effective: July 1, 2004.





Grubb, Wolkins, Bottorff




    December 4, 2003, read first time and referred to Committee on Environmental Affairs.
    January 29, 2004, amended, reported _ Do Pass.






January 30, 2004

Second Regular Session 113th General Assembly (2004)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1017



    A BILL FOR AN ACT to amend the Indiana Code concerning environmental law and to make an appropriation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 13-23-12-7; (04)HB1017.1.1. -->     SECTION 1. IC 13-23-12-7, AS AMENDED BY P.L.14-2001, SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 7. (a) Except as provided in subsection (e), an owner of an underground storage tank who:
        (1) is required to pay the fee under section 1 of this chapter; and
        (2) fails to pay the fee when due as established under section 2 of this chapter;
shall be assessed a penalty of not more than two thousand dollars ($2,000) per underground storage tank for each year that passes after the fee becomes due and before the fee is paid.
    (b) Except as provided in subsection (c), each penalty assessed under this section and collected from the owner of an underground petroleum storage tank shall be deposited as follows:
        (1) Fifty percent (50%) shall be deposited in the petroleum trust fund.
        (2) Fifty percent (50%) shall be deposited in the excess liability trust fund.
    (c) Penalties assessed under this section and collected from owners of underground storage tanks used to contain regulated substances other than petroleum shall be deposited in the hazardous substances response trust fund.
    (d) The penalty set forth in this section is in addition to the penalties that may be imposed under the following:
    (1) IC 13-23-14-2.
    (2) IC 13-23-14-3.
    (3) IC 13-23-14-4.
    (4) IC 13-30-4.
    (5) IC 13-30-5.
    (6) IC 13-30-6.
    (7) IC 13-30-8.
     (e) If an owner described in subsection (a) registered an underground storage tank before January 1, 2004, the penalty established in subsection (a) may not be assessed against the owner for:
        (1) failing to register the underground storage tank; or
        (2) any failure to pay an annual registration fee under section 1 of this chapter:
            (A) in connection with the underground storage tank; and
            (B) that was due before January 1, 2004.