HB 1059-1_ Filed 02/01/2005, 10:20 Grubb
Adopted 2/1/2005
Text Box
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
[
HOUSE MOTION ____
]
MR. SPEAKER:
I move that House Bill 1059 be amended to read as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law and to make an appropriation.
SOURCE: Page 2, line 25; (05)MO105901.2. -->
Page 2, delete lines 25 through 42, begin a new paragraph and insert:
SOURCE: IC 13-22-7.5; (05)MO105901.2. -->
"SECTION 2. IC 13-22-7.5 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 7.5. Transportation of Chemical Munitions
Sec. 1. This chapter applies to a person that transports:
(1) a chemical munition referred to in 329 IAC 3.1-6-3, as in
effect on January 1, 2005; or
(2) hazardous waste derived from the destruction or treatment
of a chemical munition referred to in subdivision (1).
Sec. 2. (a) Before transporting a substance referred to in section
1 of this chapter, a person must file with the department, state
police department, and state emergency management agency the
following:
(1) A written transport risk analysis that:
(A) accounts for the type and quantity of hazardous waste
to be transported;
(B) identifies each type of incident that could:
(i) occur during the transport; and
(ii) result in harm to the public health or environment;
(C) assesses the likelihood of the occurrence of each type of
incident referred to in clause (B);
(D) identifies the magnitude of the potential harm to the
public health or environment associated with each type of
incident referred to in clause (B); and
(E) is written in a manner understandable to:
(i) the scientific community; and
(ii) the public.
(2) A written transport safety plan that:
(A) is tailored to the risks described in subdivision (1);
(B) demonstrates that the driver of each vehicle to be used
in the transport is appropriately trained and licensed;
(C) demonstrates for each part of the transport route that
appropriate procedures and facilities will be in place for
immediate:
(i) medical response;
(ii) environmental response;
(iii) security response; and
(iv) evacuation of the area; and
(D) provides for submitting notice to the department
before the first shipment of each particular chemical
munition or hazardous waste described in section 1 of the
chapter is transported.
(b) A notice submitted under the transport safety plan provision
described in subsection (a)(2)(D) must include the estimated
shipment schedule for each chemical munition or hazardous waste
for the duration of the transport activity. A person who transports
a chemical munition or hazardous waste described in subsection (a)
shall immediately notify the department of any major variations
from the estimated shipment schedule provided under this
subsection.
Sec. 3. (a) A person who transports a substance referred to in
section 1 of this chapter shall submit a transportation fee of two
hundred dollars ($200) to the commissioner for each shipment of
a substance.
(b) The commissioner shall deposit fees collected under this
section in the chemical munitions response fund established in
section 4 of this chapter.
Sec. 4. (a) The chemical munitions response fund is established
for the following purposes:
(1) Fifty percent (50%) of the money in the fund shall be
distributed to counties that contain a hazardous waste facility
described in IC 13-22-3-10 that is used for the destruction or
treatment of a chemical munition for the following purposes:
(A) To provide appropriate education, training, and
equipment to local emergency responders concerning
substances referred to in section 1 of this chapter.
(B) To repair and maintain roads used to transport
substances referred to in section 1 of this chapter.
(C) To prevent, prepare for, and respond to acts of
terrorism involving substances referred to in section 1 of
this chapter.
(D) Any other purpose associated with:
(i) the transportation of; or
(ii) public safety issues concerning;
substances referred to in section 1 of this chapter.
(2) Fifty percent (50%) of the money in the fund shall be
distributed to state agencies that are involved in the
transportation of substances referred to in section 1 of this
chapter for the following purposes:
(A) To provide appropriate education, training, and
equipment to state emergency responders concerning
substances referred to in section 1 of this chapter.
(B) To repair and maintain roads used to transport
substances referred to in section 1 of this chapter.
(C) To prevent, prepare for, and respond to acts of
terrorism involving substances referred to in section 1 of
this chapter.
(D) Any other purpose associated with:
(i) the transportation of; or
(ii) public safety issues concerning;
substances referred to in section 1 of this chapter.
(b) Sources of money for the fund consist of transportation fees
deposited under section 3(b) of this chapter.
(c) The department shall administer the fund. Money in the fund
is annually appropriated to the department to be used for purposes
described in subsection (a).
(d) The expenses of administering the fund shall be paid from
money in the fund.
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(f) Money in the fund at the end of a fiscal year does not revert
to the state general fund.".
SOURCE: Page 3, line 1; (05)MO105901.3. -->
Page 3, delete lines 1 through 32.
(Reference is to HB 1059 as printed January 26, 2005.)
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MO105901/DI 69 2005