SB 234-1_ Filed 01/18/2006, 12:06
Adopted 1/19/2006
COMMITTEE REPORT
MADAM PRESIDENT:
The Senate Committee on Energy and Environmental Affairs, to which was referred Senate
Bill No. 234, 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; (06)CR023401.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 4-21.5-2-5; (06)CR023401.1. -->
"SECTION 1. IC 4-21.5-2-5, AS AMENDED BY P.L.4-2005,
SECTION 19, P.L.229-2005, SECTION 1, AND P.L.235-2005,
SECTION 60, IS CORRECTED AND AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. This article does not
apply to the following agency actions:
(1) The issuance of a warrant or jeopardy warrant for the
collection of taxes.
(2) A determination of probable cause or no probable cause by the
civil rights commission.
(3) A determination in a factfinding conference of the civil rights
commission.
(4) A personnel action, except review of a personnel action by the
state employees appeals commission under IC 4-15-2 or a
personnel action that is not covered by IC 4-15-2 but may be
taken only for cause.
(5) A resolution, directive, or other action of any agency that
relates solely to the internal policy, organization, or procedure of
that agency or another agency and is not a licensing or
enforcement action. Actions to which this exemption applies
include the statutory obligations of an agency to approve or ratify
an action of another agency.
(6) An agency action related to an offender within the jurisdiction
of the department of correction.
(7) A decision of the Indiana economic development corporation,
the office of tourism development, the department of
environmental management, the tourist information and grant fund
review committee (before the repeal of the statute that created
the tourist information and grant fund review committee), the
Indiana development finance authority, the corporation for
innovation development, or the lieutenant governor that concerns
a grant, loan, bond, tax incentive, or financial guarantee.
(8) A decision to issue or not issue a complaint, summons, or
similar accusation.
(9) A decision to initiate or not initiate an inspection,
investigation, or other similar inquiry that will be conducted by
the agency, another agency, a political subdivision, including a
prosecuting attorney, a court, or another person.
(10) A decision concerning the conduct of an inspection,
investigation, or other similar inquiry by an agency.
(11) The acquisition, leasing, or disposition of property or
procurement of goods or services by contract.
(12) Determinations of the department of workforce development
under IC 22-4-18-1(g)(1), IC 22-4-40, or IC 22-4-41.
(13) A decision under IC 9-30-12 of the bureau of motor vehicles
to suspend or revoke the a driver's license, a driver's permit, a
vehicle title, or a vehicle registration of an individual who
presents a dishonored check.
(14) An action of the department of financial institutions under
IC 28-1-3.1 or a decision of the department of financial
institutions to act under IC 28-1-3.1.
(15) A determination by the NVRA official under IC 3-7-11
concerning an alleged violation of the National Voter Registration
Act of 1993 (42 U.S.C. 1973gg) or IC 3-7.
(16) Imposition of a civil penalty under IC 4-20.5-6-8 if the rules
of the Indiana department of administration provide an
administrative appeals process.
(17) A determination of status as a member of or participant
in an environmental performance based program developed
and implemented under IC 13-27-8.".
SOURCE: Page 11, line 6; (06)CR023401.11. -->
Page 11, between lines 6 and 7, begin a new line double block
indented and insert:
" (B) Waste minimization.".
Page 11, line 7, delete "(B)" and insert " (C)".
Page 11, line 8, delete "(C)" and insert " (D)".
Page 12, line 3, after "prevention" insert " and waste minimization".
Page 12, between lines 4 and 5, begin a new paragraph and insert:
SOURCE: ; (06)CR023401.13. -->
"SECTION 13. P.L.231-2003, SECTION 4, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: SECTION 4. (a)
As used in this SECTION, "board" refers to the water pollution control
board established by IC 13-18-1.
(b) All waters designated under 327 IAC 2-1.5-19(b) as outstanding
state resource waters shall be maintained and protected in their present
quality in accordance with the antidegradation implementation
procedures for the outstanding state resource waters established by the
board for waters in the Great Lakes system. This SECTION does not
affect Nothing except IC 13-18-3-2 affects the authority of the board
to amend 327 IAC 5-2-11.7. Any rule adopted by the board contrary to
this standard is void.
(c) All waters designated as outstanding state resource waters under
327 IAC 2-1-2(3) and waters designated as exceptional use waters
under 327 IAC 2-1-6(i) shall be maintained and protected in accordance
with 327 IAC 2-1-2(1) and 327 IAC 2-1-2(2). If a permittee seeks a
new or increased discharge for which a new or increased permit limit
is required and that amounts to a significant lowering of water quality,
the permittee shall demonstrate an overall improvement in water quality
in the outstanding state resource water or exceptional use water, subject
to:
(1) the approval of the department of environmental management;
and
(2) IC 13-18-3-2(m)(2)(A) and IC 13-18-3-2(m)(2)(B).
(d) Any rule adopted by the board before the effective date of this
SECTION July 1, 2006, is void to the extent that it:
(1) is inconsistent with this SECTION; or
(2) requires protection of waters beyond the protection required by
327 IAC 2-1-2(1) and 327 IAC 2-1-2(2).
(e) Before July 1, 2004, 2008, the board shall amend 327 IAC 2-1-2,
327 IAC 2-1-6, and 327 IAC 2-1.5-4 to reflect this SECTION.
(f) This SECTION expires on the earlier of:
(1) the effective date of the rule amendments adopted by the board
under subsection (e); or
(2) July 1, 2006. 2008.
SOURCE: ; (06)CR023401.14. -->
SECTION 14. P.L.231-2003, SECTION 5, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: SECTION 5. (a)
Until July 1,
2004, 2008, the following apply to a water body
designated before October 1, 2002, as an exceptional use water:
(1) The water body is subject to the overall water quality
improvement provisions of IC 13-18-3-2(l).
(2) The water body is not subject to a standard of having its water
quality maintained and protected without degradation consistent
with the provisions of P.L.140-2000.
(b) Before July 1,
2004, 2008, the water pollution control board
established under IC 13-18-1 shall:
(1) determine whether, effective July 1,
2004, 2008, to designate
as an outstanding state water each water designated before
October 1, 2002, as an exceptional use water under 327
IAC 2-1-11; and
(2) complete rulemaking to make any designation determined
under subdivision (1).
(c) This SECTION expires July 1,
2006. 2008.".
Renumber all SECTIONS consecutively.
(Reference is to SB 234 as introduced.)
and when so amended that said bill do pass.
Committee Vote: Yeas 7, Nays 2.
____________________________________
Gard
CR023401/DI 52 2006