January 8, 2007, read first time and referred to Committee on Energy and Environmental
Affairs.
Introduced
First Regular Session 115th General Assembly (2007)
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,
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2006 Regular Session of the General Assembly.
SENATE BILL No. 154
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-22-2-37.1; (07)IN0154.1.1. -->
SECTION 1. IC 4-22-2-37.1, AS AMENDED BY P.L.47-2006,
SECTION 2, AS AMENDED BY P.L.91-2006, SECTION 2, AND AS
AMENDED BY P.L.123-2006, SECTION 12, IS CORRECTED AND
AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 37.1. (a) This section applies to a rulemaking action
resulting in any of the following rules:
(1) An order adopted by the commissioner of the Indiana
department of transportation under IC 9-20-1-3(d) or
IC 9-21-4-7(a) and designated by the commissioner as an
emergency rule.
(2) An action taken by the director of the department of natural
resources under IC 14-22-2-6(d) or IC 14-22-6-13.
(3) An emergency temporary standard adopted by the
occupational safety standards commission under
IC 22-8-1.1-16.1.
(4) An emergency rule adopted by the solid waste management
board under IC 13-22-2-3 and classifying a waste as hazardous.
(5) A rule, other than a rule described in subdivision (6), adopted
by the department of financial institutions under IC 24-4.5-6-107
and declared necessary to meet an emergency.
(6) A rule required under IC 24-4.5-1-106 that is adopted by the
department of financial institutions and declared necessary to
meet an emergency under IC 24-4.5-6-107.
(7) A rule adopted by the Indiana utility regulatory commission to
address an emergency under IC 8-1-2-113.
(8) An emergency rule adopted by the state lottery commission
under IC 4-30-3-9.
(9) A rule adopted under IC 16-19-3-5 that the executive board of
the state department of health declares is necessary to meet an
emergency.
(10) An emergency rule adopted by the Indiana finance authority
under IC 8-21-12.
(11) An emergency rule adopted by the insurance commissioner
under IC 27-1-23-7.
(12) An emergency rule adopted by the Indiana horse racing
commission under IC 4-31-3-9.
(13) An emergency rule adopted by the air pollution control
board, the solid waste management board, or the water pollution
control board under IC 13-15-4-10(4) or to comply with a
deadline required by
or other date provided by federal law,
provided:
(A)
the variance procedures are included in the rules; and
(B) permits or licenses granted during the period the
emergency rule is in effect are reviewed after the emergency
rule expires
.
(14) An emergency rule adopted by the Indiana election
commission under IC 3-6-4.1-14.
(15) An emergency rule adopted by the department of natural
resources under IC 14-10-2-5.
(16) An emergency rule adopted by the Indiana gaming
commission under
IC 4-32.2-3-3(b), IC 4-33-4-2, IC 4-33-4-3, or
IC 4-33-4-14.
(17) An emergency rule adopted by the alcohol and tobacco
commission under IC 7.1-3-17.5, IC 7.1-3-17.7, or
IC 7.1-3-20-24.4.
(18) An emergency rule adopted by the department of financial
institutions under IC 28-15-11.
(19) An emergency rule adopted by the office of the secretary of
family and social services under IC 12-8-1-12.
(20) An emergency rule adopted by the office of the children's
health insurance program under IC 12-17.6-2-11.
(21) An emergency rule adopted by the office of Medicaid policy
and planning under IC 12-15-41-15.
(22) An emergency rule adopted by the Indiana state board of
animal health under IC 15-2.1-18-21.
(23) An emergency rule adopted by the board of directors of the
Indiana education savings authority under IC 21-9-4-7.
(24) An emergency rule adopted by the Indiana board of tax
review under IC 6-1.1-4-34
(repealed).
(25) An emergency rule adopted by the department of local
government finance under IC 6-1.1-4-33
(repealed).
(26) An emergency rule adopted by the boiler and pressure vessel
rules board under IC 22-13-2-8(c).
(27) An emergency rule adopted by the Indiana board of tax
review under IC 6-1.1-4-37(l)
(repealed) or an emergency rule
adopted by the department of local government finance under
IC 6-1.1-4-36(j)
(repealed) or IC 6-1.1-22.5-20.
(28) An emergency rule adopted by the board of the Indiana
economic development corporation under IC 5-28-5-8.
(29) A rule adopted by the department of financial institutions
under IC 34-55-10-2.5.
(30) A rule adopted by the Indiana finance authority:
(A) under IC 8-15.5-7 approving user fees (as defined in
IC 8-15.5-2-10) provided for in a public-private agreement
under IC 8-15.5;
(B) under IC 8-15-2-17.2(a)(10):
(i) establishing enforcement procedures; and
(ii) making assessments for failure to pay required tolls;
(C) under IC 8-15-2-14(a)(3) authorizing the use of and
establishing procedures for the implementation of the
collection of user fees by electronic or other nonmanual
means; or
(D) to make other changes to existing rules related to a toll
road project to accommodate the provisions of a
public-private agreement under IC 8-15.5.
(b) The following do not apply to rules described in subsection (a):
(1) Sections 24 through 36 of this chapter.
(2) IC 13-14-9.
(c) After a rule described in subsection (a) has been adopted by the
agency, the agency shall submit the rule to the publisher for the
assignment of a document control number. The agency shall submit the
rule in the form required by section 20 of this chapter and with the
documents required by section 21 of this chapter. The publisher shall
determine the number of copies format of the rule and other documents
to be submitted under this subsection.
(d) After the document control number has been assigned, the
agency shall submit the rule to the secretary of state publisher for
filing. The agency shall submit the rule in the form required by section
20 of this chapter and with the documents required by section 21 of this
chapter. The secretary of state publisher shall determine the number
of copies format of the rule and other documents to be submitted under
this subsection.
(e) Subject to section 39 of this chapter, the secretary of state
publisher shall:
(1) accept the rule for filing; and
(2) file stamp and indicate electronically record the date and time
that the rule is accepted. on every duplicate original copy
submitted.
(f) A rule described in subsection (a) takes effect on the latest of the
following dates:
(1) The effective date of the statute delegating authority to the
agency to adopt the rule.
(2) The date and time that the rule is accepted for filing under
subsection (e).
(3) The effective date stated by the adopting agency in the rule.
(4) The date of compliance with every requirement established by
law as a prerequisite to the adoption or effectiveness of the rule.
(g) Subject to subsection (h), IC 14-10-2-5, IC 14-22-2-6,
IC 22-8-1.1-16.1, and IC 22-13-2-8(c), and except as provided in
subsections (j), and (k), and (l), a rule adopted under this section
expires not later than ninety (90) days after the rule is accepted for
filing under subsection (e). Except for a rule adopted under subsection
(a)(13), (a)(24), (a)(25), or (a)(27), the rule may be extended by
adopting another rule under this section, but only for one (1) extension
period. The extension period for a rule adopted under subsection
(a)(28) may not exceed the period for which the original rule was in
effect. A rule adopted under subsection (a)(13) may be extended for
two (2) extension periods. Subject to subsection (j), a rule adopted
under subsection (a)(24), (a)(25), or (a)(27) may be extended for an
unlimited number of extension periods. Except for a rule adopted under
subsection (a)(13), for a rule adopted under this section to be effective
after one (1) extension period, the rule must be adopted under:
(1) sections 24 through 36 of this chapter; or
(2) IC 13-14-9;
as applicable.
(h) A rule described in subsection (a)(6), (a)(8), (a)(12), or (a)(29)
expires on the earlier of the following dates:
(1) The expiration date stated by the adopting agency in the rule.
(2) The date that the rule is amended or repealed by a later rule
adopted under sections 24 through 36 of this chapter or this
section.
(i) This section may not be used to readopt a rule under IC 4-22-2.5.
(j) A rule described in subsection (a)(24) or (a)(25) expires not later
than January 1, 2006.
(k) A rule described in subsection (a)(28) expires on the expiration
date stated by the board of the Indiana economic development
corporation in the rule.
(l) A rule described in subsection (a)(30) expires on the expiration
date stated by the Indiana finance authority in the rule.
SOURCE: IC 13-14-9-1; (07)IN0154.1.2. -->
SECTION 2. IC 13-14-9-1, AS AMENDED BY P.L.100-2006,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) Except as provided in section sections
8 and 14 of this chapter, this chapter applies to the following:
(1) A board.
(2) The underground storage tank financial assurance board
established by IC 13-23-11-1.
(b) In addition to the requirements of IC 4-22-2 and IC 13-14-8, a
board may not adopt a rule except in accordance with this chapter.
SOURCE: IC 13-14-9-8; (07)IN0154.1.3. -->
SECTION 3. IC 13-14-9-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) Unless a
board determines
under section 5(c)(2) of this chapter that a proposed
rule should be subject to additional comments
or makes a
determination described in subsection (f), sections
3 and 4 2
through 14 of this chapter do not apply to a rulemaking action if the
commissioner determines that:
(1) the proposed rule constitutes:
(A) an adoption or incorporation by reference of a federal law,
regulation, or rule that:
(i) is or will be applicable to Indiana; and
(ii) contains no amendments that have a substantive effect
on the scope or intended application of the federal law or
rule;
(B) a technical amendment with no substantive effect on an
existing Indiana rule; or
(C) a substantive amendment to an existing Indiana rule, the
primary and intended purpose of which is to clarify the
existing rule; and
(2) the proposed rule is of such nature and scope that there is no
reasonably anticipated benefit to the environment or the persons
referred to in section 7(a)(2) of this chapter from the following:
(A) Exposing the proposed rule to diverse public comment
under section 3 or 4 of this chapter.
(B) Affording interested or affected parties the opportunity to
be heard under section 3 or 4 of this chapter.
(C) Affording interested or affected parties the opportunity to
develop evidence in the record collected under sections 3 and
4 of this chapter.
(b) If the commissioner makes a determination under subsection (a),
the commissioner shall prepare written findings under this section. The
full text of the commissioner's written findings shall be
(1) published in the Indiana Register before the public meeting
held under section 5(a)(1) of this chapter; and
(2) included in:
(1) the notice of adoption of the proposed rule; and
(2) the written materials to be considered by the board at the
public meeting hearing held under this section. 5(a)(1) of this
chapter.
(c) The notice of adoption of a proposed rule under this section
must:
(1) be published in the Indiana Register; and
(2) include the following:
(A) Draft rule language that includes the language
described in subsection (a)(1).
(B) A written comment period of at least thirty (30) days.
(C) A notice of public hearing before the appropriate
board.
(d) The department shall include the following in the written
materials to be considered by the board at the public hearing
referred to in subsection (c):
(1) The full text of the proposed rule as most recently
prepared by the department.
(2) Written responses of the department to written comments
received during the comment period referred to in subsection
(c).
(3) The commissioner's findings under subsection (b).
(e) At the public hearing referred to in subsection (c), the board
may:
(1) adopt the proposed rule;
(2) reject the proposed rule;
(3) determine that additional public comment is necessary; or
(4) determine to reconsider the proposed rule at a subsequent
board meeting.
(f) If the board determines under subsection (e) that additional
public comment is necessary, the department shall publish a second
notice in accordance with section 4 of this chapter and complete the
rulemaking in accordance with this chapter.
SOURCE: IC 13-14-9-12; (07)IN0154.1.4. -->
SECTION 4. IC 13-14-9-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. The board may
reject a proposed rule under section 9(4) of this chapter if one (1) of the
following conditions exists:
(1) The following occurs or has occurred:
(A) under section 8 of this chapter, sections 3 and 4 of this
chapter did not apply to the proposed rule; and
(B) either:
(i) the board determines that necessary amendments to the
proposed rule will affect persons that reasonably require an
opportunity to comment under section 4 of this chapter,
considering the criteria set forth in section
8(2) 8(a)(2) of
this chapter; or
(ii) the board determines that due to the fundamental or
inherent structure or content of the proposed rule, the only
reasonably anticipated method of developing a rule
acceptable to the board is to require the department to
redraft the rule and to obtain the public comments under
section 4 of this chapter.
or
(2) The following occurs or has occurred:
(A) the proposed rule was subject to sections 3 and 4 of this
chapter; and
(B) either:
(i) the board makes a determination set forth in subdivision
(1)(B)(i) or (1)(B)(ii); or
(ii) the board determines that, due to a procedural or other
defect in the implementation of the requirements under
sections 3 and 4 of this chapter, an interested or affected
party will be unfairly and substantially prejudiced if the
public comment period under section 4 of this chapter is not
again afforded and that no reasonable alternative method to
obtain public comments is available to the interested or
affected party other than the public comment period under
section 4 of this chapter.
SOURCE: ; (07)IN0154.1.5. -->
SECTION 5. [EFFECTIVE JULY 1, 2007] (a) The environmental
quality service council established under IC 13-13-7 shall study and
make findings and recommendations concerning the following:
(1) Shortening the environmental rulemaking process for
rules adopted under IC 13 by considering the following:
(A) Other state and local agency rulemaking processes.
(B) Other state environmental rulemaking processes.
(C) Negotiated rulemaking.
(D) Steps and requirements of rulemaking.
(E) Professional boards and the relationship between
boards and the office of environmental adjudication.
(2) The definition of recycling, including an investigation of
waste to energy definitions.
(b) The environmental quality service council shall include its
findings and recommendations developed under subsection (a) in
the council's 2007 final report to the legislative council.
(c) This SECTION expires January 1, 2008.