Bill Text: IN SB0113 | 2013 | Regular Session | Introduced
Bill Title: Local air pollution control agency contracts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-07 - First reading: referred to Committee on Environmental Affairs [SB0113 Detail]
Download: Indiana-2013-SB0113-Introduced.html
Citations Affected: IC 13-17.
Synopsis: Local air pollution control agency contracts. Requires the
commissioner of the department of environmental management to enter
into a contract with a local air pollution control agency whenever the
local air pollution control agency is willing to enter into a contract.
Provides that, under such a contract, the local air pollution control
agency is to carry out certain air pollution control programs within its
jurisdiction. Specifies certain provisions that must be in a contract.
Effective: July 1, 2013.
January 7, 2013, read first time and referred to Committee on Environmental Affairs.
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
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word 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.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
(1) assist and cooperate with other groups interested in and affected by air pollution; and
(2) enter into a contractual agreement with a local air pollution control agency established or designated by a county, city, or town under IC 13-17-12-1 whenever the local air pollution control agency is willing to enter into the contract. The contract must do the following:
(A) Require the department to advise, consult, and cooperate with the local air pollution control agency.
(B) Require the department to provide technical assistance to the local air pollution control agency.
(C) Authorize the local air pollution control agency to undertake air pollution control activities, including:
(i) regional ambient air quality monitoring; and
(ii) within the local air pollution control agency's jurisdiction, issuing operating permits and operating permit revisions, performing compliance inspections, responding to complaints and emergencies, and initiating enforcement actions on behalf of the department.
(D) Authorize, as an alternative to actions described in clause (C), the local air pollution control agency to:
(i) issue operating permits and operating permit revisions;
(ii) perform compliance inspections;
(iii) respond to complaints and emergencies; and
(iv) initiate enforcement actions;
as authorized by local ordinances that are consistent with or more restrictive than the air pollution control laws.
(E) Provide, from money available to the department to carry out the air pollution control laws, fair monetary compensation to the local air pollution control agency for the air pollution control work performed on behalf of the department.
(F) Provide that the source of the monetary compensation provided to the local air pollution control agency may be any of the following:
(i) United States Environmental Protection Agency federal grant funding for the purpose of air pollution control program support activities funded under Section 105 of the federal Clean Air Act (42 U.S.C. 7405), as further described in Section 66.001 of the Catalog of Federal Domestic Assistance.
(ii) United States Environmental Protection Agency federal grant funding for the purpose of PM2.5 air monitoring activities funded under Section 103 of the federal Clean Air Act (42 U.S.C. 7403), as further described in Section 66.034 of the Catalog of Federal Domestic Assistance.
(iii) Annual operating fees established by 326 IAC 2 or its successor.
(iv) The environmental management special fund established by IC 13-14-12.
(v) Other revenue sources as approved by the governor and the budget agency.
(G) Provide monetary compensation to the local air pollution control agency at least sufficient to cover the
staffing and operating costs the local air pollution control
agency incurs for air pollution control work performed on
behalf of the department.
(H) Provide that the monetary compensation of the local
air pollution control agency is tied to the Consumer Price
Index (CPI) and shall be reviewed and adjusted within
thirty (30) days after the release of the January Consumer
Price Index for All Urban Consumers (CPI-U) issued by
the United States Bureau of Labor Statistics.
(I) Provide that if the local air pollution control agency
applies for grant funding described in clause (F)(i) or
(F)(ii), the commissioner shall approve and facilitate the
grant funding agreement between the United States
Environmental Protection Agency and the local air
pollution control agency.
(b) The commissioner may do the following:
(1) Advise, consult, and cooperate with:
(A) other state agencies;
(B) towns, cities, and counties;
(C) industries;
(D) other states;
(E) the federal government; and
(F) affected groups;
in the prevention and control of new and existing air
contamination sources within Indiana.
(2) Encourage and conduct studies, investigations, and research
relating to the following:
(A) Air pollution.
(B) The causes, effects, prevention, control, and abatement of
air pollution.
(3) Collect and disseminate information relating to the following:
(A) Air pollution.
(B) The prevention and control of air pollution.
(4) Encourage voluntary cooperation by persons, towns, cities,
and counties or other affected groups in restoring and preserving
a reasonable degree of purity of air within Indiana.
(5) Encourage authorized air pollution agencies of towns, cities,
and counties to handle air pollution problems within their
respective jurisdictions to the greatest extent possible.
(6) Upon request, provide technical assistance to towns, cities, or
counties requesting technical assistance for the furtherance of air
pollution control.
(7) Represent the state in all matters pertaining to plans, procedures, or negotiations for interstate compacts in relation to the control of air pollution.
(8) Accept and administer grants or other money or gifts for the purpose of carrying out any of the functions of air pollution control laws.
(1) enforcing local air pollution ordinances consistent with air pollution control laws; or
(2) adopting or enforcing more restrictive ordinances to further the expressed purposes of air pollution control laws.
(b) A county, city, or town that adopts an ordinance described in subsection (a) must establish or designate an agency to act as a local air pollution control agency to:
(1) enforce ordinances adopted under this section; and
(2) undertake air pollution control efforts on behalf of the department of environmental management under a contract entered into under IC 13-17-3-9(a)(2).
The agency established or designated under this subsection may administer a cooperative air pollution control program under section 3 of this chapter.
