Introduced Version
SENATE BILL No. 113
_____
DIGEST OF INTRODUCED BILL
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.
Randolph
January 7, 2013, read first time and referred to Committee on Environmental Affairs.
Introduced
First Regular Session 118th General Assembly (2013)
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SENATE BILL No. 113
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 13-17-3-9; (13)IN0113.1.1. -->
SECTION 1. IC 13-17-3-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. (a) The
commissioner shall:
(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.
SOURCE: IC 13-17-12-1; (13)IN0113.1.2. -->
SECTION 2. IC 13-17-12-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) Air pollution
control laws do not prevent towns, cities, or counties from:
(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.
SOURCE: IC 13-17-12-4; (13)IN0113.1.3. -->
SECTION 3. IC 13-17-12-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4.
An A local air
pollution control agency
that has entered into a contract described
in IC 13-17-3-9(a)(2) shall submit annual reports as requested by the
department.