Bill Text: IN SB0238 | 2012 | Regular Session | Introduced
Bill Title: Local air pollution control agency contracts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - First reading: referred to Committee on Energy and Environmental Affairs [SB0238 Detail]
Download: Indiana-2012-SB0238-Introduced.html
Citations Affected: IC 13-17.
Synopsis: Local air pollution control agency contracts. Requires the
department of environmental management to enter into a contract with
a local air pollution control agency to carry out air pollution programs
for the department whenever the local air pollution control agency is
willing to enter into the contract. Specifies certain provisions that must
be in the contract.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Energy and 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.
(b) The commissioner
(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) Enter into a contractual agreement with a local air pollution control agency established or designated under IC 13-17-12-1 whenever the local air pollution control agency is willing to enter into the contract. The contract must require the department to do the following:
(A) Advise, consult, and cooperate with the local air pollution control agency.
(B) 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
originate from:
(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; and
(v) other revenue sources as approved by the governor
and the budget agency.
(G) Provide that the monetary compensation provided to
the local air pollution control agency must be at least
sufficient to cover the staffing and operating costs the local
air pollution control agency incurred for air pollution
control work performed on behalf of the department.
(H) Provide that the monetary compensation provided to
local air pollution control agencies must be 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 a local air pollution control agency
applies for grant funding from the United States
Environmental Protection Agency for the purposes of
activities 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.
(7) (8) Represent the state in all matters pertaining to plans,
procedures, or negotiations for interstate compacts in relation to
the control of air pollution.
(8) (9) 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 an 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(b)(7).
The agency may be the agency established to administer a cooperative air pollution control program under section 3 of this chapter.
