CHAPTER 4. ENVIRONMENTAL IMPACT STATEMENTS
IC 13-12-4
Chapter 4. Environmental Impact Statements
IC 13-12-4-1
Purposes of chapter
Sec. 1. The purposes of this chapter are the following:
(1) To declare a state policy that will encourage productive andenjoyable harmony between humans and the environment.
(2) To promote efforts that will prevent or eliminate damage tothe environment and biosphere and stimulate the health andwelfare of humans.
(3) To enrich the understanding of the ecological systems andnatural resources important to Indiana.
As added by P.L.1-1996, SEC.2.
IC 13-12-4-2
Legislative findings
Sec. 2. The general assembly recognizes the following:
(1) The profound impact of human activity on the interrelationsof all components of the natural environment, particularly theprofound influences of the following:
(A) Population growth.
(B) High-density urbanization.
(C) Industrial expansion.
(D) Resource exploitation.
(E) New and expanding technological advances.
(2) The critical importance of restoring and maintainingenvironmental quality to the overall welfare and developmentof humans.
(3) That each person should enjoy a healthful environment.
(4) That each person has a responsibility to contribute to thepreservation and enhancement of the environment.
As added by P.L.1-1996, SEC.2.
IC 13-12-4-3
Policy statement
Sec. 3. The general assembly declares that it is the continuingpolicy of the state, in cooperation with the federal and localgovernments and other concerned public and private organizations,to use all practicable means and measures, including financial andtechnical assistance, in a manner calculated to do the following:
(1) Foster and promote the general welfare.
(2) Create and maintain conditions under which humans andnature can exist in productive harmony.
(3) Fulfill the social, economic, and other requirements ofpresent and future generations of Indiana citizens.
As added by P.L.1-1996, SEC.2.
IC 13-12-4-4
State responsibilities Sec. 4. To carry out the policy set forth in this chapter, it is thecontinuing responsibility of the state to use all practicable means,consistent with other essential considerations of state policy, toimprove and coordinate state plans, functions, programs, andresources to the end that the state may do the following:
(1) Fulfill the responsibilities of each generation as trustee ofthe environment for succeeding generations.
(2) Assure for all citizens of Indiana safe, healthful, productive,and esthetically and culturally pleasing surroundings.
(3) Attain the widest range of beneficial uses of theenvironment without degradation, risk to health or safety, orother undesirable and unintended consequences.
(4) Preserve important historic, cultural, and natural aspects ofour national heritage and maintain, wherever possible, anenvironment that supports diversity and variety of individualchoice.
(5) Achieve a balance between population and resource use thatwill permit high standards of living and a wise sharing of life'samenities.
(6) Enhance the quality of renewable resources and approachthe maximum attainable recycling of depletable resources.
As added by P.L.1-1996, SEC.2.
IC 13-12-4-5
Directives
Sec. 5. To the fullest extent possible:
(1) the policies, rules, and statutes of the state shall beinterpreted and administered in accordance with the policies setforth in this chapter; and
(2) all state agencies shall do the following:
(A) Use a systematic, interdisciplinary approach that willensure the integrated use of the natural and social sciencesand the environmental design arts in planning and decisionmaking that may have an impact on the environment.
(B) Identify and develop methods and procedures that willensure that unquantified environmental amenities and valuesmay be given appropriate consideration in decision makingalong with economic and technical considerations.
(C) Include in every recommendation or report on proposalsfor legislation and other major state actions significantlyaffecting the quality of the human environment a detailedstatement by the responsible official on the following:
(i) The environmental impact of the proposed action.
(ii) Any adverse environmental effects that cannot beavoided should the proposal be implemented.
(iii) Alternatives to the proposed action.
(iv) The relationship between local short term uses of theenvironment and the maintenance and enhancement oflong term productivity.
(v) Any irreversible and irretrievable commitments of
resources that would be involved if the proposed actionshould be implemented.
Before making a detailed statement, the responsible stateofficial shall consult with and obtain the comments of eachstate agency that has jurisdiction by law or special expertisewith respect to any environmental impact involved. Copiesof the statement and the comments and views of theappropriate federal, state, and local agencies that areauthorized to develop and enforce environmental standardsshall be made available to the governor and to the public andmust accompany the proposal through the agency reviewprocesses. The air pollution control board, water pollutioncontrol board, and solid waste management board shall byrule define the actions that constitute a major state actionsignificantly affecting the quality of the human environment.
(D) Study, develop, and describe appropriate alternatives torecommend courses of action in any proposal that involvesunresolved conflicts concerning alternative uses of availableresources.
(E) Recognize the long range character of environmentalproblems and, where consistent with the policy of the state,lend appropriate support to initiatives, resolutions, andprograms designed to maximize state cooperation inanticipating and preventing a decline in the quality of theenvironment.
(F) Make available to counties, municipalities, institutions,and individuals advice and information useful in restoring,maintaining, and enhancing the quality of the environment.
(G) Initiate and use ecological information in the planningand development of resource oriented projects.
As added by P.L.1-1996, SEC.2.
IC 13-12-4-6
Review of authority, rules, policies, and procedure by stateagencies
Sec. 6. All state agencies shall review their:
(1) statutory authority;
(2) administrative rules; and
(3) current policies and procedures;
to determine whether there are any deficiencies or inconsistenciesthat prohibit full compliance with the purposes and provisions of thischapter.
As added by P.L.1-1996, SEC.2.
IC 13-12-4-7
Statutory obligations of state agencies unaffected
Sec. 7. Sections 5 and 6 of this chapter do not affect the specificstatutory obligations of any state agency to do any of the following:
(1) Comply with criteria or standards of environmental quality.
(2) Coordinate or consult with any other federal or state agency. (3) Act or refrain from acting contingent upon therecommendations or certification of any other federal or stateagency.
As added by P.L.1-1996, SEC.2.
IC 13-12-4-8
Impact statements not required for license
Sec. 8. This chapter may not be construed to require anenvironmental impact statement for the issuance of a license orpermit by any state agency.
As added by P.L.1-1996, SEC.2.
IC 13-12-4-9
Supplementary effect of chapter
Sec. 9. Policies and goals set forth in this chapter supplementthose policies and goals set forth in other authorizations of stateagencies.
As added by P.L.1-1996, SEC.2.
IC 13-12-4-10
Federal environmental impact statements
Sec. 10. Any state agency that is required by the federal NationalEnvironmental Policy Act (P.L. 91-190) (42 U.S.C. 4321 et seq.) tofile a federal environmental impact statement is not required to filea statement with the state government as provided under sections 5and 6 of this chapter unless the action contemplated requires statelegislation or state appropriations.
As added by P.L.1-1996, SEC.2.