IC 13-13-7
    Chapter 7. Environmental Quality Service Council andCompliance Advisory Panel

IC 13-13-7-1
Environmental quality service council established
    Sec. 1. The environmental quality service council is established.
As added by P.L.12-2005, SEC.3.

IC 13-13-7-2
Compliance advisory panel
    Sec. 2. The compliance advisory panel is established as acommittee of the council.
As added by P.L.12-2005, SEC.3.

IC 13-13-7-3
Environmental quality service council and compliance advisorypanel membership and appointments
    Sec. 3. (a) The council consists of seventeen (17) voting membersand one (1) nonvoting member. The panel consists of seven (7)voting members.
    (b) The appointed members of the council and the panel areappointed as follows:
        (1) The president pro tempore of the senate shall appoint:
            (A) to serve as members of both the council and the panel,two (2) members of the senate who:
                (i) are not affiliated with the same political party; and
                (ii) are owners of, or have an interest in, small businessstationary sources; and
            (B) to serve as members of the council, two (2) othermembers of the senate who are not affiliated with the samepolitical party.
        (2) The speaker of the house of representatives shall appoint:
            (A) to serve as members of both the council and the panel,two (2) members of the house of representatives who:
                (i) are not affiliated with the same political party; and
                (ii) are owners of, or have an interest in, small businessstationary sources; and
            (B) to serve as members of the council, two (2) othermembers of the house of representatives who are notaffiliated with the same political party.
        (3) The governor shall appoint as members individuals who arenot members of the general assembly as follows:
            (A) To the council, two (2) individuals to represent businessand industry, not more than one (1) of whom may beaffiliated with the same political party.
            (B) To the council, two (2) individuals to represent localgovernment, not more than one (1) of whom may be a solidwaste management district director and not more than one(1) of whom may be affiliated with the same political party.            (C) To the council, subject to clause (F), two (2) individualsto represent environmental interests, not more than one (1)of whom may be a solid waste management district directorand not more than one (1) of whom may be affiliated withthe same political party.
            (D) To the council, two (2) individuals to represent thefollowing interests:
                (i) One (1) representative of semipublic permittees.
                (ii) One (1) representative of agriculture.
            (E) To both the council and the panel, one (1) individual torepresent the public who is not:
                (i) an owner of a small business stationary source; or
                (ii) a representative of owners of small business stationarysources.
            (F) To the panel to represent the public, one (1) individualappointed to the council under clause (C) who is not:
                (i) an owner of a small business stationary source; or
                (ii) a representative of owners of small business stationarysources.
    (c) The commissioner or commissioner's designee serves as anonvoting member of the council and as a member of the panel.
As added by P.L.12-2005, SEC.3.

IC 13-13-7-4
Appointment duration
    Sec. 4. An appointment under section 3 of this chapter is valid fortwo (2) years after the date of the appointment. However, a membershall serve until a new appointment is made.
As added by P.L.12-2005, SEC.3.

IC 13-13-7-5
Vacancies
    Sec. 5. (a) If a vacancy occurs among the members of the councilor panel, the appointing authority of the member whose position isvacant shall fill the vacancy by appointment.
    (b) Except as provided in subsection (c), if the appointingauthority does not fill a vacancy within sixty (60) days after the datethe vacancy occurs, the vacancy shall be filled by appointment by thechairman of the legislative council.
    (c) Subsection (b) does not apply to a member of the council whois also a member of the panel.
As added by P.L.12-2005, SEC.3.

IC 13-13-7-6
Designation of chairs
    Sec. 6. The chairman of the legislative council shall designate:
        (1) a legislative member of the council to be the chair of thecouncil; and
        (2) a legislative member of the panel to be the chair of thepanel.As added by P.L.12-2005, SEC.3.

IC 13-13-7-7
Environmental quality service council meetings and committees
    Sec. 7. The chair of the council shall call for the council to meetat least one (1) time during a calendar year. The chair may designatecommittees of the council to meet between council meetings andreport back to the full council.
As added by P.L.12-2005, SEC.3.

IC 13-13-7-8
Compliance advisory panel meetings
    Sec. 8. The chair of the panel shall call for the panel to meet atleast one (1) time during a calendar year. A meeting of the panelduring the calendar year may be held only on a date on which thecouncil meets.
As added by P.L.12-2005, SEC.3.

IC 13-13-7-9
Environmental quality service council duties
    Sec. 9. The council shall do the following:
        (1) Study:
            (A) issues designated by the legislative council; and
            (B) the following in 2012:
                (i) The effectiveness of the electronic waste provisions ofIC 13-20.5.
                (ii) Appropriate guidelines for the Indiana recyclingmarket development board for determining underIC 13-20.5-2-2 whether a manufacturer has made goodfaith progress to achieve substantial compliance withIC 13-20.5.
        (2) Advise the commissioner on policy issues decided on by thecouncil.
        (3) Review the mission and goals of the department andevaluate the implementation of the mission.
        (4) Serve as a council of the general assembly to evaluate:
            (A) resources and structural capabilities of the department tomeet the department's priorities; and
            (B) program requirements and resource requirements for thedepartment.
        (5) Serve as a forum for citizens, the regulated community, andlegislators to discuss broad policy directions.
        (6) Submit a final report to the legislative council, in anelectronic format under IC 5-14-6, that contains at least thefollowing:
            (A) An outline of activities of the council.
            (B) Recommendations for department action.
            (C) Recommendations for legislative action.
As added by P.L.12-2005, SEC.3. Amended by P.L.178-2009,SEC.26.
IC 13-13-7-10
Compliance advisory panel duties; no annual report
    Sec. 10. The panel:
        (1) shall carry out the duties established under Section 507 ofthe federal Clean Air Act (42 U.S.C. 7661f); and
        (2) is not required to submit an annual report to the legislativecouncil.
As added by P.L.12-2005, SEC.3.

IC 13-13-7-11
Department of environmental management commissioner's report
    Sec. 11. The commissioner shall report to the council each monthconcerning the following:
        (1) Permitting programs and technical assistance.
        (2) Proposed rules and rulemaking in progress.
        (3) The financial status of the department.
        (4) Additional matters requested by the council.
As added by P.L.12-2005, SEC.3.

IC 13-13-7-12
Staffing by legislative services agency
    Sec. 12. The legislative services agency shall provide staff supportto the council and panel.
As added by P.L.12-2005, SEC.3.

IC 13-13-7-13
Operation under legislative council rules
    Sec. 13. Except as provided in section 10(2) of this chapter, thecouncil and the panel shall operate under the rules of the legislativecouncil.
As added by P.L.12-2005, SEC.3.