IC 13-17-2
    Chapter 2. Establishment of Air Pollution Control Board

IC 13-17-2-1
Establishment
    Sec. 1. The air pollution control board is established.
As added by P.L.1-1996, SEC.7.

IC 13-17-2-2
Members; appointment
    Sec. 2. The board consists of the following twelve (12) members:
        (1) The following ex officio members:
            (A) The commissioner of the state department of health.
            (B) The director of the department of natural resources.
            (C) The lieutenant governor.
            (D) The secretary of commerce or the secretary's designee.
        (2) The following eight (8) members, who shall be appointed bythe governor based on recommendations from representativeconstituencies:
            (A) One (1) representative of agriculture.
            (B) One (1) representative of manufacturing employed by anentity that has applied for or received a Title V operatingpermit.
            (C) One (1) representative of environmental interests.
            (D) One (1) representative of labor.
            (E) One (1) representative of local government.
            (F) One (1) health professional who holds a license topractice in Indiana.
            (G) One (1) representative of small business.
            (H) One (1) representative of the general public, who cannotqualify to sit on the board under any of the other clauses inthis subdivision.
        An individual appointed under this subdivision must possessknowledge, experience, or education qualifying the individualto represent the entity the individual is being recommended torepresent.
As added by P.L.1-1996, SEC.7. Amended by P.L.90-1998, SEC.17;P.L.4-2005, SEC.119.

IC 13-17-2-3
Members; political party affiliation
    Sec. 3. Not more than four (4) of the appointed members of theboard may be members of the same political party.
As added by P.L.1-1996, SEC.7.

IC 13-17-2-4
Members; requirements
    Sec. 4. The board must have at least a majority of members who:
        (1) represent the public interest; and
        (2) do not derive any significant part of their income from

persons subject to permits or enforcement orders under thefederal Clean Air Act (42 U.S.C. 7401 et seq.), as amended bythe Clean Air Act Amendments of 1990 (P.L. 101-549).
As added by P.L.1-1996, SEC.7.

IC 13-17-2-5
Conflicts of interest
    Sec. 5. Each board member shall fully disclose any potentialconflicts of interest relating to permits or enforcement orders underthe federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended bythe Clean Air Act Amendments of 1990 (P.L. 101-549).
As added by P.L.1-1996, SEC.7.

IC 13-17-2-6
Members; technical representative as voting member
    Sec. 6. An ex officio member of the board may designate inwriting a technical representative to serve as a voting member of theboard when the ex officio member is unable to attend a boardmeeting.
As added by P.L.1-1996, SEC.7.

IC 13-17-2-7
Members; terms; vacancies; removal
    Sec. 7. (a) The term of an appointed member of the board is four(4) years.
    (b) The term of each member of the board continues until asuccessor has been appointed and qualified.
    (c) If a vacancy occurs in the appointed membership of the board,the governor shall appoint a member not later than sixty (60) daysafter the vacancy occurs for the remainder of the unexpired termcreated by the vacancy. The board shall suspend the exercise of theboard's duties under the air pollution control laws if the vacancy hasnot been filled not later than sixty (60) days after the vacancy occurs.
    (d) The governor may remove an appointed member of the boardfor cause. Cause includes the failure to attend at least two (2) boardmeetings within a one (1) year period.
    (e) The board may not adopt a final rule under IC 13-14-8 until allmembers of the board have been appointed.
As added by P.L.1-1996, SEC.7.

IC 13-17-2-8
Members; compensation
    Sec. 8. (a) The ex officio members of the board serve withoutadditional compensation.
    (b) Each appointed member of the board is entitled to thefollowing:
        (1) The minimum salary per diem provided byIC 4-10-11-2.1(b).
        (2) Reimbursement for traveling expenses as provided underIC 4-13-1-4 and other expenses actually incurred in connection

with the member's duties, as provided in the state policies andprocedures established by the Indiana department ofadministration and approved by the budget agency.
    (c) The per diem and mileage are valid claims against thedepartment.
As added by P.L.1-1996, SEC.7.

IC 13-17-2-9
Meetings
    Sec. 9. (a) The board shall hold at least six (6) regular meetingseach year at a place and time to be fixed by the board.
    (b) Special meetings of the board may be called by:
        (1) the chairman; or
        (2) three (3) members of the board;
by delivery of written notice to each member of the board.
As added by P.L.1-1996, SEC.7.

IC 13-17-2-10
Quorum
    Sec. 10. Seven (7) members of the board, four (4) of whom mustbe appointed members of the board, constitute a quorum.
As added by P.L.1-1996, SEC.7. Amended by P.L.4-2005, SEC.120.

IC 13-17-2-11
Officers
    Sec. 11. The governor shall annually select:
        (1) one (1) of the eight (8) appointed members of the board toserve as chairman; and
        (2) another of the appointed members of the board to serve asvice chairman.
As added by P.L.1-1996, SEC.7.

IC 13-17-2-12
Technical secretary
    Sec. 12. (a) The board shall select, from a list of three (3)qualified individuals recommended by the governor, an independentthird party who is not an employee of the state to serve as technicalsecretary of the board.
    (b) During the interim between meetings of the board, thedepartment shall do the following:
        (1) Handle correspondence.
        (2) Make or arrange for investigations and surveys.
        (3) Obtain, assemble, or prepare reports and data as directed bythe board.
    (c) The technical secretary shall review all materials prepared forthe board by the department to make any necessary revisions.Provisions of this chapter concerning terms of appointment,vacancies, and compensation of appointed board members apply tothe technical secretary. The technical secretary is not a votingmember of the board.As added by P.L.1-1996, SEC.7.

IC 13-17-2-13
Legal counsel
    Sec. 13. (a) The board may select, from a list of three (3) qualifiedindividuals recommended by the governor, an independent thirdparty who is not an employee of the state to serve as legal counsel.The legal counsel shall do the following:
        (1) Advise the board on legal matters or proceedings arisingfrom the exercise of the board's duties.
        (2) Review all materials prepared for the board by thedepartment for legal accuracy and sufficiency and direct thedepartment to make any necessary revisions.
    (b) Provisions of this chapter concerning terms of appointment,vacancies, and compensation of appointed board members apply tothe legal counsel. The legal counsel is not a voting member of theboard.
As added by P.L.1-1996, SEC.7.