IC 13-23-11
    Chapter 11. Underground Storage Tank Financial AssuranceBoard

IC 13-23-11-1
Creation
    Sec. 1. The underground storage tank financial assurance boardis created.
As added by P.L.1-1996, SEC.13.

IC 13-23-11-2
Members
    Sec. 2. The board consists of the following sixteen (16) members:
        (1) The commissioner or the commissioner's designee.
        (2) The state fire marshal or the state fire marshal's designee.
        (3) The treasurer of state or the treasurer of state's designee.
        (4) The commissioner of the department of state revenue or thecommissioner's designee.
        (5) Twelve (12) individuals appointed by the governor for termsof two (2) years as follows:
            (A) One (1) member representing the independent petroleumwholesale distributor-marketer industry.
            (B) One (1) member representing the petroleumrefiner-supplier industry.
            (C) One (1) member representing the service station dealerindustry who owns or operates less than thirteen (13)underground petroleum storage tanks.
            (D) One (1) member of the financial lending communitywho has experience with loan guaranty programs.
            (E) One (1) member representing the convenience storeoperator industry.
            (F) One (1) member representing environmental interests.
            (G) One (1) member representing local government.
            (H) Two (2) members representing the general public.
            (I) One (1) member representing the independent petroleumretail distributor marketer industry who owns or operatesmore than twelve (12) underground petroleum storage tanks.
            (J) One (1) member representing businesses that ownpetroleum underground storage tanks and are not engaged inthe sale of petroleum.
            (K) One (1) member representing the property and casualtyinsurance industry.
As added by P.L.1-1996, SEC.13. Amended by P.L.131-1997, SEC.4.

IC 13-23-11-3
Compensation
    Sec. 3. (a) Each member of the board who is not a state employeeis entitled to the minimum salary per diem provided byIC 4-10-11-2.1(b). The member is also entitled to reimbursement fortraveling expenses under IC 4-13-1-4 and other expenses actually

incurred in connection with the member's duties as provided in thestate policies and procedures established by the Indiana departmentof administration and approved by the budget agency.
    (b) Each member of the board who is a state employee is entitledto reimbursement for traveling expenses under IC 4-13-1-4 and otherexpenses actually incurred in connection with the member's duties asprovided in the state policies and procedures established by theIndiana department of administration and approved by the budgetagency.
As added by P.L.1-1996, SEC.13.

IC 13-23-11-4
Vacancies; appointment; term
    Sec. 4. (a) If an appointed member of the board is not able toserve the member's full term, the governor shall appoint an individualto serve for the remainder of the unexpired term.
    (b) The term of an appointed member of the board continues untilthe member's successor has been appointed and qualified.
As added by P.L.1-1996, SEC.13.

IC 13-23-11-5
Officers
    Sec. 5. The board, at the board's first meeting of each year, shallelect from among the board's members a chairperson and otherofficers necessary to transact business.
As added by P.L.1-1996, SEC.13.

IC 13-23-11-6
Quorum; meetings
    Sec. 6. (a) The board must have a quorum to transact business.Nine (9) members constitute a quorum.
    (b) An affirmative vote of the majority of members present isrequired for the board to take action.
    (c) The board shall meet upon:
        (1) the request of the chairperson; or
        (2) the written request of three (3) of the board's members.
    (d) A meeting must be held not later than fourteen (14) days aftera request is made.
As added by P.L.1-1996, SEC.13. Amended by P.L.131-1997, SEC.5.

IC 13-23-11-7
Duties of board
    Sec. 7. (a) The board shall do the following:
        (1) Adopt rules under IC 4-22-2 and IC 13-14-9 necessary tocarry out the duties of the board under this article.
        (2) Take testimony and receive a written report at every meetingof the board from the commissioner or the commissioner'sdesignee regarding the financial condition and operation of theexcess liability trust fund including:
            (A) a detailed breakdown of contractual and administrative

expenses the department is claiming from the excess liabilitytrust fund under IC 13-23-7-1(4); and
            (B) a claims statistics report consisting of the status andvalue of each claim submitted to the fund and claimspayments made under IC 13-23-8-1.
        The testimony and written report under this subdivision shall beprovided at every meeting of the board. However, the testimonyand written report are not required more than one (1) timeduring any thirty (30) day period.
        (3) Consult with the department on administration of theunderground petroleum storage tank excess liability trust fundestablished by IC 13-23-7-1 in developing uniform policies andprocedures for revenue collection and claims administration ofthe fund.
    (b) The department shall consult with the board on administrationof the underground petroleum storage tank excess liability trust fund.The consultation must include evaluation of alternative means ofadministering the fund in a cost effective and efficient manner.
    (c) At each meeting of the board, the department shall provide theboard with a written report on the financial condition and operationof the underground petroleum storage tank trust fund establishedunder IC 13-23-6-1.
As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.19;P.L.2-1997, SEC.49; P.L.131-1997, SEC.6; P.L.25-1997, SEC.16;P.L.253-1997(ss), SEC.16; P.L.2-1998, SEC.55; P.L.63-1998,SEC.5; P.L.14-2001, SEC.17.

IC 13-23-11-8
Repealed
    (Repealed by P.L.25-1997, SEC.18.)