IC 13-27.5-2
    Chapter 2. Indiana Clean Manufacturing Technology and SafeMaterials Institute

IC 13-27.5-2-1
Establishment and operation
    Sec. 1. A university or nonprofit corporation located in Indianashall establish and operate the Indiana clean manufacturingtechnology and safe materials institute under this article.
As added by P.L.124-1997, SEC.22.

IC 13-27.5-2-2
Application and selection of university or nonprofit corporation
    Sec. 2. (a) The board shall select a university or nonprofitcorporation to establish the institute. A university or nonprofitcorporation that:
        (1) is located in Indiana; and
        (2) submits an application to the board;
must be considered for selection under this section.
    (b) The board's selection of a university or nonprofit corporationshall be based on an objective application of criteria relating to thesuitability of the university or nonprofit corporation as theestablishing entity and site for the institute. The board shall adoptguidelines:
        (1) governing the application and selection process; and
        (2) setting forth the criteria to be applied in making theselection.
As added by P.L.124-1997, SEC.22.

IC 13-27.5-2-3
Statement indicating services and programs offered
    Sec. 3. The university or nonprofit corporation selected toestablish and operate the institute shall submit to the board astatement indicating the types of services, programs, and prioritiesrelated to pollution prevention that the institute will offer.
As added by P.L.124-1997, SEC.22.

IC 13-27.5-2-4
Biennial budget request
    Sec. 4. The university or nonprofit corporation selected toestablish and operate the institute shall, in cooperation with thedirector, develop and submit to the board for approval the institute'sbiennial budget request.
As added by P.L.124-1997, SEC.22.

IC 13-27.5-2-5
Powers and duties
    Sec. 5. (a) The institute:
        (1) shall establish cooperative programs; and
        (2) may contract duties authorized by the board;with public and private colleges and universities designed to augmentthe implementation of this article. However, the institute shallmaintain administrative and policy control over the work contractedunder subdivision (2).
    (b) The institute may establish fees, tuitions, or other financialcharges for the programs of the institute.
    (c) The institute shall do the following through the institute'sprograms:
        (1) Develop and provide curriculum and training on cleanmanufacturing for:
            (A) students and faculty;
            (B) employees of the division;
            (C) manufacturing managers; and
            (D) employees of manufacturers.
        (2) Engage in research, development, and demonstration oftechniques and methods for clean manufacturing, including thefollowing:
            (A) An assessment of the impact of adopting the methods onthe environment, public health, and work exposure.
            (B) Assessments of the impact on profitability andemployment within affected manufacturing companies andindustries.
        (3) Provide waste generators an opportunity to develop cleanmanufacturing plans.
        (4) Develop methods to measure clean manufacturing progressat the plant level and the company level on the basis ofreduction in waste generation and changes in toxic materials userelative to production output for specific wastes. Thissubdivision may not be construed to require a manufacturer toreveal the trade secrets of the manufacturer.
As added by P.L.124-1997, SEC.22.

IC 13-27.5-2-6
Clean manufacturing planning programs
    Sec. 6. (a) The institute shall establish and operate a planningprogram for individuals who desire to be qualified as cleanmanufacturing planners. Public and private colleges and universitieslocated in Indiana may establish and operate programs for qualifyingclean manufacturing planners. To ensure consistent trainingprocedures, the institute shall provide a curriculum plan forqualifying clean manufacturing planners to colleges and universitiesthat do not operate the institute.
    (b) The programs established under this section shall be designedto train auditors to be qualified to:
        (1) assist manufacturers and manufacturer organizations in thedevelopment and implementation of the most up-to-date cleanmanufacturing techniques and practices; and
        (2) prepare and review clean manufacturing plans referred to inIC 13-27.5-3.
    (c) The institute shall qualify as a clean manufacturing planner an

individual who has successfully completed a clean manufacturingplanning program.
As added by P.L.124-1997, SEC.22.

IC 13-27.5-2-7
Assisting governmental agencies or manufacturers in developingmethods for assessing progress
    Sec. 7. The institute shall:
        (1) assist governmental agencies, manufacturers, andmanufacturer organizations in developing methods andmeasurement techniques for assessing progress in cleanmanufacturing per unit of output; and
        (2) explore the development of personal computer software forthese purposes.
As added by P.L.124-1997, SEC.22.

IC 13-27.5-2-8
Assisting in training of inspectors or personnel
    Sec. 8. If requested by the commissioner, the institute may assistin the training of inspectors and other key personnel employed by thedivision or the department in clean manufacturing concepts, methods,and technology.
As added by P.L.124-1997, SEC.22.

IC 13-27.5-2-9
Annual reports
    Sec. 9. (a) Before January 1 of each year, the institute shallprepare and submit to:
        (1) the governor;
        (2) the board;
        (3) the commissioner; and
        (4) the general assembly;
a report on the institute's operations and activities under this chapterincluding the status, funding, and results of all projects. A reportsubmitted to the general assembly must be in an electronic formatunder IC 5-14-6.
    (b) The report must do the following:
        (1) Include recommendations the institute has for legislation.
        (2) Identify state and federal economic and financial incentivesthat can best accelerate and maximize the research,development, demonstration, and support of cleanmanufacturing technologies and practices.
        (3) Include an assessment by the institute of the grants programadministered by the department under IC 13-27-2.
        (4) Include a proposed work plan for the following year.
        (5) Identify state and federal policies that may serve asdisincentives to the adoption of clean manufacturingtechnologies and practices by manufacturers.
As added by P.L.124-1997, SEC.22. Amended by P.L.28-2004,SEC.125.
IC 13-27.5-2-10
Activities and policies must address specific problems and becoordinated; grants
    Sec. 10. (a) The activities and policies of the institute mustaddress specific problems involving a particular situation orcondition affecting a manufacturer at production locations.
    (b) The activities of the institute must be coordinated with theactivities of other public and private programs that providemanagerial and technical assistance to manufacturers, includingprograms operated by public and private educational institutions. Theinstitute may make grants to public or private persons or associationsto establish and operate elements of the program or to advance thegoals of the institute's program.
As added by P.L.124-1997, SEC.22.

IC 13-27.5-2-11
Written memorandum of understanding
    Sec. 11. The:
        (1) board;
        (2) institute; and
        (3) department;
may enter into a written memorandum of understanding describingthe responsibilities of the board, the institute, and the department incoordinating grants under IC 13-27-2-10 and pilot projects underIC 13-27-2-11.
As added by P.L.124-1997, SEC.22.

IC 13-27.5-2-12
Providing experts; assisting manufacturers in recycling techniques
    Sec. 12. (a) The institute may provide experts for:
        (1) onsite technical assistance;
        (2) economic advice; and
        (3) other managerial advice;
to manufacturers and industries needing assistance, including adviceon planning for clean manufacturing and advice on cleanmanufacturing audits.
    (b) The institute may assist a manufacturer as provided insubsection (a) to implement inprocess recycling techniques thatinvolve onsite recycling processes that:
        (1) return a potential environmental waste directly to aproduction unit from which the waste originated usingmechanical means that are an integral part of the productionunit of concern;
        (2) are based on the production schedule of the production unitof concern; and
        (3) are consistent with accepted engineering practices.
As added by P.L.124-1997, SEC.22.

IC 13-27.5-2-13
Studies; requirements    Sec. 13. (a) The institute may conduct and publish studiesregarding development and implementation of national, state, andlocal governmental policies and programs concerning the following:
        (1) Clean manufacturing.
        (2) Related policies and programs.
    (b) Studies conducted under this section must review activitiesdescribed in section 7 of this chapter by addressing the following:
        (1) Clarity and scope of definitions used in a policy.
        (2) Institutional features of a program.
        (3) Key policy instruments used to implement a policy orprogram, including the following:
            (A) Information policy concerning the following:
                (i) Chemical usage and waste data and data on industrylocation and characteristics.
                (ii) Economic, organizational, and technologicalcharacteristics and dynamics of manufacturers or otherinstitutions.
            (B) Analytic policy concerning assessment of diffusion andinnovation of clean manufacturing technologies andstrategies, including those involving reducing the use oftoxics.
            (C) Education and assistance policy activities concerning thefollowing:
                (i) Outreach programs.
                (ii) Training programs.
                (iii) University based programs.
                (iv) Analysis of planning requirements.
                (v) Other similar activities.
            (D) Economic policy activities concerning positive andnegative economic incentives and disincentives for cleanmanufacturing.
            (E) Regulatory policy activities concerning regulatoryintervention designed to achieve expeditious or morecomprehensive industrial clean manufacturing, including thefollowing:
                (i) Clean manufacturing regulatory review.
                (ii) Regulatory concessions for reducing the use of toxics.
                (iii) Expanded regulatory coverage of harmful materials.
                (iv) Enhanced enforcement.
        (4) Program funding.
As added by P.L.124-1997, SEC.22.

IC 13-27.5-2-14
Studies; identification of problems
    Sec. 14. The institute shall:
        (1) conduct studies to identify problems encountered bymanufacturers and governments attempting to implementmultimedia clean manufacturing or related programs; and
        (2) recommend policies and programs to address theseproblems.As added by P.L.124-1997, SEC.22.

IC 13-27.5-2-15
Studies; state information clearinghouse for clean manufacturing;free use of data
    Sec. 15. (a) The institute may do the following:
        (1) Establish programs for the study of private andnongovernmental clean manufacturing or related initiatives,proposals, and programs.
        (2) Review and assess national and international cleanmanufacturing technology innovation and diffusion.
        (3) Develop and promote involvement in studies concerningaspects of clean manufacturing that have an effect on changinginstitutions and values.
        (4) Recommend clean manufacturing policy instruments andconcepts.
        (5) Develop curriculum to be used in elementary and secondaryschool programs.
        (6) Establish and operate a state information clearinghouse forclean manufacturing to do the following:
            (A) Promote clean manufacturing statewide among allindustries and companies.
            (B) Assist in obtaining information on the progress ofmultimedia reduction of environmental wastes and relatedenvironmental policies and programs.
    (b) The institute shall permit and facilitate free use of datagathered under subsection (a) by manufacturers, governmentalagencies, and the general public. A manufacturer may not be requiredto submit information of a proprietary nature to the clearinghouse.
As added by P.L.124-1997, SEC.22.

IC 13-27.5-2-16
Public availability of studies and reports
    Sec. 16. (a) Except as provided in subsection (c), the instituteshall make any:
        (1) study;
        (2) report;
        (3) assessment; or
        (4) analysis;
prepared by the institute under sections 11 through 13 of this chapteravailable to the public.
    (b) The institute may provide any document described insubsection (a):
        (1) free of charge; or
        (2) at a reduced charge;
to a person that is exempt from federal income taxation underSection 501(c)(3) of the Internal Revenue Code.
    (c) The institute may not make information concerning aparticular manufacturer available to the public through:
        (1) a study;        (2) a report;
        (3) an assessment; or
        (4) an analysis;
conducted under sections 11 through 13 of this chapter unless themanufacturer has provided the institute written approval for thepublic release of the information.
As added by P.L.124-1997, SEC.22.