CHAPTER 5.5. INDIANA RECYCLING MARKET DEVELOPMENT BOARD
IC 4-23-5.5
Chapter 5.5. Indiana Recycling Market Development Board
IC 4-23-5.5-1
Definitions
Sec. 1. As used in this chapter:
(1) "board" refers to the Indiana recycling market developmentboard created by this chapter; and
(2) "division" refers to the division of pollution preventionestablished by IC 13-27-2-1.
As added by Acts 1980, P.L.20, SEC.1. Amended by P.L.10-1990,SEC.3; P.L.27-1993, SEC.7; P.L.1-2006, SEC.78; P.L.204-2007,SEC.3.
IC 4-23-5.5-2
Creation; membership; vacancies; advisory members; staff
Sec. 2. (a) The Indiana recycling market development board iscreated and constitutes a public instrumentality of the state. Theexercise by the board of the powers conferred by this chapter is anessential governmental function.
(b) The board consists of nine (9) members, one (1) of whom shallbe the lieutenant governor or the lieutenant governor's designee andeight (8) of whom shall be appointed by the governor for four (4)year terms. The governor's appointees shall be chosen from amongrepresentatives of:
(1) the waste management industry;
(2) the recycling industry;
(3) Indiana universities and colleges with expertise in recyclingresearch and development;
(4) industrial and commercial consumers of recycled feedstock;
(5) environmental groups; and
(6) private citizens with a special interest in recycling.
No more than four (4) appointive members shall be of the samepolitical party.
(c) A vacancy in the office of an appointive member, other thanby expiration, shall be filled in like manner as the originalappointment for the remainder of the term of that retiring member.Appointed members may be removed by the governor for cause.
(d) The board shall have seven (7) ex officio advisory membersas follows:
(1) The governor.
(2) The director of the department of natural resources.
(3) The commissioner of the department of environmentalmanagement.
(4) Two (2) members from the house of representatives ofopposite political parties appointed by the speaker of the houseof representatives for two (2) year terms.
(5) Two (2) members from the senate of opposite politicalparties appointed by the president pro tempore of the senate fortwo (2) year terms. (e) The division shall serve as the staff of the board.
As added by Acts 1980, P.L.20, SEC.1. Amended by Acts 1981,P.L.24, SEC.6; P.L.143-1985, SEC.180; P.L.10-1990, SEC.4;P.L.27-1993, SEC.8; P.L.1-2006, SEC.79; P.L.204-2007, SEC.4.
IC 4-23-5.5-3
Officers; quorum; majority vote; expenses of members
Sec. 3. (a) The governor shall appoint one (1) of the appointedmembers as chairman. Five (5) members of the board shall constitutea quorum and the affirmative vote of a majority of the membershipshall be necessary for any action taken by the board. A vacancy inthe membership of the board does not impair the right of the quorumto act.
(b) All the members of the board shall be reimbursed for theiractual expenses incurred in the performance of their duties. Theappointed members may also receive a per diem allowance asdetermined by the budget agency for attendance of board meetingsand activities. All reimbursement for expenses shall be as providedby law.
As added by Acts 1980, P.L.20, SEC.1. Amended by P.L.10-1990,SEC.5; P.L.27-1993, SEC.9; P.L.204-2007, SEC.5.
IC 4-23-5.5-4
Chief administrative officer; employees, agents, and consultants;budget
Sec. 4. A representative appointed by the division, in consultationwith the lieutenant governor or the lieutenant governor's designee,shall be the chief administrative officer for the board and shall directand supervise the administrative affairs and technical activities of theboard in accordance with rules, regulations, and policies establishedby the board. The division may appoint the employees as the boardmay require and the agents or consultants as may be necessary forimplementing this chapter. The division shall prepare an annualadministrative budget for review by the budget agency and thebudget committee.
As added by Acts 1980, P.L.20, SEC.1. Amended by P.L.36-1983,SEC.1; P.L.27-1993, SEC.10; P.L.1-2006, SEC.80; P.L.204-2007,SEC.6.
IC 4-23-5.5-5
Conflict of interest; disclosure by members
Sec. 5. A member of the board must disclose to the board anyinterest in a project the board may be considering for action. Theboard shall determine whether that member shall be allowed toparticipate in activities related to that project.
As added by Acts 1980, P.L.20, SEC.1.
IC 4-23-5.5-6
Duties and powers of board
Sec. 6. (a) The board shall do the following: (1) Adopt procedures for the regulation of its affairs and theconduct of its business.
(2) Meet at the offices of the division on call of:
(A) the lieutenant governor or the lieutenant governor'sdesignee; or
(B) the commissioner of the department of environmentalmanagement or the commissioner's designee;
at least once each calendar quarter. The meetings shall be uponten (10) days written notification, shall be open to the public,and shall have official minutes recorded for public scrutiny.
(3) Report annually in an electronic format under IC 5-14-6 tothe legislative council the projects in which it has participatedand is currently participating with a complete list ofexpenditures for those projects.
(4) Annually prepare an administrative budget for review by thebudget agency and the budget committee.
(5) Keep proper records of accounts and make an annual reportof its condition to the state board of accounts.
(6) Receive petitions and make determinations underIC 13-20.5-2-2.
(b) The board shall consider projects involving the creation of thefollowing:
(1) Markets for products made from recycled materials.
(2) New products made from recycled materials.
(c) The board may promote, fund, and encourage programsfacilitating the development and implementation of waste reduction,reuse, and recycling in Indiana.
As added by Acts 1980, P.L.20, SEC.1. Amended by P.L.10-1990,SEC.6; P.L.27-1993, SEC.11; P.L.28-2004, SEC.46; P.L.1-2006,SEC.81; P.L.204-2007, SEC.7; P.L.178-2009, SEC.1.
IC 4-23-5.5-6.5
Adoption of rules by department of environmental management
Sec. 6.5. The department of environmental management mayadopt rules under IC 4-22-2 to carry out the duties, purposes, andfunctions of this chapter.
As added by P.L.144-2006, SEC.11. Amended by P.L.204-2007,SEC.8.
IC 4-23-5.5-7
Authorized board expenditures
Sec. 7. The board, upon approval by the governor and the budgetagency, may make the following expenditures:
(1) Matching grants to federal, state, and local governmentalagencies for research and development of:
(A) recycling projects; and
(B) recycling market development projects;
in Indiana.
(2) Matching grants to individuals, corporations, limitedliability companies, partnerships, educational institutions, and
other private sector groups for recycling and recycling marketresearch and development.
(3) Direct grants, loans, or loan guarantees to those individualsand organizations specified in subdivision (1) or (2) of thissection.
(4) Contractual services for recycling and recycling marketresearch and development programs.
(5) Other projects and expenses consistent with this chapter.
As added by Acts 1980, P.L.20, SEC.1. Amended by P.L.8-1993,SEC.30; P.L.27-1993, SEC.12; P.L.1-1994, SEC.11; P.L.204-2007,SEC.9.
IC 4-23-5.5-8
Eminent domain
Sec. 8. The board does not have the authority to exercise thepower of eminent domain.
As added by Acts 1980, P.L.20, SEC.1.
IC 4-23-5.5-9
Additional powers
Sec. 9. The board may:
(1) on behalf of the state, receive and accept grants, gifts, andcontributions from public agencies, including the federalgovernment, and from private agencies and private sources,including the Indiana business modernization and technologycorporation, for the purpose of researching and developingrecycling within the state, and may administer such, includingcontracting with other public and private organizations, to carryout the purposes for which such grants, gifts, and contributionswere made;
(2) establish application forms and procedures for programsconsistent with this chapter;
(3) accept applications from private and public sources forfunding of programs consistent with this chapter;
(4) provide funding for studies, research projects, and otheractivities required to assess the nature and extent of recyclingmarkets in Indiana and the nature and extent of recyclingresources to meet the needs of the state;
(5) deposit funds not currently needed to meet the obligationsof the board with the treasurer of state to the credit of the fund,or invest in obligations as provided by IC 5-13-10.5; and
(6) participate in or sponsor programs, conferences, or seminarsaimed at assisting the state in promoting recycling marketdevelopment.
As added by Acts 1980, P.L.20, SEC.1. Amended by P.L.36-1983,SEC.2; P.L.19-1987, SEC.4; P.L.10-1991, SEC.7; P.L.27-1993,SEC.13; P.L.18-1996, SEC.1; P.L.204-2007, SEC.10.
IC 4-23-5.5-10
Energy development fund Sec. 10. (a) The "energy development fund" is established as adedicated fund to be administered by the board. Money in the fundshall be expended by the board exclusively to effect the provisionsof this chapter and may include administrative costs.
(b) All money received by the board for deposit in the energydevelopment fund shall be deposited in the fund.
(c) No portion of the fund shall revert to the general fund of thestate at the end of a fiscal year. However, if the fund is abolished itscontents shall revert to the general fund of the state.
(d) All money accruing to the fund is appropriated continuouslyfor the purposes specified in this chapter.
As added by Acts 1980, P.L.20, SEC.1. Amended by P.L.36-1983,SEC.3; P.L.10-1990, SEC.7; P.L.27-1993, SEC.14.
IC 4-23-5.5-11
Revolving loan program
Sec. 11. The board may establish and administer a revolving loanprogram for the purpose of making low interest loans to projectsdesigned to promote the development and efficient use of energyresources or to promote recycling market development. The interestrates for the loans shall be fixed by the board.
As added by Acts 1980, P.L.20, SEC.1. Amended by P.L.27-1993,SEC.15.
IC 4-23-5.5-12
Repealed
(Repealed by P.L.11-1993, SEC.9.)
IC 4-23-5.5-13
Repealed
(Repealed by P.L.11-1993, SEC.9.)
IC 4-23-5.5-14
Recycling promotion and assistance fund
Sec. 14. (a) The Indiana recycling promotion and assistance fundis established. The purpose of the fund is to promote and assistrecycling throughout Indiana by focusing economic developmentefforts on businesses and projects involving recycling. The fund shallbe administered by the board.
(b) Sources of money for the fund consist of the following:
(1) Appropriations from the general assembly.
(2) Repayment proceeds of loans made from the fund.
(3) Gifts and donations.
(4) Money from the solid waste management fund.
(5) Variable recycling fee revenue deposited underIC 13-20.5-2-1.
(c) Money remaining in the fund at the end of a state fiscal yeardoes not revert to the state general fund.
(d) The board may use money in the fund to make loans to assist:
(1) persons in establishing new recycling businesses; (2) in the expansion of existing recycling businesses; and
(3) manufacturers in retrofitting equipment necessary to reuseor recycle secondary materials.
(e) The board shall establish loan:
(1) amounts;
(2) terms; and
(3) interest rates.
(f) The board may use money in the fund to make grants forresearch and development projects involving recycling. The boardshall establish amounts for grants.
(g) A person, business, or manufacturer that wants a grant or loanfrom the fund must file an application with the board.
(h) The board shall establish criteria for awarding grants and loansunder this section.
(i) The board may transfer money in the fund to the state solidwaste management fund established by IC 13-20-22-2 for use by thedepartment of environmental management to make payments underIC 13-20-17.7-6.
As added by P.L.10-1990, SEC.9. Amended by P.L.170-2006, SEC.1;P.L.178-2009, SEC.2.
IC 4-23-5.5-15
Energy efficiency loan fund
Sec. 15. (a) The Indiana energy efficiency loan fund is establishedfor the purpose of assisting Indiana industries and governing bodies(as defined in IC 36-1-12.5-1.5) in undertaking energy efficiencyprojects. The fund shall be administered by the board.
(b) Sources of money for the fund consist of the following:
(1) Appropriations from the general assembly.
(2) Repayment proceeds, including interest, of loans made fromthe fund.
(3) Donations, gifts, and money received from any other source,including transfers from other funds or accounts.
(c) Money remaining in the fund at the end of a state fiscal yeardoes not revert to the state general fund.
(d) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public funds may be invested. Interest that accruesfrom these investments shall be deposited in the fund.
(e) The board shall establish:
(1) amounts, terms, and interest rates for loans under thissection; and
(2) criteria for awarding loans under this section.
(f) A person, business, governing body, or manufacturer thatwants a loan from the fund must file an application in the mannerprescribed by the board.
As added by P.L.24-1993, SEC.2. Amended by P.L.227-1999,SEC.11.
IC 4-23-5.5-16
Coal research grant fund
Sec. 16. (a) As used in this section, "center" refers to the centerfor coal technology research established by IC 21-47-4-1.
(b) The Indiana coal research grant fund is established for thepurpose of providing grants for research and other projects designedto develop and expand markets for Indiana coal. The fund shall beadministered by the center.
(c) Sources of money for the fund consist of the following:
(1) Appropriations from the general assembly.
(2) Donations, gifts, and money received from any other source,including transfers from other funds or accounts.
(d) Money remaining in the fund at the end of a state fiscal yeardoes not revert to the state general fund.
(e) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public funds may be invested. Interest that accruesfrom these investments shall be deposited in the fund.
(f) The center shall establish:
(1) amounts for grants under this section; and
(2) criteria for awarding grants under this section.
(g) A person, business, or manufacturer that wants a grant fromthe fund must file an application in the manner prescribed by thecenter.
(h) The center shall appoint a panel of at least eight (8) membersto review and make recommendations to the center about eachapplication filed under this section. To be a member of the panel, anindividual must be a scientist, a professional engineer registeredunder IC 25-31-1, or another professional who is familiar with coalcombustion, coal properties, coal byproducts, and other coal uses.
(i) The lieutenant governor shall pursue available private andpublic sources of money for the fund.
As added by P.L.24-1993, SEC.3. Amended by P.L.159-2002, SEC.2;P.L.171-2003, SEC.2; P.L.1-2006, SEC.82; P.L.2-2007, SEC.54.