IC 13-13-7
Chapter 7. Environmental Quality Service Council and
Compliance 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 a
committee of the council. As added by P.L.12-2005, SEC.3.
IC 13-13-7-3 Environmental quality service council and compliance advisory
panel membership and appointments
Sec. 3. (a) The council consists of seventeen (17) voting members
and one (1) nonvoting member. The panel consists of seven (7)
voting members.
(b) The appointed members of the council and the panel are
appointed 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 business
stationary sources; and
(B) to serve as members of the council, two (2) other
members of the senate who are not affiliated with the same
political 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 business
stationary sources; and
(B) to serve as members of the council, two (2) other
members of the house of representatives who are not
affiliated with the same political party.
(3) The governor shall appoint as members individuals who are
not members of the general assembly as follows:
(A) To the council, two (2) individuals to represent business
and industry, not more than one (1) of whom may be
affiliated with the same political party.
(B) To the council, two (2) individuals to represent local
government, not more than one (1) of whom may be a solid
waste 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) individuals
to represent environmental interests, not more than one (1)
of whom may be a solid waste management district director
and not more than one (1) of whom may be affiliated with
the same political party.
(D) To the council, two (2) individuals to represent the
following 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 to
represent the public who is not:
(i) an owner of a small business stationary source; or
(ii) a representative of owners of small business stationary
sources.
(F) To the panel to represent the public, one (1) individual
appointed 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 stationary
sources.
(c) The commissioner or commissioner's designee serves as a
nonvoting 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 for
two (2) years after the date of the appointment. However, a member
shall 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 council
or panel, the appointing authority of the member whose position is
vacant shall fill the vacancy by appointment.
(b) Except as provided in subsection (c), if the appointing
authority does not fill a vacancy within sixty (60) days after the date
the vacancy occurs, the vacancy shall be filled by appointment by the
chairman of the legislative council.
(c) Subsection (b) does not apply to a member of the council who
is 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 the
council; and
(2) a legislative member of the panel to be the chair of the
panel.
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 meet
at least one (1) time during a calendar year. The chair may designate
committees of the council to meet between council meetings and
report 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 at
least one (1) time during a calendar year. A meeting of the panel
during the calendar year may be held only on a date on which the
council 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 of
IC 13-20.5.
(ii) Appropriate guidelines for the Indiana recycling
market development board for determining under
IC 13-20.5-2-2 whether a manufacturer has made good
faith progress to achieve substantial compliance with
IC 13-20.5.
(2) Advise the commissioner on policy issues decided on by the
council.
(3) Review the mission and goals of the department and
evaluate the implementation of the mission.
(4) Serve as a council of the general assembly to evaluate:
(A) resources and structural capabilities of the department to
meet the department's priorities; and
(B) program requirements and resource requirements for the
department.
(5) Serve as a forum for citizens, the regulated community, and
legislators to discuss broad policy directions.
(6) Submit a final report to the legislative council, in an
electronic format under IC 5-14-6, that contains at least the
following:
(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 of
the federal Clean Air Act (42 U.S.C. 7661f); and
(2) is not required to submit an annual report to the legislative
council. 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 month
concerning 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 support
to 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, the
council and the panel shall operate under the rules of the legislative
council. As added by P.L.12-2005, SEC.3.
IC 13-13-7
Chapter 7. Environmental Quality Service Council and
Compliance 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 a
committee of the council. As added by P.L.12-2005, SEC.3.
IC 13-13-7-3 Environmental quality service council and compliance advisory
panel membership and appointments
Sec. 3. (a) The council consists of seventeen (17) voting members
and one (1) nonvoting member. The panel consists of seven (7)
voting members.
(b) The appointed members of the council and the panel are
appointed 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 business
stationary sources; and
(B) to serve as members of the council, two (2) other
members of the senate who are not affiliated with the same
political 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 business
stationary sources; and
(B) to serve as members of the council, two (2) other
members of the house of representatives who are not
affiliated with the same political party.
(3) The governor shall appoint as members individuals who are
not members of the general assembly as follows:
(A) To the council, two (2) individuals to represent business
and industry, not more than one (1) of whom may be
affiliated with the same political party.
(B) To the council, two (2) individuals to represent local
government, not more than one (1) of whom may be a solid
waste 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) individuals
to represent environmental interests, not more than one (1)
of whom may be a solid waste management district director
and not more than one (1) of whom may be affiliated with
the same political party.
(D) To the council, two (2) individuals to represent the
following 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 to
represent the public who is not:
(i) an owner of a small business stationary source; or
(ii) a representative of owners of small business stationary
sources.
(F) To the panel to represent the public, one (1) individual
appointed 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 stationary
sources.
(c) The commissioner or commissioner's designee serves as a
nonvoting 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 for
two (2) years after the date of the appointment. However, a member
shall 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 council
or panel, the appointing authority of the member whose position is
vacant shall fill the vacancy by appointment.
(b) Except as provided in subsection (c), if the appointing
authority does not fill a vacancy within sixty (60) days after the date
the vacancy occurs, the vacancy shall be filled by appointment by the
chairman of the legislative council.
(c) Subsection (b) does not apply to a member of the council who
is 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 the
council; and
(2) a legislative member of the panel to be the chair of the
panel.
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 meet
at least one (1) time during a calendar year. The chair may designate
committees of the council to meet between council meetings and
report 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 at
least one (1) time during a calendar year. A meeting of the panel
during the calendar year may be held only on a date on which the
council 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 of
IC 13-20.5.
(ii) Appropriate guidelines for the Indiana recycling
market development board for determining under
IC 13-20.5-2-2 whether a manufacturer has made good
faith progress to achieve substantial compliance with
IC 13-20.5.
(2) Advise the commissioner on policy issues decided on by the
council.
(3) Review the mission and goals of the department and
evaluate the implementation of the mission.
(4) Serve as a council of the general assembly to evaluate:
(A) resources and structural capabilities of the department to
meet the department's priorities; and
(B) program requirements and resource requirements for the
department.
(5) Serve as a forum for citizens, the regulated community, and
legislators to discuss broad policy directions.
(6) Submit a final report to the legislative council, in an
electronic format under IC 5-14-6, that contains at least the
following:
(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 of
the federal Clean Air Act (42 U.S.C. 7661f); and
(2) is not required to submit an annual report to the legislative
council. 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 month
concerning 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 support
to 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, the
council and the panel shall operate under the rules of the legislative
council. As added by P.L.12-2005, SEC.3.
IC 13-13-7
Chapter 7. Environmental Quality Service Council and
Compliance 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 a
committee of the council. As added by P.L.12-2005, SEC.3.
IC 13-13-7-3 Environmental quality service council and compliance advisory
panel membership and appointments
Sec. 3. (a) The council consists of seventeen (17) voting members
and one (1) nonvoting member. The panel consists of seven (7)
voting members.
(b) The appointed members of the council and the panel are
appointed 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 business
stationary sources; and
(B) to serve as members of the council, two (2) other
members of the senate who are not affiliated with the same
political 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 business
stationary sources; and
(B) to serve as members of the council, two (2) other
members of the house of representatives who are not
affiliated with the same political party.
(3) The governor shall appoint as members individuals who are
not members of the general assembly as follows:
(A) To the council, two (2) individuals to represent business
and industry, not more than one (1) of whom may be
affiliated with the same political party.
(B) To the council, two (2) individuals to represent local
government, not more than one (1) of whom may be a solid
waste 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) individuals
to represent environmental interests, not more than one (1)
of whom may be a solid waste management district director
and not more than one (1) of whom may be affiliated with
the same political party.
(D) To the council, two (2) individuals to represent the
following 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 to
represent the public who is not:
(i) an owner of a small business stationary source; or
(ii) a representative of owners of small business stationary
sources.
(F) To the panel to represent the public, one (1) individual
appointed 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 stationary
sources.
(c) The commissioner or commissioner's designee serves as a
nonvoting 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 for
two (2) years after the date of the appointment. However, a member
shall 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 council
or panel, the appointing authority of the member whose position is
vacant shall fill the vacancy by appointment.
(b) Except as provided in subsection (c), if the appointing
authority does not fill a vacancy within sixty (60) days after the date
the vacancy occurs, the vacancy shall be filled by appointment by the
chairman of the legislative council.
(c) Subsection (b) does not apply to a member of the council who
is 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 the
council; and
(2) a legislative member of the panel to be the chair of the
panel.
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 meet
at least one (1) time during a calendar year. The chair may designate
committees of the council to meet between council meetings and
report 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 at
least one (1) time during a calendar year. A meeting of the panel
during the calendar year may be held only on a date on which the
council 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 of
IC 13-20.5.
(ii) Appropriate guidelines for the Indiana recycling
market development board for determining under
IC 13-20.5-2-2 whether a manufacturer has made good
faith progress to achieve substantial compliance with
IC 13-20.5.
(2) Advise the commissioner on policy issues decided on by the
council.
(3) Review the mission and goals of the department and
evaluate the implementation of the mission.
(4) Serve as a council of the general assembly to evaluate:
(A) resources and structural capabilities of the department to
meet the department's priorities; and
(B) program requirements and resource requirements for the
department.
(5) Serve as a forum for citizens, the regulated community, and
legislators to discuss broad policy directions.
(6) Submit a final report to the legislative council, in an
electronic format under IC 5-14-6, that contains at least the
following:
(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 of
the federal Clean Air Act (42 U.S.C. 7661f); and
(2) is not required to submit an annual report to the legislative
council. 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 month
concerning 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 support
to 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, the
council and the panel shall operate under the rules of the legislative
council. As added by P.L.12-2005, SEC.3.
