IC 6-6-10
Chapter 10. Local Emergency Planning and Right to Know Fund
IC 6-6-10-1 "SARA" defined
Sec. 1. As used in this chapter, "SARA" refers to the Superfund
Amendments and Reauthorization Act of 1986 (P.L.99-499). As added by P.L.70-1988, SEC.1.
IC 6-6-10-2 "Emergency and hazardous chemical inventory form" defined
Sec. 2. As used in this chapter, "emergency and hazardous
chemical inventory form" has the meaning set forth in 42 U.S.C.
11022. As added by P.L.70-1988, SEC.1.
IC 6-6-10-2.2 "Emergency response commission" defined
Sec. 2.2. As used in this chapter, "emergency response
commission" refers to the state emergency response commission
appointed by the governor in compliance with 42 U.S.C. 11001(a). As added by P.L.61-1990, SEC.1.
IC 6-6-10-3 "Facility" defined
Sec. 3. As used in this chapter, "facility" has the meaning set forth
in 42 U.S.C. 11049(4). As added by P.L.70-1988, SEC.1.
IC 6-6-10-4 "Hazardous chemical" defined
Sec. 4. As used in this chapter, "hazardous chemical" has the
meaning set forth in 42 U.S.C. 11022(c). As added by P.L.70-1988, SEC.1.
IC 6-6-10-4.2 "Local emergency planning committee" defined
Sec. 4.2. As used in this chapter, "local emergency planning
committee" refers to a local emergency planning committee of a
county appointed by the emergency response commission in
compliance with 42 U.S.C. 11001(a). As added by P.L.61-1990, SEC.2.
IC 6-6-10-5 Establishment of fund
Sec. 5. The local emergency planning and right to know fund is
established for the purpose of providing each county with funds to
help implement Title III of SARA (42 U.S.C. 11001 et seq.). The
department of state revenue shall administer the fund. The fund
consists of:
(1) revenue produced by the fee imposed under section 6 of this
chapter; and
(2) accrued interest and other investment earnings of the fund. As added by P.L.70-1988, SEC.1.
IC 6-6-10-6 Fees
Sec. 6. (a) Each year a fee is imposed on a facility that must
submit an emergency and hazardous chemical inventory form. The
amount of the fee is as follows:
(1) For a facility in which at least one million (1,000,000)
pounds of any hazardous chemical was present at one (1) time
during the year preceding the year in which the fee is imposed,
a fee of two hundred dollars ($200).
(2) For a facility in which, in the year preceding the year in
which the fee is imposed, one (1) or more hazardous chemicals
were present in amounts exceeding the threshold quantities
established under 42 U.S.C. 11022(b), but the total amount of
any hazardous chemical present did not at any one (1) time
equal or exceed one million (1,000,000) pounds, a fee of one
hundred dollars ($100).
(3) For a facility that contains underground storage tanks (as
defined in IC 13-11-2-241) and was subject to the reporting
requirement in 42 U.S.C. 6991a(a), but in which, in the year
preceding the year in which the fee is imposed, no hazardous
chemicals were present in amounts exceeding the threshold
quantities established under 42 U.S.C. 11022(b), (other than
substances stored in underground storage tanks that must be
reported under 42 U.S.C. 6991a(a)), a fee of fifty dollars ($50).
(b) A facility subject to the fee imposed by this section shall file
annual returns with the department of state revenue in a manner and
at a time provided by the department of state revenue. As added by P.L.70-1988, SEC.1. Amended by P.L.61-1990, SEC.3;
P.L.1-1996, SEC.54.
IC 6-6-10-7 Distribution, purpose, and administration of fund
Sec. 7. (a) Before July 1 of each year, the department of state
revenue shall distribute the money in the emergency planning and
right to know fund as follows:
(1) Ten percent (10%) allocated to the emergency response
commission and administered by the department of homeland
security to be used to enhance communication among local
emergency planning committees and between local emergency
planning committees and the emergency response commission
in order to strengthen joint hazardous material incident response
capabilities. Money received as an allocation under this
subdivision does not revert to the state general fund at the end
of a state fiscal year.
(2) The distribution to the hazardous substance response fund
established by IC 13-25-4-1 that is authorized for the year by
the general assembly.
(3) A distribution of the remaining money as follows:
(A) To each county, two thousand five hundred dollars
($2,500).
(B) To each county, an additional distribution in an amount
determined in STEP TWO of the following formula:
STEP ONE: Divide the amount available for distribution
by the number of annual returns filed under section 6(b) of
this chapter in the calendar year preceding the distribution.
STEP TWO: Multiply the quotient determined in STEP
ONE by the number of facilities located in each county.
The department of state revenue may make a distribution to a
county under this subdivision only after receiving notice from
the emergency response commission that the local emergency
planning committee for the county has met the requirements of
IC 13-25-1-6(b).
(b) The revenue distributed to the county under this section shall
be deposited in a separate fund established by the county for the
purpose of:
(1) preparing and updating a comprehensive emergency
response plan required under 42 U.S.C. 11003 for the county or
emergency planning district;
(2) establishing and implementing procedures for receiving and
processing requests from the public for information about
hazardous chemicals under Title III of SARA (42 U.S.C. 11001
et seq.);
(3) training for emergency response planning, information
management, and hazardous materials incident response;
(4) equipping a hazardous materials response team that provides
at least a district wide emergency planning response if the
equipment purchased is consistent with current training levels
of the response team members;
(5) purchasing communication equipment for a local emergency
planning committee's administrative use;
(6) paying an optional stipend to local emergency planning
committee members who attend regularly scheduled meetings
at which a quorum is present in an amount:
(A) determined by a majority of the local emergency
planning committee membership; and
(B) that is not more than twenty dollars ($20) per member
per meeting;
(7) paying for Title III risk communication, chemical accident
related, and accident prevention projects submitted to and
approved by the Indiana emergency response commission; and
(8) maintaining, repairing, and calibrating equipment purchased
for a hazardous materials response team under subdivision (4).
However, revenue distributed to a county under this section may be
used for the purpose set forth in subdivisions (3) through (8) only if
the local emergency planning committee appointed for the county has
prepared and submitted to the emergency response commission an
emergency plan that meets the requirements of 42 U.S.C. 11003(a)
and has received approval for the training programs from the
emergency response commission.
(c) The fund established under subsection (b) shall be
administered by the county executive. The expenses of administering
the fund shall be paid from money in the fund. Money in the fund not
currently needed to meet the obligations of the fund may be invested
in the same manner as other public funds. Interest that accrues from
these investments shall be deposited in the fund. Money in the fund
at the end of the fiscal year remains in the fund and does not revert
to any other fund.
(d) Money shall be appropriated by a county fiscal body (as
defined in IC 36-1-2-6) from a fund established under subsection (b)
upon the receipt by the county fiscal body of the local emergency
planning committee's spending plan. The spending plan must:
(1) have been approved by a majority of the members of the
local emergency planning committee; and
(2) conform with the provisions of this chapter.
The county fiscal body may not appropriate money from the fund
established under subsection (b) for any person or purpose other than
the local emergency planning committee.
(e) All equipment, apparatus, and supplies purchased with money
from a fund established under subsection (b) remains under the
direction and control of the local emergency planning committee. As added by P.L.70-1988, SEC.1. Amended by P.L.61-1990, SEC.4;
P.L.101-1995, SEC.1; P.L.1-1996, SEC.55; P.L.63-1996, SEC.1;
P.L.66-1997, SEC.1; P.L.1-2006, SEC.146; P.L.57-2008, SEC.1.
IC 6-6-10-8 Local emergency planning committees; reports
Sec. 8. Each year, a local emergency planning committee shall
submit to the emergency response commission a report that describes
the expenditures of the local emergency planning committee in the
preceding year that were paid for with money distributed under
section 7 of this chapter. As added by P.L.61-1990, SEC.5. Amended by P.L.101-1995, SEC.2.
IC 6-6-10-9 Commission's right to withhold funds
Sec. 9. The emergency response commission may withhold a local
emergency planning committee's funding for failure to provide
annually to the commission one (1) of the following:
(1) The report required under section 8 of this chapter.
(2) Proof of published legal notice required under SARA.
(3) An updated version of the local emergency planning
committee's emergency preparedness plan as required under
SARA.
(4) A copy of the current bylaws of the local emergency
planning committee as required by SARA.
(5) Evidence of an exercise of the response plan required under
SARA.
(6) A roster of the current membership of the local emergency
planning committee as required under IC 13-25-1-6(b)(2).
(7) Minutes of the local emergency planning committee
meetings conducted at least two (2) times, on separate days,
every six (6) months as required under IC 13-25-1-6(b)(3). As added by P.L.101-1995, SEC.3. Amended by P.L.1-1996, SEC.56;
P.L.92-2001, SEC.1.
IC 6-6-10
Chapter 10. Local Emergency Planning and Right to Know Fund
IC 6-6-10-1 "SARA" defined
Sec. 1. As used in this chapter, "SARA" refers to the Superfund
Amendments and Reauthorization Act of 1986 (P.L.99-499). As added by P.L.70-1988, SEC.1.
IC 6-6-10-2 "Emergency and hazardous chemical inventory form" defined
Sec. 2. As used in this chapter, "emergency and hazardous
chemical inventory form" has the meaning set forth in 42 U.S.C.
11022. As added by P.L.70-1988, SEC.1.
IC 6-6-10-2.2 "Emergency response commission" defined
Sec. 2.2. As used in this chapter, "emergency response
commission" refers to the state emergency response commission
appointed by the governor in compliance with 42 U.S.C. 11001(a). As added by P.L.61-1990, SEC.1.
IC 6-6-10-3 "Facility" defined
Sec. 3. As used in this chapter, "facility" has the meaning set forth
in 42 U.S.C. 11049(4). As added by P.L.70-1988, SEC.1.
IC 6-6-10-4 "Hazardous chemical" defined
Sec. 4. As used in this chapter, "hazardous chemical" has the
meaning set forth in 42 U.S.C. 11022(c). As added by P.L.70-1988, SEC.1.
IC 6-6-10-4.2 "Local emergency planning committee" defined
Sec. 4.2. As used in this chapter, "local emergency planning
committee" refers to a local emergency planning committee of a
county appointed by the emergency response commission in
compliance with 42 U.S.C. 11001(a). As added by P.L.61-1990, SEC.2.
IC 6-6-10-5 Establishment of fund
Sec. 5. The local emergency planning and right to know fund is
established for the purpose of providing each county with funds to
help implement Title III of SARA (42 U.S.C. 11001 et seq.). The
department of state revenue shall administer the fund. The fund
consists of:
(1) revenue produced by the fee imposed under section 6 of this
chapter; and
(2) accrued interest and other investment earnings of the fund. As added by P.L.70-1988, SEC.1.
IC 6-6-10-6 Fees
Sec. 6. (a) Each year a fee is imposed on a facility that must
submit an emergency and hazardous chemical inventory form. The
amount of the fee is as follows:
(1) For a facility in which at least one million (1,000,000)
pounds of any hazardous chemical was present at one (1) time
during the year preceding the year in which the fee is imposed,
a fee of two hundred dollars ($200).
(2) For a facility in which, in the year preceding the year in
which the fee is imposed, one (1) or more hazardous chemicals
were present in amounts exceeding the threshold quantities
established under 42 U.S.C. 11022(b), but the total amount of
any hazardous chemical present did not at any one (1) time
equal or exceed one million (1,000,000) pounds, a fee of one
hundred dollars ($100).
(3) For a facility that contains underground storage tanks (as
defined in IC 13-11-2-241) and was subject to the reporting
requirement in 42 U.S.C. 6991a(a), but in which, in the year
preceding the year in which the fee is imposed, no hazardous
chemicals were present in amounts exceeding the threshold
quantities established under 42 U.S.C. 11022(b), (other than
substances stored in underground storage tanks that must be
reported under 42 U.S.C. 6991a(a)), a fee of fifty dollars ($50).
(b) A facility subject to the fee imposed by this section shall file
annual returns with the department of state revenue in a manner and
at a time provided by the department of state revenue. As added by P.L.70-1988, SEC.1. Amended by P.L.61-1990, SEC.3;
P.L.1-1996, SEC.54.
IC 6-6-10-7 Distribution, purpose, and administration of fund
Sec. 7. (a) Before July 1 of each year, the department of state
revenue shall distribute the money in the emergency planning and
right to know fund as follows:
(1) Ten percent (10%) allocated to the emergency response
commission and administered by the department of homeland
security to be used to enhance communication among local
emergency planning committees and between local emergency
planning committees and the emergency response commission
in order to strengthen joint hazardous material incident response
capabilities. Money received as an allocation under this
subdivision does not revert to the state general fund at the end
of a state fiscal year.
(2) The distribution to the hazardous substance response fund
established by IC 13-25-4-1 that is authorized for the year by
the general assembly.
(3) A distribution of the remaining money as follows:
(A) To each county, two thousand five hundred dollars
($2,500).
(B) To each county, an additional distribution in an amount
determined in STEP TWO of the following formula:
STEP ONE: Divide the amount available for distribution
by the number of annual returns filed under section 6(b) of
this chapter in the calendar year preceding the distribution.
STEP TWO: Multiply the quotient determined in STEP
ONE by the number of facilities located in each county.
The department of state revenue may make a distribution to a
county under this subdivision only after receiving notice from
the emergency response commission that the local emergency
planning committee for the county has met the requirements of
IC 13-25-1-6(b).
(b) The revenue distributed to the county under this section shall
be deposited in a separate fund established by the county for the
purpose of:
(1) preparing and updating a comprehensive emergency
response plan required under 42 U.S.C. 11003 for the county or
emergency planning district;
(2) establishing and implementing procedures for receiving and
processing requests from the public for information about
hazardous chemicals under Title III of SARA (42 U.S.C. 11001
et seq.);
(3) training for emergency response planning, information
management, and hazardous materials incident response;
(4) equipping a hazardous materials response team that provides
at least a district wide emergency planning response if the
equipment purchased is consistent with current training levels
of the response team members;
(5) purchasing communication equipment for a local emergency
planning committee's administrative use;
(6) paying an optional stipend to local emergency planning
committee members who attend regularly scheduled meetings
at which a quorum is present in an amount:
(A) determined by a majority of the local emergency
planning committee membership; and
(B) that is not more than twenty dollars ($20) per member
per meeting;
(7) paying for Title III risk communication, chemical accident
related, and accident prevention projects submitted to and
approved by the Indiana emergency response commission; and
(8) maintaining, repairing, and calibrating equipment purchased
for a hazardous materials response team under subdivision (4).
However, revenue distributed to a county under this section may be
used for the purpose set forth in subdivisions (3) through (8) only if
the local emergency planning committee appointed for the county has
prepared and submitted to the emergency response commission an
emergency plan that meets the requirements of 42 U.S.C. 11003(a)
and has received approval for the training programs from the
emergency response commission.
(c) The fund established under subsection (b) shall be
administered by the county executive. The expenses of administering
the fund shall be paid from money in the fund. Money in the fund not
currently needed to meet the obligations of the fund may be invested
in the same manner as other public funds. Interest that accrues from
these investments shall be deposited in the fund. Money in the fund
at the end of the fiscal year remains in the fund and does not revert
to any other fund.
(d) Money shall be appropriated by a county fiscal body (as
defined in IC 36-1-2-6) from a fund established under subsection (b)
upon the receipt by the county fiscal body of the local emergency
planning committee's spending plan. The spending plan must:
(1) have been approved by a majority of the members of the
local emergency planning committee; and
(2) conform with the provisions of this chapter.
The county fiscal body may not appropriate money from the fund
established under subsection (b) for any person or purpose other than
the local emergency planning committee.
(e) All equipment, apparatus, and supplies purchased with money
from a fund established under subsection (b) remains under the
direction and control of the local emergency planning committee. As added by P.L.70-1988, SEC.1. Amended by P.L.61-1990, SEC.4;
P.L.101-1995, SEC.1; P.L.1-1996, SEC.55; P.L.63-1996, SEC.1;
P.L.66-1997, SEC.1; P.L.1-2006, SEC.146; P.L.57-2008, SEC.1.
IC 6-6-10-8 Local emergency planning committees; reports
Sec. 8. Each year, a local emergency planning committee shall
submit to the emergency response commission a report that describes
the expenditures of the local emergency planning committee in the
preceding year that were paid for with money distributed under
section 7 of this chapter. As added by P.L.61-1990, SEC.5. Amended by P.L.101-1995, SEC.2.
IC 6-6-10-9 Commission's right to withhold funds
Sec. 9. The emergency response commission may withhold a local
emergency planning committee's funding for failure to provide
annually to the commission one (1) of the following:
(1) The report required under section 8 of this chapter.
(2) Proof of published legal notice required under SARA.
(3) An updated version of the local emergency planning
committee's emergency preparedness plan as required under
SARA.
(4) A copy of the current bylaws of the local emergency
planning committee as required by SARA.
(5) Evidence of an exercise of the response plan required under
SARA.
(6) A roster of the current membership of the local emergency
planning committee as required under IC 13-25-1-6(b)(2).
(7) Minutes of the local emergency planning committee
meetings conducted at least two (2) times, on separate days,
every six (6) months as required under IC 13-25-1-6(b)(3). As added by P.L.101-1995, SEC.3. Amended by P.L.1-1996, SEC.56;
P.L.92-2001, SEC.1.
IC 6-6-10
Chapter 10. Local Emergency Planning and Right to Know Fund
IC 6-6-10-1 "SARA" defined
Sec. 1. As used in this chapter, "SARA" refers to the Superfund
Amendments and Reauthorization Act of 1986 (P.L.99-499). As added by P.L.70-1988, SEC.1.
IC 6-6-10-2 "Emergency and hazardous chemical inventory form" defined
Sec. 2. As used in this chapter, "emergency and hazardous
chemical inventory form" has the meaning set forth in 42 U.S.C.
11022. As added by P.L.70-1988, SEC.1.
IC 6-6-10-2.2 "Emergency response commission" defined
Sec. 2.2. As used in this chapter, "emergency response
commission" refers to the state emergency response commission
appointed by the governor in compliance with 42 U.S.C. 11001(a). As added by P.L.61-1990, SEC.1.
IC 6-6-10-3 "Facility" defined
Sec. 3. As used in this chapter, "facility" has the meaning set forth
in 42 U.S.C. 11049(4). As added by P.L.70-1988, SEC.1.
IC 6-6-10-4 "Hazardous chemical" defined
Sec. 4. As used in this chapter, "hazardous chemical" has the
meaning set forth in 42 U.S.C. 11022(c). As added by P.L.70-1988, SEC.1.
IC 6-6-10-4.2 "Local emergency planning committee" defined
Sec. 4.2. As used in this chapter, "local emergency planning
committee" refers to a local emergency planning committee of a
county appointed by the emergency response commission in
compliance with 42 U.S.C. 11001(a). As added by P.L.61-1990, SEC.2.
IC 6-6-10-5 Establishment of fund
Sec. 5. The local emergency planning and right to know fund is
established for the purpose of providing each county with funds to
help implement Title III of SARA (42 U.S.C. 11001 et seq.). The
department of state revenue shall administer the fund. The fund
consists of:
(1) revenue produced by the fee imposed under section 6 of this
chapter; and
(2) accrued interest and other investment earnings of the fund. As added by P.L.70-1988, SEC.1.
IC 6-6-10-6 Fees
Sec. 6. (a) Each year a fee is imposed on a facility that must
submit an emergency and hazardous chemical inventory form. The
amount of the fee is as follows:
(1) For a facility in which at least one million (1,000,000)
pounds of any hazardous chemical was present at one (1) time
during the year preceding the year in which the fee is imposed,
a fee of two hundred dollars ($200).
(2) For a facility in which, in the year preceding the year in
which the fee is imposed, one (1) or more hazardous chemicals
were present in amounts exceeding the threshold quantities
established under 42 U.S.C. 11022(b), but the total amount of
any hazardous chemical present did not at any one (1) time
equal or exceed one million (1,000,000) pounds, a fee of one
hundred dollars ($100).
(3) For a facility that contains underground storage tanks (as
defined in IC 13-11-2-241) and was subject to the reporting
requirement in 42 U.S.C. 6991a(a), but in which, in the year
preceding the year in which the fee is imposed, no hazardous
chemicals were present in amounts exceeding the threshold
quantities established under 42 U.S.C. 11022(b), (other than
substances stored in underground storage tanks that must be
reported under 42 U.S.C. 6991a(a)), a fee of fifty dollars ($50).
(b) A facility subject to the fee imposed by this section shall file
annual returns with the department of state revenue in a manner and
at a time provided by the department of state revenue. As added by P.L.70-1988, SEC.1. Amended by P.L.61-1990, SEC.3;
P.L.1-1996, SEC.54.
IC 6-6-10-7 Distribution, purpose, and administration of fund
Sec. 7. (a) Before July 1 of each year, the department of state
revenue shall distribute the money in the emergency planning and
right to know fund as follows:
(1) Ten percent (10%) allocated to the emergency response
commission and administered by the department of homeland
security to be used to enhance communication among local
emergency planning committees and between local emergency
planning committees and the emergency response commission
in order to strengthen joint hazardous material incident response
capabilities. Money received as an allocation under this
subdivision does not revert to the state general fund at the end
of a state fiscal year.
(2) The distribution to the hazardous substance response fund
established by IC 13-25-4-1 that is authorized for the year by
the general assembly.
(3) A distribution of the remaining money as follows:
(A) To each county, two thousand five hundred dollars
($2,500).
(B) To each county, an additional distribution in an amount
determined in STEP TWO of the following formula:
STEP ONE: Divide the amount available for distribution
by the number of annual returns filed under section 6(b) of
this chapter in the calendar year preceding the distribution.
STEP TWO: Multiply the quotient determined in STEP
ONE by the number of facilities located in each county.
The department of state revenue may make a distribution to a
county under this subdivision only after receiving notice from
the emergency response commission that the local emergency
planning committee for the county has met the requirements of
IC 13-25-1-6(b).
(b) The revenue distributed to the county under this section shall
be deposited in a separate fund established by the county for the
purpose of:
(1) preparing and updating a comprehensive emergency
response plan required under 42 U.S.C. 11003 for the county or
emergency planning district;
(2) establishing and implementing procedures for receiving and
processing requests from the public for information about
hazardous chemicals under Title III of SARA (42 U.S.C. 11001
et seq.);
(3) training for emergency response planning, information
management, and hazardous materials incident response;
(4) equipping a hazardous materials response team that provides
at least a district wide emergency planning response if the
equipment purchased is consistent with current training levels
of the response team members;
(5) purchasing communication equipment for a local emergency
planning committee's administrative use;
(6) paying an optional stipend to local emergency planning
committee members who attend regularly scheduled meetings
at which a quorum is present in an amount:
(A) determined by a majority of the local emergency
planning committee membership; and
(B) that is not more than twenty dollars ($20) per member
per meeting;
(7) paying for Title III risk communication, chemical accident
related, and accident prevention projects submitted to and
approved by the Indiana emergency response commission; and
(8) maintaining, repairing, and calibrating equipment purchased
for a hazardous materials response team under subdivision (4).
However, revenue distributed to a county under this section may be
used for the purpose set forth in subdivisions (3) through (8) only if
the local emergency planning committee appointed for the county has
prepared and submitted to the emergency response commission an
emergency plan that meets the requirements of 42 U.S.C. 11003(a)
and has received approval for the training programs from the
emergency response commission.
(c) The fund established under subsection (b) shall be
administered by the county executive. The expenses of administering
the fund shall be paid from money in the fund. Money in the fund not
currently needed to meet the obligations of the fund may be invested
in the same manner as other public funds. Interest that accrues from
these investments shall be deposited in the fund. Money in the fund
at the end of the fiscal year remains in the fund and does not revert
to any other fund.
(d) Money shall be appropriated by a county fiscal body (as
defined in IC 36-1-2-6) from a fund established under subsection (b)
upon the receipt by the county fiscal body of the local emergency
planning committee's spending plan. The spending plan must:
(1) have been approved by a majority of the members of the
local emergency planning committee; and
(2) conform with the provisions of this chapter.
The county fiscal body may not appropriate money from the fund
established under subsection (b) for any person or purpose other than
the local emergency planning committee.
(e) All equipment, apparatus, and supplies purchased with money
from a fund established under subsection (b) remains under the
direction and control of the local emergency planning committee. As added by P.L.70-1988, SEC.1. Amended by P.L.61-1990, SEC.4;
P.L.101-1995, SEC.1; P.L.1-1996, SEC.55; P.L.63-1996, SEC.1;
P.L.66-1997, SEC.1; P.L.1-2006, SEC.146; P.L.57-2008, SEC.1.
IC 6-6-10-8 Local emergency planning committees; reports
Sec. 8. Each year, a local emergency planning committee shall
submit to the emergency response commission a report that describes
the expenditures of the local emergency planning committee in the
preceding year that were paid for with money distributed under
section 7 of this chapter. As added by P.L.61-1990, SEC.5. Amended by P.L.101-1995, SEC.2.
IC 6-6-10-9 Commission's right to withhold funds
Sec. 9. The emergency response commission may withhold a local
emergency planning committee's funding for failure to provide
annually to the commission one (1) of the following:
(1) The report required under section 8 of this chapter.
(2) Proof of published legal notice required under SARA.
(3) An updated version of the local emergency planning
committee's emergency preparedness plan as required under
SARA.
(4) A copy of the current bylaws of the local emergency
planning committee as required by SARA.
(5) Evidence of an exercise of the response plan required under
SARA.
(6) A roster of the current membership of the local emergency
planning committee as required under IC 13-25-1-6(b)(2).
(7) Minutes of the local emergency planning committee
meetings conducted at least two (2) times, on separate days,
every six (6) months as required under IC 13-25-1-6(b)(3). As added by P.L.101-1995, SEC.3. Amended by P.L.1-1996, SEC.56;
P.L.92-2001, SEC.1.
