Indiana Senate Bill 433 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Republican 3-0)
Status: Passed on May 17 2011 - 100% progression
Action: 2011-05-18 - SECTIONS 48 through 49 effective 07/01/2011
Text: Latest bill text (Enrolled) [HTML]

Expands the duties of solid waste management districts to include the implementation of educational programs for the public concerning reuse and recycling of electronic waste, collection programs, and proper disposal of electronic waste. Provides that the electronic digital signature act does not apply to the department of environmental management (IDEM). Amends definitions of "owner" and "operator" and defines "foreclosure" to delineate exceptions from potential liability for cleanup that: (1) are consistent with federal law under underground storage tank, petroleum facility, and hazardous substance facility statutes; and (2) apply to lenders that foreclose on sites at which they did not participate in management before foreclosure and that undertake certain enumerated activities after foreclosure. Replaces the undefined term "sanitary landfill" with "solid waste landfill". Establishes deadlines for action by IDEM on various permit applications with respect to certain solid waste processing facilities. Expands the grounds on which the commissioner of IDEM may suspend or revoke a drinking water or wastewater operator certification. For purposes of wastewater management statutes, replaces the term "wastewater" with "septage". Provides that wastewater management statutes apply to land application of septage. Removes the limitation on the number of landfill inspectors IDEM may designate. Provides that an environmental restrictive ordinance (ERO) is an ordinance adopted by a municipal corporation that seeks to control the use of groundwater in a manner and to a degree that protects human health and the environment against unacceptable exposure to a release of hazardous substances, petroleum, or both. Requires IDEM to give written notice to a municipal corporation that the department is relying on an ERO adopted by the municipal corporation as part of a risk based remediation proposal. Requires a municipal corporation to notify IDEM of adoption, repeal, or amendment of an ERO only if the municipal corporation received that written notice. Allows, in streamlined rulemaking processes, the adoption of a proposed rule with amendments at the public hearing, and requires that the amendments meet logical outgrowth requirements. Modifies the deductible for claims against the underground petroleum storage tank excess liability trust fund by certain underground storage tank owners. Requires disclosure in the residential real estate sales disclosure form of known contamination caused by the manufacture of a controlled substance on the property that has not been certified as decontaminated by an approved environmental inspector. Provides that an owner or agent is required to disclose to a transferee any knowledge of a psychologically affected property in a real estate transaction if the transferred property is listed on the Indiana criminal justice institute's methamphetamine registry web site. Requires the environmental quality service council to study in 2011 each program administered by IDEM for which the annual revenue generated by the program exceeds IDEM's annual cost to administer the program. Authorizes IDEM to administer certain federal programs. Repeals a provision concerning air pollution control board permit or registration exemptions. Eliminates the northwest Indiana advisory board. Provides that for purposes of rules adopted by the air pollution control board, until April 1, 2012, a reference to "chemical process plants" does not include an ethanol production operation that: (1) produces ethanol by natural fermentation after July 2, 2007; and (2) is included in the North American Industry Classification System (NAICS) code 325193 (Ethyl Alcohol Manufacturing) or 312140 (Distilleries), as described in 72 FR 24059 (May 1, 2007). Provides that certain environmental rulemaking procedures do not apply to a proposed rule that constitutes an amendment to an existing Indiana rule if the primary and intended purpose of the rule is to clarify the existing rule.

Environmental issues.

Sen. James Buck [R]

Sen. Ed Charbonneau [R]

Sen. Beverly Gard [R]

2011-04-19 - Senate - Senate - Senate concurred in House amendments (Y: 39 N: 1 NV: 0 Abs: 0) [PASS]
2011-04-08 - House - House - Third reading: passed (Y: 88 N: 0 NV: 1 Abs: 11) [PASS]
2011-02-10 - Senate - Senate - Third reading: passed (Y: 49 N: 0 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2011-05-18		SECTIONS 48 through 49 effective 07/01/2011
2011-05-18		SECTIONS 42 through 47 effective 05/10/2011
2011-05-18		SECTION 41 effective 07/01/2011
2011-05-18		SECTIONS 38 through 40 effective 05/10/2011
2011-05-18		SECTIONS 24 through 37 effective 07/01/2011
2011-05-18		SECTION 23 effective 05/10/2011
2011-05-18		SECTION 22 effective 07/01/2011
2011-05-18		SECTION 21 effective 05/10/2011
2011-05-18		SECTION 20 effective 07/01/2011
2011-05-18		SECTIONS 17 through 19 effective 05/10/2011
2011-05-18		SECTIONS 14 through 16 effective 07/01/2011
2011-05-18		SECTION 13 effective 05/10/2011
2011-05-18		SECTIONS 7 through 12 effective 07/01/2011
2011-05-18		SECTIONS 2 through 6 effective 05/10/2011
2011-05-18		SECTION 1 effective 07/01/2011
2011-05-17		Public Law 159
2011-05-10		Signed by the Governor
2011-05-02		Signed by the President of the Senate
2011-04-27		Signed by the Speaker
2011-04-26		Signed by the President Pro Tempore
2011-04-19		Senate concurred in House amendments; Roll Call 382: yeas 47, nays 1
2011-04-11		Motion to concur in House amendments filed
2011-04-08		Returned to the Senate with amendments
2011-04-08		Third reading: passed; Roll Call 445: yeas 88, nays 0
2011-04-07		Second reading: ordered engrossed
2011-04-05		Committee report: amend do pass, adopted
2011-03-28		First reading: referred to Committee on Environmental Affairs
2011-02-10		House sponsor: Rep. Wolkins
2011-02-10		Referred to the House
2011-02-10		Third reading: passed; Roll Call 101: yeas 49 and nays 0
2011-02-07		Senator Buck added as third author
2011-02-07		Senator Charbonneau added as second author
2011-02-07		Amendment 1 (Randolph), failed;
2011-02-07		Amendment 2 (Gard), prevailed;
2011-02-07		Second reading: amended, ordered engrossed
2011-02-03		Committee report: do pass, adopted
2011-01-12		First reading: referred to Committee on Energy and Environmental Affairs
2011-01-12		Authored by Senator Gard

Type	Source
Summary	http://www.in.gov/apps/lsa/session/billwatch/billinfo?year=2011&session=1&request=getBill&doctype=SB&docno=0433
Text	http://www.in.gov/legislative/bills/2011/IN/IN0433.1.html
Text	http://www.in.gov/legislative/bills/2011/SB/SB0433.1.html
Text	http://www.in.gov/legislative/bills/2011/SB/SB0433.2.html
Text	http://www.in.gov/legislative/bills/2011/ES/ES0433.1.html
Text	http://www.in.gov/legislative/bills/2011/SE/SE0433.1.html
Roll Call	http://www.in.gov/legislative/bills/2011/PDF/Srollcal/0101.PDF.pdf
Roll Call	http://www.in.gov/legislative/bills/2011/PDF/Hrollcal/0445.PDF.pdf
Roll Call	http://www.in.gov/legislative/bills/2011/PDF/Srollcal/0382.PDF.pdf