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Following are some of the key legislative matters the WUC is following in the 2008 Legislative session. House BillsHB1060, authored by Pelath DIGEST: Great Lakes compact. Implements the Great Lakes - St. Lawrence River Basin Water Resources Compact. HB1061, authored by Day, Foley DIGEST: Application of landlord-tenant statutes. Provides that the residential landlord-tenant statutes apply to a rental agreement that gives the tenant an option to purchase and that is entered into after June 30, 2008. Eliminates the lien on property for delinquent sewer and water charges incurred by a tenant who is not the owner of the property. HB1101, authored by Crooks DIGEST: Utility receipts tax. Exempts water service provided by a town with a population of not more than 5,000 from the utility receipts tax. HB1115, authored by Grubb DIGEST: Wabash River heritage corridor commission. Removes provision that money in the Wabash River heritage corridor commision fund does not revert to the state general fund at the end of a fiscal year. Establishes the Wabash River heritage corridor commission fund. Deposits proceeds paid for minerals taken from beneath the navigable waters in the state in the Wabash River heritage corridor fund. Makes a technical change. HB1120, authored by Dembowski Prohibitions on certain detergents. Eliminates the exemption of detergents for use in household dishwashing machine equipment from the restrictions on use, sale, and disposition of certain detergents after June 30, 2010. HB1180, authored by Moses, Jr.; Crooks DIGEST: Reconnection charges. Provides that the amount charged by a utility, other than a telecommunications provider, to reconnect service may not exceed actual reconnection costs. Permits a utility to require a deposit before reconnecting service. Requires a utility to reconnect service within one calendar day after being requested to reconnect service.
Senate BillsSB0040, authored by Meeks DIGEST: Permits for shoreline activities. Allows the natural resources commission to grant certain permits with an expiration period of more than two years. Allows a determination or judgment of a dispute among persons with competing riparian interests to be enforced in a civil proceeding. Provides that if: (1) a temporary structure has been placed in a public freshwater lake under a permit or an exemption pursuant to riparian rights arising from the ownership of real property; and (2) the ownership in fee simple of the real property is transferred; the person to whom the ownership of the real property is transferred, to maintain the temporary structure in its location, must obtain a permit or meet the requirements for an exemption according to the permit requirements or exemption requirements in effect when ownership of the real property is transferred to the person. If a temporary structure is in a public freshwater lake and there is a sale of the real property, the owner must disclose that the temporary structure may need to be modified by the purchaser to meet current department of natural resources specifications for the temporary structure.
SB0043, authored by Gard
DIGEST: Environmental matters. Requires, with respect to environmental rules subject to automatic expiration, the department of environmental management or the appropriate rulemaking board to publish a notice identifying which of the rules will be readopted. Allows use of the state solid waste management fund to provide grants and loans to promote beneficial uses of technologies for the conversion of solid waste into energy or another useful product by incineration, and gives priority to grants and loans for technologies for the conversion of waste tires. Establishes procedures to prevent a county department of storm water management and a municipal works board from imposing fees in the same area for storm water management.
SB0045, authored by Gard, Charbonneau, Jackman, DVM, Lanane, Landske, Tallian, Zakas
DIGEST: Great Lakes Compact. Implements the Great Lakes_St. Lawrence River Basin Water Resources Compact.
SB0046, authored by Gard
DIGEST: Environmental restrictive covenants. Provides that marketable record title to real property is subject to all interests of the department of environmental management arising from the recording of a restrictive covenant under the environmental laws. passed Committee on Energy and Environmental Affairs SB0160, authored by Gard DIGEST: Environmental legal actions. Specifies the statute of limitations for an environmental legal action. SB0088, authored by Meeks DIGEST: Lake management work group. Changes the expiration date for the lake management work group from July 1, 2008, to July 1, 2010. Allows the work group to hold four meetings per year. Makes conforming changes. SB0160, authored by Gard DIGEST: Environmental legal actions. Specifies the statute of limitations for an environmental legal action. Provides that the statute of limitations does not apply to litigation pending on the effective date of the act. SB0199, authored by Gard, Bray
DIGEST: Environmental crimes. Repeals environmental crimes statutes, and substitutes a statute that: (1) provides that knowing, intentional, or reckless violation of certain environmental statutes is an environmental crime; (2) provides that knowing, intentional, or reckless violation of certain permits is an environmental crime, and that knowing, intentional, reckless, or negligent violation of a National Pollutant Discharge Elimination System (NPDES) permit is an environmental crime; (3) eliminates as an element of those crimes the causing of certain types of risk or harm, but requires consideration of that factor in sentencing; and (4) eliminates the defense that the person did not know and could not reasonably have been expected to know that the person's actions were capable of causing those types of risk or harm, but requires consideration of that factor in sentencing.
SB200, authored by Gard DIGEST: Department of environmental management matters. Provides that a person must be qualified as a mediator under Indiana Supreme Court Rules to serve as a mediator in an administrative proceeding unless the parties and the administrative law judge agree to a mediator who is not qualified as such. Eliminates the requirement for the department of environmental management (IDEM) to include a laboratory division. Eliminates the requirement for certain water and wastewater operators to display certificates. Provides that a wastewater management vehicle must have an identification number issued by IDEM instead of a license. Provides that IDEM may issue a wastewater management permit that incorporates issuance of a wastewater management vehicle identification number and approval of a land application site. Eliminates the requirement for an applicant for certain waste permits to include the applicant's Social Security number in the application disclosure statement. Allows IDEM to require additional information in the application. With respect to the mercury switch removal program: (1) states the purposes of the program; (2) requires IDEM to pay recyclers for removed anti-lock braking system G-force sensors and other components containing mercury; and (3) provides that the mercury switch removal requirement does not apply if the removal would require dismantling of the vehicle. Transfers administration of the lead-based paint activities program from IDEM to the state department of health. Allows IDEM to use money in the underground petroleum storage tank excess liability trust fund for the inspection of underground storage tanks. Establishes standards for electronic submission of information to IDEM. SB0213, authored by Young, Jr.
DIGEST: Regional sewer districts. Provides that a regional sewer district that serves not more than 125 customers may: (1) recover a penalty of 10% from a user or an owner of property served by the district's sewage works if rates or charges assessed by the district are not paid within 30 days after they become due; and (2) require that a water utility providing water service to a delinquent user discontinue service until payment of all overdue rates or charges, along with any penalties, are received by the district.
SB0226, authored by Hershman DIGEST: Disposal of municipal utility property. Provides that a municipality that seeks to sell or dispose of nonsurplus municipally owned utility property must adopt an ordinance appointing three Indiana residents to serve as appraisers, as follows: (1) One disinterested person who is a licensed engineer. (2) Two disinterested persons who are licensed appraisers. (Current law provides for the appointment of one disinterested freeholder who is a resident of the municipality and two disinterested licensed appraisers). Eliminates the requirement that one of the licensed appraisers must reside not more than 50 miles from the property. Provides that if the municipality decides to proceed with the sale or disposition after the return of the appraisal, the municipality shall adopt an ordinance for the sale or disposition. Provides that not later than 45 days after the return of the appraisal, the municipality shall publish notice of a hearing on the ordinance for the sale or disposition. (Current law provides for the adoption of the ordinance after the hearing on the sale or disposition.) Allows a municipality to proceed to sell or dispose of the property if a petition opposing the sale or disposition is not filed within 30 days after the notice of hearing. (Current law provides that a municipality shall proceed to sell or dispose of the property if a petition is not filed within the 30 day period.) SB0286, authored by Zakas DIGEST: Ballast water and sediment in oceangoing vessels. Provides that, beginning July 1, 2009, each oceangoing vessel engaging in port operations in Indiana must obtain a permit from the department of environmental management (IDEM). Allows IDEM to issue a permit only if the applicant can demonstrate that the vessel will not discharge aquatic nuisance species, or if the vessel discharges ballast water or sediment, that the operator of the vessel will use environmentally sound technology and methods to prevent the discharge of aquatic nuisance species. Requires IDEM to establish a ballast water and sediment inspection program that ensures that aquatic nuisance species do not enter the waters of Indiana. Requires the water pollution control board to adopt rules to implement these provisions.
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