2007 Bills of Interest

Following are some of the key legislative matters the WUC is following in the 2007 Legislative session.

House Bills

HB1017, authored by Representative Pelath
passed House and Senate, signed by Speaker of the House, 4/18

Digest: Well water testing and operator costs. Requires the department of environmental management to pay certain costs of well water testing and operator services incurred by a nontransient noncommunity water system operated by a nonprofit entity that serves abused and neglected children. Appropriates money to make the payments.

HB1157, authored by Cheney
referred to Pensions and Labor committee 2/27

Digest: Common construction wage certification. Requires contractors and subcontractors on public works projects to certify each week certain information relating to the wages paid to the workers on the project.

HB1193, authored by Representative Crawford
passed House and Senate, signed by Speaker of the House 4/18

Digest: Sales tax exemption for wastewater utility. Defines "public utility", "collection plant and expenses", "system pumping plant and expenses", and "treatment and disposal plant and expenses" in the statute that exempts certain expenditures by a wastewater utility from sales tax.

Digest: Bioproducts initiative. Requires governmental bodies and state educational institutions to purchase biobased products under certain circumstances. Establishes the Indiana biobased products advisory commission.

HB1308, authored by Representatives Ceatham and Niezgodski
referred to Energy and Environmental Affairs committee 3/5

Digest: Local review of confined feeding operations. Allows the department of environmental management to approve the construction after December 31, 2008, of a confined feeding operation only if the construction has been approved by the local health department and the local zoning authority. Establishes the procedure for local approval, including an appeal to the county executive of an approval or denial. Provides for administrative guidance and rulemaking.

HB1483, authored by Representative Niezgodski
referred to Pensions and Labor committee 2/19

Digest: Common construction wage. Empowers the department of labor (department) to enforce the common construction wage law through investigation of alleged violations, imposition of certain remedies, and application for judicial remedies. Forbids retaliation against an individual who acts to assist the enforcement of the common construction wage law. Authorizes the department to adopt administrative rules to implement certain enforcement powers. Reduces from three classes to two skill levels the classification of labor to be employed in the performance of a contract for a public work project. Includes journeymen in the skilled labor level. Replaces the classes of semiskilled labor and unskilled labor with the apprentice labor level and defines apprentice. Provides that persons who have certain relationships with a contractor or subcontractor that violates the law may not be awarded public work contracts for certain periods of time. Provides that an agreement in which a worker agrees to work for less than the common construction wage is void. Authorizes certain persons to maintain a private action on behalf of a worker to recover damages for the contractor's or subcontractor's failure to pay the worker the common construction wage. Provides that violations of the common construction wage law are misdemeanors. Removes from the common construction wage law exceptions under which the law does not apply to: (1) contracts let by the Indiana department of transportation for the construction of highways, streets, and bridges; and (2) certain public work done for Purdue University on agricultural or forestry land owned or occupied by Purdue. Repeals a superseded criminal statute.

HB1738, authored by Welch, Crooks, Koch and Pierce
passed Senate with amendments, in conference committee 4/18

Digest: Use of outside water resources by water utilities. Provides that a water utility may not withdraw or transfer water from a reservoir outside the utility's service territory without first obtaining a certificate of public convenience and necessity from the utility regulatory commission (IURC). Requires an applicant for a certificate to provide the following to the IURC: (1) Certain data on existing and projected customer bases and demand for water by the utility's customers. (2) Proof that notice of the application has been given to communities and water utilities affected by the applicant's proposed use of the outside water resource. (3) An assessment by the department of natural resources (department) of the effect of the utility's proposed use of the outside water resource. Allows the department to conduct certain activities and studies to prepare an accurate assessment of the proposed use of the outside water resource. Requires the IURC to hold a hearing on an application for a certificate in each county in which the outside water resource is located. Requires the IURC to consider certain factors in deciding whether to issue a certificate. Provides that the IURC shall issue a certificate if the IURC determines that public convenience and necessity require the proposed withdrawals from the outside water resource. Provides that a water utility that is issued a certificate is subject to the terms and conditions of use prescribed by the IURC. Allows the IURC to revoke, suspend, or modify a certificate under certain circumstances. Allows the IURC to adopt rules, in consultation with the department, to implement the certification process. Prohibits sale, lease, exchange or transfer of certain water rights in Charlestown State Park without the approval of the River Ridge Development Authority.

Senate Bills

SB0101, authored by Senator Gard
referred to Judiciary committee 3/6

Digest: Environmental legal actions. Eliminates the requirement that a person that brings an environmental legal action (ELA) be a private person. Clarifies that a person may bring an ELA regardless of whether the person caused or contributed to the hazardous substance release or petroleum release that is the basis for the ELA. Establishes a statute of limitations for an ELA.

SB0103, authored by Senator Gard
passed House with amendments, in conference committee 4/12

Digest: Serial meetings and electronic meetings. Provides that, absent express statutory authorization, a member of the governing body of a public agency who is not physically present at a meeting but communicates with other members of the governing body during the meeting by an electronic means of communication may not participate in a final action taken at the meeting or be considered to be present at the meeting. Allows the governing body of a state educational institution, the Ivy Tech board of trustees (and a committee of the board), the board of trustees of Vincennes University (and a committee of the board), and the governing body of a joint agency of a municipal utility program to conduct meetings by electronic means. Provides that members of the governing body who participate in a series of gatherings either in person or by electronic means (excluding electronic mail) violate the open door law if: (1) at least two but less than a quorum of members attend each gathering; (2) the total sum of different members attending all gatherings at least equals a quorum of the governing body; (3) all the gatherings concern the same subject matter and are held within a period of not more than seven days; and (4) the gatherings are held for the purpose of taking official action on public business.

SB0154, authored by Senator Gard
passed House with amendments, in conference committee 4/12

Digest: Environmental matters. Allows an environmental rulemaking board to adopt an emergency rule to comply with a date provided by federal law. Establishes a special environmental rulemaking process for adoption or incorporation by reference of federal provisions or for technical or clarifying amendments. Requires the environmental quality service council to study environmental rulemaking and recycling issues.

SB0156, authored by Senator Gard
referred to Environmental Affairs committee 3/12

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 IC 13.

SB0205, authored by Senator Gard
passed House with amendments, in conference committee 4/12

Digest: Environmental permits. Provides that a person must apply for a new permit and meet the requirements of all applicable environmental laws existing at the time the new permit is sought if the person: (1) fails to act under an environmental construction or operating permit before the statutory deadline; or (2) applies for renewal of a permit. Allows the commissioner of the department of environmental management to revoke or modify a permit if a person fails to act under an environmental construction or operating permit before the statutory deadline.

SB0211, authored by Senator Ford
passed House with amendments, in conference committee 4/18

Digest: Bonds for public works projects. Increases to $500,000 the threshold at which bid, performance, and payment bonds are required for state and local public works.

SB0286, authored by Senator Kenley
passed House with amendments, returned to Senate 4/10

Digest: Environmental crimes. Makes violation of certain environmental statutes or permits a Class D felony if the violation proximately results in specified harm. Requires a court to consider any improper economic benefit received by a defendant, including unjust enrichment, in determining the level of fine to impose. Provides that a person who makes a material misstatement in an application for a permit or for certain forms of financial assistance commits a Class A misdemeanor. Makes falsifying certain data or interfering with monitoring devices a Class A misdemeanor. Makes poisoning a water supply or tampering with a water supply with intent to cause serious bodily injury a Class B felony. Permits a prosecuting attorney to appoint the attorney general or a deputy attorney general as a special deputy prosecuting attorney to assist in criminal proceedings related to a violation of environmental law. Repeals current provisions establishing offenses that are superseded by this bill.

SB0312, authored by Senators Hershman and Mishler
passed Senate and House, signed by Speaker 4/19

Digest: Local water corporations. Provides that the statute allowing local water corporations to withdraw from the jurisdiction of the utility regulatory commission (IURC) for certain purposes applies to a conservancy district that: (1) has as a purpose of the district the provision of water service; and (2) provides water service to less than 2,000 customers. (Currently the statute applies only to a water or sewer utility that: (1) is privately owned and serves less than 300 customers; (2) is a not- for-profit utility; or (3) is a cooperative corporation exempt from state and federal income taxes.)

SB0431, authored by Senator Gard
passed House with amendments, in conference committee 4/18

Digest: Confined feeding operations. Increases fees with respect to a confined feeding operation (CFO). Requires notice to persons located within one mile of the proposed manure storage facility at a proposed CFO. Establishes good character requirements for a CFO. Requires the state chemist to adopt rules relating to the use of fertilizer material and the distribution and storage of bulk commercial fertilizers. Makes conforming amendments.

SB0432, authored by Senator Gard
referred to Ways and Means committee 3/13

Digest: Environmental fees. Modifies various environmental fees related to wastewater and water treatment operators and facilities. The proposed bill would increase the fees associated with taking certification exams, renewal of operator licenses, and the annual facility permit fee. For wastewater certification exams the fee would increase from $30 to $100. Wastewater operations license renewals, currently $30, would increase to between $60 and $120 on a sliding scale depending upon the level of certification. Municipal NPDES permit holders would see approximately a 25% increase in both the current annual base and flow fees. 

SB0529, authored by Senators Jackman, Lawson and Bray
passed House with amendments, passed Senate 4/16

Digest: Pipeline construction standards. Requires the pipeline safety division (division) of the utility regulatory commission, in consultation with the department of agriculture (department), to adopt emergency rules to establish standards for the construction of pipelines that will be located in Indiana. Requires the rules to be adopted not later than September 1, 2007. Requires the division to consider adopting less burdensome or less costly standards for pipeline companies that locate a pipeline along existing rights of way or easements. Specifies certain standards that the rules must include. Provides that the standards are not binding on affected landowners. Requires the division to send a copy of the standards and other required information to: (1) a pipeline company that proposes to construct a pipeline in Indiana; and (2) all landowners affected by the proposed pipeline. Requires: (1) the director of the division; and (2) the director of the department; to designate one or more employees as project coordinators for each proposed or ongoing pipeline project. Requires the division and the department to make certain information available on their respective agencies' web sites.

Page last updated April 24, 2007