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Indiana Section American Water Works Association
Legislative Update With AWWA/WUC Position - April 2, 2003
House Bills: 1221 1529 1671 1690 1935 1944
Senate Bills: 208
HB 1221
Various environmental matters. Establishes a permit program for the filling, dredging, and excavating of certain wetlands. Establishes a wetlands mitigation bank program. Establishes criteria for variances from water quality standards that are at least in part the basis of a National Pollutant Discharge Elimination System permit. Adds an economist to the membership of the air pollution control board, water pollution control board, and solid waste management board (boards) as a nonvoting advisory member. Specifies that ex officio members of the boards are nonvoting members. Repeals provisions allowing appointment of a proxy for meetings by ex officio board members. Requires the boards to contract with an individual, a business firm, or a legal firm to act as technical secretary. Allows the boards to contract with an individual or a legal firm to act as legal counsel. Transfers duties from the department of environmental management to the technical secretary.Latest Printing PDF• Action List
AWWA/WUC Position: While this bill contains a number of initiatives in which the AWWA/WUC has no comment, the AWWA/WUC does support efforts to streamline Indiana’s regulatory process. AWWA/WUC also has reservations about any efforts to diminish the authority of the Indiana Department of Environmental Management.
STATUS: Heard by the Environmental Affairs Committee, chaired by Senator Gard, March 31, 2003. In committee, everything except the water variance language for discharge permit was been removed. The bill was signed by the Governor on May 8, 2003, and became Public Law 231.
The environmental rule-making board process has been remanded to the EQSC for study this summer. Senator Gard will most likely chair that study.
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HB 1529
Utility mergers and IURC enforcement authority. Includes in the value of a utility's property for ratemaking purposes the value of certain qualified property. Allows an energy utility to recover through a retail rate adjustment mechanism certain government mandated costs incurred in providing retail energy service. Allows a public utility providing electric or gas service to implement rates proposed by the utility in a petition for a change in its basic rates if the utility regulatory commission (IURC) fails to issue an order on the petition within nine months. Requires the utility to refund to customers any difference between the rate implemented and the higher of the rates finally approved or previously in effect. Provides that certain transactions involving a utility company may not occur without IURC approval if the transaction will cause at least 50% of the company's voting stock to be held by different interests. Allows the IURC to impose a civil penalty of up to $5,000 if a public utility providing specified services or a rural electric membership corporation (REMC) violates any utility law or fails to comply with certain IURC rules or orders. Allows the IURC to impose an additional penalty of up to $10,000 if the violation or failure demonstrates a disregard by the public utility or REMC of its duty to remedy the violation or failure. Provides that public utilities subject to any environmental law may submit voluntary environmental compliance plans to the IURC. Repeals references to the federal Clean Air Act in the provisions concerning environmental compliance plans.
Latest Printing PDF • Action List
AWWA/WUC Position: Click here to read a letter from Indiana Section Chair Doug Perry and Water Utility Council Chair John Stancati.
STATUS: The bill died in session on April 2, 2003.
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HB 1671
Environmental fees and rulemaking. Increases certain fees collected by the department of environmental management. Provides that certain fee increases do not apply to state and local units of government. Prohibits the air pollution control board, water pollution control board, and solid waste management board from adopting rules and standards that are more stringent than corresponding federal provisions established under federal law unless authorized to do so by the general assembly. Prohibits an applicant from receiving a refund of a permit application fee if the permit application concerned the renewal of a permit.
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• Action List
AWWA/WUC Position: AWWA/WUC supports the increases as stated, as well as the idea that Indiana’s environmental rules and standards should not exceed federal environmental rules and standards.
STATUS: Heard by the Environmental Affairs Committee, chaired by Senator Gard, March 31, 2003. The bill was significantly amended:
• All IDEM fee increases were deleted.
• Language that said you cannot have any rule that goes beyond federal standard was also stripped out.
• Modified language was kept in relative to refund permitting fees if IDEM does not issue permit on timely basis.
• Gard amended SB208 verbatim into this bill.
The bill was signed by the Governor on May 8, 2003, and became Public Law 240.
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SB 0208
Environmental rulemaking. Requires the office of environmental adjudication to notify an environmental rulemaking board (ERB) of certain final orders concerning the ERB. With respect to environmental non-rule policy documents, requires the department of environmental management (IDEM) to make certain information available to the public and an ERB concerning the proposed adoption by the ERB. With respect to proposed rules of an ERB, requires disclosure of additional information in the rulemaking process, including justification for requirements and restrictions that exceed federal standards, and specifies when IDEM must provide to the ERB the fiscal analysis prepared by the legislative services agency. Requires the environmental quality service council to study the environmental rulemaking process.
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AWWA/WUC Position: AWWA/WUC supports the idea that Indiana’s environmental rules and standards should not exceed federal environmental rules and standards.
STATUS: The call for the third reading was withdrawn on April 14, 2003.
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HB 1690
State revolving fund programs. Requires the Indiana development finance authority to administer the wastewater revolving loan program, the drinking water revolving loan program, and the supplemental drinking water and wastewater assistance fund and program. Transfers to the authority powers and duties of the budget agency and department of environmental management with respect to the programs. Repeals provisions concerning certain duties relating to the administration of the programs.
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AWWA/WUC Position: The Indiana drinking water industry has serious reservations about House Bill 1690 and its efforts to strip the Indiana Department of Environmental Management of input with regard to allocation and distribution of revolving fund resources. The Indiana drinking water industry views such input as essential to the process of making intelligent decisions with regard to fund allocation.
We also do not believe the Indiana Development Finance Authority is equipped to make valid judgments with respect to the relative merits of various programs which may be considered for funding. Nor is there any assurance that Indiana water industry concerns would be given an appropriate hearing.
Finally, the consensus of the AWWA/WUC, as it was last year, is that maintaining full state match funding of the Drinking Water RLF is a top priority for the 2003 legislative session. As proposed, we are prepared to actively oppose this legislation.
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HB 1935
Vulnerability Assessment Information: Makes various changes in the laws concerning access to public records and the collection and protection of personal information.
As you know, House Bill 1935 proposes changes in access to Indiana’s public records and the collection and protection of personal information. Since the terrorist attacks of September 11, 2001, many water utilities and municipalities in Indiana have completed vulnerability assessments. For the safety of Indiana’s water supply, these records must not be accessible to the public.
The Water Utility Council strongly supports efforts to protect the Indiana drinking water industry’s vulnerability assessment documents from general dissemination. We hope that you will join our efforts.
Douglas D. Perry
Chairman, Indiana Section, American Water Works Association
John Stancati
Chairman, Water Utility Council
STATUS: The bill was signed by the Governor on May 8, 2003, and became Public Law 261.
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• Action List
AWWA/WUC Position: The Water Utility Council supports efforts to protect the Indiana drinking water industry’s vulnerability assessment records from general dissemination. As such, the AWWA/WUC supports HB 1935 to maintain the confidentiality of Indiana’s critical water system information. The following letter signed by Doug Perry and John Stancati was mailed to appropriate Indiana legislators and WUC membership on March 28, 2003:
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HB 1944
(Water Shortage Task Force) This bill died in Committee. However, The Indiana State Chamber is working with key legislators and Indiana state regulators to see if the concept can be placed into another bill.
AWWA/WUC Position: The Water Utility Council is actively monitoring the progress of the proposed Water Shortage Task Force and expects to be part of any Task Force makeup, should legislation be enacted.
STATUS: Vince Griffin, Indiana Chamber vice president of environmental and energy policy, worked with Tom Bruns and Randy Edgemon to develop a work plan and time frames for DNR to adhere to and is now pushing for a resolution to help them understand how important that is. Representative Thompson will be meeting with them to discuss in the near future.
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Other Legislation
Because of the variety and scope of the proposals pending before the General Assembly this year, and in view of the budget issues facing the General Assembly, the AWWA/WUC believes it is appropriate to limit the number of bills actively supported or not supported. This decision is subject to review in the event certain unanticipated developments may occur later in the session. See the Water Utility Council Web site for additional information on bills of interest. | | |
Updated: June 27th, 2006
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