Ind. Code ch. 13-13-8

Ind. Code ch. 13-13-8
in effect

Ind. Code § 13-13-8-1 "Board"

Sec. 1. As used in this chapter, "board" refers to the environmental rules board established by section 3 of this chapter. As added by P.L.133-2012, SEC.72.

Ind. Code § 13-13-8-2 Abolishes boards

Sec. 2. (a) The following entities are abolished on January 1, 2013: (1) The air pollution control board (established by IC 13-17-2 before its repeal). (2) The water pollution control board (established by IC 13-18-1 before its repeal). (3) The solid waste management board (established by IC 13-19-2 before its repeal). (b) All powers, duties, and liabilities are transferred from the entities abolished under subsection (a) to the environmental rules board established by section 3 of this chapter effective January 1, 2013. As added by P.L.133-2012, SEC.72. Amended by P.L.135-2026, SEC.65.

Ind. Code § 13-13-8-3 Board established

Sec. 3. The environmental rules board is established as an independent board. As added by P.L.133-2012, SEC.72.

Ind. Code § 13-13-8-4 Membership

Sec. 4. (a) The board consists of the following eighteen (18) members: (1) The following ex officio members: (A) The commissioner, or the commissioner's designee, who serves as a nonvoting member of the board. (B) The director of the department of natural resources or the director's designee. (C) The director of the state department of agriculture or the director's designee. (D) The secretary of commerce or the secretary's designee. (E) The chairperson appointed under IC 13-13-7.1-6, who serves as a nonvoting member of the board. (F) The chairperson selected under IC 13-23-11-5, who serves as a nonvoting member of the board. (2) The following twelve (12) members, who shall be appointed by the governor based on recommendations from representative constituencies: (A) One (1) representative of agriculture. (B) One (1) representative of manufacturing. (C) One (1) representative of environmental interests. (D) One (1) representative of labor. (E) One (1) representative of local government. (F) One (1) representative of small business. (G) One (1) health professional. (H) One (1) representative of the solid waste management industry. (I) One (1) representative of a public utility. (J) One (1) representative of the construction industry. (K) Two (2) representatives of the general public. (b) An individual appointed under subsection (a)(2) must possess knowledge, experience, or education qualifying the individual to represent the constituency the individual is being recommended to represent. (c) In appointing members under subsection (a)(2), the governor may consider geographic location, political affiliation, and other factors to ensure viewpoints are fairly balanced. As added by P.L.133-2012, SEC.72. Amended by P.L.250-2019, SEC.6; P.L.135-2026, SEC.66.

Ind. Code § 13-13-8-7 Terms

Sec. 7. (a) An appointed member of the board serves a term of four (4) years. A member may not serve more than two (2) consecutive terms. (b) The term of each member of the board continues until a successor is appointed. (c) If a vacancy occurs in the appointed membership of the board, the governor shall appoint an individual to fill the unexpired term of the vacating member. A member appointed to fill a vacancy must meet the same qualifications specified under section 4 of this chapter for the vacating member. (d) The governor may remove an appointed member of the board at any time with or without cause. As added by P.L.133-2012, SEC.72. Amended by P.L.135-2026, SEC.69.

Ind. Code § 13-13-8-8 Compensation

Sec. 8. (a) Ex officio members of the board serve without additional compensation. (b) Each appointed member of the board is entitled to the following: (1) The minimum salary per diem provided by IC 4-10-11-2.1(b). (2) Reimbursement for traveling expenses provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties, as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency. (c) The per diem salary and mileage reimbursement are valid claims against the department. As added by P.L.133-2012, SEC.72.

Ind. Code § 13-13-8-9 Quorum

Sec. 9. Eight (8) members of the board, five (5) of whom must be appointed members of the board, constitute a quorum. A quorum must be present to transact business at a meeting of the board. Meetings of the board are subject to the public meeting requirements under IC 5-14-1.5. As added by P.L.133-2012, SEC.72.

Ind. Code § 13-13-8-10 Chairperson and vice chairperson

Sec. 10. The governor may designate: (1) one (1) of the appointed members of the board to serve as chairperson; and (2) another of the appointed members to serve as vice chairperson. As added by P.L.133-2012, SEC.72. Amended by P.L.135-2026, SEC.70.

Ind. Code § 13-13-8-11 Conflicts of interest

Sec. 11. Each member of the board shall fully disclose any potential conflicts of interest and recuse themselves as appropriate for particular matters before the board under the: (1) federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended; (2) federal Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.); (3) federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the federal Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9601 through 9675); (4) federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and (5) federal Safe Drinking Water Act (42 U.S.C. 300f through 300j). As added by P.L.133-2012, SEC.72. Amended by P.L.135-2026, SEC.71.

Ind. Code § 13-13-8-12 Technical secretary

Sec. 12. (a) The board shall select, from a list of three (3) qualified individuals recommended by the governor, an independent third party who is not an employee of the state to serve as technical secretary of the board. (b) Between meetings of the board, the department shall do the following: (1) Handle correspondence. (2) Make or arrange for investigations and surveys. (3) Obtain, assemble, or prepare reports and data as directed by the board. (c) The technical secretary shall review all materials prepared for the board by the department to make any necessary revisions. Provisions of this chapter concerning terms of appointment, vacancies, and compensation of appointed board members apply to the technical secretary. The technical secretary is not a voting member of the board. As added by P.L.133-2012, SEC.72.

Ind. Code § 13-13-8-13 Legal counsel

Sec. 13. (a) The board may select, from a list of three (3) qualified individuals recommended by the governor, an independent third party who is not an employee of the state to serve as legal counsel. (b) Provisions of this chapter concerning terms of appointment, vacancies, and compensation of appointed board members apply to the legal counsel. The legal counsel is not a voting member of the board. As added by P.L.133-2012, SEC.72. Amended by P.L.135-2026, SEC.72.

Ind. Code § 13-13-8-14 Advisory committees

Sec. 14. The board may establish advisory committees for the purpose of giving advice on any matters pertaining to the business of the board. Board members may also be members of an advisory committee. A member appointed to an advisory committee, who is not a member of the board, shall serve at the pleasure of the board and is not entitled to a salary, per diem, or reimbursement of expenses. As added by P.L.133-2012, SEC.72. Amended by P.L.135-2026, SEC.73.

Ind. Code § 13-13-8-15 Rules

Sec. 15. The board shall adopt rules under IC 4-22-2 and IC 13-14-9 that are consistent with the purposes of this title. As added by P.L.133-2012, SEC.72.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/13Fetched: 10/17/2026

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