CHAPTER 11. UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD
IC 13-23-11
Chapter 11. Underground Storage Tank Financial Assurance
Board
IC 13-23-11-1
Creation
Sec. 1. The underground storage tank financial assurance board
is created.
As added by P.L.1-1996, SEC.13.
IC 13-23-11-2
Members
Sec. 2. The board consists of the following sixteen (16) members:
(1) The commissioner or the commissioner's designee.
(2) The state fire marshal or the state fire marshal's designee.
(3) The treasurer of state or the treasurer of state's designee.
(4) The commissioner of the department of state revenue or the
commissioner's designee.
(5) Twelve (12) individuals appointed by the governor for terms
of two (2) years as follows:
(A) One (1) member representing the independent petroleum
wholesale distributor-marketer industry.
(B) One (1) member representing the petroleum
refiner-supplier industry.
(C) One (1) member representing the service station dealer
industry who owns or operates less than thirteen (13)
underground petroleum storage tanks.
(D) One (1) member of the financial lending community
who has experience with loan guaranty programs.
(E) One (1) member representing the convenience store
operator industry.
(F) One (1) member representing environmental interests.
(G) One (1) member representing local government.
(H) Two (2) members representing the general public.
(I) One (1) member representing the independent petroleum
retail distributor marketer industry who owns or operates
more than twelve (12) underground petroleum storage tanks.
(J) One (1) member representing businesses that own
petroleum underground storage tanks and are not engaged in
the sale of petroleum.
(K) One (1) member representing the property and casualty
insurance industry.
As added by P.L.1-1996, SEC.13. Amended by P.L.131-1997, SEC.4.
IC 13-23-11-3
Compensation
Sec. 3. (a) Each member of the board who is not a state employee
is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
traveling expenses 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.
(b) Each member of the board who is a state employee is entitled
to reimbursement for traveling expenses 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.
As added by P.L.1-1996, SEC.13.
IC 13-23-11-4
Vacancies; appointment; term
Sec. 4. (a) If an appointed member of the board is not able to
serve the member's full term, the governor shall appoint an individual
to serve for the remainder of the unexpired term.
(b) The term of an appointed member of the board continues until
the member's successor has been appointed and qualified.
As added by P.L.1-1996, SEC.13.
IC 13-23-11-5
Officers
Sec. 5. The board, at the board's first meeting of each year, shall
elect from among the board's members a chairperson and other
officers necessary to transact business.
As added by P.L.1-1996, SEC.13.
IC 13-23-11-6
Quorum; meetings
Sec. 6. (a) The board must have a quorum to transact business.
Nine (9) members constitute a quorum.
(b) An affirmative vote of the majority of members present is
required for the board to take action.
(c) The board shall meet upon:
(1) the request of the chairperson; or
(2) the written request of three (3) of the board's members.
(d) A meeting must be held not later than fourteen (14) days after
a request is made.
As added by P.L.1-1996, SEC.13. Amended by P.L.131-1997, SEC.5.
IC 13-23-11-7
Duties of board
Sec. 7. (a) The board shall do the following:
(1) Adopt rules under IC 4-22-2 and IC 13-14-9 necessary to
carry out the duties of the board under this article.
(2) Take testimony and receive a written report at every meeting
of the board from the commissioner or the commissioner's
designee regarding the financial condition and operation of the
excess liability trust fund including:
(A) a detailed breakdown of contractual and administrative
expenses the department is claiming from the excess liability
trust fund under IC 13-23-7-1(4); and
(B) a claims statistics report consisting of the status and
value of each claim submitted to the fund and claims
payments made under IC 13-23-8-1.
The testimony and written report under this subdivision shall be
provided at every meeting of the board. However, the testimony
and written report are not required more than one (1) time
during any thirty (30) day period.
(3) Consult with the department on administration of the
underground petroleum storage tank excess liability trust fund
established by IC 13-23-7-1 in developing uniform policies and
procedures for revenue collection and claims administration of
the fund.
(b) The department shall consult with the board on administration
of the underground petroleum storage tank excess liability trust fund.
The consultation must include evaluation of alternative means of
administering the fund in a cost effective and efficient manner.
(c) At each meeting of the board, the department shall provide the
board with a written report on the financial condition and operation
of the underground petroleum storage tank trust fund established
under IC 13-23-6-1.
As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.19;
P.L.2-1997, SEC.49; P.L.131-1997, SEC.6; P.L.25-1997, SEC.16;
P.L.253-1997(ss), SEC.16; P.L.2-1998, SEC.55; P.L.63-1998,
SEC.5; P.L.14-2001, SEC.17.
IC 13-23-11-8
Repealed
(Repealed by P.L.25-1997, SEC.18.)