§ 13-16-1-7 — Adjustments to environmental management permit operation fund

Indiana § 13-16-1-7

• Jurisdiction: Indiana
• Art. 16: FEES GENERALLY
• Ch. 1: General Provisions Regarding Establishment of Fees

Text

(a) Before billing a person under IC 13-18-20,
IC 13-20-21, or IC 13-22-12, the commissioner shall review the money
in the environmental management permit operation fund established
under IC 13-15-11 and make the following adjustments:
(1) If the balance of the fund collected under IC 13-18-20, once
obligated expenditures are subtracted from the balance, exceeds
two million five hundred thousand dollars ($2,500,000) as of July
1 each year, the commissioner shall adjust the annual fee schedule
to bill an amount, in the aggregate, equivalent to the fee schedule
amount, less the excess over two million five hundred thousand
dollars ($2,500,000). Adjustments to the individual bills must be
proportional to the applicable fee divided by the total amount
required by all the applicable fees. Adjustments to the annual fees
apply only to the next assessment year and then revert to the
amounts established under IC 13-18-20.
(2) If the balance of the fund collected under IC 13-20-21, once
obligated expenditures are subtracted from the balance, exceeds
two million five hundred thousand dollars ($2,500,000) as of July
1 each year, the commissioner shall adjust the annual fee schedule
to bill an amount, in the aggregate, equivalent to the fee schedule
amount, less the excess over two million five hundred thousand
dollars ($2,500,000). Adjustments to the individual bills must be
proportional to the applicable fee divided by the total amount
required by all the applicable fees. Adjustments to the annual fees
apply only to the next assessment year and then revert to the
amounts established under IC 13-20-21.
(3) If the balance of the fund collected under IC 13-22-12, once
obligated expenditures are subtracted from the balance, exceeds
two million five hundred thousand dollars ($2,500,000) as of July
1 each year, the commissioner shall adjust the annual fee schedule
to bill an amount, in the aggregate, equivalent to the fee schedule
amount, less the excess over two million five hundred thousand
dollars ($2,500,000). Adjustments to the individual bills must be
proportional to the applicable fee divided by the total amount
required by all the applicable fees. Adjustments to the annual fees
apply only to the next assessment year and then revert to the
amounts established under IC 13-22-12.
(b) The appropriate board may adopt rules under IC 4-22-2 and IC 13-14-9 to adjust the amount of the fund balance at which the
commissioner is required to adjust individual bills under subsection
(a)(1), (a)(2), or (a)(3). However, the amount of the fund balance
established by rule under this subsection may not exceed two million
five hundred thousand dollars ($2,500,000).

Legislative History

As added by P.L.224-1999, SEC.8.