CHAPTER 2. INDIANA CLEAN MANUFACTURING TECHNOLOGY AND SAFE MATERIALS INSTITUTE
IC 13-27.5-2
Chapter 2. Indiana Clean Manufacturing Technology and Safe
Materials Institute
IC 13-27.5-2-1
Establishment and operation
Sec. 1. A university or nonprofit corporation located in Indiana
shall establish and operate the Indiana clean manufacturing
technology and safe materials institute under this article.
As added by P.L.124-1997, SEC.22.
IC 13-27.5-2-2
Application and selection of university or nonprofit corporation
Sec. 2. (a) The board shall select a university or nonprofit
corporation to establish the institute. A university or nonprofit
corporation that:
(1) is located in Indiana; and
(2) submits an application to the board;
must be considered for selection under this section.
(b) The board's selection of a university or nonprofit corporation
shall be based on an objective application of criteria relating to the
suitability of the university or nonprofit corporation as the
establishing entity and site for the institute. The board shall adopt
guidelines:
(1) governing the application and selection process; and
(2) setting forth the criteria to be applied in making the
selection.
As added by P.L.124-1997, SEC.22.
IC 13-27.5-2-3
Statement indicating services and programs offered
Sec. 3. The university or nonprofit corporation selected to
establish and operate the institute shall submit to the board a
statement indicating the types of services, programs, and priorities
related to pollution prevention that the institute will offer.
As added by P.L.124-1997, SEC.22.
IC 13-27.5-2-4
Biennial budget request
Sec. 4. The university or nonprofit corporation selected to
establish and operate the institute shall, in cooperation with the
director, develop and submit to the board for approval the institute's
biennial budget request.
As added by P.L.124-1997, SEC.22.
IC 13-27.5-2-5
Powers and duties
Sec. 5. (a) The institute:
(1) shall establish cooperative programs; and
(2) may contract duties authorized by the board;
with public and private colleges and universities designed to augment
the implementation of this article. However, the institute shall
maintain administrative and policy control over the work contracted
under subdivision (2).
(b) The institute may establish fees, tuitions, or other financial
charges for the programs of the institute.
(c) The institute shall do the following through the institute's
programs:
(1) Develop and provide curriculum and training on clean
manufacturing for:
(A) students and faculty;
(B) employees of the division;
(C) manufacturing managers; and
(D) employees of manufacturers.
(2) Engage in research, development, and demonstration of
techniques and methods for clean manufacturing, including the
following:
(A) An assessment of the impact of adopting the methods on
the environment, public health, and work exposure.
(B) Assessments of the impact on profitability and
employment within affected manufacturing companies and
industries.
(3) Provide waste generators an opportunity to develop clean
manufacturing plans.
(4) Develop methods to measure clean manufacturing progress
at the plant level and the company level on the basis of
reduction in waste generation and changes in toxic materials use
relative to production output for specific wastes. This
subdivision may not be construed to require a manufacturer to
reveal the trade secrets of the manufacturer.
As added by P.L.124-1997, SEC.22.
IC 13-27.5-2-6
Clean manufacturing planning programs
Sec. 6. (a) The institute shall establish and operate a planning
program for individuals who desire to be qualified as clean
manufacturing planners. Public and private colleges and universities
located in Indiana may establish and operate programs for qualifying
clean manufacturing planners. To ensure consistent training
procedures, the institute shall provide a curriculum plan for
qualifying clean manufacturing planners to colleges and universities
that do not operate the institute.
(b) The programs established under this section shall be designed
to train auditors to be qualified to:
(1) assist manufacturers and manufacturer organizations in the
development and implementation of the most up-to-date clean
manufacturing techniques and practices; and
(2) prepare and review clean manufacturing plans referred to in
IC 13-27.5-3.
(c) The institute shall qualify as a clean manufacturing planner an
individual who has successfully completed a clean manufacturing
planning program.
As added by P.L.124-1997, SEC.22.
IC 13-27.5-2-7
Assisting governmental agencies or manufacturers in developing
methods for assessing progress
Sec. 7. The institute shall:
(1) assist governmental agencies, manufacturers, and
manufacturer organizations in developing methods and
measurement techniques for assessing progress in clean
manufacturing per unit of output; and
(2) explore the development of personal computer software for
these purposes.
As added by P.L.124-1997, SEC.22.
IC 13-27.5-2-8
Assisting in training of inspectors or personnel
Sec. 8. If requested by the commissioner, the institute may assist
in the training of inspectors and other key personnel employed by the
division or the department in clean manufacturing concepts, methods,
and technology.
As added by P.L.124-1997, SEC.22.
IC 13-27.5-2-9
Annual reports
Sec. 9. (a) Before January 1 of each year, the institute shall
prepare and submit to:
(1) the governor;
(2) the board;
(3) the commissioner; and
(4) the general assembly;
a report on the institute's operations and activities under this chapter
including the status, funding, and results of all projects. A report
submitted to the general assembly must be in an electronic format
under IC 5-14-6.
(b) The report must do the following:
(1) Include recommendations the institute has for legislation.
(2) Identify state and federal economic and financial incentives
that can best accelerate and maximize the research,
development, demonstration, and support of clean
manufacturing technologies and practices.
(3) Include an assessment by the institute of the grants program
administered by the department under IC 13-27-2.
(4) Include a proposed work plan for the following year.
(5) Identify state and federal policies that may serve as
disincentives to the adoption of clean manufacturing
technologies and practices by manufacturers.
As added by P.L.124-1997, SEC.22. Amended by P.L.28-2004,
SEC.125.
IC 13-27.5-2-10
Activities and policies must address specific problems and be
coordinated; grants
Sec. 10. (a) The activities and policies of the institute must
address specific problems involving a particular situation or
condition affecting a manufacturer at production locations.
(b) The activities of the institute must be coordinated with the
activities of other public and private programs that provide
managerial and technical assistance to manufacturers, including
programs operated by public and private educational institutions. The
institute may make grants to public or private persons or associations
to establish and operate elements of the program or to advance the
goals of the institute's program.
As added by P.L.124-1997, SEC.22.
IC 13-27.5-2-11
Written memorandum of understanding
Sec. 11. The:
(1) board;
(2) institute; and
(3) department;
may enter into a written memorandum of understanding describing
the responsibilities of the board, the institute, and the department in
coordinating grants under IC 13-27-2-10 and pilot projects under
IC 13-27-2-11.
As added by P.L.124-1997, SEC.22.
IC 13-27.5-2-12
Providing experts; assisting manufacturers in recycling techniques
Sec. 12. (a) The institute may provide experts for:
(1) onsite technical assistance;
(2) economic advice; and
(3) other managerial advice;
to manufacturers and industries needing assistance, including advice
on planning for clean manufacturing and advice on clean
manufacturing audits.
(b) The institute may assist a manufacturer as provided in
subsection (a) to implement inprocess recycling techniques that
involve onsite recycling processes that:
(1) return a potential environmental waste directly to a
production unit from which the waste originated using
mechanical means that are an integral part of the production
unit of concern;
(2) are based on the production schedule of the production unit
of concern; and
(3) are consistent with accepted engineering practices.
As added by P.L.124-1997, SEC.22.
IC 13-27.5-2-13
Studies; requirements
Sec. 13. (a) The institute may conduct and publish studies
regarding development and implementation of national, state, and
local governmental policies and programs concerning the following:
(1) Clean manufacturing.
(2) Related policies and programs.
(b) Studies conducted under this section must review activities
described in section 7 of this chapter by addressing the following:
(1) Clarity and scope of definitions used in a policy.
(2) Institutional features of a program.
(3) Key policy instruments used to implement a policy or
program, including the following:
(A) Information policy concerning the following:
(i) Chemical usage and waste data and data on industry
location and characteristics.
(ii) Economic, organizational, and technological
characteristics and dynamics of manufacturers or other
institutions.
(B) Analytic policy concerning assessment of diffusion and
innovation of clean manufacturing technologies and
strategies, including those involving reducing the use of
toxics.
(C) Education and assistance policy activities concerning the
following:
(i) Outreach programs.
(ii) Training programs.
(iii) University based programs.
(iv) Analysis of planning requirements.
(v) Other similar activities.
(D) Economic policy activities concerning positive and
negative economic incentives and disincentives for clean
manufacturing.
(E) Regulatory policy activities concerning regulatory
intervention designed to achieve expeditious or more
comprehensive industrial clean manufacturing, including the
following:
(i) Clean manufacturing regulatory review.
(ii) Regulatory concessions for reducing the use of toxics.
(iii) Expanded regulatory coverage of harmful materials.
(iv) Enhanced enforcement.
(4) Program funding.
As added by P.L.124-1997, SEC.22.
IC 13-27.5-2-14
Studies; identification of problems
Sec. 14. The institute shall:
(1) conduct studies to identify problems encountered by
manufacturers and governments attempting to implement
multimedia clean manufacturing or related programs; and
(2) recommend policies and programs to address these
problems.
As added by P.L.124-1997, SEC.22.
IC 13-27.5-2-15
Studies; state information clearinghouse for clean manufacturing;
free use of data
Sec. 15. (a) The institute may do the following:
(1) Establish programs for the study of private and
nongovernmental clean manufacturing or related initiatives,
proposals, and programs.
(2) Review and assess national and international clean
manufacturing technology innovation and diffusion.
(3) Develop and promote involvement in studies concerning
aspects of clean manufacturing that have an effect on changing
institutions and values.
(4) Recommend clean manufacturing policy instruments and
concepts.
(5) Develop curriculum to be used in elementary and secondary
school programs.
(6) Establish and operate a state information clearinghouse for
clean manufacturing to do the following:
(A) Promote clean manufacturing statewide among all
industries and companies.
(B) Assist in obtaining information on the progress of
multimedia reduction of environmental wastes and related
environmental policies and programs.
(b) The institute shall permit and facilitate free use of data
gathered under subsection (a) by manufacturers, governmental
agencies, and the general public. A manufacturer may not be required
to submit information of a proprietary nature to the clearinghouse.
As added by P.L.124-1997, SEC.22.
IC 13-27.5-2-16
Public availability of studies and reports
Sec. 16. (a) Except as provided in subsection (c), the institute
shall make any:
(1) study;
(2) report;
(3) assessment; or
(4) analysis;
prepared by the institute under sections 11 through 13 of this chapter
available to the public.
(b) The institute may provide any document described in
subsection (a):
(1) free of charge; or
(2) at a reduced charge;
to a person that is exempt from federal income taxation under
Section 501(c)(3) of the Internal Revenue Code.
(c) The institute may not make information concerning a
particular manufacturer available to the public through:
(1) a study;
(2) a report;
(3) an assessment; or
(4) an analysis;
conducted under sections 11 through 13 of this chapter unless the
manufacturer has provided the institute written approval for the
public release of the information.
As added by P.L.124-1997, SEC.22.