MR. PRESIDENT:
The Senate Committee on Environmental Affairs, to which was referred House Bill No.
1824, has had the same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as follows:
SOURCE: Page 1, line 1; (01)CR182401.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 13-11-2-40; (01)CR182401.1. -->
"SECTION 1.
IC 13-11-2-40
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 40. "Confined feeding
operation", for purposes of
IC 13-18-10
,
IC 13-18-13
, and
IC 13-18-21
means:
(1) any confined feeding of:
(A) at least three hundred (300) cattle;
(B) at least six hundred (600) swine or sheep; and
(C) at least thirty thousand (30,000) fowl;
(2) any animal feeding operation electing to be subject to
IC 13-18-10
; or
(3) any animal feeding operation that is causing a violation of:
(A) water pollution control laws;
(B) any rules of the water pollution control board; or
(C)
IC 13-18-10.
A determination by the department under this subdivision is appealable
under IC 4-21.5.".
SOURCE: Page 2, line 22; (01)CR182401.2. -->
Page 2, line 22, after "(2)" insert " a private entity,".
subsection (b), the budget agency shall manage and administer all
aspects of the program.
(b) The budget agency shall designate aspects of the program to
be managed and administered by the department. When the budget
agency makes a designation under this subsection, the budget
agency shall direct the department in writing to manage and
administer the designated aspects of the program.
(c) The budget agency shall fix a budget for the aspects of the
program to be:
(1) managed and administered by the department under
subsection (b); and
(2) funded from:
(A) the fund; or
(B) a capitalization grant made by the United States
Environmental Protection Agency for the benefit of the
program.".
SOURCE: Page 4, line 38; (01)CR182401.4. -->
Page 4, line 38, strike "department".
Page 4, line 39, strike "and the".
Page 5, line 2, strike "department and the".
Page 5, line 10, strike "department" and insert " budget agency".
Page 5, line 12, strike "department" and insert " budget agency".
Page 5, line 16, after "(a)," insert " and subject to any bypass
procedures implemented by the budget agency to efficiently render
program assistance,".
Page 5, line 21, after "Sec. 10." insert " (a)".
Page 5, line 41, after "projects" insert " related to confined feeding
operations, farm field runoff, or failing sewage disposal systems".
Page 6, between lines 8 and 9, begin a new paragraph and insert:
" (b) The budget agency is not required to establish uniform
terms and conditions applicable to all loans or other financial
assistance under this chapter. Differences in the terms and
conditions may be based on:
(1) credit;
(2) loan structure;
(3) capital access;
(4) whether a participant is a political subdivision or a private
entity; or
(5) other factors the budget agency considers relevant.".
any banking for technical assistance in prior state fiscal years
permitted under that act, fifteen percent (15%) of the amount
credited to the fund in a state fiscal year shall be available solely for
providing loan assistance to participants for public water systems
regularly serving less than ten thousand (10,000) persons in Indiana to
the extent that the money can be obligated for eligible projects under
the federal Safe Drinking Water Act (42 U.S.C. 300f et seq.).
program.
(d) To avoid the loss of money allotted to the state under 42 U.S.C.
300j-12 et seq., the budget agency and the department shall develop
and implement a strategy to assist participants in acquiring and
maintaining technical, managerial, and financial capacity as
contemplated by 42 U.S.C. 300g-9. This is all the legal authority
required by the state for the budget agency and the department to
ensure that all new community water systems and new nontransient,
noncommunity water systems, as contemplated by the federal Safe
Drinking Water Act (42 U.S.C. 300f et seq.), commencing operations
after October 1, 1999, demonstrate technical, managerial, and financial
capacity with respect to each federal primary drinking water regulation
in effect on the date operations commence. The department has primary
responsibility to carry out this subsection.
(e) This chapter does not require the budget agency to provide a
loan or other financial assistance to any participant that would cause
any bonds or other obligations issued to finance the program to lose
their exemption from federal income taxation.
SOURCE: IC 13-18-21-4; (01)CR182401.24. -->
SECTION 24.
IC 13-18-21-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. The department and
the budget agency shall administer and manage the fund and program
in accordance with this chapter.
SOURCE: IC 13-18-21-5.5; (01)CR182401.25. -->
SECTION 25.
IC 13-18-21-5.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 5.5. (a) Except as provided in
subsection (b), the budget agency shall manage and administer all
aspects of the program.
(b) The budget agency shall designate aspects of the program to
be managed and administered by the department. When the budget
agency makes a designation under this subsection, the budget
agency shall direct the department in writing to manage and
administer the designated aspects of the program.
(c) The budget agency shall fix a budget for the aspects of the
program to be:
(1) managed and administered by the department under
subsection (b); and
(2) funded from:
(A) the fund; or
(B) a capitalization grant made by the United States
Environmental Protection Agency for the benefit of the
program.
SOURCE: IC 13-18-21-8; (01)CR182401.26. -->
SECTION 26.
IC 13-18-21-8
, AS AMENDED BY P.L.132-1999,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 8. (a) The department and the budget agency may:
(1) provide services to a participant in connection with a loan or
other financial assistance, including advisory and other services;
and
(2) charge a fee for services provided.
(b) The department and the budget agency may charge a fee for
costs and services incurred in the review or consideration of an
application for a proposed loan or other financial assistance under this
chapter to or for the benefit of a participant, regardless of whether the
application is approved or rejected.
(c) A political subdivision may pay fees charged under this section.
SOURCE: IC 13-18-21-9; (01)CR182401.27. -->
SECTION 27.
IC 13-18-21-9
, AS AMENDED BY P.L.132-1999,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 9. (a) The department budget agency shall use a
priority ranking system to recommend loans or other financial
assistance from the fund. The department budget agency shall develop
the priority ranking system consistent with federal primary drinking
water regulations and health protection objectives of the federal Safe
Drinking Water Act (42 U.S.C. 300f et seq.).
(b) Based on the recommendations made under subsection (a), and
subject to any bypass procedures implemented by the budget
agency to efficiently render program assistance, the budget agency
may make loans and provide other financial assistance from the fund
to or for the benefit of participants.
SOURCE: IC 13-18-21-18; (01)CR182401.28. -->
SECTION 28.
IC 13-18-21-18
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 18. (a) The water
pollution control board and the budget agency may jointly adopt rules
under
IC 4-22-2
, including emergency rules under
IC 4-22-2-37.1
, to
implement this chapter.
(b) All rules adopted by the board to implement this chapter are
void. The publisher of the Indiana Administrative Code shall
remove these rules from the Indiana Administrative Code.
(c) All rules adopted by the budget agency are void to the extent
that the rules designate the department to manage or administer
any aspect of the program.
SOURCE: IC 13-18-21-19; (01)CR182401.29. -->
SECTION 29.
IC 13-18-21-19
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 19. (a) Notwithstanding
any other law, a political subdivision may borrow money under this
chapter by negotiating a loan or other financial assistance directly and
without complying with requirements for the competitive sale of bonds,
notes, or other obligations or evidences of indebtedness. A political
subdivision shall observe any existing contractual commitments to
bondholders or other persons when entering into a financial assistance
agreement.
(b) Notwithstanding any other law, a political subdivision may issue
and sell notes, the principal and accrued interest on which shall be paid
with proceeds from the issuance of bonds or other available money at
the time the notes are due. The notes must be issued under a resolution
or ordinance and the proceeds must be used to carry out the purposes
specified in this chapter.
(c) A political subdivision that issues notes under subsection (b)
may renew or extend the notes periodically on terms agreed to with the
budget agency, and the budget agency may purchase and sell the
renewed or extended notes. Accrued interest on the date of renewal or
extension may be paid or added to the principal amount of the note
being renewed or extended.
(d) The notes issued by a political subdivision under subsection (b),
including any renewals or extensions, must mature:
(1) in the amounts; and
(2) at the times not exceeding four (4) years from the date of
original issuance;
that are agreed to by the political subdivision and the budget agency.
(e) Compliance with subsection (b) constitutes full authority for a
political subdivision to issue notes and sell the notes to the department
and the budget agency, for the benefit of the program, and the
political subdivision is not required to comply with any other law
applicable to the authorization, approval, issuance, and sale of the
notes. The notes are:
(1) valid and binding obligations of the political subdivision;
(2) enforceable in accordance with the terms of the notes; and
(3) payable solely from the sources specified in the resolution or
ordinance authorizing the issuance of the notes.
(f) If the political subdivision issues bonds, all or part of the
proceeds of which will be used to pay notes issued under subsection
(b), the:
(1) provisions of this section; or
(2) actual issuance by a political subdivision of notes under
subsection (b);
do not relieve the political subdivision of the obligation to comply with
the statutory requirements for the issuance of bonds.
SOURCE: IC 13-18-21-22; (01)CR182401.30. -->
SECTION 30.
IC 13-18-21-22
, AS AMENDED BY P.L.132-1999,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 22. (a) The supplemental drinking water and
wastewater assistance fund is established to provide money for grants,
loans, and other financial assistance to or for the benefit of
(1) participants for the purposes described in section 23(1)
section 23 of this chapter. and
(2) political subdivisions for the purposes described in section
23(2) of this chapter.
(b) The general assembly may appropriate money to the
supplemental fund. Grants or gifts of money to the supplemental fund
and proceeds of the sale of:
(1) gifts to the supplemental fund; and
(2) loans and other financial assistance, as provided in sections 25
through 29 of this chapter;
shall be deposited in the supplemental fund.
(c) Repayments of loans and other financial assistance from the
supplemental fund, including interest, premiums, and penalties, shall
be deposited in the supplemental fund.
(d) The treasurer of state shall invest the money in the supplemental
fund that is:
(1) not currently needed to meet the obligations of the
supplemental fund; and
(2) not invested under subsection (e);
in the same manner as other public money may be invested. Earnings
that accrue from the investments shall be deposited in the supplemental
fund.
(e) As an alternative to the investment provided for in subsection
(d), the budget agency may invest or cause to be invested all or a part
of the supplemental fund in a fiduciary account or accounts with a
trustee that is a financial institution. Notwithstanding any other law,
any investment may be made by the trustee in accordance with one (1)
or more trust agreements or indentures. A trust agreement or indenture
may permit disbursements by the trustee to the department, the budget
agency, a participant, the Indiana bond bank, or any other person as
provided in the trust agreement or indenture. The state board of finance
must approve the form of any trust agreement or indenture before
execution.
(f) The cost of administering the supplemental fund may be paid
from money in the supplemental fund.
(g) All money accruing to the supplemental fund is appropriated
continuously for the purposes specified in this chapter.
(h) Money in the supplemental fund does not revert to the state
general fund at the end of a state fiscal year.
SOURCE: IC 13-18-21-23; (01)CR182401.31. -->
SECTION 31.
IC 13-18-21-23
, AS AMENDED BY P.L.132-1999,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 23. (a) Money in the supplemental fund may be
used to do the following:
(1) Provide grants, loans, or other financial assistance to or for the
benefit of participants for:
(A) the planning, designing, acquisition, construction,
renovation, improvement, or expansion of public water
systems; and
other activities necessary or convenient to complete these
tasks, whether or not those other activities are permitted by the
federal Clean Water Act or the federal Safe Drinking Water
Act.
(2) Provide grants, loans, or other financial assistance to or for the
benefit of political subdivisions for:
(B) the planning, designing, acquisition, construction,
renovation, improvement, or expansion of wastewater or
stormwater collection and treatment systems;
(C) nonpoint source pollution reduction projects related to
confined feeding operations, farm field runoff, or failing
sewage disposal systems; and
(D) other activities necessary or convenient to complete these
tasks, whether or not those other activities are permitted by the
federal Clean Water Act or the federal Safe Drinking Water
Act.
(3) (2) Pay the cost of administering the supplemental fund and
the supplemental program.
(4) (3) Conduct all other activities that are permitted by the
federal Clean Water Act or the federal Safe Drinking Water Act.
(b) For any state fiscal year, the budget agency may use not
more than three percent (3%) of the amount estimated by the
budget agency to be available for financial assistance from the fund
for the year for providing loan assistance to participants for
nonpoint source pollution reduction projects related to confined
feeding operations or failing sewage disposal systems. Amounts
estimated to be available for nonpoint source projects for any year
that remain unused at the end of the year may be carried forward
for use in any subsequent state fiscal year.
SOURCE: IC 13-18-21-25; (01)CR182401.32. -->
SECTION 32.
IC 13-18-21-25
, AS AMENDED BY P.L.132-1999,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 25. (a) The budget agency may make grants or
loans or provide other financial assistance from the supplemental fund
for the benefit of a participant under the following conditions:
(1) A grant, loan, or other financial assistance may be used:
(A) for planning, designing, acquiring, constructing,
renovating, improving, or expanding public water systems, and
other activities necessary or convenient to complete these
tasks;
(B) to:
(i) establish reserves or sinking funds; or
(ii) provide interest subsidies;
(C) to pay financing charges, including interest on the loan
during construction and for a reasonable period after the
completion of construction; or
and when so amended that said bill do pass.
Committee Vote: Yeas 9, Nays 0.
Gard
CR182401/DI 52 2001