March 22, 2005





ENGROSSED

HOUSE BILL No. 1653

_____


DIGEST OF HB 1653 (Updated March 21, 2005 10:38 am - DI 52)



Citations Affected: IC 4-4; IC 13-25.

Synopsis: Permit issuance and immunity from liability. Establishes the shovel ready site development center within the Indiana development finance authority to: (1) provide comprehensive information on permits required for business activities in Indiana; (2) work with other state government offices, departments, and administrative entities in assisting applicants in obtaining timely and efficient permit review and resolving of issues arising from permit review; (3) encourage the participation of federal and local government agencies in permit coordination; and (4) create programs to enable political subdivisions to obtain all or part of any permits to create sites that are ready for economic development. Provides that certain exceptions to liability under the federal Comprehensive Environmental Response, Compensation, and Liability Act are equally applicable to persons under Indiana law concerning hazardous substances.

Effective: Upon passage; July 1, 2005.





Wolkins
(SENATE SPONSOR _ GARD)




    January 19, 2005, read first time and referred to Committee on Environmental Affairs.
    February 3, 2005, amended, reported _ Do Pass.
    February 10, 2005, read second time, ordered engrossed. Engrossed.
    February 14, 2005, read third time, passed. Yeas 97, nays 0.

SENATE ACTION

    February 24, 2005, read first time and referred to Committee on Energy and Environmental Affairs.
    March 21, 2005, reported favorably _ Do Pass.






March 22, 2005

First Regular Session 114th General Assembly (2005)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2004 Regular Session of the General Assembly.


ENGROSSED

HOUSE BILL No. 1653



    A BILL FOR AN ACT to amend the Indiana Code concerning state and local administration.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 4-4-11-44; (05)EH1653.1.1. -->     SECTION 1. IC 4-4-11-44 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 44. (a) As used in this section, "permit" means any state agency permit, license, certificate, approval, registration, or similar form of approval required by a statute or administrative rule.
    (b) The shovel ready site development center is established within the authority. The center has the following duties:
        (1) Providing comprehensive information on permits required for business activities in Indiana, and making this information available to any person.
        (2) Working with other state government offices, departments, and administrative entities in assisting applicants in obtaining timely and efficient permit review and the resolution of issues arising from permit review.
        (3) Encouraging the participation of federal and local government agencies in permit coordination.

SOURCE: IC 4-4-11-45; (05)EH1653.1.2. -->     SECTION 2. IC 4-4-11-45 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 45. (a) As used this section, "permit" means any local, state, or federal agency permit, license, certificate, approval, registration, or similar form of approval required by statute, administrative rule, regulation, ordinance, or resolution.
    (b) In addition to the duties set forth in section 44 of this chapter, the shovel ready site development center shall, in cooperation with political subdivisions, create programs to enable political subdivisions to obtain all or part of any permits to create sites that are ready for economic development.

SOURCE: IC 13-25-4-8; (05)EH1653.1.3. -->     SECTION 3. IC 13-25-4-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. (a) Except as provided in subsection (b), (c), or (d), a person that is liable under Section 107(a) of CERCLA (42 U.S.C. 9607(a)) for:
        (1) the costs of removal or remedial action incurred by the commissioner consistent with the national contingency plan;
        (2) the costs of any health assessment or health effects study carried out by or on behalf of the commissioner under Section 104(i) of CERCLA (42 U.S.C. 9604(i)); or
        (3) damages for:
            (A) injury to;
            (B) destruction of; or
            (C) loss of;
        natural resources of Indiana;
is liable, in the same manner and to the same extent, to the state under this section.
    (b) The exceptions provided by Section 107(b) Sections 107(b), 107(q), and 107(r) of CERCLA (42 U.S.C. 9607(b)) to liability otherwise imposed by Section 107(a) of CERCLA (42 U.S.C. 9607(a)) are equally applicable to any liability otherwise imposed under subsection (a).
    (c) Notwithstanding any liability imposed by the environmental management laws, a lender, a secured or unsecured creditor, or a fiduciary is not liable under the environmental management laws, in connection with the release or threatened release of a hazardous substance from a facility unless the lender, the fiduciary, or creditor has participated in the management of the hazardous substance at the facility.
    (d) Notwithstanding any liability imposed by the environmental management laws, the liability of a fiduciary for a release or threatened release of a hazardous substance from a facility that is held by the

fiduciary in its fiduciary capacity may be satisfied only from the assets held by the fiduciary in the same estate or trust as the facility that gives rise to the liability.
    (e) A political subdivision (as defined in IC 36-1-2-13) is not liable to the state under this section for costs or damages associated with the presence of a hazardous substance on, in, or at a property in which the political subdivision acquired an interest in the property:
        (1) under IC 6-1.1-24 or IC 6-1.1-25, bankruptcy, abandonment, or other circumstances in which the political subdivision involuntarily acquired an interest in the property; or
        (2) to conduct remedial actions on a brownfield;
after the hazardous substance was disposed of or placed on, in, or at the property.

SOURCE: ; (05)EH1653.1.4. -->     SECTION 4. An emergency is declared for this act.