March 30, 2007





ENGROSSED

HOUSE BILL No. 1738

_____


DIGEST OF HB 1738 (Updated March 29, 2007 11:21 am - DI 101)



Citations Affected: IC 14-25; noncode.

Synopsis: Use of outside water resources by water utilities. Provides that the natural resources commission (commission) may not contract with a person to: (1) provide the person with certain minimum quantities of stream flow; or (2) sell water to the person; from reservoir impoundments financed by the state unless the department of natural resources and the advisory council follow certain procedures, including providing notice of the proposed contract and holding public meetings on the proposed contract. Requires the water resources study committee (committee) to study and make findings and recommendations concerning: (1) current processes and methods for water resource allocation and distribution in Indiana; and (2) appropriate policies governing future water resource allocation and distribution planning in Indiana. Requires the committee to report its findings and recommendations to the legislative council not later than November 1, 2007.

Effective: Upon passage.





Welch, Pierce, Koch , Crooks
(SENATE SPONSORS _ GARD, SIMPSON)




    January 26, 2007, read first time and referred to Committee on Commerce, Energy and Utilities.
    February 6, 2007, reported _ Do Pass.
    February 13, 2007, read second time, amended, ordered engrossed.
    February 14, 2007, engrossed.
    February 15, 2007, read third time, passed. Yeas 68, nays 24.

SENATE ACTION

    February 19, 2007, read first time and referred to Committee on Utilities and Regulatory Affairs.
    March 29, 2007, amended, reported favorably _ Do Pass.






March 30, 2007

First Regular Session 115th General Assembly (2007)


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 2006 Regular Session of the General Assembly.


ENGROSSED

HOUSE BILL No. 1738



    A BILL FOR AN ACT to amend the Indiana Code concerning natural and cultural resources.

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

SOURCE: IC 14-25-2-2; (07)EH1738.1.1. -->     SECTION 1. IC 14-25-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) Except as provided in section 8 of this chapter and subject to section 2.5 of this chapter, the commission may contract with a person for the provision of certain minimum quantities of stream flow or for the sale of water on a unit pricing basis. A contract for the provision of minimum stream flows or for the sale of water on a unit pricing basis:
        (1) must be executed by the commission; and
        (2) is subject to approval by the following:
            (A) The attorney general.
            (B) The governor.
            (C) The person desiring the use.
    (b) A contract entered into under this chapter may not cover a period of more than fifty (50) years.
    (c) Before the submission of the contract to the governor for approval, the commission shall submit a copy of the contract to the department. The department shall, within twenty (20) days of receipt,

do the following:
        (1) Prepare a memorandum relative to the effect that the contract might have on recreational facilities.
        (2) Submit the memorandum to the governor for the governor's consideration.

SOURCE: IC 14-25-2-2.5; (07)EH1738.1.2. -->     SECTION 2. IC 14-25-2-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.5. (a) A person that seeks to contract with the commission for the provision of certain minimum quantities of stream flow or the sale of water on a unit pricing basis under section 2 of this chapter must submit a request to the commission and the department. The commission shall not make a determination as to whether to enter into a contract with the person making the request until:
        (1) the procedures set forth in this section have been followed; and
        (2) the commission has reviewed and considered each report submitted to the commission under subsection (f).
    (b) Not later than thirty (30) days after receiving a request under subsection (a), the department shall provide, by United States mail, written notice of the request to the following:
        (1) Each person with whom the commission holds a contract for:
            (A) the provision of certain minimum quantities of stream flow; or
            (B) the sale of water on a unit pricing basis;
        as of the date of the request.
        (2) The executive and legislative body of each:
            (A) county; and
            (B) municipality, if any;
        in which the water sought in the request would be used.
    (c) In addition to the mailed notice required under subsection (b), the department shall publish notice of the request, in accordance with IC 5-3-1, in each county:
        (1) in which the affected reservoir is located; and
        (2) in which the water sought in the request would be used.
In each county in which publication is required under this subsection, notice shall be published in the general circulation newspaper that has the largest circulation in the county.
    (d) A notice required under subsection (b) or (c) must:
        (1) identify the person making the request;
        (2) include a brief description of:
            (A) the nature of the pending request; and
            (B) the process by which the commission will determine whether to enter into a contract with the person making the request; and
        (3) set forth the date, time, and location of the public meeting required under subsection (e).
    (e) The advisory council established by IC 14-9-6-1 shall hold a public meeting in each county in which notice is published under subsection (c). A public meeting required under this subsection must include the following:
        (1) A presentation by the department describing:
            (A) the nature of the pending request; and
            (B) the process by which the commission will determine whether to enter into a contract with the person making the request.

         (2) An opportunity for public comment on the pending request.
The advisory council may appoint a hearing officer to assist with a public meeting held under this subsection.
     (f) Not later than thirty (30) days after a public meeting is held under subsection (e), the advisory council shall submit to the commission a report summarizing the public meeting.
SOURCE: ; (07)EH1738.1.3. -->     SECTION 3. [EFFECTIVE UPON PASSAGE] (a) As used in this SECTION, "committee" refers to the water resources study committee established by IC 2-5-25-1.
    (b) The committee shall study and make findings and recommendations concerning the following:
        (1) Current processes and methods used in determining water resource allocation and distribution in Indiana.
        (2) Appropriate policies governing future water resource allocation and distribution planning in Indiana.
    (c) The committee shall report its finding and recommendations to the legislative council in an electronic format under IC 5-14-6 not later than November 1, 2007.

SOURCE: ; (07)EH1738.1.4. -->     SECTION 4. An emergency is declared for this act.