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.
Be it enacted by the General Assembly of the State of Indiana:
was potentially liable for response costs at the facility.
SECTION 3. IC 13-11-2-148 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 148. (a) "Operator", for
purposes of IC 13-18-10, means the person in direct or responsible
charge or control of one (1) or more confined feeding operations.
(b) "Operator", for purposes of IC 13-18-11 and environmental
management laws, means the person in direct or responsible charge and
supervising the operation of:
(1) a water treatment plant;
(2) a wastewater treatment plant; or
(3) a water distribution system.
(c) "Operator", for purposes of IC 13-20-6, means a corporation, a
limited liability company, a partnership, a business association, a unit,
or an individual who is a sole proprietor that is one (1) of the following:
(1) A broker.
(2) A person who manages the activities of a transfer station that
receives municipal waste.
(3) A transporter.
(d) "Operator", for purposes of IC 13-23, except as provided in
subsection (e), means a person:
(1) in control of; or
(2) having responsibility for;
the daily operation of an underground storage tank.
(e) "Operator", for purposes of IC 13-23-13, does not include the
following:
(1) A person who:
(A) does not participate in the management of an underground
storage tank;
(B) is otherwise not engaged in the:
(i) production;
(ii) refining; and
(iii) marketing;
of regulated substances; and
(C) holds evidence of ownership, primarily to protect the
owner's security interest in the tank.
(2) A person who:
(A) does not own or lease, directly or indirectly, the facility or
business at which the underground storage tank is located;
(B) does not participate in the management of the facility or
business described in clause (A); and
(C) is engaged only in:
misconduct by the political subdivision or unit of federal or
state government.
(f) For purposes of subsection (e)(3)(B), reckless, willful, or
wanton misconduct constitutes gross negligence.
SECTION 4. IC 13-11-2-150, AS AMENDED BY P.L.208-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 150. (a) "Owner", for purposes of IC 13-23
(except as provided in subsections (b), and (c), and (d)) means:
(1) for an underground storage tank that:
(A) was:
(i) in use on November 8, 1984; or
(ii) brought into use after November 8, 1984;
for the storage, use, or dispensing of regulated substances, a
person who owns the underground storage tank; or
(B) is:
(i) in use before November 8, 1984; but
(ii) no longer in use on November 8, 1984;
a person who owned the tank immediately before the
discontinuation of the tank's use; or
(2) a person who conveyed ownership or control of the
underground storage tank to a political subdivision (as defined in
IC 36-1-2-13) or unit of federal or state government because of:
(A) bankruptcy;
(B) foreclosure;
(C) tax delinquency, including a conveyance under
IC 6-1.1-24 or IC 6-1.1-25;
(D) abandonment;
(E) the exercise of eminent domain, including any purchase of
property once an offer to purchase has been tendered under
IC 32-24-1-5;
(F) receivership;
(G) acquiring an area needing redevelopment (as defined
in IC 36-7-1-3) or conducting redevelopment activities,
specifically under IC 36-7-14-22.2, IC 36-7-14-22.5,
IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and
IC 36-7-15.1-15.5;
(G) (H) other circumstances in which a political subdivision
or unit of federal or state government involuntarily acquired
ownership or control because of the political subdivision's or
unit's function as sovereign; or
(H) (I) any other means to conduct remedial actions on a
brownfield;
if the person was a person described in subdivision (1)
immediately before the person conveyed ownership or control of
the underground storage tank.
(b) "Owner", for purposes of IC 13-23-13, does not include a person
who:
(1) does not participate in the management of an underground
storage tank;
(2) is otherwise not engaged in the:
(A) production;
(B) refining; and
(C) marketing;
of regulated substances; and
(3) holds indicia of ownership primarily to protect the owner's
security interest in the tank.
(c) "Owner", for purposes of IC 13-23, does not include a political
subdivision (as defined in IC 36-1-2-13) or unit of federal or state
government that acquired ownership or control of an underground
storage tank because of:
(1) bankruptcy;
(2) foreclosure;
(3) tax delinquency, including an acquisition under IC 6-1.1-24 or
IC 6-1.1-25;
(4) abandonment;
(5) the exercise of eminent domain, including any purchase of
property once an offer to purchase has been tendered under
IC 32-24-1-5;
(6) receivership;
(7) other circumstances in which the political subdivision or unit
of federal or state government involuntarily acquired ownership
or control because of the political subdivision's or unit's function
as sovereign;
(8) (7) transfer from another political subdivision or unit of
federal or state government; or
(8) acquiring an area needing redevelopment (as defined in
IC 36-7-1-3) or conducting redevelopment activities,
specifically under IC 36-7-14-22.2, IC 36-7-14-22.5,
IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and IC 36-7-15.1-15.5;
(9) other circumstances in which the political subdivision or
unit of federal or state government involuntarily acquired
ownership or control because of the political subdivision's or
unit's function as sovereign; or
(9) (10) any other means to conduct remedial actions on a
brownfield;
unless the political subdivision or unit of federal or state government
causes or contributes to the release or threatened release of a regulated
substance, in which case the political subdivision or unit of federal or
state government is subject to IC 13-23 in the same manner and to the
same extent as a nongovernmental entity under IC 13-23.
(d) "Owner", for purposes of IC 13-23, does not include a
nonprofit corporation that acquired ownership or control of an
underground storage tank to assist and support a political
subdivision's revitalization and reuse of a brownfield for
noncommercial purposes, including conservation, preservation,
and recreation, unless the nonprofit corporation causes or
contributes to the release or threatened release of a regulated
substance, in which case the nonprofit corporation is subject to
IC 13-23 in the same manner and to the same extent as any other
nongovernmental entity under IC 13-23.
SECTION 5. IC 13-11-2-151, AS AMENDED BY P.L.208-2005,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 151. (a) "Owner or operator", for purposes of
IC 13-24-1, means the following:
(1) For a petroleum facility, a person who owns or operates the
facility.
(2) For a petroleum facility where title or control has been
conveyed because of:
(A) bankruptcy;
(B) foreclosure;
(C) tax delinquency, including a conveyance under
IC 6-1.1-24 or IC 6-1.1-25;
(D) abandonment;
(E) the exercise of eminent domain, including any purchase of
property once an offer to purchase has been tendered under
IC 32-24-1-5;
(F) receivership;
(G) acquiring an area needing redevelopment (as defined
in IC 36-7-1-3) or conducting redevelopment activities,
specifically under IC 36-7-14-22.2, IC 36-7-14-22.5,
IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and
IC 36-7-15.1-15.5;
(G) (H) other circumstances in which a political subdivision
(as defined in IC 36-1-2-13) or unit of federal or state
government involuntarily acquired title or control because of
the political subdivision's or unit's function as sovereign; or
(H) (I) any other means to conduct remedial actions on a
brownfield;
to a political subdivision or unit of federal or state government, a
person who owned, operated, or otherwise controlled the
petroleum facility immediately before title or control was
conveyed.
(b) Subject to subsection (c), the term does not include a political
subdivision or unit of federal or state government that acquired
ownership or control of the facility through:
(1) bankruptcy;
(2) foreclosure;
(3) tax delinquency, including an acquisition under IC 6-1.1-24 or
IC 6-1.1-25;
(4) abandonment;
(5) the exercise of eminent domain, including any purchase of
property once an offer to purchase has been tendered under
IC 32-24-1-5;
(6) receivership;
(7) other circumstances in which the political subdivision or unit
of federal or state government involuntarily acquired title because
of the political subdivision's or unit's function as sovereign;
(8) (7) transfer from another political subdivision or unit of
federal or state government; or
(8) acquiring an area needing redevelopment (as defined in
IC 36-7-1-3) or conducting redevelopment activities,
specifically under IC 36-7-14-22.2, IC 36-7-14-22.5,
IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and IC 36-7-15.1-15.5;
(9) other circumstances in which the political subdivision or
unit of federal or state government involuntarily acquired
ownership or control because of the political subdivision's or
unit's function as sovereign; or
(9) (10) any other means to conduct remedial actions on a
brownfield.
(c) The term includes a political subdivision or unit of federal or
state government that causes or contributes to the release or threatened
release of a regulated substance, in which case the political
subdivision or unit of federal or state government is subject to
IC 13-24-1:
to conduct any of the following activities:
(1) Identification and acquisition of brownfields within a political
subdivision as suitable candidates for redevelopment following
the completion of remediation activities.
(2) Environmental assessment of identified brownfields,
including assessment of petroleum contamination, and other
activities necessary or convenient to complete the environmental
assessments.
(3) Remediation activities conducted on brownfields, including:
(A) remediation of petroleum contamination; and
(B) other activities necessary or convenient to complete
remediation activities conducted on brownfields, including
clearance of real property.
(4) The clearance of real property under IC 36-7-14-12.2 or
IC 36-7-15.1-7 in connection with remediation activities.
(5) (4) Other activities in conjunction with assessment and
remediation activities necessary or convenient to complete
remediation activities on brownfields. prepare a brownfield for
redevelopment.
SECTION 8. IC 13-19-5-2, AS AMENDED BY P.L.235-2005,
SECTION 172, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 2. (a) The environmental
remediation revolving loan fund is established for the purpose of
providing money for loans and other financial assistance, including
grants, to or for the benefit of political subdivisions under this chapter.
The authority shall administer, hold, and manage the fund.
(b) Expenses of administering the fund shall be paid from money in
the fund.
(c) The fund consists of the following:
(1) Appropriations made by the general assembly.
(2) Grants and gifts intended for deposit in the fund.
(3) Repayments of loans and other financial assistance, including
premiums, interest, and penalties.
(4) Proceeds from the sale of loans and other financial assistance
under section 9 of this chapter.
(5) Interest, premiums, gains, or other earnings on the fund.
(6) Money transferred from the hazardous substances response
trust fund under IC 13-25-4-1(a)(9).
(7) Fees collected under section 7 of this chapter.
(d) The authority shall invest the money in the fund not currently
needed to meet the obligations of the fund in accordance with an
investment policy adopted by the authority. Interest, premiums, gains,
or other earnings from these investments shall be credited to the fund.
(e) As an alternative to subsection (d), the authority may invest or
cause to be invested all or a part of the fund in a fiduciary account with
a trustee that is a financial institution. Notwithstanding any other law,
any investment may be made by the trustee in accordance with at least
one (1) trust agreement or indenture. A trust agreement or indenture
may allow disbursements by the trustee to:
(1) the authority;
(2) a political subdivision;
(3) the Indiana bond bank; or
(4) any person to which the authority, the Indiana bond bank, or
a political subdivision is obligated, including a trustee that is a
financial institution for a grantor trust;
as provided in the trust agreement or indenture. The budget agency
must approve any trust agreement or indenture before its execution.
SECTION 9. IC 13-19-5-3, AS AMENDED BY P.L.235-2005,
SECTION 173, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 3. (a) The authority shall do the
following under this chapter:
(1) Be responsible for the management of all aspects of the
program.
(2) Prepare and provide program information.
(3) Negotiate the negotiable aspects of each financial assistance
agreement and submit the agreement to the budget agency for
approval.
(4) Sign each financial assistance agreement.
(5) Review each proposed project and financial assistance
agreement to determine if the project meets the credit, economic,
or fiscal criteria established by guidelines of the authority.
(6) Periodically inspect or cause to be inspected projects to
determine compliance with this chapter.
(7) Conduct or cause to be conducted an evaluation concerning
the financial ability of a political subdivision to:
(A) pay a loan or other financial assistance and other
obligations evidencing loans or other financial assistance, if
required to be paid; and
(B) otherwise comply with terms of the financial assistance
agreement.
(8) Evaluate or cause to be evaluated the technical aspects of the
political subdivision's:
SECTION 175, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 7. (a) The authority may provide
services to a political subdivision person (as defined in
IC 13-11-2-158(a)) in connection with a loan or other financial
assistance, including advisory and other services, technical assistance,
and liability clarification, and may charge assess and collect a fee
for:
(1) services provided to offset the costs of providing the
services; and
(2) costs and services incurred in the review or consideration of
an application for a proposed loan or other financial assistance to
or for the benefit of a political subdivision under this chapter,
regardless of whether the application is approved or rejected.
(b) A political subdivision may pay fees charged under this section.
(c) The authority shall adopt guidelines for the assessment and
collection of fees under this section.
(d) Fees collected under this section shall be deposited in the
fund.
SECTION 11. IC 13-19-5-8, AS AMENDED BY P.L.235-2005,
SECTION 176, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 8. The authority may use a priority
ranking system in making loans and providing other financial
assistance under this chapter based on the following:
(1) Socioeconomic distress in an area, as determined by the
poverty level and unemployment rate in the area.
(2) The technical evaluation by the department under section
3(8)(A) and 3(8)(B) of this chapter.
(3) Other factors determined by the authority, including the
following:
(A) The number and quality of jobs that would be generated by
a project.
(B) Housing, recreational, and educational needs of
communities.
(C) Any other factors the authority determines will assist in the
implementation of this chapter.
SECTION 12. IC 13-19-5-9, AS AMENDED BY P.L.235-2005,
SECTION 177, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 9. (a) A loan or other financial
assistance must be used for at least one (1) of the purposes under
section 1 of this chapter and may be used for any of the following
purposes:
activities will be undertaken after remediation activities are
completed.
(2) A plan for repayment of the loan or other financial assistance,
if applicable.
(3) An approving opinion of a nationally recognized bond counsel
if required by the authority.
(4) A summary of the environmental objectives of the proposed
project.
(f) A political subdivision that receives a loan or other financial
assistance from the fund shall enter into a financial assistance
agreement. A financial assistance agreement is a valid, binding, and
enforceable agreement of the political subdivision.
(g) The authority may sell or assign:
(1) loans or evidence of other financial assistance; and
(2) other obligations of political subdivisions evidencing the loans
or other financial assistance from the fund;
at any price and on terms acceptable to the authority. Proceeds of sales
or assignments under this subsection shall be deposited in the fund. A
sale or an assignment under this subsection does not create a liability
or an indebtedness of the state or the authority except, in the case of the
authority, strictly in accordance with the sale or assignment terms.
(h) The authority may pledge loans or evidences of other financial
assistance and other obligations of political subdivisions evidencing the
loans or other financial assistance from the fund to secure other loans
or financial assistance from the fund to or for the benefit of political
subdivisions. The terms of a pledge under this subsection must be
approved by the budget agency. Notwithstanding any other law, a
pledge of property made by the authority and approved by the budget
agency under this subsection is binding from the time the pledge is
made. Revenues, other money, or other property pledged and then
received are immediately subject to the lien of the pledge without any
further act. The lien of a pledge is binding against all parties having
claims of any kind in tort, contract, or otherwise against the authority,
a trustee, or the fund, regardless of whether the parties have notice of
a lien. A resolution, an indenture, or other instrument by which a
pledge is created is not required to be filed or recorded, except in the
records of the authority. An action taken to enforce a pledge under this
subsection and to realize the benefits of the pledge is limited to the
property pledged. A pledge under this subsection does not create a
liability or an indebtedness of the state or the authority except, in the
case of the authority, strictly in accordance with the pledge terms.
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 3. For the purposes of section 2 of this chapter, the
following amounts shall be used:
(1) If the underground petroleum storage tank that is involved in
the occurrence for which claims are made:
(A) is not in compliance with rules adopted by the board
concerning technical and safety requirements relating to the
physical characteristics of underground petroleum storage
tanks before the date the tank is required to be in compliance
with the requirements; and
(B) is in compliance on a date required under the requirements
described under section 4 of this chapter at the time a release
was discovered;
the amount is thirty-five thousand dollars ($35,000).
(2) If the underground petroleum storage tank that is involved in
the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board
concerning technical and safety requirements relating to the
physical characteristics of underground petroleum storage
tanks before the date the tank is required to be in compliance
with the requirements; and
(B) is not a double walled underground petroleum storage
tank; with and
(C) has piping that has does not have secondary containment;
the amount is twenty-five thousand dollars ($25,000).
(3) If the underground petroleum storage tank that is involved
in the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board
concerning technical and safety requirements relating to
the physical characteristics of underground petroleum
storage tanks before the date the tank is required to be in
compliance with the requirements;
(B) is not a double walled underground petroleum storage
tank; and
(C) has piping that has secondary containment;
the amount is twenty-five thousand dollars ($25,000).
(4) If the underground petroleum storage tank that is involved
in the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board
concerning technical and safety requirements relating to
the physical characteristics of underground petroleum
storage tanks before the date the tank is required to be in
compliance with the requirements;
(B) is a double walled underground petroleum storage
tank; and
(C) has piping that does not have secondary containment;
the amount is twenty-five thousand dollars ($25,000).
(3) (5) If the underground petroleum storage tank that was
involved in the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board
concerning technical and safety requirements relating to the
physical characteristics of underground petroleum storage
tanks before the date the tank is required to be in compliance
with the requirements; and
(B) is a double walled underground petroleum storage tank;
with and
(C) has piping that has secondary containment;
the amount is twenty thousand dollars ($20,000).
SECTION 15. IC 13-23-13-16 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 16. (a) A political subdivision or
unit of federal or state government that acquired ownership or
control of an underground storage tank on a brownfield by any of
the means listed in IC 13-11-2-150(c) and IC 13-11-2-151(b) may
undertake any activity in conjunction with:
(1) investigation or remediation of hazardous substances,
petroleum, and other pollutants associated with a brownfield,
including complying with land use restrictions and
institutional controls; or
(2) monitoring or closure of an underground storage tank;
without being considered as contributing to the existing release or
threatened release of a regulated substance on, in, or at the
brownfield unless existing contamination on the brownfield is
exacerbated due to gross negligence or intentional misconduct by
the political subdivision or unit of federal or state government.
(b) For purposes of subsection (a), reckless, willful, or wanton
misconduct constitutes gross negligence.
SECTION 16. IC 13-23-16 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]:
Chapter 16. Notice of Release, Spill, or Overfill
Sec. 1. A citation in this chapter to a rule refers to the rule as in
effect on January 1, 2007.
Sec. 2. If the department receives a report concerning:
(1) the discovery of released regulated substances at an
underground storage tank site or in the surrounding area
under 329 IAC 9-4-1(1); or
(2) a spill or overfill under 329 IAC 9-4-4(a);
the department shall, not more than seven (7) days after receiving
the report, provide notice of the release, spill, or overfill to the
county health officer of each county in which the release, spill, or
overfill occurred.
Sec. 3. Not more than seven (7) days after receiving a notice
from the department under section 2 of this chapter, a county
health officer shall do the following:
(1) Publish notice of the release, spill, or overfill in a
newspaper of general circulation in the county health officer's
county.
(2) Provide any other notice of the release, spill, or overfill the
county health officer considers necessary or appropriate.
Sec. 4. Notice provided by a county health officer under section
3 of this chapter must include:
(1) the same information reported to the department under
329 IAC 9-4-1(1) or 329 IAC 9-4-4(a); and
(2) any other information the county health officer considers
necessary or appropriate.
SECTION 17. IC 13-25-4-8, AS AMENDED BY P.L.1-2006,
SECTION 205, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: 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.
specifically under IC 36-7-14-22.2, IC 36-7-14-22.5,
IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and IC 36-7-15.1-15.5;
(9) other circumstances in which the political subdivision or
unit of federal or state government involuntarily acquired
ownership or control because of the political subdivision's or
unit's function as sovereign; or
(9) (10) any other means to conduct remedial actions on a
brownfield.
(f) If a transfer of an interest in property as described in subsection
(e) occurs, a person who owned, operated, or otherwise controlled the
property immediately before the political subdivision or unit of federal
or state government acquired the interest in the property remains liable
under this section:
(1) in the same manner; and
(2) to the same extent;
as the person was liable immediately before the person's interest in the
property was acquired by the political subdivision or unit of federal or
state government.
(g) Notwithstanding subsection (e), a political subdivision or unit of
federal or state government that causes or contributes to the release or
threatened release of a hazardous substance on, in, or at a property
remains subject to this section:
(1) in the same manner; and
(2) to the same extent;
as a nongovernmental entity under this section.
(h) Except as provided in subsection (i), a nonprofit corporation
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 nonprofit corporation acquired an interest
to assist and support a political subdivision's revitalization and
reuse of a brownfield for noncommercial purposes, including
conservation, preservation, and recreation.
(i) Notwithstanding subsection (h), a nonprofit corporation that
causes or contributes to a release or threatened release of a
hazardous substance on, in, or at a property remains subject to this
section:
(1) in the same manner; and
(2) to the same extent;
as any other nongovernmental entity under this section.
(j) A political subdivision or unit of federal or state government
that establishes an exemption or defense under subsection (b) or (e)
may undertake any activity related to:
(1) investigation, removal, or remedial action on a brownfield,
including complying with land use restrictions and
institutional controls; or
(2) monitoring or closure of an underground storage tank;
without being considered as contributing to the existing release or
threatened release of hazardous substances on, in, or at the
brownfield unless existing contamination on the brownfield is
exacerbated due to gross negligence or intentional misconduct by
the political subdivision or unit of federal or state government.
(k) For purposes of subsection (j), reckless, willful, or wanton
misconduct constitutes gross negligence.
SECTION 18. IC 13-26-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. A district may
do the following:
(1) Sue or be sued.
(2) Make contracts in the exercise of the rights, powers, and
duties conferred upon the district.
(3) Adopt and alter a seal and use the seal by causing the seal to
be impressed, affixed, reproduced, or otherwise used. However,
the failure to affix a seal does not affect the validity of an
instrument.
(4) Adopt, amend, and repeal the following:
(A) Bylaws for the administration of the district's affairs.
(B) Rules and regulations for the following:
(i) The control of the administration and operation of the
district's service and facilities.
(ii) The exercise of all of the district's rights of ownership.
(5) Construct, acquire, lease, operate, or manage works and obtain
rights, easements, licenses, money, contracts, accounts, liens,
books, records, maps, or other property, whether real, personal, or
mixed, of a person or an eligible entity.
(6) Assume in whole or in part any liability or obligation of:
(A) a person;
(B) a nonprofit water, sewage, or solid waste project system;
or
(C) an eligible entity;
including a pledge of part or all of the net revenues of a works to
the debt service on outstanding bonds of an entity in whole or in
part in the district and including a right on the part of the district
to indemnify and protect a contracting party from loss or liability
by reason of the failure of the district to perform an agreement
assumed by the district or to act or discharge an obligation.
(7) Fix, alter, charge, and collect reasonable rates and other
charges in the area served by the district's facilities to every
person whose premises are, whether directly or indirectly,
supplied with water or provided with sewage or solid waste
services by the facilities for the purpose of providing for the
following:
(A) The payment of the expenses of the district.
(B) The construction, acquisition, improvement, extension,
repair, maintenance, and operation of the district's facilities
and properties.
(C) The payment of principal or interest on the district's
obligations.
(D) To fulfill the terms of agreements made with:
(i) the purchasers or holders of any obligations; or
(ii) a person or an eligible entity.
(8) Except as provided in section 2.5 of this chapter, require
connection to the district's sewer system of property producing
sewage or similar waste, and require the discontinuance of use of
privies, cesspools, septic tanks, and similar structures if:
(A) there is an available sanitary sewer within three hundred
(300) feet of the property line; and
(B) the district has given written notice by certified mail to the
property owner at the address of the property at least ninety
(90) days before a date for connection to be stated in the
notice; and
(C) if the property is located outside the district's
territory:
(i) the district has obtained and provided to the property
owner (along with the notice required by clause (B)) a
letter of recommendation from the local health
department that there is a possible threat to the public's
health; and
(ii) if the property is also located within the
extraterritorial jurisdiction of a municipal sewage works
under IC 13-9-23 or a public sanitation department
under IC 36-9-25, the municipal works board or
department of public sanitation has acknowledged in
writing that the property is within the municipal sewage
works or department of public sanitation's
extraterritorial jurisdiction, but the municipal works
board or department of public sanitation is unable to
provide sewer service.
However, a district may not require the owner of a property
described in this subdivision to connect to the district's sewer
system if the property is already connected to a sewer system
that has received an NPDES permit and has been determined
to be functioning satisfactorily.
(9) Provide by ordinance for reasonable penalties for failure to
connect and also apply to the circuit or superior court of the
county in which the property is located for an order to force
connection, with the cost of the action, including reasonable
attorney's fees of the district, to be assessed by the court against
the property owner in the action.
(10) Refuse the services of the district's facilities if the rates or
other charges are not paid by the user.
(11) Control and supervise all property, works, easements,
licenses, money, contracts, accounts, liens, books, records, maps,
or other property rights and interests conveyed, delivered,
transferred, or assigned to the district.
(12) Construct, acquire by purchase or otherwise, operate, lease,
preserve, and maintain works considered necessary to accomplish
the purposes of the district's establishment within or outside the
district and enter into contracts for the operation of works owned,
leased, or held by another entity, whether public or private.
(13) Hold, encumber, control, acquire by donation, purchase, or
condemnation, construct, own, lease as lessee or lessor, use, and
sell interests in real and personal property or franchises within or
outside the district for:
(A) the location or protection of works;
(B) the relocation of buildings, structures, and improvements
situated on land required by the district or for any other
necessary purpose; or
(C) obtaining or storing material to be used in constructing and
maintaining the works.
(14) Upon consent of two-thirds (2/3) of the members of the
board, merge or combine with another district into a single district
on terms so that the surviving district:
(A) is possessed of all rights, franchises, and authority of the
constituent districts; and
(B) is subject to all the liabilities, obligations, and duties of
each of the constituent districts, with all rights of creditors of
the constituent districts being preserved unimpaired.
(15) Provide by agreement with another eligible entity for the
joint construction of works the district is authorized to construct
if the construction is for the district's own benefit and that of the
other entity. For this purpose the cooperating entities may jointly
appropriate land either within or outside their respective borders
if all subsequent proceedings, actions, powers, liabilities, rights,
and duties are those set forth by statute.
(16) Enter into contracts with a person, an eligible entity, the
state, or the United States to provide services to the contracting
party for any of the following:
(A) The distribution or purification of water.
(B) The collection or treatment of sanitary sewage.
(C) The collection, disposal, or recovery of solid waste.
(17) Make provision for, contract for, or sell the district's
byproducts or waste.
(18) Exercise the power of eminent domain.
(19) Remove or change the location of a fence, building, railroad,
canal, or other structure or improvement located within or outside
the district. If:
(A) it is not feasible or economical to move the building,
structure, or improvement situated in or upon land acquired;
and
(B) the cost is determined by the board to be less than that of
purchase or condemnation;
the district may acquire land and construct, acquire, or install
buildings, structures, or improvements similar in purpose to be
exchanged for the buildings, structures, or improvements under
contracts entered into between the owner and the district.
(20) Employ consulting engineers, superintendents, managers,
and other engineering, construction, and accounting experts,
attorneys, bond counsel, employees, and agents that are necessary
for the accomplishment of the district's purpose and fix their
compensation.
(21) Procure insurance against loss to the district by reason of
damages to the district's properties, works, or improvements
resulting from fire, theft, accident, or other casualty or because of
the liability of the district for damages to persons or property
occurring in the operations of the district's works and
improvements or the conduct of the district's activities.
the evidence produced and determine whether the increased sewer rates
and charges established by the board by ordinance are just and
equitable rates and charges, according to the standards set forth in
section 9 of this chapter. The district authority, by a majority vote,
shall:
(1) sustain the ordinance establishing the rates and charges;
(2) sustain the petition; or
(3) make any other ruling appropriate in the matter.
(g) The order of the district authority may be appealed by the district
or a petitioner to the circuit court of the county in which the district is
located. The court shall try the appeal without a jury and shall
determine one (1) or both of the following:
(1) Whether the board of trustees of the district, in adopting the
ordinance increasing sewer rates and charges, followed the
procedure required by this chapter.
(2) Whether the increased sewer rates and charges established by
the board by ordinance are just and equitable rates and charges,
according to the standards set forth in section 9 of this chapter.
Either party may appeal the circuit court's decision in the same manner
that other civil cases may be appealed.
SECTION 22. IC 13-30-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. This chapter
applies to actions brought by the state or a private person. However,
this chapter does not apply to an action brought by the state if the
action arises from a site that:
(1) is listed on the National Priorities List for hazardous substance
response sites (40 CFR 300 et seq.);
(2) scores at least twenty-five (25) under the Indiana scoring
model under 329 IAC 7; or
(3) is deemed by the commissioner to pose an imminent threat to
human health or the environment.
SECTION 23. IC 13-30-9-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. A person may,
bring an environmental legal action against a regardless of whether
the person who caused or contributed to the release of a hazardous
substance or petroleum into the surface or subsurface soil or
groundwater that poses a risk to human health and the environment,
bring an environmental legal action against a person that caused
or contributed to the release to recover reasonable costs of a removal
or remedial action involving the hazardous substances or petroleum.
SECTION 24. IC 36-1-7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. This chapter applies
to the following:
(1) The state.
(2) All political subdivisions.
(3) All state agencies.
(4) Any of the following created by state law:
(A) Public instrumentalities.
(B) Public corporate bodies.
(4) (5) Another state to the extent authorized by the law of that
state.
(5) (6) Political subdivisions of states other than Indiana, to the
extent authorized by laws of the other states.
(6) (7) Agencies of the federal government, to the extent
authorized by federal laws.
SECTION 25. IC 36-1-7-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) If an agreement
under section 3 of this chapter:
(1) involves as parties:
(A) only Indiana political subdivisions; or
(B) an Indiana political subdivision and:
(i) a public instrumentality; or
(ii) a public corporate body;
created by state law;
conveys the property. The subsequent owner or lessee is bound by the
conditions for the remainder of the period.
(c) As used in this section, "pedestrian skyway" means a pedestrian
walkway within or outside of the public right-of-way and through and
above public or private property and buildings, including all structural
supports required to connect skyways to buildings or buildings under
construction. Pedestrian skyways constructed, extended, or improved
over or through public or private property constitute public property
and public improvements, constitute a public use and purpose, and do
not require vacation of any public way or other property.
(d) All powers that may be exercised under this chapter by the
redevelopment commission may also be exercised by the
redevelopment commission in carrying out its duties and purposes
under IC 36-7-14.5.
SECTION 33. IC 36-7-14-12.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 12.3. IC 5-16-7 applies
to:
(1) a person that enters into a contract with a redevelopment
commission to perform construction work referred to in section
12.2(a)(4), 12.2(a)(6), 12.2(a)(20), or 12.2(a)(21), 12.2(a)(7),
12.2(a)(22), or 12.2(a)(23) of this chapter; and
(2) a subcontractor of a person described in subdivision (1);
with respect to the construction work referred to in subdivision (1).
SECTION 34. IC 36-7-14-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 14. (a) A county may
contract with a city within the county to have any of the duties and
powers listed in sections 11 and 12.2 of this chapter performed by the
redevelopment commission of the city.
(b) A city may contract with the county in which it is located to have
any of the duties and powers listed in sections 11 and 12.2 of this
chapter performed by the redevelopment commission of the county.
(c) A city or county may contract with:
(1) a public instrumentality; or
(2) a public corporate body;
created by state law to have the powers listed in section 12.2(a)(4)
through 12.2(a)(7) of this chapter performed by the public
instrumentality or public corporate body.
(c) (d) A contract made under this section must be for a stated and
limited period and may be renewed.
(d) (e) Whenever a city official acts under a contract made under
this section, or whenever permits or other writings are used under such
a contract, the action or use must be in the name of the county
redevelopment commission.
SECTION 35. IC 36-7-14-15, AS AMENDED BY P.L.185-2005,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 15. (a) Whenever the redevelopment commission
finds that:
(1) an area in the territory under their jurisdiction is an area
needing redevelopment;
(2) the conditions described in IC 36-7-1-3 cannot be corrected in
the area by regulatory processes or the ordinary operations of
private enterprise without resort to this chapter; and
(3) the public health and welfare will be benefited by the
acquisition and redevelopment of the area under this chapter;
the commission shall cause to be prepared the data described in
subsection (b).
(b) After making a finding under subsection (a), the commission
shall cause to be prepared:
(1) maps and plats showing:
(A) the boundaries of the area needing redevelopment, the
location of the various parcels of property, streets, alleys, and
other features affecting the acquisition, clearance,
remediation, replatting, replanning, rezoning, or
redevelopment of the area, indicating any parcels of property
to be excluded from the acquisition; and
(B) the parts of the area acquired that are to be devoted to
public ways, levees, sewerage, parks, playgrounds, and other
public purposes under the redevelopment plan;
(2) lists of the owners of the various parcels of property proposed
to be acquired; and
(3) an estimate of the cost of acquisition and redevelopment.
(c) After completion of the data required by subsection (b), the
redevelopment commission shall adopt a resolution declaring that:
(1) the area needing redevelopment is a menace to the social and
economic interest of the unit and its inhabitants;
(2) it will be of public utility and benefit to acquire the area and
redevelop it under this chapter; and
(3) the area is designated as a redevelopment project area for
purposes of this chapter.
The resolution must state the general boundaries of the redevelopment
project area, and that the department of redevelopment proposes to
acquire all of the interests in the land within the boundaries, with
certain designated exceptions, if there are any.
(d) For the purpose of adopting a resolution under subsection (c), it
is sufficient to describe the boundaries of the redevelopment project
area by its location in relation to public ways or streams, or otherwise,
as determined by the commissioners. Property excepted from the
acquisition may be described by street numbers or location.
SECTION 36. IC 36-7-14-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 21. (a) The
redevelopment commission may proceed with the clearing and
replanning of the area described in the resolution before the acquisition
of all of that area. It may also proceed with the repair and maintenance
of buildings that have been acquired and are not to be cleared, and
with the following with respect to environmental contamination:
(1) Investigation.
(2) Remediation.
This clearance, repair, and maintenance The redevelopment
commission may be carried carry out activities under this subsection
by labor employed directly by the commission or by contract. Contracts
for clearance may provide that the contractor is entitled to retain and
dispose of salvaged material, as a part of the contract price or on the
basis of stated prices for the amounts of the various materials actually
salvaged.
(b) All contracts for material or labor under this section shall be let
under IC 36-1.
(c) In the planning and rezoning of the real property acquired, the
opening, closing, relocation, and improvement of public ways, and the
construction, relocation, and improvement of levees, sewers, parking
facilities, and utility services, the redevelopment commission shall
proceed in the same manner as private owners of the property. It may
negotiate with the proper officers and agencies of the unit to secure the
proper orders, approvals, and consents.
(d) Any construction work required in connection with
improvements in the area described in the resolution may be carried out
by:
(1) the appropriate municipal or county department or agency; or
(2) the department of redevelopment, if:
(A) all plans, specifications, and drawings are approved by the
appropriate department or agency; and
(B) the statutory procedures for the letting of contracts by the
appropriate department or agency are followed by the
department of redevelopment.
elimination of the conditions described in IC 36-7-1-3 in urban
areas.
SECTION 39. IC 36-7-14-33 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 33. (a) Any:
(1) political subdivision; or
(2) other governmental entity;
(3) public instrumentality created by state law; or
(4) public body created by state law;
may, in the area in which it is authorized to act, do all things necessary
to aid and cooperate in the planning and undertaking of an urban
renewal project, including furnishing the financial and other assistance
that it is authorized by this chapter to furnish for or in connection with
a redevelopment plan or redevelopment project.
(b) The redevelopment commission may delegate to:
(1) an executive department of a unit or county; or to
(2) another governmental entity;
(3) a public instrumentality created by state law; or
(4) a public body created by state law;
any of the powers or functions of the commission with respect to the
planning or undertaking of an urban renewal project in the area in
which that department, or entity, public instrumentality, or public
body is authorized to act. The department, or entity, public
instrumentality, or public body may then carry out or perform those
powers or functions for the commission.
(c) A unit, or other another governmental entity, a public
instrumentality created by state law, or a public body created by
state law may enter into agreements with the redevelopment
commission or any other entity respecting action to be taken under this
chapter, including the furnishing of funds or other assistance in
connection with an urban renewal plan or urban renewal project. These
agreements may extend over any period, notwithstanding any other
law.
SECTION 40. IC 36-7-15.1-2, AS AMENDED BY P.L.185-2005,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 2. (a) The assessment, clearance, remediation,
replanning, and redevelopment of areas needing redevelopment are
public and governmental functions that cannot be accomplished
through the ordinary operations of private enterprise, due to the
necessity for the exercise of the power of eminent domain, the
necessity for requiring the proper use of the land so as to best serve the
interests of the county and its citizens, and the cost of these projects.
city and its inhabitants.
SECTION 42. IC 36-7-15.1-7, AS AMENDED BY P.L.185-2005,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 7. (a) In carrying out its duties and purposes under
this chapter, the commission may do the following:
(1) Acquire by purchase, exchange, gift, grant, lease, or
condemnation, or any combination of methods, any real or
personal property or interest in property needed for the
redevelopment of areas needing redevelopment that are located
within the redevelopment district.
(2) Hold, use, sell (by conveyance by deed, land sale contract, or
other instrument), exchange, lease, rent, invest in, or otherwise
dispose of, through any combination of methods, property
acquired for use in the redevelopment of areas needing
redevelopment on the terms and conditions that the commission
considers best for the city and its inhabitants.
(3) Acquire from and sell, lease, or grant interests in all or part of
the real property acquired for redevelopment purposes to any
other department of the city, or to any other governmental agency,
for public ways, levees, sewerage, parks, playgrounds, schools,
and other public purposes, on any terms that may be agreed upon.
(4) Clear real property acquired for redevelopment purposes.
(5) Enter on or into, inspect, investigate, and assess real
property and structures acquired or to be acquired for
redevelopment purposes to determine the existence, source,
nature, and extent of any environmental contamination,
including the following:
(A) Hazardous substances.
(B) Petroleum.
(C) Other pollutants.
(6) Remediate environmental contamination, including the
following, found on any real property or structures acquired
for redevelopment purposes:
(A) Hazardous substances.
(B) Petroleum.
(C) Other pollutants.
(5) (7) Repair and maintain structures acquired or to be acquired
for redevelopment purposes.
(6) (8) Enter upon, survey, or examine any land, to determine
whether it should be included within an area needing
redevelopment to be acquired for redevelopment purposes, and
determine the value of that land.
(7) (9) Appear before any other department or agency of the city,
or before any other governmental agency in respect to any matter
affecting:
(A) real property acquired or being acquired for
redevelopment purposes; or
(B) any area needing redevelopment within the jurisdiction of
the commission.
(8) (10) Exercise the power of eminent domain in the name of the
city, within the redevelopment district, in the manner prescribed
by this chapter.
(9) (11) Establish a uniform fee schedule whenever appropriate
for the performance of governmental assistance, or for providing
materials and supplies to private persons in project or program
related activities.
(10) (12) Expend, on behalf of the redevelopment district, all or
any part of the money available for the purposes of this chapter.
(11) (13) Contract for the construction, extension, or
improvement of pedestrian skyways.
(12) (14) Accept loans, grants, and other forms of financial
assistance from the federal government, the state government, a
municipal corporation, a special taxing district, a foundation, or
any other source.
(13) (15) Provide financial assistance (including grants and loans)
to enable individuals and families to purchase or lease residential
units within the district. However, financial assistance may be
provided only to those individuals and families whose income is
at or below the county's median income for individuals and
families, respectively.
(14) (16) Provide financial assistance (including grants and loans)
to neighborhood development corporations to permit them to:
(A) provide financial assistance for the purposes described in
subdivision (13); (15); or
(B) construct, rehabilitate, or repair commercial property
within the district.
(15) (17) Require as a condition of financial assistance to the
owner of a multiunit residential structure that any of the units
leased by the owner must be leased:
(A) for a period to be determined by the commission, which
may not be less than five (5) years;
(B) to families whose income does not exceed eighty percent
(80%) of the county's median income for families; and
(C) at an affordable rate.
Conditions imposed by the commission under this subdivision
remain in force throughout the period determined under clause
(A), even if the owner sells, leases, or conveys the property. The
subsequent owner or lessee is bound by the conditions for the
remainder of the period.
(16) (18) Provide programs in job training, job enrichment, and
basic skill development for residents of an enterprise zone.
(17) (19) Provide loans and grants for the purpose of stimulating
business activity in an enterprise zone or providing employment
for residents of an enterprise zone.
(18) (20) Contract for the construction, extension, or
improvement of:
(A) public ways, sidewalks, sewers, waterlines, parking
facilities, park or recreational areas, or other local public
improvements (as defined in IC 36-7-15.3-6) or structures that
are necessary for redevelopment of areas needing
redevelopment or economic development within the
redevelopment district; or
(B) any structure that enhances development or economic
development.
(b) In addition to its powers under subsection (a), the commission
may plan and undertake, alone or in cooperation with other agencies,
projects for the redevelopment of, rehabilitating, preventing the spread
of, or eliminating slums or areas needing redevelopment, both
residential and nonresidential, which projects may include any of the
following:
(1) The repair or rehabilitation of buildings or other
improvements by the commission, owners, or tenants.
(2) The acquisition of real property.
(3) Either of the following with respect to environmental
contamination on real property:
(A) Investigation.
(B) Remediation.
(3) (4) The demolition and removal of buildings or improvements
on buildings acquired by the commission where necessary for
any of the following:
(A) To eliminate unhealthful, unsanitary, or unsafe conditions.
(B) To mitigate or eliminate environmental contamination.
(C) To lessen density.
performed for those purposes constituting a redevelopment project, or
any rehabilitation or conservation work, or any combination of such an
undertaking or work, such as the following:
(1) Carrying out plans for a program of voluntary or compulsory
repair and rehabilitation of buildings or other improvements.
(2) Acquisition of real property and demolition, removal, or
rehabilitation of buildings and improvements on the property
when necessary to do any of the following:
(A) Eliminate unhealthful, unsanitary, or unsafe conditions.
(B) Mitigate or eliminate environmental contamination.
(C) Lessen density.
(D) Reduce traffic hazards.
(E) Eliminate uses that are obsolete or otherwise detrimental
to the public welfare.
(F) Otherwise remove or prevent the spread of the conditions
described in IC 36-7-1-3. or
(G) Provide land for needed public facilities.
(3) Installation, construction, or reconstruction of streets, utilities,
parks, playgrounds, and other improvements necessary for
carrying out the objectives of the urban renewal project. and
(4) The disposition, for uses in accordance with the objectives of
the urban renewal project, of any property acquired in the area of
the project.
SECTION 45. IC 36-7-15.1-22, AS AMENDED BY P.L.185-2005,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 22. (a) In connection with the planning and
undertaking of an urban renewal plan or urban renewal project, the
commission and all public and private officers, agencies, and bodies
have all the rights, powers, privileges, duties, and immunities that they
have with respect to a redevelopment plan or redevelopment project,
as if all of the provisions of this chapter applicable to a redevelopment
plan or redevelopment project were applicable to an urban renewal
plan or urban renewal project.
(b) In addition to its other powers, the commission may also:
(1) make plans for carrying out a program of voluntary repair and
rehabilitation of buildings and improvements;
(2) make plans for the enforcement of laws and regulations
relating to the use of land and the use and occupancy of buildings
and improvements, and to the compulsory repair, rehabilitation,
demolition, or removal of buildings and improvements;
(3) make preliminary plans outlining urban renewal activities for
neighborhoods to embrace two (2) or more urban renewal areas;
(4) make preliminary surveys, including environmental
assessments, to determine if the undertaking and carrying out of
an urban renewal project are feasible;
(5) make plans for the relocation of persons (including families,
business concerns, and others) displaced by an urban renewal
project;
(6) make relocation payments in accordance with eligibility
requirements of IC 8-23-17 or the Uniform Relocation Assistance
and Real Property Acquisitions Policy Act of 1970 (42 U.S.C.
4621 et seq.) to or with respect to persons (including families,
business concerns, and others) displaced by an urban renewal
project, for moving expenses and losses of property for which
reimbursement or compensation is not otherwise made, including
the making of payments financed by the federal government; and
(7) develop, test, and report methods and techniques, and carry
out demonstrations and other activities, for the prevention and the
elimination of the conditions described in IC 36-7-1-3 in urban
areas.
SECTION 46. IC 36-7-15.1-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 23. (a) Any:
(1) political subdivision; or
(2) other governmental entity;
(3) public instrumentality created by state law; or
(4) public body created by state law;
may, in the area in which it is authorized to act, do all things necessary
to aid and cooperate in the planning and undertaking of an urban
renewal project, including furnishing the financial and other assistance
that it is authorized by this chapter to furnish for or in connection with
a redevelopment plan or redevelopment project.
(b) The commission may delegate to:
(1) an executive department of the consolidated city or county; or
to
(2) another governmental entity;
(3) a public instrumentality created by state law; or
(4) a public body created by state law;
any of the powers or functions of the commission with respect to the
planning or undertaking of an urban renewal project in the area in
which that department or entity is authorized to act. The department,
or entity, public instrumentality, or public body may then carry out
or perform those powers or functions for the commission.
Date: