Introduced Version






SENATE BILL No. 374

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 8-23.

Synopsis: Harvesting grasses along highways. Requires the Indiana department of transportation to enter into leases of highway rights-of-way for which responsibility is assigned to the department for the growth, maintenance, and harvesting of grasses or other plants that are suitable for processing into fuels or other energy products.

Effective: July 1, 2009.





Waterman




    January 8, 2009, read first time and referred to Committee on Natural Resources.







Introduced

First Regular Session 116th General Assembly (2009)


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.
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SENATE BILL No. 374



    A BILL FOR AN ACT to amend the Indiana Code concerning transportation.

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

SOURCE: IC 8-23-9-4.5; (09)IN0374.1.1. -->     SECTION 1. IC 8-23-9-4.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4.5. (a) As used in this section, "qualified work release program" refers to:
        (1) a work release program that is established by the department of correction under IC 11-10-8 or IC 11-10-10; or
        (2) a county work release program under IC 11-12-5.
    (b) Notwithstanding IC 8-23-10, but subject to IC 8-23-24.5, the commissioner may contract with a qualified work release program for the maintenance of a highway right-of-way without taking competitive bids. As used in this subsection, "highway right-of-way" includes only the grass plats.
SOURCE: IC 8-23-24-1; (09)IN0374.1.2. -->     SECTION 2. IC 8-23-24-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. When consistent with public safety and subject to IC 8-23-24.5, the department shall plant trees along the rights-of-way of highways, streets, and roads for which responsibility is assigned to the department.
SOURCE: IC 8-23-24.5; (09)IN0374.1.3. -->     SECTION 3. IC 8-23-24.5 IS ADDED TO THE INDIANA CODE

AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 24.5. Planting Grasses and Other Plants for Energy Production
    Sec. 1. The intent of this chapter is to encourage the use of highway rights-of-way owned by the state to promote the growth and harvesting of vegetation to be used as fuels and other energy products.
    Sec. 2. As used in this chapter, "highway rights-of-way" refer to highway rights-of-way for which responsibility is assigned to the department.
    Sec. 3. As used in this chapter, "vegetation" refers to grasses or other plants that are suitable for processing into fuels or other energy products.
    Sec. 4. To the extent permitted by federal law and when consistent with public safety, the department shall enter into leases with appropriate persons for the persons to plant, maintain, and harvest vegetation on the highway rights-of-way for use in production of energy.
    Sec. 5. A lease under this chapter must provide for the following:
        (1) The lessee is responsible for planting, maintaining, and harvesting the vegetation at the lessee's cost.
        (2) The lessee becomes the owner of the vegetation when harvested.
        (3) The harvested vegetation must be used for the production of fuels or other energy products.
    Sec. 6. A lease under this chapter may provide for the following:
        (1) Any term of the lease that the department considers best to implement the intent of this chapter, but not for more than four (4) years.
        (2) For the lease of parcels of sizes that the department considers the best to implement the intent of this chapter.
        (3) Any other provisions that the department considers useful to implement the intent of this chapter.
    Sec. 7. The department shall award a lease under this chapter to the responsive and responsible bidder who submits the highest bid for the particular lease.
    Sec. 8. To the extent permitted by federal law, the department shall make the use of highway rights-of-way as provided in this chapter a priority over all other uses.