SB 460-1_ Filed 02/09/2009, 12:27
Adopted 2/9/2009

COMMITTEE REPORT




MADAM PRESIDENT:

    The Senate Committee on Energy and Environmental Affairs, to which was referred Senate Bill No. 460, 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; (09)AM046001.1. -->     Page 1, delete lines 1 through 15.
    Delete pages 2 through 4.
    Page 5, delete lines 1 through 31 begin a new paragraph and insert:
SOURCE: IC 13-11-2-16; (09)AM046001.1. -->     "SECTION 1. IC 13-11-2-16, AS AMENDED BY P.L.235-2005, SECTION 126, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 16. (a) "Authority", for purposes of IC 13-22-10, refers to the Indiana hazardous waste facility site approval authority.
    (b) "Authority", for purposes of IC 13-18-13, IC 13-18-21, and IC 13-19-5, and IC 13-19-6, refers to the Indiana finance authority created under IC 4-4-11.
SOURCE: IC 13-11-2-71.2; (09)AM046001.2. -->     SECTION 2. IC 13-11-2-71.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 71.2. "Environmental restrictive ordinance" means, with respect to land, any ordinance that:
        (1) is adopted by a municipal corporation (as defined in IC 36-1-2-10); and
        (2) limits the use of the land or the activities that may be performed on or at the land or requires the maintenance of any engineering control on the land designed to protect human health or the environment.

SOURCE: IC 13-11-2-71.4; (09)AM046001.3. -->     SECTION 3. IC 13-11-2-71.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 71.4. "Environmental trust fund", for purposes of IC 13-19-6, refers to the environmental trust fund established by IC 13-19-6-1.
SOURCE: IC 13-11-2-110.2; (09)AM046001.4. -->     SECTION 4. IC 13-11-2-110.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 110.2. "Institutional control registry", for purposes of IC 13-19-6, refers to the institutional control registry established by IC 13-19-6-1.
SOURCE: IC 13-11-2-148; (09)AM046001.5. -->     SECTION 5. IC 13-11-2-148, AS AMENDED BY P.L.221-2007, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: 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 subsections (e), (g), and (h) 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:
                (i) filling;
                (ii) gauging; or
                (iii) filling and gauging;
            the product level in the course of delivering fuel to an underground storage tank.
        (3) A political subdivision (as defined in IC 36-1-2-13) or unit of federal or state government that:
            (A) acquires ownership or control of an underground storage tank on a brownfield because of:
                (i) bankruptcy;
                (ii) foreclosure;
                (iii) tax delinquency, including an acquisition under IC 6-1.1-24 or IC 6-1.1-25;
                (iv) abandonment;
                (v) the exercise of eminent domain, including any purchase of property once an offer to purchase has been tendered under IC 32-24-1-5;
                (vi) receivership;
                (vii) transfer from another political subdivision or unit of federal or state government;
                (viii) 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;
                (ix) other circumstances in which the political subdivision or unit of federal or state government involuntarily acquired an interest in the property because of the political subdivision's or unit's function as sovereign; or
                (x) any other means to conduct remedial actions on a brownfield; and
            (B) is engaged only in activities in conjunction with:
                (i) investigation or remediation of hazardous substances,

petroleum, and other pollutants associated with a brownfield, including complying with land use restrictions and institutional controls; or
                (ii) monitoring or closure of an underground storage tank;
            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.
    (f) For purposes of subsection (e)(3)(B), reckless, willful, or wanton misconduct constitutes gross negligence.
     (g) "Operator" does not include a person that after June 30, 2009, meets, for purposes of the determination under IC 13-23-13 of liability for a release from an underground storage tank, the exemption criteria under Section 107(q) of CERCLA (42 U.S.C. 9607(q)) that apply for purposes of the determination of liability for a release of a hazardous substance.
     (h) "Operator" does not include a person that meets, for purposes of the determination under IC 13-23-13 of liability for a release from an underground storage tank, the exemption criteria under Section 107(r) of CERCLA (42 U.S.C. 9607(r)) that apply for purposes of the determination of liability for a release of a hazardous substance, except that the person acquires ownership of the facility after June 30, 2009.

SOURCE: IC 13-11-2-150; (09)AM046001.6. -->     SECTION 6. IC 13-11-2-150, AS AMENDED BY P.L.221-2007, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 150. (a) "Owner", for purposes of IC 13-23 (except as provided in subsections (b), (c), and (d)) (d), (e), and (f)) 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;
            (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
            (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) transfer from another political subdivision or unit of federal or state government;
        (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
        (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.
     (e) "Owner" does not include a person that after June 30, 2009, meets, for purposes of the determination under IC 13-23-13 of liability for a release from an underground storage tank, the exemption criteria under Section 107(q) of CERCLA (42 U.S.C. 9607(q)) that apply for purposes of the determination of liability for a release of a hazardous substance.
     (f) "Owner" does not include a person that meets, for purposes of the determination under IC 13-23-13 of liability for a release from an underground storage tank, the exemption criteria under Section 107(r) of CERCLA (42 U.S.C. 9607(r)) that apply for purposes of the determination of liability for a release of a hazardous substance, except that the person acquires ownership of the facility after June 30, 2009.


SOURCE: IC 13-11-2-151; (09)AM046001.7. -->     SECTION 7. IC 13-11-2-151, AS AMENDED BY P.L.221-2007, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: 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;
            (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
            (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) transfer from another political subdivision or unit of federal or state government;
        (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
        (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:
        (1) in the same manner; and
        (2) to the same extent;
as a nongovernmental entity under IC 13-24-1.
    (d) The term does not include a person who:
        (1) does not participate in the management of a petroleum facility;
        (2) is otherwise not engaged in the:
            (A) production;
            (B) refining; and
            (C) marketing;
        of petroleum; and
        (3) holds evidence of ownership in a petroleum facility, primarily to protect the owner's security interest in the petroleum facility.
    (e) The term does not include a nonprofit corporation that acquired ownership or control of a facility 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 13-24-1 in the same manner and to the same extent as any other nongovernmental entity under IC 13-24-1.
     (f) The term does not include a person that after June 30, 2009, meets, for purposes of the determination under IC 13-24-1 of liability for a release of petroleum, the exemption criteria under Section 107(q) of CERCLA (42 U.S.C. 9607(q)) that apply for purposes of the determination of liability for a release of a

hazardous substance.
     (g) The term does not include a person that meets, for purposes of the determination under IC 13-24-1 of liability for a release of petroleum, the exemption criteria under Section 107(r) of CERCLA (42 U.S.C. 9607(r)) that apply for purposes of the determination of liability for a release of a hazardous substance, except that the person acquires ownership of the facility after June 30, 2009.

SOURCE: IC 13-11-2-233.5; (09)AM046001.8. -->     SECTION 8. IC 13-11-2-233.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 233.5. "Tract", for purposes of this chapter and IC 13-19-6, means any area of land that is under common ownership and is contained within a continuous border.".
SOURCE: Page 5, line 41; (09)AM046001.5. -->     Page 5, delete lines 41 through 42, begin a new paragraph and insert:
SOURCE: IC 13-14-2-6; (09)AM046001.10. -->     "SECTION 10. IC 13-14-2-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. Except as provided in IC 13-14-6, the commissioner may proceed in court, by appropriate action, to:
        (1) enforce any final order of the commissioner or of one (1) of the boards;
        (2) collect any penalties or fees;
        (3) procure or secure compliance with this title or any other law that the department has the duty or power to enforce;
        (4) procure compliance with any standard or rule of one (1) of the boards; or
        (5) enforce a restrictive covenant (as defined in IC 13-11-2-193.5) in accordance with the terms of the covenant if the covenant is:
            (A) executed before July 1, 2009;
            (B)
approved by the commissioner; and
             (C) created in connection with any:
                 (i) remediation;
                 (ii) closure;
                 (iii) cleanup; or
                 (iv) corrective action; or
                (v) determination exercising enforcement discretion or of no further action being required;
            approved by the department
under this title; in accordance with the terms of the covenant; or
         (6) enforce a restrictive covenant (as defined in IC 13-11-2-193.5) in accordance with the terms of the

covenant if the covenant is:
            (A) executed after June 30, 2009; and
            (B) created in connection with any
of the following approved by the department under this title:
                (i) A remediation.

                 (ii) A closure.
                 (iii) A cleanup.
                 (iv) A corrective action.
                (v) A determination exercising enforcement discretion or of no further action being required.
".

SOURCE: Page 6, line 1; (09)AM046001.6. -->     Page 6, delete lines 1 through 27.
    Page 6, line 33, delete "may:" and insert " shall:".
    Page 6, line 38, delete "or".
    Page 6, line 39, after "action" insert " , or determination exercising enforcement discretion or of no further action being required".
    Page 6, line 41, delete "IC 4-4-11-46(d) or IC 4-4-11-46(e)" and insert " IC 13-19-6-2(b) or IC 13-19-6-2(c)".
    Page 7, between lines 3 and 4, begin a new paragraph and insert:
SOURCE: IC 13-19-6-1; (09)AM046001.12. -->     "SECTION 12. IC 13-19-6-1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) The following are established:
        (1) The institutional control registry.
        (2) The environmental trust fund.
    (b) The operations of the institutional control registry are funded solely from the environmental trust fund.
    (c) The environmental trust fund:
        (1) shall be administered, held, and managed by the authority;
        (2) may not be used for any purpose other than funding the operations of the authority related to the management of the institutional control registry; and
        (3) consists of:
            (A) fees deposited in the environmental trust fund under section 2 of this chapter;
            (B) appropriations to the environmental trust fund from the general assembly;
            (C) grants, gifts, and donations intended for deposit in the environmental trust fund; and
            (D) interest, premiums, gains, or other earnings that accrue from money in the environmental trust fund.
    (d) The expenses of administering the institutional control registry and the environmental trust fund shall be paid from money in the environmental trust fund. Subject to subsection (e),

the authority shall invest the money in the environmental trust fund not needed to meet the current obligations related to the management of the institutional control registry in accordance with an investment policy adopted by the authority. Interest, premiums, gains, and other earnings from the investments shall be credited to the environmental trust fund. Money in the environmental trust fund at the end of a state fiscal year does not revert to the state general fund.
    (e) As an alternative to subsection (d), the authority may invest or cause to be invested all or a part of the environmental trust fund in a fiduciary account with a trustee that is a financial institution.

SOURCE: IC 13-19-6-2; (09)AM046001.13. -->     SECTION 13. IC 13-19-6-2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) The authority shall administer the institutional control registry by doing the following:
        (1) Inventory by tract restrictive covenants throughout Indiana
that are:
            (A) recorded as described in IC 13-11-2-193.5(3) after 2009; and
            (B) established as a part of a plan approved, determination exercising enforcement discretion made, or determination of no further action being required made by either or both of the following:
                (i) The department.

                (ii) The United States Environmental Protection Agency.
        (2) Create a computerized registry by tract of restrictive covenants referred to in subdivision (1) that is accessible to the public.
        (3) Create a computerized registry of environmental restrictive ordinances throughout Indiana.
        (4) Give notice reasonably calculated to inform the public of the registries referred to in subdivisions (2) and (3).
        (5) Monitor compliance throughout Indiana with restrictive covenants referred to in subdivision (1).
        (6) Report to the department and the attorney general noncompliance with restrictive covenants referred to in subdivision (1).
        (7) Collect fees under subsection (d).
        (8) Deposit fees collected under subdivision (7) in the environmental trust fund.
    (b) Except as provided in subsection (d), the owner of a tract subject to one (1) or more restrictive covenants referred to in

subsection (a)(1) is liable for a fee in the amount of five thousand dollars ($5,000).
     (c) The authority shall establish a schedule of graduated fees based on the relative costs of monitoring compliance under subsection (a)(5) among various tracts of real property subject to restrictive covenants. The schedule of graduated fees under this subsection applies in lieu of the fee under subsection (b) to owners of real property subject to restrictive covenants throughout Indiana that are recorded as described in IC 13-11-2-193.5(3) after the effective date of the schedule of graduated fees established by the authority.
    (d) A fee imposed under subsection (b) or (c) is payable to the authority for deposit into the environmental trust fund not later than thirty (30) days after the recording of the restrictive covenant.
If the fee is not paid by that deadline:
        (1) the authority shall provide to the attorney general the information necessary for commencement of a collection action; and
        (2) the department may void its approval of the:
            (A) remediation;

            (B) closure;
            (C) cleanup;
            (D) corrective action; or
            (E) determination exercising enforcement discretion or of no further action being required;
        under which the restrictive covenant was executed.

     (e) The following are immune from civil or criminal liability for any act or omission related to the performance of duties under subsection (a)(1) through (a)(3):
        (1) The state and the authority.
        (2) Officers, agents, and employees of the state and the authority, either personally or in their official capacities.
    (f) No person, including the state, the authority, the institutional control registry, a political subdivision (as defined in IC 36-1-2-13), or a private person, may rely on the accuracy and completeness of information in the following:
        (1) An inventory under subsection (a)(1).
        (2) A registry under subsection (a)(2) or (a)(3).

SOURCE: IC 13-19-6-3; (09)AM046001.14. -->     SECTION 14. IC 13-19-6-3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) The authority may do the following:
        (1) Employ:
            (A) fiscal consultants;
            (B) engineers;
            (C) special counsel;
            (D) accountants; and
            (E) any other consultants, employees, and agents;
        that the authority considers necessary to carry out the purposes of this chapter.
        (2) Fix and pay the compensation of persons employed under subdivision (1) from money available in the environmental trust fund.
    (b) Notwithstanding any other law, no direction given by the authority to a political subdivision under this chapter, service provided by the authority to a political subdivision under this chapter, or other action allowed or taken by the authority under this chapter is a defense for or otherwise excuses:
        (1) any act of a political subdivision that violates the law; or
        (2) any failure by a political subdivision to act as required by law.
".
SOURCE: Page 7, line 23; (09)AM046001.7. -->     Page 7, line 23, delete "IC 4-4-11-46(d) or" and insert " IC 13-19-6-2(b) or IC 13-19-6-2(c);".
    Page 7, line 24, delete "IC 4-4-11-46(e);".
    Page 7, line 39, delete "environmental trust" and insert " authority".
    Page 8, line 39, delete "[EFFECTIVE UPON PASSAGE]" and insert "[EFFECTIVE JULY 1, 2009]".
    Page 10, delete lines 24 through 42 begin a new paragraph and insert:
SOURCE: IC 34-30-2-51.5; (09)AM046001.20. -->     "SECTION 20. IC 34-30-2-51.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 51.5. IC 13-19-6-2(e) (Concerning actions relating to the institutional control registry).".
SOURCE: Page 11, line 1; (09)AM046001.11. -->     Page 11, delete lines 1 through 6.
    Page 11, line 7, delete "IC 36-1-2-15.7" and insert " IC 36-1-2-4.7".
    Page 11, line 9, delete "Sec. 15.7. "Restrictive" and insert " Sec. 4.7. "Environmental restrictive".
    Page 11, line 22, delete "a" and insert " an environmental".
    Page 11, line 23, delete "environmental trust" and insert " Indiana finance authority and the department of environmental management".
    Page 11, line 25, delete "a" and insert " an environmental".
    Page 11, line 26, delete "A" and insert " An environmental".
    Page 12, line 19, delete "a" and insert " an environmental".
    Page 12, line 20, delete "environmental trust" and insert " Indiana

finance authority and the department of environmental management".
    Page 12, line 22, delete "a" and insert " an environmental".
    Page 12, line 23, delete "A" and insert " An environmental".
    Page 14, line 22, delete "a" and insert " an environmental".
    Page 14, line 23, delete "environmental trust" and insert " Indiana finance authority and the department of environmental management".
    Page 14, line 25, delete "a" and insert " an environmental".
    Page 14, line 26, delete "A" and insert " An environmental".
    Page 15, line 35, delete "a" and insert " an environmental".
    Page 15, line 36, delete "environmental trust" and insert " Indiana finance authority and the department of environmental management".
    Page 15, line 38, delete "a" and insert " an environmental".
    Page 15, line 39, delete "A" and insert " An environmental".
    Page 16, line 34, delete "a" and insert " an environmental".
    Page 16, line 35, delete "environmental trust" and insert " Indiana finance authority and the department of environmental management".
    Page 16, line 37, delete "a" and insert " an environmental".
    Page 16, line 38, delete "A" and insert " An environmental".
    Delete page 17.
    Page 18, delete lines 1 through 38, begin a new paragraph and insert:
    "SECTION 27. [EFFECTIVE JULY 1, 2009] (a) The Indiana finance authority shall do the following:
        (1) Conduct a study to develop recommendations for policies and legislation necessary to implement the institutional control registry established by IC 13-19-6-1, as added by this act, to inventory, monitor compliance, report noncompliance, and impose fees as described in IC 13-19-6-2, as added by this act, with respect to:
            (A) real property covenants that meet the description of a restrictive covenant under IC 13-11-2-193.5, except that they were recorded before 2010; and
            (B) real property covenants that meet the description of a restrictive covenant under IC 13-11-2-193.5, except that they are not imposed as a part of a plan, or a determination exercising enforcement discretion or of no further action being required, approved by either or both of the following:


                (i) The department of environmental management.
                (ii) The United States Environmental Protection Agency.
        (2) Conduct a study and develop recommendations concerning the feasibility of incorporating notice of:
            (A) restrictive covenants (as defined in IC 13-11-2-193.5); and
            (B) environmental restrictive ordinances (as defined in IC 36-1-2-4.7, as added by this act);
        into the "One Call" system managed by the Indiana Underground Plant Protection Service under IC 8-1-26.
        (3) Before September 1, 2010, report the results of the studies under subdivisions (1) and (2) to the environmental quality service council.
    (b) This SECTION expires January 1, 2011.
".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 460 as introduced.)

and when so amended that said bill do pass and be reassigned to the Senate Committee on Tax and Fiscal Policy.

Committee Vote: Yeas 8, Nays 0.

____________________________________

Senator Gard, Chairperson


AM 046001/DI 52    2009