The Senate Committee on Utilities and Technology, to which was referred Senate Bill No. 260, 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:
Delete everything after the enacting clause and insert the following:
the legislative body will hear all interested persons.
(b) At the hearing specified in the notice under subsection (a), the legislative body shall do the following:
(1) Hear interested persons.
(2) Rescind, modify, or confirm the resolution or ordinance.
(c) If the legislative body confirms, or modifies and confirms, the resolution or ordinance:
(1) the clean energy improvement financing program is established; and
(2) eligible clean energy improvements installed in buildings located in the unit may be financed according to the financing method approved by the legislative body.
Sec. 10. (a) A property owner that desires to participate in the program shall submit an application to the designated body in the form and according to a schedule determined by the designated body. The application must contain the following:
(1) The address and legal description of the property on which the clean energy improvement for which the property owner desires financing will be installed.
(2) A description and the cost of all clean energy improvements proposed to be installed on the property.
(3) A state of intent to participate in the financing of the clean energy improvement through the imposition of a special assessment on the property.
(4) A verified statement from the property owner that the property owner has:
(A) owned; and
(B) occupied or otherwise used, depending on the property's classification;
the property for at least the immediately preceding twelve (12) months.
(5) A statement showing no delinquent property taxes or special assessments on the property for the shorter of the following:
(A) The two (2) immediately preceding taxable years.
(B) The period set forth in the verified statement required under subdivision (4).
(6) A statement that the assumed cost savings to the owner of
the property over the useful life of the clean energy
improvement, based on industry standards, will exceed the
actual cost of the clean energy improvement.
(7) Payment of the property owner's contribution toward the clean energy improvement in an amount equal to the total costs reported under subdivision (2) multiplied by the percentage set forth in the resolution or ordinance adopted by the legislative body under section 9 of this chapter.
(b) The designated body shall:
(1) review; and
(2) approve or deny;
an application submitted under subsection (a) according to a schedule determined by the designated body. The designated body shall use the costs reported under subsection (a)(2) to determine a total assessment for each property for which an application was approved.
(c) A property owner may withdraw or amend an application at any time before a special assessment is levied on the owner's property under section 11 of this chapter.
(d) The designated body shall establish a procedure by which the designated body may adjust the amounts of assessments determined under subsection (b) to ensure that collections from the assessments are adequate to make all payments required under the financing method approved by the legislative body.
Sec. 11. (a) Based on the assessments determined under section 10(b) of this chapter, and subject to any withdrawal or amendment of an application under section 10(c) of this chapter, a legislative body shall have an assessment roll prepared and levy a special assessment on each property in the unit for which one (1) or more clean energy improvements will be financed under this chapter. The assessment roll must include the following for each property subject to an assessment under this chapter:
(1) The name of the owner.
(2) A description of the property.
(3) The total assessment.
(4) The annual installment of the assessment determined under section 12 of this chapter.
(b) Immediately after the assessment roll is prepared and filed,
the legislative body shall publish a notice according to IC 5-3-1.
The assessment roll is not considered to be completed for purposes
of this section until any adjustments under section 10(d) of this
chapter are made. The notice must do the following:
(1) Describe the purpose of the assessment.
(2) State that the assessment roll, with the names of owners and descriptions of property subject to assessment and the amounts of any assessments, is on file and may be inspected in the designated body's office.
(c) Following any adjustments under section 10(d) of this chapter, the legislative body shall complete and confirm the assessment roll. The assessment roll must show the total assessment opposite each name and a description of the property on the roll. The legislative body shall:
(1) deliver the completed assessment roll to:
(A) the auditor and treasurer of the county in which the unit is located; and
(B) the municipal fiscal officer if the financing under this chapter is initiated by a municipality; and
(2) publish a notice of the completed assessment roll according to IC 5-3-1.
(d) Except as provided in subsection (c), the decision of the legislative body as to all special assessments is final and conclusive on all parties.
(e) An owner of an assessed property may appeal a special assessment to the circuit or superior court for the county in which the assessed property is located. The clerk of the court shall certify the judgment to the designated body. The designated body shall immediately notify the property owner of the amount of the assessment fixed by the court.
Sec. 12. (a) All assessments under this chapter are payable to the treasurer of the county in which the assessed property is located. The county treasurer shall:
(1) annually over the twenty (20) year payment period established in the resolution or ordinance adopted under section 9 of this chapter bill to the property an amount equal to the quotient of the total assessment determined for the property under this chapter divided by twenty (20); and
and when so amended that said bill do pass.
Committee Vote: Yeas 8, Nays 1.