Citations Affected: IC 5-11-1-4; IC 13-19-3-9; IC 13-21-3-5; IC 13-21-3-16; IC 13-26-11-2;
IC 13-26-11-2.1; IC 14-33-16.5.
Synopsis: Solid waste district boards, conservancy districts, and campground sewage rates. Conference committee report for EHB 1200. Allows a county that does not contain a city to change the composition of the county solid waste district board if the county executive and the county fiscal body agree to the change. Provides that: (1) if a campground elects to be billed for sewage service by use of a meter, the rate charged by a district board for the metered sewage service may not exceed the rate charged to residential customers for equivalent usage; and (2) if a campground does not install a meter and is billed for sewage service at a flat rate, each campsite at a campground may not equal more than 1/3 of one resident equivalent unit. Establishes a minimum monthly charge for campgrounds that elect to be billed by use of a meter. Allows a campground to file with the Indiana utility regulatory commission a request for review of a disputed matter with a district board to be conducted by the commission's appeals division. Adds provisions regarding dissolution of a smaller conservancy district and the assumption of the operations, obligations, and assets of the smaller district by a larger contiguous conservancy district that shares a common purpose with the smaller district. Extends the period in which a solid waste management district that owns its own landfill must file a report with the state board of accounts. Exempts a district from the requirement that the fiscal body of a county in which a district is located must approve the use of certain property tax revenue within the district if the district: (1) owns a landfill; (2) will use property tax revenue to construct a new landfill cell or close a landfill cell at the landfill; and (3) has received approval from the county fiscal body to construct or close the landfill cell. Requires certain solid waste landfills that accept only construction\demolition waste to comply with setback requirements concerning public schools established by the solid waste management board for municipal solid waste landfills. (This conference committee report adds provisions from ESB 446 that do the following: Provides that: (1) if a campground elects to be billed for sewage service by use of a meter, the rate charged by a district board for the metered sewage service may not exceed the rate charged to residential customers for equivalent usage; and (2) if a campground does not install a meter and is billed for sewage service at a flat rate, each campsite at the campground may not equal more than 1/3 of one resident equivalent unit. Establishes a minimum monthly charge for campgrounds that elect to be billed by use of a meter. Allows a campground to file with the Indiana utility regulatory commission a request for review of a disputed
matter with a district board to be conducted by the commission's appeals division. Adds
provisions regarding dissolution of a smaller conservancy district and the assumption of
the operations, obligations, and assets of the smaller district by a larger contiguous
conservancy district that shares a common purpose with the smaller district. This
conference committee report adds provisions from ESB 279 that do the following: Extends
the period in which a solid waste management district that owns its own landfill must file
a report with the state board of accounts. Exempts a district from the requirement that the
fiscal body of a county in which a district is located must approve the use of certain
property tax revenue within the district if the district: (1) owns a landfill; (2) will use
property tax revenue to construct a new landfill cell or close a landfill cell at the landfill;
and (3) has received approval from the county fiscal body to construct or close the landfill
cell. Requires certain solid waste landfills that accept only construction\demolition waste
to comply with setback requirements concerning public schools established by the solid
waste management board for municipal solid waste landfills.)
Effective: Upon passage; January 1, 2005 (retroactive); July 1, 2005.
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed Senate Amendments to Engrossed House Bill No. 1200 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
constitutes the board of the county district.
(d) If a county designated as a county district has a population of
more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000), the board of the district consists of the
following members:
(1) One (1) member appointed by the county executive from the
membership of the county executive.
(2) Two (2) members appointed from the county fiscal body
appointed from the membership of the county fiscal body.
(3) The executive of each second or third class city or a member of
the legislative body of their city appointed by the executive.
(4) One (1) member of the legislative body of each town appointed
by the legislative body.
(5) One (1) member of the legislative body of the municipality with
the largest population in the county appointed by the legislative
body of that municipality.
(6) If a local government unit in the county has an operating final
disposal facility located within the unit's jurisdiction, one (1)
member of the unit's board of public works appointed by the board
of public works.
(e) This subsection applies only to a county that does not contain
a city. If the county executive and the county fiscal body of a
county designated as a county district agree, the board of the
district shall consist of the following nine (9) or ten (10) members:
(1) The three (3) members of the county executive.
(2) Two (2) members of the county fiscal body, chosen by the
county fiscal body.
(3) One (1) member of each of the town legislative bodies of the
four (4) or five (5) towns in the county having the largest
population, chosen by each town legislative body.
state the proposed property tax levy and the proposed use of the
revenue. The resolution must be stated so that:
(1) a "yes" vote indicates approval of the levy and the proposed use
of property tax revenue within the district; and
(2) a "no" vote indicates disapproval of the levy and the proposed
use of property tax revenue within the district.
(c) For a resolution described in subsection (b) to be approved by the
county fiscal body:
(1) the county fiscal body must record the vote taken on the
resolution under subsection (b) before May 1 of the year in which
the vote was taken; and
(2) the recorded vote must indicate approval of the use of property
tax revenue within the district.
(d) If all of the county fiscal bodies within a district do not record the
approval described in subsection (c) before May 1 of the year in which
the vote under subsection (b) was taken, the board may not:
(1) impose; or
(2) include within the budget of the board;
a property tax for the year following the year in which the vote was
taken.
(e) Notwithstanding subsection (d), after the first year a tax is
imposed under this section, the resolution required by subsection (b)
for a district that is located in more than two (2) counties need only be
approved by a majority of the county fiscal bodies for the counties in
which the district is located.
(f) A district may not issue bonds to be repaid, directly or indirectly,
with money or property tax revenue of the district until a majority of
the members of each of the county fiscal bodies within a district passes
a resolution approving the bond issue.
by the campground into the sewers. for one (1) year. The highest meter
reading for a calendar week for the campground during the year shall
be used to determine the resident equivalent units for the campground.
If a campground elects to be billed by use of a meter:
(1) the rate charged by a board for the metered sewage service
may not exceed the rate charged to residential customers for
equivalent usage; and
(2) the amount charged by a board for the campground's
monthly sewage service for the period beginning September 1
and ending May 31 must be equal to the greater of:
(A) the actual amount that would be charged for the sewage
discharged during the month by the campground as
measured by the meter; or
(B) the lowest monthly charge paid by the campground for
sewage service during the previous period beginning June 1
and ending August 31.
(c) If a campground does not install a meter under subsection (b)
and is billed for sewage service at a flat rate under subsection (a),
for a calendar year beginning after December 31, 2004, each
campsite at the campground may not equal more than one-third
(1/3) of one (1) resident equivalent unit. The basic monthly charge
for the campground's sewage service must be equal to the number of
the campground's resident equivalent units multiplied by the rate
charged by the board for a resident unit.
(d) The board may impose additional charges on a campground under
this subsection subsections (b) and (c) if the board incurs additional
costs that are caused by any unique factors that apply to providing
sewage service for the campground, including, but not limited to:
(1) the installation of:
(A) oversized pipe; or
(B) any other unique equipment;
necessary to provide sewage service for the campground; and
(2) excessive concentrations of biochemical oxygen demand
(BOD) that exceed federal pollutant standards.
described in subsection (b)(1) through (b)(3) through:
(A) any grievance or complaint procedure prescribed by the
board; or
(B) other negotiations with the board; and
(2) is dissatisfied with the board's proposed disposition of the
matter;
the owner or operator may file with the commission a written
request for review of the disputed matter and the board's proposed
disposition of the matter to be conducted by the commission's
appeals division established under IC 8-1-2-34.5(b). The owner or
operator must file a request under this section with the commission
and the board not later than seven (7) days after receiving notice
of the board's proposed disposition of the matter.
(d) The commission's appeals division shall provide an informal
review of the disputed matter. The review must include a prompt
and thorough investigation of the dispute. Upon request by either
party, or on the division's own motion, the division shall require
the parties to attend a conference on the matter at a date, time, and
place determined by the division.
(e) In any case in which the basic monthly charge for a
campground's sewage service is in dispute, the owner or operator
shall pay, on any disputed bill issued while a review under this
section is pending, the basic monthly charge billed during the year
immediately preceding the year in which the first disputed bill is
issued. If the basic monthly charge paid while the review is pending
exceeds any monthly charge determined by the commission in a
decision issued under subsection (f), the board shall refund or
credit the excess amount paid to the owner or operator. If the basic
monthly charge paid while the review is pending is less than any
monthly charge determined by the appeals division or commission
in a decision issued under subsection (f), the owner or operator
shall pay the board the difference owed.
(f) After conducting the review required under subsection (d), the
appeals division shall issue a written decision resolving the
disputed matter. The division shall send a copy of the decision to:
(1) the owner or operator of the campground; and
(2) the board;
by United States mail. Not later than seven (7) days after receiving
the written decision of the appeals division, either party may make
a written request for the dispute to be formally docketed as a
proceeding before the commission. Subject to the right of either
party to an appeal under IC 8-1-3, the decision of the commission
is final.
(g) The commission shall maintain a record of all requests for a
review made under this section. The record must include:
(1) a copy of the appeals division's and commission's decision
under subsection (f) for each dispute filed; and
(2) any other documents filed with the appeals division or
commission under this section.
The record must be made available for public inspection and
copying in the office of the commission during regular business
hours under IC 5-14-3.
(h) The right of a campground owner or operator to request a
review under this section is in addition to the right of the
campground owner or operator to file a petition under section 15
of this chapter as a freeholder of the district.
(i) The commission may adopt rules under IC 4-22-2 to
implement this section.
auditor shall:
(1) prepare and certify a list of freeholders of the smaller
district;
(2) make the list available for inspection by any person; and
(3) determine and certify whether the petition:
(A) was signed by the number of freeholders required under
section 3(a) of this chapter; and
(B) otherwise meets the requirements of this chapter.
(b) A deficiency in the list of the smaller district's freeholders or
an omission of the name of a freeholder does not void the election
or the election's outcome.
(c) If the county auditor determines that a petition filed under
section 3 of this chapter meets the requirements of this chapter, the
auditor shall, not later than forty (40) days after receiving the
petition, forward a notice to the board of directors of the larger
district by personal delivery or by certified mail. The notice must:
(1) inform the larger district that a petition was filed under
section 3 of this chapter by the freeholders of the smaller
district; and
(2) ask if the larger district is willing and able to assume the
smaller district's operation, obligations, and assets if the
smaller district's freeholders vote to dissolve the smaller
district.
(d) Not later than thirty (30) days after receiving the notice from
the county auditor under subsection (c), the board of directors of
the larger district may pass a resolution stating that:
(1) the larger district is willing and able to assume the smaller
district's operation, obligations, and assets; and
(2) upon becoming part of the larger district, the freeholders
of the smaller district will:
(A) become full and equal freeholders of the larger district;
and
(B) pay the same special benefits taxes and user charges
generally charged by the larger district.
(e) If the board of directors of the larger district passes a timely
resolution under subsection (d):
(1) the board of directors of the larger district must forward a
true and accurate copy of the resolution to the county auditor
by personal delivery or by certified mail not later than ten (10)
business days after the board passes the resolution; and
(2) the board of directors of the smaller district must hold a
dissolution and assumption election of the smaller district's
freeholders under this chapter.
(f) If the board of directors of the larger district:
(1) does not pass a timely resolution under subsection (d); or
(2) passes a timely resolution under subsection (d), but does not
timely forward a copy of the resolution under subsection (e)(1);
the dissolution proceedings that began with the filing of a petition
under section 3 of this chapter are ended.
Sec. 5. Not later than ten (10) days after the county auditor
receives a resolution from the board of directors of the larger
district under section 4 of this chapter, the county auditor shall, by
personal delivery or by certified mail, notify the board of directors
of the smaller district that the board of directors of the smaller
district must hold the election referred to in section 4(e)(2) of this
chapter.
Sec. 6. (a) Not later than ten (10) days after receipt of a notice
under section 5 of this chapter, the board of directors of the
smaller district shall fix the following:
(1) A convenient and suitable place for the smaller district's
election.
(2) The date for the election that is at least sixty (60) days after
the date on which the county auditor notifies the smaller
district's board under section 5 of this chapter.
(b) The voting place must open at 9 a.m. local time and remain
open for balloting continuously until 9 p.m. local time. If the
number of freeholders in the smaller district is too great for
balloting at a single voting place while allowing each freeholder a
reasonable time to cast a ballot, the board shall arrange for the
number of voting places necessary to accommodate the freeholders
eligible to vote.
(c) Notice of the date, time, place, and purpose of the election
must be given for two (2) consecutive weeks in an English language
newspaper of general circulation published in each county having
land in the smaller district, with the last publication:
(1) not less than fifteen (15) days; and
(2) not more than thirty (30) days;
before the date of the election.
(d) The board of directors of the smaller district shall also cause
individual notice of the election to be given to all the smaller
district's freeholders by first class mail.
(e) The notice published under subsection (c) and the individual
freeholder notice mailed under subsection (d) must be in the
following form:
smaller district) Conservancy District.
4. The Board of Directors of the _______________ (insert larger
district) Conservancy District has passed a resolution stating:
A. That the _______________ (insert larger district)
Conservancy District is willing to assume the operation,
obligations, and assets of the _______________ (insert smaller
district) Conservancy District; and
B. That upon becoming part of the _______________ (insert
larger district) Conservancy District, the freeholders of the
_______________ (insert smaller district) Conservancy District
will become full and equal freeholders of the _______________
(insert larger district) Conservancy District and be subject to
and pay the same special benefits taxes and user charges
generally charged by the (insert larger district) Conservancy
District.
5. An election of the freeholders of the (insert smaller district)
Conservancy District is set for the day of ___________, ____, from
9:00 a.m. to 9:00 p.m., at the following location(s):
__________________.
6. The question presented for the election is whether the
_______________ (insert smaller district) Conservancy District
should be dissolved, and whether the _______________ (insert
larger district) Conservancy District should assume the operations,
obligations, and assets of the ________________ (insert smaller
district) Conservancy District.
7. A majority of the votes cast at the election will determine the
question of whether the _______________ (insert smaller district)
Conservancy District should be dissolved, and whether the
_______________ (insert larger district) Conservancy District
should assume the operations, obligations, and assets of the
_______________ (insert smaller district) Conservancy District.
8. As a freeholder of the _______________ (insert smaller district)
Conservancy District, you are entitled to and encouraged to vote
at the election.
/ss/ Board of Directors, _______________
(insert smaller district) Conservancy District
(f) If the board of directors of the smaller district fails to hold the
election as required by this chapter, the county auditor of the
county in which the smaller district's petition was filed shall:
(1) conduct the election as required by this chapter; and
(2) bill the board of directors of the smaller district for the
county auditor's costs incurred for the election.
(g) The board of directors of the smaller district shall promptly
pay a bill submitted to the smaller district under subsection (f).
Sec. 7. After receiving a notice under section 5 of this chapter, the
board of directors of the smaller district shall prepare and furnish
ballots in sufficient number in the following form:
"Shall the _______________ (insert smaller district)
Conservancy District be dissolved and its operations, obligations,
and assets be assumed by the _______________ (insert larger
district) Conservancy District?
jurisdiction over the smaller district shall order the board to
comply or suffer a finding of contempt of court.
(c) The larger district shall take custody and control of the
smaller district's operations, obligations, and assets on the earlier
of:
(1) the date the smaller district's board of directors complies
with subsection (a)(1); or
(2) the sixtieth day after the election.
(d) The larger district is directly responsible for payment of the
smaller district's bonds or notes outstanding upon the larger
district taking custody and control of the smaller district's
operations, obligations, and assets.
(e) When the smaller district's board of directors complies with
subsection (a), the circuit court shall issue an order:
(1) dissolving the smaller district; and
(2) discharging the board of directors of the smaller district.
____________________________ ____________________________
Representative Thompson Senator Lawson C
Chairperson
____________________________ ____________________________
Representative Moses Senator Smith S
House Conferees Senate Conferees