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Indiana General Assembly
House Bill 1033


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House Bill 1033

ARCHIVE (2005)

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DIGEST OF HB 1033 (Updated April 28, 2005 5:22 pm - DI 52)

The environment. Establishes a procedure for an owner of a brownfield to petition the department of local government finance to waive or reduce the outstanding charges against the brownfield listed on the tax duplicate. Requires the county property tax assessment board of appeals and the county or municipal fiscal body to review the petition before final action by the department. Extends the voluntary remediation tax credit by two years. Increases the maximum credit amount and changes the method of computation of the amount. Increases the total amount of credits allowed statewide to $2,000,000. Provides that, for purposes of the law concerning underground storage tanks and petroleum releases: (1) a person is considered an owner or operator; and (2) a governmental entity is not an owner or an operator; of an underground storage tank or a petroleum facility if the person conveyed ownership or control of the tank or facility to the governmental entity because of circumstances in which the governmental entity involuntarily acquired ownership or control. Provides that a governmental entity is not liable for costs or damages associated with the presence of a hazardous substance on a property in which the political subdivision acquired an interest because of circumstances in which the governmental entity involuntarily acquired an interest in the property unless the governmental entity causes or contributes to the release or threatened release of the hazardous substance. Provides that a governmental entity is not liable if a loss results from an act taken to investigate or remediate hazardous substances, petroleum, or other pollutants associated with a brownfield unless the loss is the result of reckless conduct or the entity was responsible for the initial placement of the pollutants on the brownfield. Expands the application of the waste tire fee to tires mounted on farm tractors, implements of husbandry, and semitrailers. Requires the environmental quality service council to study issues concerning energy matters, including investigating methods to increase research, development, production, and use of alternative fuels.
Current Status:
 Law Enacted
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