HB 1192-1_ Filed 04/28/2007, 16:34
CONFERENCE COMMITTEE REPORT
DIGEST FOR EHB 1192
Citations Affected: IC 13-11-2; IC 13-19-5; IC 13-23; IC 13-25-4-8; IC 13-26; IC 13-30-9;
IC 36-1-7; IC 36-7.
Synopsis: Environmental law. Conference committee report for EHB 1192. Requires the
department of environmental management (department) to provide notice of a release from, a
spill from, or an overfill of an underground storage tank (UST) system to the county health
officer of each county in which the release, spill, or overfill occurred. Requires a county health
officer that receives notice from the department to: (1) publish notice of the release, spill, or
overfill in a newspaper of general circulation in the county health officer's county; and (2)
provide any other notice of the release, spill, or overfill the county health officer considers
necessary or appropriate. Adjusts limitations on payments from the excess liability trust fund.
With respect to the prohibition against installation of certain USTs before the effective date of
certain rules, adds to the criteria for exception from the prohibition the requirement that all newly
installed or replaced piping connected to the tank meets the secondary containment requirements
adopted by the solid waste management board. With respect to USTs that contain alcohol
blended fuels composed of greater than 15% alcohol: (1) excepts the USTs from that prohibition
if they meet certain standards; and (2) provides that the USTs are subject to certain release
response and detection requirements. Adds effective date provisions. Broadens permissible uses
of the environmental remediation revolving loan fund. Increases from 10% to 50% the amount
of money available in the fund that may be loaned by the Indiana finance authority (authority)
to any one political subdivision in a state fiscal year. Allows the authority to: (1) undertake
activities to make private environmental insurance products available to encourage and facilitate
the cleanup and redevelopment of brownfield properties; (2) enter into agreements with political
subdivisions for various purposes related to environmental investigation and remediation; and
(3) provide services to and collect fees from any person in connection with financial assistance,
liability clarification, and technical assistance. Requires the deposit of fee revenue in the fund.
Provides governmental immunity to the authority with respect to investigation and remediation
of brownfields under agreements with political subdivisions. Allows redevelopment commissions
to enter into agreements with the authority and to carry out environmental investigation and
remediation. Provides that no activity of a political subdivision related to investigation or
remediation on a brownfield site will be considered to contribute to the contamination at the site
unless caused by gross negligence or willful misconduct. Provides that a nonprofit corporation
that supports a political subdivision is not liable to the state for certain environmental
remediation costs and damages unless the corporation causes or contributes to the environmental
contamination. Eliminates the requirement that a person that brings an environmental legal
action (ELA) be a private person. Specifies that a person may bring an ELA regardless of
whether the person caused or contributed to the hazardous substance release or petroleum release
that is the basis for the ELA. Makes technical corrections. Requires a regional sewage district
(RSD) that seeks to require connection to the RSD's sewer system of property that is: (1) located
outside the RSD's territory; and (2) within 300 feet of the system; to provide the property owner
with a letter of recommendation from the local health department that the connection is necessary
to protect the public's health. Prohibits the RSD from requiring the property owner to connect
if the property is already connected to a sewer system that: (1) has received an NPDES permit;
and (2) has been determined to be functioning satisfactorily. Requires a RSD that adopts an
ordinance to increase rates and charges more than 5% per year to give notice to affected users.
(This conference committee report: (1) adds the provisions concerning RSDs; (2) makes
technical corrections; (3) resolves technical conflicts with SEA 155; and (4) deletes statute
of limitations provisions concerning ELAs; and (5) requires study of the statute of
limitations issue concerning ELAs by an interim study committee.)
Effective: Upon passage; July 1, 2007.
Text Box
Adopted Rejected
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CONFERENCE COMMITTEE REPORT
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed Senate Amendments to Engrossed House Bill No. 1192 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:
SOURCE: IC 13-11-2-77; (07)CC119203.1. -->
SECTION 1. IC 13-11-2-77 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 77. (a) "Facility", for
purposes of IC 13-15-1-3, means a structure or an area of land used for
the disposal, treatment, storage, recovery, processing, or transferring of
solid waste, hazardous waste, or atomic radiation. The term includes
the following:
(1) A hazardous waste facility.
(2) An incinerator.
(3) A solid waste landfill.
(4) A transfer station.
(b) "Facility", for purposes of IC 13-17-7, means a single structure,
piece of equipment, installation, or operation that:
(1) emits; or
(2) has the potential to emit;
a regulated air pollutant.
(c) "Facility", for purposes of IC 13-18-5, means a building, a
structure, equipment, or other stationary item that is located on:
(1) a single site; or
(2) contiguous or adjacent sites that are owned by, operated by, or
under common control of the same person.
(d) "Facility", for purposes of IC 13-21, means a facility, a plant, a
works, a system, a building, a structure, an improvement, machinery,
equipment, a fixture, or other real or personal property of any nature
that is to be used, occupied, or employed for the collection, storage,
separation, processing, recovery, treatment, marketing, transfer, or
disposal of solid waste.
(e) "Facility", for purposes of IC 13-25-2, means all buildings,
equipment, structures, and other stationary items that are:
(1) located on a single site or on contiguous or adjacent sites; and
(2) owned or operated by:
(A) the same person; or
(B) any person that controls, is controlled by, or is under
common control with the same person.
For purposes of IC 13-25-2-6, the term includes motor vehicles, rolling
stock, and aircraft.
(f) "Facility", for purposes of IC 13-25-4, has the meaning set
forth in 42 U.S.C. 9601(9).
(f) (g) "Facility", for purposes of IC 13-29-1, means a parcel of land
or site, together with the structures, equipment, and improvements on
or appurtenant to the land or site, which is used or is being developed
for the treatment, storage, or disposal of low-level radioactive waste.
SOURCE: IC 13-11-2-142.3; (07)CC119203.2. -->
SECTION 2. IC 13-11-2-142.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 142.3. "Nonprofit corporation",
for purposes of this chapter and IC 13-25-4-8, refers to a nonprofit
corporation:
(1) that is exempt from income taxation under 26 U.S.C. 501;
(2) for which the primary purpose, as identified in the
corporation's articles of incorporation, is to assist and support
a political subdivision in a matter of public concern; and
(3) that has no member affiliated with any other person that
is potentially liable for response costs at a facility through any
of the following:
(A) A direct or an indirect familial relationship.
(B) A contractual, corporate, or financial relationship
other than a contractual, corporate, or financial
relationship that is created:
(i) by the instruments by which title to the facility is
conveyed or financed; or
(ii) by a contract for the sale of goods or services.
(C) The result of a reorganization of a business entity that
was potentially liable for response costs at the facility.
SOURCE: IC 13-11-2-148; (07)CC119203.3. -->
SECTION 3. IC 13-11-2-148 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: 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 (e), 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.
SOURCE: IC 13-11-2-150; (07)CC119203.4. -->
SECTION 4. IC 13-11-2-150, AS AMENDED BY P.L.208-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 150. (a) "Owner", for purposes of IC 13-23
(except as provided in subsections (b),
and (c),
and (d)) 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;
(G) (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
(H) (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) 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;
(8) (7) transfer from another political subdivision or unit of
federal or state government;
or
(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
(9) (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.
SOURCE: IC 13-11-2-151; (07)CC119203.5. -->
SECTION 5. IC 13-11-2-151, AS AMENDED BY P.L.208-2005,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: 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;
(G) (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
(H) (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) other circumstances in which the political subdivision or unit
of federal or state government involuntarily acquired title because
of the political subdivision's or unit's function as sovereign;
(8) (7) transfer from another political subdivision or unit of
federal or state government; or
(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
(9) (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.
SOURCE: IC 13-11-2-183; (07)CC119203.6. -->
SECTION 6. IC 13-11-2-183 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 183. "Regulated
substance", for purposes of this chapter and IC 13-23, includes the
following:
(1) Any substance defined in section 98 of this chapter as a
hazardous substance, but excluding any substance regulated as a
hazardous waste under:
(A) Subtitle C of the federal Solid Waste Disposal Act, as
amended (42 U.S.C. 6921 through 6939(a)); or
(B) IC 13-22-2-3.
(2) Petroleum.
(3) Any other substance designated by rules adopted by the solid
waste management board under IC 13-23-1-2.
SOURCE: IC 13-19-5-1; (07)CC119203.7. -->
SECTION 7. IC 13-19-5-1, AS AMENDED BY P.L.235-2005,
SECTION 171, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 1. The environmental remediation
revolving loan program is established to assist in the remediation of
brownfields to encourage the rehabilitation, redevelopment, and reuse
of real property by political subdivisions by providing grants, loans,
forgivable loans, or other financial assistance to political subdivisions
to conduct any of the following activities:
(1) Identification and acquisition of brownfields within a political
subdivision as suitable candidates for redevelopment following
the completion of remediation activities.
(2) Environmental assessment of identified brownfields,
including assessment of petroleum contamination, and other
activities necessary or convenient to complete the environmental
assessments.
(3) Remediation activities conducted on brownfields, including:
(A) remediation of petroleum contamination; and
(B) other activities necessary or convenient to complete
remediation activities conducted on brownfields, including
clearance of real property.
(4) The clearance of real property under IC 36-7-14-12.2 or
IC 36-7-15.1-7 in connection with remediation activities.
(5) (4) Other activities in conjunction with assessment and
remediation activities necessary or convenient to complete
remediation activities on brownfields. prepare a brownfield for
redevelopment.
SOURCE: IC 13-19-5-2; (07)CC119203.8. -->
SECTION 8. IC 13-19-5-2, AS AMENDED BY P.L.235-2005,
SECTION 172, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 2. (a) The environmental
remediation revolving loan fund is established for the purpose of
providing money for loans and other financial assistance, including
grants, to or for the benefit of political subdivisions under this chapter.
The authority shall administer, hold, and manage the fund.
(b) Expenses of administering the fund shall be paid from money in
the fund.
(c) The fund consists of the following:
(1) Appropriations made by the general assembly.
(2) Grants and gifts intended for deposit in the fund.
(3) Repayments of loans and other financial assistance, including
premiums, interest, and penalties.
(4) Proceeds from the sale of loans and other financial assistance
under section 9 of this chapter.
(5) Interest, premiums, gains, or other earnings on the fund.
(6) Money transferred from the hazardous substances response
trust fund under IC 13-25-4-1(a)(9).
(7) Fees collected under section 7 of this chapter.
(d) The authority shall invest the money in the fund not currently
needed to meet the obligations of the fund in accordance with an
investment policy adopted by the authority. Interest, premiums, gains,
or other earnings from these investments shall be credited to the fund.
(e) As an alternative to subsection (d), the authority may invest or
cause to be invested all or a part of the fund in a fiduciary account with
a trustee that is a financial institution. Notwithstanding any other law,
any investment may be made by the trustee in accordance with at least
one (1) trust agreement or indenture. A trust agreement or indenture
may allow disbursements by the trustee to:
(1) the authority;
(2) a political subdivision;
(3) the Indiana bond bank; or
(4) any person to which the authority, the Indiana bond bank, or
a political subdivision is obligated, including a trustee that is a
financial institution for a grantor trust;
as provided in the trust agreement or indenture. The budget agency
must approve any trust agreement or indenture before its execution.
SOURCE: IC 13-19-5-3; (07)CC119203.9. -->
SECTION 9. IC 13-19-5-3, AS AMENDED BY P.L.235-2005,
SECTION 173, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 3.
(a) The authority shall do the
following under this chapter:
(1) Be responsible for the management of all aspects of the
program.
(2) Prepare and provide program information.
(3) Negotiate the negotiable aspects of each financial assistance
agreement and submit the agreement to the budget agency for
approval.
(4) Sign each financial assistance agreement.
(5) Review each proposed project and financial assistance
agreement to determine if the project meets the credit, economic,
or fiscal criteria established by guidelines of the authority.
(6) Periodically inspect or cause to be inspected projects to
determine compliance with this chapter.
(7) Conduct or cause to be conducted an evaluation concerning
the financial ability of a political subdivision to:
(A) pay a loan or other financial assistance and other
obligations evidencing loans or other financial assistance, if
required to be paid; and
(B) otherwise comply with terms of the financial assistance
agreement.
(8) Evaluate or cause to be evaluated the technical aspects of the
political subdivision's:
(A) environmental assessment of potential brownfield
properties;
(B) proposed remediation; and
(C) remediation activities conducted on brownfield properties.
(9) Inspect or cause to be inspected remediation activities
conducted under this chapter.
(10) Act as a liaison with the department to the United States
Environmental Protection Agency regarding the program.
(11) Be a point of contact for political subdivisions concerning
questions about the program.
(12) Enter into memoranda of understanding, as necessary, with
the department and the budget agency concerning the
administration and management of the fund and the program.
(b) The authority may do the following under this chapter:
(1) Undertake activities to make private environmental
insurance products available to encourage and facilitate the
cleanup and redevelopment of brownfield properties.
(2) Enter into agreements with political subdivisions to
manage any of the following conducted on brownfield
properties:
(A) Environmental assessment activities.
(B) Environmental remediation activities.
(c) The authority may:
(1) negotiate with;
(2) select; and
(3) contract with;
one (1) or more insurers to provide insurance products as
described in subsection (b)(1).
(d) Notwithstanding IC 13-23, IC 13-24-1, and IC 13-25-4, the
authority is not liable for any contamination addressed by the
authority under an agreement under subsection (b)(2) unless
existing contamination on the brownfield is exacerbated due to
gross negligence or intentional misconduct by the authority.
(e) For purposes of subsection (d), reckless, willful, or wanton
misconduct constitutes gross negligence.
(f) The authority is entitled to the same governmental immunity
afforded a political subdivision under IC 34-13-3-3(23) for any act
taken to investigate or remediate hazardous substances, petroleum,
or other pollutants associated with a brownfield under an
agreement under subsection (b)(2).
SOURCE: IC 13-19-5-7; (07)CC119203.10. -->
SECTION 10. IC 13-19-5-7, AS AMENDED BY P.L.235-2005,
SECTION 175, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 7. (a) The authority may provide
services to a political subdivision person (as defined in
IC 13-11-2-158(a)) in connection with a loan or other financial
assistance, including advisory and other services, technical assistance,
and liability clarification, and may charge assess and collect a fee
for:
(1) services provided to offset the costs of providing the
services; and
(2) costs and services incurred in the review or consideration of
an application for a proposed loan or other financial assistance to
or for the benefit of a political subdivision under this chapter,
regardless of whether the application is approved or rejected.
(b) A political subdivision may pay fees charged under this section.
(c) The authority shall adopt guidelines for the assessment and
collection of fees under this section.
(d) Fees collected under this section shall be deposited in the
fund.
SOURCE: IC 13-19-5-8; (07)CC119203.11. -->
SECTION 11. IC 13-19-5-8, AS AMENDED BY P.L.235-2005,
SECTION 176, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 8. The authority may use a priority
ranking system in making loans and providing other financial
assistance under this chapter based on the following:
(1) Socioeconomic distress in an area, as determined by the
poverty level and unemployment rate in the area.
(2) The technical evaluation by the department under section
3(8)(A) and 3(8)(B) of this chapter.
(3) Other factors determined by the authority, including the
following:
(A) The number and quality of jobs that would be generated by
a project.
(B) Housing, recreational, and educational needs of
communities.
(C) Any other factors the authority determines will assist in the
implementation of this chapter.
SOURCE: IC 13-19-5-9; (07)CC119203.12. -->
SECTION 12. IC 13-19-5-9, AS AMENDED BY P.L.235-2005,
SECTION 177, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 9. (a) A loan or other financial
assistance must be used for at least one (1) of the purposes under
section 1 of this chapter and may be used for any of the following
purposes:
(1) To:
(A) establish guaranties, reserves, or sinking funds, including
guaranties, reserves, or sinking funds to secure and pay, in
whole or in part, loans or other financial assistance made from
sources other than the fund (including financial institutions)
for a purpose permitted by this chapter; or
(B) provide interest subsidies.
(2) To pay financing charges, including interest on the loan or
other financial assistance during remediation and for a reasonable
period after the completion of remediation.
(3) To pay consultant, advisory, and legal fees, and any other
costs or expenses resulting from:
(A) the assessment, planning, or remediation of a brownfield;
or
(B) the loan or other financial assistance.
(b) The authority shall establish the interest rate or parameters for
establishing the interest rate on each loan made under this chapter,
including parameters for establishing the amount of interest subsidies.
(c) The authority, in setting the interest rate or parameters for
establishing the interest rate on each loan, may take into account the
following:
(1) Credit risk.
(2) Environmental enforcement and protection.
(3) Affordability.
(4) Other fiscal factors the authority considers relevant, including
the program's cost of funds and whether the financial assistance
provided to a particular political subdivision is taxable or tax
exempt under federal law.
Based on the factors set forth in subdivisions (1) through (4), more than
one (1) interest rate may be established and used for loans or other
financial assistance to different political subdivisions or for different
loans or other financial assistance to the same political subdivision.
(d) Not more than ten fifty percent (10%) (50%) of the money
available in the fund during a state fiscal year may be loaned or
otherwise provided to any one (1) political subdivision during that
fiscal year.
(e) Before a political subdivision may receive a loan or other
financial assistance, including grants, from the fund, a political
subdivision must submit the following:
(1) Documentation of community and neighborhood comment
concerning the use of a brownfield on which remediation
activities will be undertaken after remediation activities are
completed.
(2) A plan for repayment of the loan or other financial assistance,
if applicable.
(3) An approving opinion of a nationally recognized bond counsel
if required by the authority.
(4) A summary of the environmental objectives of the proposed
project.
(f) A political subdivision that receives a loan or other financial
assistance from the fund shall enter into a financial assistance
agreement. A financial assistance agreement is a valid, binding, and
enforceable agreement of the political subdivision.
(g) The authority may sell or assign:
(1) loans or evidence of other financial assistance; and
(2) other obligations of political subdivisions evidencing the loans
or other financial assistance from the fund;
at any price and on terms acceptable to the authority. Proceeds of sales
or assignments under this subsection shall be deposited in the fund. A
sale or an assignment under this subsection does not create a liability
or an indebtedness of the state or the authority except, in the case of the
authority, strictly in accordance with the sale or assignment terms.
(h) The authority may pledge loans or evidences of other financial
assistance and other obligations of political subdivisions evidencing the
loans or other financial assistance from the fund to secure other loans
or financial assistance from the fund to or for the benefit of political
subdivisions. The terms of a pledge under this subsection must be
approved by the budget agency. Notwithstanding any other law, a
pledge of property made by the authority and approved by the budget
agency under this subsection is binding from the time the pledge is
made. Revenues, other money, or other property pledged and then
received are immediately subject to the lien of the pledge without any
further act. The lien of a pledge is binding against all parties having
claims of any kind in tort, contract, or otherwise against the authority,
a trustee, or the fund, regardless of whether the parties have notice of
a lien. A resolution, an indenture, or other instrument by which a
pledge is created is not required to be filed or recorded, except in the
records of the authority. An action taken to enforce a pledge under this
subsection and to realize the benefits of the pledge is limited to the
property pledged. A pledge under this subsection does not create a
liability or an indebtedness of the state or the authority except, in the
case of the authority, strictly in accordance with the pledge terms.
SOURCE: IC 13-23-5-1; (07)CC119203.13. -->
SECTION 13. IC 13-23-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) Subject to
section 2 of this chapter, and except as provided in subsection (b), an
underground storage tank, whether of single or double wall
construction, may not be installed before the effective date of the rules
adopted under IC 13-23-1-2 for the purpose of storing regulated
substances unless:
(1) the tank will prevent releases due to corrosion or structural
failure for the operational life of the tank;
(2) the tank is:
(A) cathodically protected against corrosion;
(B) constructed of noncorrosive material;
(C) steel clad with a noncorrosive material; or
(D) designed to prevent the release or threatened release of
any stored substance; and
(3) the material used in the construction or lining of the tank is
compatible with the substance to be stored; and
(4) after July 1, 2007, all newly installed or replaced piping
connected to the tank meets the secondary containment
requirements adopted by the board.
(b) An underground storage tank system that contains alcohol
blended fuels composed of greater than fifteen percent (15%)
alcohol is a petroleum UST system (as defined in 329 IAC 9-1-36 as
in effect January 1, 2007) and may be installed during the period
referred to in subsection (a) if the system is otherwise in
compliance with rules adopted by the board concerning technical
and safety requirements relating to the physical characteristics of
underground petroleum storage tanks and ancillary equipment,
including dispensing equipment, used in the storing or dispensing
of alcohol blended fuels for purposes of:
(1) IC 13-23-8-3(1)(A); and
(2) all other provisions of this article.
(c) Owners and operators of underground storage tank systems
that store, carry, or dispense alcohol blended fuels composed of
greater than fifteen percent (15%) alcohol that comply with
subsection (b) are considered to meet the standards of:
(1) compatibility under subsection (a)(3); and
(2) compliance for purposes of:
(A) IC 13-23-8-3; and
(B) all other provisions of this article.
SOURCE: IC 13-23-8-3; (07)CC119203.14. -->
SECTION 14. IC 13-23-8-3, AS AMENDED BY SEA 155-2007,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 3. For the purposes of section 2 of this chapter, the
following amounts shall be used:
(1) If the underground petroleum storage tank that is involved in
the occurrence for which claims are made:
(A) is not in compliance with rules adopted by the board
concerning technical and safety requirements relating to the
physical characteristics of underground petroleum storage
tanks before the date the tank is required to be in compliance
with the requirements; and
(B) is in compliance on a date required under the requirements
described under section 4 of this chapter at the time a release
was discovered;
the amount is thirty-five thousand dollars ($35,000).
(2) If the underground petroleum storage tank that is involved in
the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board
concerning technical and safety requirements relating to the
physical characteristics of underground petroleum storage
tanks before the date the tank is required to be in compliance
with the requirements; and
(B) is not a double walled underground petroleum storage
tank; with and
(C) has piping that has does not have secondary containment;
the amount is twenty-five thousand dollars ($25,000).
(3) If the underground petroleum storage tank that is involved
in the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board
concerning technical and safety requirements relating to
the physical characteristics of underground petroleum
storage tanks before the date the tank is required to be in
compliance with the requirements;
(B) is not a double walled underground petroleum storage
tank; and
(C) has piping that has secondary containment;
the amount is twenty-five thousand dollars ($25,000).
(4) If the underground petroleum storage tank that is involved
in the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board
concerning technical and safety requirements relating to
the physical characteristics of underground petroleum
storage tanks before the date the tank is required to be in
compliance with the requirements;
(B) is a double walled underground petroleum storage
tank; and
(C) has piping that does not have secondary containment;
the amount is twenty-five thousand dollars ($25,000).
(3) (5) If the underground petroleum storage tank that was
involved in the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board
concerning technical and safety requirements relating to the
physical characteristics of underground petroleum storage
tanks before the date the tank is required to be in compliance
with the requirements; and
(B) is a double walled underground petroleum storage tank;
with and
(C) has piping that has secondary containment;
the amount is twenty thousand dollars ($20,000).
SOURCE: IC 13-23-13-16; (07)CC119203.15. -->
SECTION 15. IC 13-23-13-16 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 16. (a) A political subdivision or
unit of federal or state government that acquired ownership or
control of an underground storage tank on a brownfield by any of
the means listed in IC 13-11-2-150(c) and IC 13-11-2-151(b) may
undertake any activity in conjunction with:
(1) investigation or remediation of hazardous substances,
petroleum, and other pollutants associated with a brownfield,
including complying with land use restrictions and
institutional controls; or
(2) monitoring or closure of an underground storage tank;
without being considered as contributing to the existing release or
threatened release of a regulated substance on, in, or at the
brownfield 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.
(b) For purposes of subsection (a), reckless, willful, or wanton
misconduct constitutes gross negligence.
SOURCE: IC 13-23-16; (07)CC119203.16. -->
SECTION 16. IC 13-23-16 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]:
Chapter 16. Notice of Release, Spill, or Overfill
Sec. 1. A citation in this chapter to a rule refers to the rule as in
effect on January 1, 2007.
Sec. 2. If the department receives a report concerning:
(1) the discovery of released regulated substances at an
underground storage tank site or in the surrounding area
under 329 IAC 9-4-1(1); or
(2) a spill or overfill under 329 IAC 9-4-4(a);
the department shall, not more than seven (7) days after receiving
the report, provide notice of the release, spill, or overfill to the
county health officer of each county in which the release, spill, or
overfill occurred.
Sec. 3. Not more than seven (7) days after receiving a notice
from the department under section 2 of this chapter, a county
health officer shall do the following:
(1) Publish notice of the release, spill, or overfill in a
newspaper of general circulation in the county health officer's
county.
(2) Provide any other notice of the release, spill, or overfill the
county health officer considers necessary or appropriate.
Sec. 4. Notice provided by a county health officer under section
3 of this chapter must include:
(1) the same information reported to the department under
329 IAC 9-4-1(1) or 329 IAC 9-4-4(a); and
(2) any other information the county health officer considers
necessary or appropriate.
SOURCE: IC 13-25-4-8; (07)CC119203.17. -->
SECTION 17. IC 13-25-4-8, AS AMENDED BY P.L.1-2006,
SECTION 205, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 8. (a) Except as provided in
subsection (b), (c), or (d), a person that is liable under Section 107(a)
of CERCLA (42 U.S.C. 9607(a)) for:
(1) the costs of removal or remedial action incurred by the
commissioner consistent with the national contingency plan;
(2) the costs of any health assessment or health effects study
carried out by or on behalf of the commissioner under Section
104(i) of CERCLA (42 U.S.C. 9604(i)); or
(3) damages for:
(A) injury to;
(B) destruction of; or
(C) loss of;
natural resources of Indiana;
is liable, in the same manner and to the same extent, to the state under
this section.
(b) The exceptions provided by Sections 107(b), 107(q), and 107(r)
of CERCLA (42 U.S.C. 9607(b), 42 U.S.C. 9607(q), and 42 U.S.C.
9607(r)) to liability otherwise imposed by Section 107(a) of CERCLA
(42 U.S.C. 9607(a)) are equally applicable to any liability otherwise
imposed under subsection (a).
(c) Notwithstanding any liability imposed by the environmental
management laws, a lender, a secured or unsecured creditor, or a
fiduciary is not liable under the environmental management laws, in
connection with the release or threatened release of a hazardous
substance from a facility unless the lender, the fiduciary, or creditor has
participated in the management of the hazardous substance at the
facility.
(d) Notwithstanding any liability imposed by the environmental
management laws, the liability of a fiduciary for a release or threatened
release of a hazardous substance from a facility that is held by the
fiduciary in its fiduciary capacity may be satisfied only from the assets
held by the fiduciary in the same estate or trust as the facility that gives
rise to the liability.
(e) Except as provided in subsection (g), a political subdivision (as
defined in IC 36-1-2-13) or unit of federal or state government is not
liable to the state under this section for costs or damages associated
with the presence of a hazardous substance on, in, or at a property in
which the political subdivision or unit of federal or state government
acquired an interest in the property 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) 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;
(8) (7) transfer from another political subdivision or unit of
federal or state government; or
(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
(9) (10) any other means to conduct remedial actions on a
brownfield.
(f) If a transfer of an interest in property as described in subsection
(e) occurs, a person who owned, operated, or otherwise controlled the
property immediately before the political subdivision or unit of federal
or state government acquired the interest in the property remains liable
under this section:
(1) in the same manner; and
(2) to the same extent;
as the person was liable immediately before the person's interest in the
property was acquired by the political subdivision or unit of federal or
state government.
(g) Notwithstanding subsection (e), a political subdivision or unit of
federal or state government that causes or contributes to the release or
threatened release of a hazardous substance on, in, or at a property
remains subject to this section:
(1) in the same manner; and
(2) to the same extent;
as a nongovernmental entity under this section.
(h) Except as provided in subsection (i), a nonprofit corporation
is not liable to the state under this section for costs or damages
associated with the presence of a hazardous substance on, in, or at
a property in which the nonprofit corporation acquired an interest
to assist and support a political subdivision's revitalization and
reuse of a brownfield for noncommercial purposes, including
conservation, preservation, and recreation.
(i) Notwithstanding subsection (h), a nonprofit corporation that
causes or contributes to a release or threatened release of a
hazardous substance on, in, or at a property remains subject to this
section:
(1) in the same manner; and
(2) to the same extent;
as any other nongovernmental entity under this section.
(j) A political subdivision or unit of federal or state government
that establishes an exemption or defense under subsection (b) or (e)
may undertake any activity related to:
(1) investigation, removal, or remedial action on a brownfield,
including complying with land use restrictions and
institutional controls; or
(2) monitoring or closure of an underground storage tank;
without being considered as contributing to the existing release or
threatened release of hazardous substances on, in, or at the
brownfield 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.
(k) For purposes of subsection (j), reckless, willful, or wanton
misconduct constitutes gross negligence.
SOURCE: IC 13-26-5-2; (07)CC119203.18. -->
SECTION 18. IC 13-26-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. A district may
do the following:
(1) Sue or be sued.
(2) Make contracts in the exercise of the rights, powers, and
duties conferred upon the district.
(3) Adopt and alter a seal and use the seal by causing the seal to
be impressed, affixed, reproduced, or otherwise used. However,
the failure to affix a seal does not affect the validity of an
instrument.
(4) Adopt, amend, and repeal the following:
(A) Bylaws for the administration of the district's affairs.
(B) Rules and regulations for the following:
(i) The control of the administration and operation of the
district's service and facilities.
(ii) The exercise of all of the district's rights of ownership.
(5) Construct, acquire, lease, operate, or manage works and obtain
rights, easements, licenses, money, contracts, accounts, liens,
books, records, maps, or other property, whether real, personal, or
mixed, of a person or an eligible entity.
(6) Assume in whole or in part any liability or obligation of:
(A) a person;
(B) a nonprofit water, sewage, or solid waste project system;
or
(C) an eligible entity;
including a pledge of part or all of the net revenues of a works to
the debt service on outstanding bonds of an entity in whole or in
part in the district and including a right on the part of the district
to indemnify and protect a contracting party from loss or liability
by reason of the failure of the district to perform an agreement
assumed by the district or to act or discharge an obligation.
(7) Fix, alter, charge, and collect reasonable rates and other
charges in the area served by the district's facilities to every
person whose premises are, whether directly or indirectly,
supplied with water or provided with sewage or solid waste
services by the facilities for the purpose of providing for the
following:
(A) The payment of the expenses of the district.
(B) The construction, acquisition, improvement, extension,
repair, maintenance, and operation of the district's facilities
and properties.
(C) The payment of principal or interest on the district's
obligations.
(D) To fulfill the terms of agreements made with:
(i) the purchasers or holders of any obligations; or
(ii) a person or an eligible entity.
(8) Except as provided in section 2.5 of this chapter, require
connection to the district's sewer system of property producing
sewage or similar waste, and require the discontinuance of use of
privies, cesspools, septic tanks, and similar structures if:
(A) there is an available sanitary sewer within three hundred
(300) feet of the property line; and
(B) the district has given written notice by certified mail to the
property owner at the address of the property at least ninety
(90) days before a date for connection to be stated in the
notice; and
(C) if the property is located outside the district's
territory:
(i) the district has obtained and provided to the property
owner (along with the notice required by clause (B)) a
letter of recommendation from the local health
department that there is a possible threat to the public's
health; and
(ii) if the property is also located within the
extraterritorial jurisdiction of a municipal sewage works
under IC 13-9-23 or a public sanitation department
under IC 36-9-25, the municipal works board or
department of public sanitation has acknowledged in
writing that the property is within the municipal sewage
works or department of public sanitation's
extraterritorial jurisdiction, but the municipal works
board or department of public sanitation is unable to
provide sewer service.
However, a district may not require the owner of a property
described in this subdivision to connect to the district's sewer
system if the property is already connected to a sewer system
that has received an NPDES permit and has been determined
to be functioning satisfactorily.
(9) Provide by ordinance for reasonable penalties for failure to
connect and also apply to the circuit or superior court of the
county in which the property is located for an order to force
connection, with the cost of the action, including reasonable
attorney's fees of the district, to be assessed by the court against
the property owner in the action.
(10) Refuse the services of the district's facilities if the rates or
other charges are not paid by the user.
(11) Control and supervise all property, works, easements,
licenses, money, contracts, accounts, liens, books, records, maps,
or other property rights and interests conveyed, delivered,
transferred, or assigned to the district.
(12) Construct, acquire by purchase or otherwise, operate, lease,
preserve, and maintain works considered necessary to accomplish
the purposes of the district's establishment within or outside the
district and enter into contracts for the operation of works owned,
leased, or held by another entity, whether public or private.
(13) Hold, encumber, control, acquire by donation, purchase, or
condemnation, construct, own, lease as lessee or lessor, use, and
sell interests in real and personal property or franchises within or
outside the district for:
(A) the location or protection of works;
(B) the relocation of buildings, structures, and improvements
situated on land required by the district or for any other
necessary purpose; or
(C) obtaining or storing material to be used in constructing and
maintaining the works.
(14) Upon consent of two-thirds (2/3) of the members of the
board, merge or combine with another district into a single district
on terms so that the surviving district:
(A) is possessed of all rights, franchises, and authority of the
constituent districts; and
(B) is subject to all the liabilities, obligations, and duties of
each of the constituent districts, with all rights of creditors of
the constituent districts being preserved unimpaired.
(15) Provide by agreement with another eligible entity for the
joint construction of works the district is authorized to construct
if the construction is for the district's own benefit and that of the
other entity. For this purpose the cooperating entities may jointly
appropriate land either within or outside their respective borders
if all subsequent proceedings, actions, powers, liabilities, rights,
and duties are those set forth by statute.
(16) Enter into contracts with a person, an eligible entity, the
state, or the United States to provide services to the contracting
party for any of the following:
(A) The distribution or purification of water.
(B) The collection or treatment of sanitary sewage.
(C) The collection, disposal, or recovery of solid waste.
(17) Make provision for, contract for, or sell the district's
byproducts or waste.
(18) Exercise the power of eminent domain.
(19) Remove or change the location of a fence, building, railroad,
canal, or other structure or improvement located within or outside
the district. If:
(A) it is not feasible or economical to move the building,
structure, or improvement situated in or upon land acquired;
and
(B) the cost is determined by the board to be less than that of
purchase or condemnation;
the district may acquire land and construct, acquire, or install
buildings, structures, or improvements similar in purpose to be
exchanged for the buildings, structures, or improvements under
contracts entered into between the owner and the district.
(20) Employ consulting engineers, superintendents, managers,
and other engineering, construction, and accounting experts,
attorneys, bond counsel, employees, and agents that are necessary
for the accomplishment of the district's purpose and fix their
compensation.
(21) Procure insurance against loss to the district by reason of
damages to the district's properties, works, or improvements
resulting from fire, theft, accident, or other casualty or because of
the liability of the district for damages to persons or property
occurring in the operations of the district's works and
improvements or the conduct of the district's activities.
(22) Exercise the powers of the district without obtaining the
consent of other eligible entities. However, the district shall:
(A) restore or repair all public or private property damaged in
carrying out the powers of the district and place the property
in the property's original condition as nearly as practicable; or
(B) pay adequate compensation for the property.
(23) Dispose of, by public or private sale or lease, real or personal
property determined by the board to be no longer necessary or
needed for the operation or purposes of the district.
SOURCE: IC 13-26-11-8; (07)CC119203.19. -->
SECTION 19. IC 13-26-11-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) The board
shall, by ordinance, establish just and equitable rates or charges for the
use of and the service provided by a works. The rates or charges are
payable by the owner of each lot, parcel of land, or building that:
(1) is connected with and uses a works; or
(2) in any way uses or is served by a works.
(b) Subject to section 15 of this chapter, the board may
periodically change and readjust the rates or charges as provided in this
article.
SOURCE: IC 13-26-11-14; (07)CC119203.20. -->
SECTION 20. IC 13-26-11-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. (a) The rates or
charges established for a class of users of property served shall be
extended to cover any additional premises served after the rates or
charges are established that are in the same class, without the necessity
of hearing or notice.
(b) Subject to section 15 of this chapter, a change or readjustment
of the rates or charges may be made in the same manner as the rates or
charges were originally established.
SOURCE: IC 13-26-11-15; (07)CC119203.21. -->
SECTION 21. IC 13-26-11-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15. (a) A district
authority is established in each regional sewage district established
under this article.
(b) The district authority of a regional sewage district consists of the
following:
(1) In the case of a regional sewage district located in one (1)
county:
(A) except as provided in clause (B), the county executive of
that county; or
(B) if the members of the county executive are trustees of the
regional sewage district, the members of the county fiscal
body.
(2) In the case of a regional sewage district located in more than
one (1) county, one (1) county executive member, appointed by
that member's county executive, from each county in which the
district is located.
However, a person who serves on the board of trustees of a district may
not be a member of the district authority.
(c) If a district adopts an ordinance increasing sewer rates and
charges at a rate that is greater than five percent (5%) per year, as
calculated from the rates and charges in effect from the date of the
district's last rate increase before January 1, 2001, the district shall
mail, either separately or along with a periodic billing statement,
a notice of the new rates and charges to each user of the sewer
system who is affected by the increase. The notice:
(1) shall be mailed not later than seven (7) days after the
district adopts the ordinance increasing the rates and charges;
and
(2) must include a statement of a freeholder's rights under
this section.
(d) If subsection (c) applies, fifty (50) freeholders of the district or
ten percent (10%) of the district's freeholders, whichever is fewer, may
file a written petition objecting to the rates and charges of the district.
A petition filed under this subsection must:
(1) contain the name and address of each petitioner;
(2) be filed with a member of the district authority, in the county
where at least one (1) petitioner resides, not later than thirty (30)
days after the district adopts the ordinance establishing the rates
and charges; and
(3) set forth the grounds for the freeholders' objection.
(d) If a petition meeting the requirements of this subsection (c) is filed,
the district authority shall investigate and conduct a public hearing on
the petition. If more than one (1) petition concerning a particular
increase in rates and charges is filed, the district authority shall
consider the objections set forth in all the petitions at the same public
hearing.
(e) The district authority shall set the matter for public hearing not
less than ten (10) business days but not later than twenty (20) business
days after the petition has been filed. The district authority shall send
notice of the hearing by certified mail to the district and the petitioner
and publish the notice of the hearing in a newspaper of general
circulation in each county in the district.
(f) Upon the date fixed in the notice, the district authority shall hear
the evidence produced and determine whether the increased sewer rates
and charges established by the board by ordinance are just and
equitable rates and charges, according to the standards set forth in
section 9 of this chapter. The district authority, by a majority vote,
shall:
(1) sustain the ordinance establishing the rates and charges;
(2) sustain the petition; or
(3) make any other ruling appropriate in the matter.
(g) The order of the district authority may be appealed by the district
or a petitioner to the circuit court of the county in which the district is
located. The court shall try the appeal without a jury and shall
determine one (1) or both of the following:
(1) Whether the board of trustees of the district, in adopting the
ordinance increasing sewer rates and charges, followed the
procedure required by this chapter.
(2) Whether the increased sewer rates and charges established by
the board by ordinance are just and equitable rates and charges,
according to the standards set forth in section 9 of this chapter.
Either party may appeal the circuit court's decision in the same manner
that other civil cases may be appealed.
SOURCE: IC 13-30-9-1; (07)CC119203.22. -->
SECTION 22. IC 13-30-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. This chapter
applies to actions brought by the state or a private person. However,
this chapter does not apply to an action brought by the state if the
action arises from a site that:
(1) is listed on the National Priorities List for hazardous substance
response sites (40 CFR 300 et seq.);
(2) scores at least twenty-five (25) under the Indiana scoring
model under 329 IAC 7; or
(3) is deemed by the commissioner to pose an imminent threat to
human health or the environment.
SOURCE: IC 13-30-9-2; (07)CC119203.23. -->
SECTION 23. IC 13-30-9-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. A person may,
bring an environmental legal action against a regardless of whether
the person who caused or contributed to the release of a hazardous
substance or petroleum into the surface or subsurface soil or
groundwater that poses a risk to human health and the environment,
bring an environmental legal action against a person that caused
or contributed to the release to recover reasonable costs of a removal
or remedial action involving the hazardous substances or petroleum.
SOURCE: IC 36-1-7-1; (07)CC119203.24. -->
SECTION 24. IC 36-1-7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. This chapter applies
to the following:
(1) The state.
(2) All political subdivisions.
(3) All state agencies.
(4) Any of the following created by state law:
(A) Public instrumentalities.
(B) Public corporate bodies.
(4) (5) Another state to the extent authorized by the law of that
state.
(5) (6) Political subdivisions of states other than Indiana, to the
extent authorized by laws of the other states.
(6) (7) Agencies of the federal government, to the extent
authorized by federal laws.
SOURCE: IC 36-1-7-4; (07)CC119203.25. -->
SECTION 25. IC 36-1-7-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) If an agreement
under section 3 of this chapter:
(1) involves as parties:
(A) only Indiana political subdivisions; or
(B) an Indiana political subdivision and:
(i) a public instrumentality; or
(ii) a public corporate body;
created by state law;
(2) is approved by the fiscal body of each party that is an
Indiana political subdivision either before or after it the
agreement is entered into by the executives executive of the
parties; party; and
(3) delegates to the treasurer or disbursing officer of one (1) of the
parties that is an Indiana political subdivision the duty to
receive, disburse, and account for all monies of the joint
undertaking;
then the approval of the attorney general is not required.
(b) If subsection (a) does not apply, an agreement under section 3
of this chapter must be submitted to the attorney general for his the
attorney general's approval. The attorney general shall approve the
agreement unless he the attorney general finds that it does not comply
with the statutes, in which case he the attorney general shall detail in
writing for the executives of the parties the specific respects in which
the agreement does not comply. If the attorney general fails to
disapprove the agreement within sixty (60) days after it is submitted to
him, the attorney general, it is considered approved.
SOURCE: IC 36-1-7-15; (07)CC119203.26. -->
SECTION 26. IC 36-1-7-15, AS AMENDED BY P.L.203-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 15. (a) As used in this section, "economic
development entity" means
any of the following:
(1) A department of redevelopment organized under IC 36-7-14.
(2) A department of metropolitan development under
IC 36-7-15.1.
(3) A port authority organized under IC 8-10-5.
or
(4) An airport authority organized under IC 8-22-3.
(5) The Indiana finance authority.
(b) Notwithstanding section 2 of this chapter, two (2) or more
economic development entities may enter into a written agreement
under section 3 of this chapter if the agreement is approved by each
entity's governing body.
(c) A party to an agreement under this section may do one (1) or
more of the following:
(1) Except as provided in subsection (d), grant one (1) or more of
its powers to another party to the agreement.
(2) Exercise any power granted to it by a party to the agreement.
(3) Pledge any of its revenues, including taxes or allocated taxes
under IC 36-7-14, IC 36-7-15.1, or IC 8-22-3.5, to the bonds or
lease rental obligations of another party to the agreement under
IC 5-1-14-4.
(d) An economic development entity may not grant to another entity
the power to tax or to establish an allocation area under IC 8-22-3.5,
IC 36-7-14-39, or IC 36-7-15.1.
(e) An agreement under this section does not have to comply with
section 3(a)(5) or 4 of this chapter.
(f) An action to challenge the validity of an agreement under this
section must be brought within thirty (30) days after the agreement has
been approved by all the parties to the agreement. After that period has
passed, the agreement is not contestable for any cause.
SOURCE: IC 36-7-1-3; (07)CC119203.27. -->
SECTION 27. IC 36-7-1-3, AS AMENDED BY P.L.185-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 3. "Area needing redevelopment" means an area
in which normal development and occupancy are undesirable or
impossible because of any of the following:
(1) Lack of development.
(2) Cessation of growth.
(3) Deteriorated or deteriorating improvements.
(4) Environmental contamination.
(4) (5) Character of occupancy.
(5) (6) Age.
(6) (7) Obsolescence.
(7) (8) Substandard buildings. or
(8) (9) Other factors that impair values or prevent a normal use or
development of property.
SOURCE: IC 36-7-1-18; (07)CC119203.28. -->
SECTION 28. IC 36-7-1-18, AS AMENDED BY P.L.185-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 18. "Redevelopment" includes the following
activities:
(1) Acquiring real property in areas needing redevelopment.
(2) Replatting and determining the proper use of real property
acquired.
(3) Opening, closing, relocating, widening, and improving public
ways.
(4) Relocating, constructing, and improving sewers, utility
services, offstreet parking facilities, and levees.
(5) Laying out and constructing necessary public improvements,
including parks, playgrounds, and other recreational facilities.
(6) Restricting the use of real property acquired according to law.
(7) Repairing and maintaining buildings acquired, if demolition
of those buildings is not considered necessary to carry out the
redevelopment plan.
(8) Rehabilitating real or personal property whether or not
acquired, to carry out the redevelopment or urban renewal plan,
regardless of whether the real or personal property is
acquired by the unit.
(9) Investigating and remediating environmental
contamination on real property to carry out the
redevelopment or urban renewal plan, regardless of whether
the real property is acquired by the unit.
(9) (10) Disposing of property acquired on the terms and
conditions and for the uses and purposes that best serve the
interests of the units served by the redevelopment commission.
(10) (11) Making payments required or authorized by IC 8-23-17.
(11) (12) Performing all acts incident to the statutory powers and
duties of a redevelopment commission.
SOURCE: IC 36-7-1-18.5; (07)CC119203.29. -->
SECTION 29. IC 36-7-1-18.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 18.5. "Remediation" has the
meaning set forth in IC 13-11-2-186.
SOURCE: IC 36-7-14-2.5; (07)CC119203.30. -->
SECTION 30. IC 36-7-14-2.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2.5. (a) The
assessment, planning, replanning, remediation, development, and
redevelopment of economic development areas:
(1) are public and governmental functions that cannot be
accomplished through the ordinary operations of private
enterprise because of:
(1) (A) the necessity for requiring the proper use of the land so
as to best serve the interests of the county and its citizens; and
(2) (B) the costs of these projects;
(b) The planning, replanning, development, and redevelopment of
economic development areas
(2) will:
(1) (A) benefit the public health, safety, morals, and welfare;
(2) (B) increase the economic well-being of the unit and the
state; and
(3) (C) serve to protect and increase property values in the unit
and the state;
(c) The planning, replanning, development, and redevelopment of
economic development areas under this chapter
(3) are public uses and purposes for which public money may be
spent and private property may be acquired.
(d) (b) This section and sections 41 and 43 of this chapter shall be
liberally construed to carry out the purposes of this section.
SOURCE: IC 36-7-14-11; (07)CC119203.31. -->
SECTION 31. IC 36-7-14-11, AS AMENDED BY P.L.185-2005,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 11. The redevelopment commission shall:
(1) investigate, study, and survey areas needing redevelopment
within the corporate boundaries of the unit;
(2) investigate, study, determine, and, to the extent possible,
combat the causes of areas needing redevelopment;
(3) promote the use of land in the manner that best serves the
interests of the unit and its inhabitants;
(4) cooperate:
(A) with the departments and agencies of:
(i) the unit; and
of
(ii) other governmental entities;
and
(B) with:
(i) public instrumentalities; and
(ii) public corporate bodies;
created by state law;
in the manner that best serves the purposes of this chapter;
(5) make findings and reports on their activities under this
section, and keep those reports open to inspection by the public
at the offices of the department;
(6) select and acquire the areas needing redevelopment to be
redeveloped under this chapter; and
(7) replan and dispose of the areas needing redevelopment in the
manner that best serves the social and economic interests of the
unit and its inhabitants.
SOURCE: IC 36-7-14-12.2; (07)CC119203.32. -->
SECTION 32. IC 36-7-14-12.2, AS AMENDED BY P.L.185-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 12.2. (a) The redevelopment commission may
do
the following:
(1) Acquire by purchase, exchange, gift, grant, condemnation, or
lease, or any combination of methods, any personal property or
interest in real property needed for the redevelopment of areas
needing redevelopment that are located within the corporate
boundaries of the unit.
(2) Hold, use, sell (by conveyance by deed, land sale contract, or
other instrument), exchange, lease, rent, or otherwise dispose of
property acquired for use in the redevelopment of areas needing
redevelopment on the terms and conditions that the commission
considers best for the unit and its inhabitants.
(3) Sell, lease, or grant interests in all or part of the real property
acquired for redevelopment purposes to any other department of
the unit or to any other governmental agency for public ways,
levees, sewerage, parks, playgrounds, schools, and other public
purposes on any terms that may be agreed on.
(4) Clear real property acquired for redevelopment purposes.
(5) Enter on or into, inspect, investigate, and assess real
property and structures acquired or to be acquired for
redevelopment purposes to determine the existence, source,
nature, and extent of any environmental contamination,
including the following:
(A) Hazardous substances.
(B) Petroleum.
(C) Other pollutants.
(6) Remediate environmental contamination, including the
following, found on any real property or structures acquired
for redevelopment purposes:
(A) Hazardous substances.
(B) Petroleum.
(C) Other pollutants.
(5) (7) Repair and maintain structures acquired for redevelopment
purposes.
(6) (8) Remodel, rebuild, enlarge, or make major structural
improvements on structures acquired for redevelopment purposes.
(7) (9) Survey or examine any land to determine whether it should
be included within an area needing redevelopment to be acquired
for redevelopment purposes and to determine the value of that
land.
(8) (10) Appear before any other department or agency of the unit,
or before any other governmental agency in respect to any matter
affecting:
(A) real property acquired or being acquired for
redevelopment purposes; or
(B) any area needing redevelopment within the jurisdiction of
the commissioners.
(9) (11) Institute or defend in the name of the unit any civil
action.
(10) (12) Use any legal or equitable remedy that is necessary or
considered proper to protect and enforce the rights of and perform
the duties of the department of redevelopment.
(11) (13) Exercise the power of eminent domain in the name of
and within the corporate boundaries of the unit in the manner
prescribed by section 20 of this chapter.
(12) (14) Appoint an executive director, appraisers, real estate
experts, engineers, architects, surveyors, and attorneys.
(13) (15) Appoint clerks, guards, laborers, and other employees
the commission considers advisable, except that those
appointments must be made in accordance with the merit system
of the unit if such a system exists.
(14) (16) Prescribe the duties and regulate the compensation of
employees of the department of redevelopment.
(15) (17) Provide a pension and retirement system for employees
of the department of redevelopment by using the Indiana public
employees' retirement fund or a retirement plan approved by the
United States Department of Housing and Urban Development.
(16) (18) Discharge and appoint successors to employees of the
department of redevelopment subject to subdivision
(13); (15).
(17) (19) Rent offices for use of the department of redevelopment,
or accept the use of offices furnished by the unit.
(18) (20) Equip the offices of the department of redevelopment
with the necessary furniture, furnishings, equipment, records, and
supplies.
(19) (21) Expend, on behalf of the special taxing district, all or
any part of the money of the special taxing district.
(20) (22) Contract for the construction of:
(A) local public improvements (as defined in IC 36-7-14.5-6)
or structures that are necessary for redevelopment of areas
needing redevelopment or economic development within the
corporate boundaries of the unit; or
(B) any structure that enhances development or economic
development.
(21) (23) Contract for the construction, extension, or
improvement of pedestrian skyways.
(22) (24) Accept loans, grants, and other forms of financial
assistance from the federal government, the state government, a
municipal corporation, a special taxing district, a foundation, or
any other source.
(23) (25) Provide financial assistance (including grants and loans)
to enable individuals and families to purchase or lease residential
units within the district. However, financial assistance may be
provided only to individuals and families whose income is at or
below the unit's median income for individuals and families,
respectively.
(24) (26) Provide financial assistance (including grants and loans)
to neighborhood development corporations to permit them to:
(A) provide financial assistance for the purposes described in
subdivision (23); (25); or
(B) construct, rehabilitate, or repair commercial property
within the district. and
(25) (27) Require as a condition of financial assistance to the
owner of a multiple unit residential structure that any of the units
leased by the owner must be leased:
(A) for a period to be determined by the commission, which
may not be less than five (5) years;
(B) to families whose income does not exceed eighty percent
(80%) of the unit's median income for families; and
(C) at an affordable rate.
(b) Conditions imposed by the commission under subsection (a)(25)
(a)(27) remain in force throughout the period determined under
subsection (a)(25)(A), (a)(27)(A), even if the owner sells, leases, or
conveys the property. The subsequent owner or lessee is bound by the
conditions for the remainder of the period.
(c) As used in this section, "pedestrian skyway" means a pedestrian
walkway within or outside of the public right-of-way and through and
above public or private property and buildings, including all structural
supports required to connect skyways to buildings or buildings under
construction. Pedestrian skyways constructed, extended, or improved
over or through public or private property constitute public property
and public improvements, constitute a public use and purpose, and do
not require vacation of any public way or other property.
(d) All powers that may be exercised under this chapter by the
redevelopment commission may also be exercised by the
redevelopment commission in carrying out its duties and purposes
under IC 36-7-14.5.
SOURCE: IC 36-7-14-12.3; (07)CC119203.33. -->
SECTION 33. IC 36-7-14-12.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 12.3. IC 5-16-7 applies
to:
(1) a person that enters into a contract with a redevelopment
commission to perform construction work referred to in section
12.2(a)(4), 12.2(a)(6), 12.2(a)(20), or 12.2(a)(21), 12.2(a)(7),
12.2(a)(22), or 12.2(a)(23) of this chapter; and
(2) a subcontractor of a person described in subdivision (1);
with respect to the construction work referred to in subdivision (1).
SOURCE: IC 36-7-14-14; (07)CC119203.34. -->
SECTION 34. IC 36-7-14-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 14. (a) A county may
contract with a city within the county to have any of the duties and
powers listed in sections 11 and 12.2 of this chapter performed by the
redevelopment commission of the city.
(b) A city may contract with the county in which it is located to have
any of the duties and powers listed in sections 11 and 12.2 of this
chapter performed by the redevelopment commission of the county.
(c) A city or county may contract with:
(1) a public instrumentality; or
(2) a public corporate body;
created by state law to have the powers listed in section 12.2(a)(4)
through 12.2(a)(7) of this chapter performed by the public
instrumentality or public corporate body.
(c) (d) A contract made under this section must be for a stated and
limited period and may be renewed.
(d) (e) Whenever a city official acts under a contract made under
this section, or whenever permits or other writings are used under such
a contract, the action or use must be in the name of the county
redevelopment commission.
SOURCE: IC 36-7-14-15; (07)CC119203.35. -->
SECTION 35. IC 36-7-14-15, AS AMENDED BY P.L.185-2005,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 15. (a) Whenever the redevelopment commission
finds that:
(1) an area in the territory under their jurisdiction is an area
needing redevelopment;
(2) the conditions described in IC 36-7-1-3 cannot be corrected in
the area by regulatory processes or the ordinary operations of
private enterprise without resort to this chapter; and
(3) the public health and welfare will be benefited by the
acquisition and redevelopment of the area under this chapter;
the commission shall cause to be prepared the data described in
subsection (b).
(b) After making a finding under subsection (a), the commission
shall cause to be prepared:
(1) maps and plats showing:
(A) the boundaries of the area needing redevelopment, the
location of the various parcels of property, streets, alleys, and
other features affecting the acquisition, clearance,
remediation, replatting, replanning, rezoning, or
redevelopment of the area, indicating any parcels of property
to be excluded from the acquisition; and
(B) the parts of the area acquired that are to be devoted to
public ways, levees, sewerage, parks, playgrounds, and other
public purposes under the redevelopment plan;
(2) lists of the owners of the various parcels of property proposed
to be acquired; and
(3) an estimate of the cost of acquisition and redevelopment.
(c) After completion of the data required by subsection (b), the
redevelopment commission shall adopt a resolution declaring that:
(1) the area needing redevelopment is a menace to the social and
economic interest of the unit and its inhabitants;
(2) it will be of public utility and benefit to acquire the area and
redevelop it under this chapter; and
(3) the area is designated as a redevelopment project area for
purposes of this chapter.
The resolution must state the general boundaries of the redevelopment
project area, and that the department of redevelopment proposes to
acquire all of the interests in the land within the boundaries, with
certain designated exceptions, if there are any.
(d) For the purpose of adopting a resolution under subsection (c), it
is sufficient to describe the boundaries of the redevelopment project
area by its location in relation to public ways or streams, or otherwise,
as determined by the commissioners. Property excepted from the
acquisition may be described by street numbers or location.
SOURCE: IC 36-7-14-21; (07)CC119203.36. -->
SECTION 36. IC 36-7-14-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 21. (a) The
redevelopment commission may proceed with the clearing and
replanning of the area described in the resolution before the acquisition
of all of that area. It may also proceed with the repair and maintenance
of buildings that have been acquired and are not to be cleared, and
with the following with respect to environmental contamination:
(1) Investigation.
(2) Remediation.
This clearance, repair, and maintenance The redevelopment
commission may be carried carry out activities under this subsection
by labor employed directly by the commission or by contract. Contracts
for clearance may provide that the contractor is entitled to retain and
dispose of salvaged material, as a part of the contract price or on the
basis of stated prices for the amounts of the various materials actually
salvaged.
(b) All contracts for material or labor under this section shall be let
under IC 36-1.
(c) In the planning and rezoning of the real property acquired, the
opening, closing, relocation, and improvement of public ways, and the
construction, relocation, and improvement of levees, sewers, parking
facilities, and utility services, the redevelopment commission shall
proceed in the same manner as private owners of the property. It may
negotiate with the proper officers and agencies of the unit to secure the
proper orders, approvals, and consents.
(d) Any construction work required in connection with
improvements in the area described in the resolution may be carried out
by:
(1) the appropriate municipal or county department or agency; or
(2) the department of redevelopment, if:
(A) all plans, specifications, and drawings are approved by the
appropriate department or agency; and
(B) the statutory procedures for the letting of contracts by the
appropriate department or agency are followed by the
department of redevelopment.
(e) The redevelopment commission may pay any charges or
assessments made on account of orders, approval, consents, and
construction work under this section, or may agree to pay these
assessments in installments as provided by statute in the case of private
owners. The commission may:
(1) by special waiver filed with the municipal works board or
county executive, waive the statutory procedure and notices
required by law in order to create valid liens on private property;
and
(2) cause any assessments to be spread on a different basis than
that provided by statute.
(f) None of the real property acquired under this chapter may be set
aside and dedicated for public ways, parking facilities, sewers, levees,
parks, or other public purposes until the redevelopment commission
has obtained the consent and approval of the department or agency
under whose jurisdiction the property will be placed.
SOURCE: IC 36-7-14-30; (07)CC119203.37. -->
SECTION 37. IC 36-7-14-30, AS AMENDED BY P.L.185-2005,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 30. In addition to its authority under any other
section of this chapter, the redevelopment commission may plan and
undertake urban renewal projects. For purposes of this chapter, an
urban renewal project includes undertakings and activities for the
elimination and the prevention of the conditions described in
IC 36-7-1-3, and may involve any work or undertaking that is
performed for those purposes and is related to a redevelopment project,
or any rehabilitation or conservation work, or any combination of such
an undertaking or work, such as the following:
(1) Carrying out plans for a program of voluntary or compulsory
repair and rehabilitation of buildings or other improvements.
(2) Acquisition of real property and demolition, removal, or
rehabilitation of buildings and improvements on the property
when necessary for the following:
(A) To eliminate unhealthful, unsanitary, or unsafe conditions.
(B) To mitigate or eliminate environmental contamination.
(C) To do any of the following:
(i) Lessen density.
(ii) Reduce traffic hazards.
(iii) Eliminate uses that are obsolete or otherwise
detrimental to the public welfare.
(iv) Otherwise remove or prevent the spread of the
conditions described in IC 36-7-1-3. or
(v) Provide land for needed public facilities.
(3) Installation, construction, or reconstruction of streets, utilities,
parks, playgrounds, and other improvements necessary for
carrying out the objectives of the urban renewal project. and
(4) The disposition, for uses in accordance with the objectives of
the urban renewal project, of any property acquired in the area of
the project.
SOURCE: IC 36-7-14-32; (07)CC119203.38. -->
SECTION 38. IC 36-7-14-32, AS AMENDED BY P.L.185-2005,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 32. (a) In connection with the planning and
undertaking of an urban renewal plan or urban renewal project, the
redevelopment commission, municipal, county, public, and private
officers, agencies, and bodies have all the rights, powers, privileges,
duties, and immunities that they have with respect to a redevelopment
plan or redevelopment project, as if all of the provisions of this chapter
applicable to a redevelopment plan or redevelopment project were
applicable to an urban renewal plan or urban renewal project.
(b) In addition to its other powers, the redevelopment commission
may also:
(1) make plans for carrying out a program of voluntary repair and
rehabilitation of buildings and improvements;
(2) make plans for the enforcement of laws and regulations
relating to the use of land and the use and occupancy of buildings
and improvements, and to the compulsory repair, rehabilitation,
demolition, or removal of buildings and improvements;
(3) make preliminary plans outlining urban renewal activities for
neighborhoods to embrace two (2) or more urban renewal areas;
(4) make preliminary surveys, including environmental
assessments, to determine if the undertaking and carrying out of
an urban renewal project are feasible;
(5) make plans for the relocation of persons (including families,
business concerns, and others) displaced by an urban renewal
project;
(6) make relocation payments to or with respect to persons
(including families, business concerns, and others) displaced by
an urban renewal project, for moving expenses and losses of
property for which reimbursement or compensation is not
otherwise made, including the making of payments financed by
the federal government; and
(7) develop, test, and report methods and techniques, and carry
out demonstrations and other activities, for the prevention and the
elimination of the conditions described in IC 36-7-1-3 in urban
areas.
SOURCE: IC 36-7-14-33; (07)CC119203.39. -->
SECTION 39. IC 36-7-14-33 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 33. (a) Any:
(1) political subdivision;
or
(2) other governmental entity;
(3) public instrumentality created by state law; or
(4) public body created by state law;
may, in the area in which it is authorized to act, do all things necessary
to aid and cooperate in the planning and undertaking of an urban
renewal project, including furnishing the financial and other assistance
that it is authorized by this chapter to furnish for or in connection with
a redevelopment plan or redevelopment project.
(b) The redevelopment commission may delegate to:
(1) an executive department of a unit or county;
or to
(2) another governmental entity;
(3) a public instrumentality created by state law; or
(4) a public body created by state law;
any of the powers or functions of the commission with respect to the
planning or undertaking of an urban renewal project in the area in
which that department,
or entity,
public instrumentality, or public
body is authorized to act. The department,
or entity,
public
instrumentality, or public body may then carry out or perform those
powers or functions for the commission.
(c) A unit,
or other another governmental entity,
a public
instrumentality created by state law, or a public body created by
state law may enter into agreements with the redevelopment
commission or any other entity respecting action to be taken under this
chapter, including the furnishing of funds or other assistance in
connection with an urban renewal plan or urban renewal project. These
agreements may extend over any period, notwithstanding any other
law.
SOURCE: IC 36-7-15.1-2; (07)CC119203.40. -->
SECTION 40. IC 36-7-15.1-2, AS AMENDED BY P.L.185-2005,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 2. (a) The assessment, clearance, remediation,
replanning, and redevelopment of areas needing redevelopment are
public and governmental functions that cannot be accomplished
through the ordinary operations of private enterprise, due to the
necessity for the exercise of the power of eminent domain, the
necessity for requiring the proper use of the land so as to best serve the
interests of the county and its citizens, and the cost of these projects.
(b) The conditions that exist in areas needing redevelopment are
beyond remedy and control by regulatory processes because of the
obsolescence and deteriorated conditions of improvements,
environmental contamination, faulty land use, shifting of population,
and technological and social changes.
(c) The assessment, clearing, remediation, replanning, and
redevelopment of areas needing redevelopment will benefit the health,
safety, morals, and welfare and will serve to protect and increase
property values in the county and the state.
(d) The assessment, clearance, remediation, replanning, and
redevelopment of areas needing redevelopment under this chapter are
public uses and purposes for which public money may be spent and
private property may be acquired.
(e) This chapter shall be liberally construed to carry out the
purposes of this section.
SOURCE: IC 36-7-15.1-6; (07)CC119203.41. -->
SECTION 41. IC 36-7-15.1-6, AS AMENDED BY P.L.185-2005,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 6. The commission shall:
(1) investigate, study, and survey areas needing redevelopment
within the redevelopment district;
(2) investigate, study, determine, and to the extent possible
combat the causes of the conditions described in IC 36-7-1-3;
(3) promote the use of land in the manner that best serves the
interests of the consolidated city and its inhabitants, both from the
standpoint of human needs and economic values;
(4) cooperate:
(A) with the departments and agencies of:
(i) the city; and
of
(ii) other governmental entities;
and
(B) with:
(i) public instrumentalities; and
(ii) public bodies;
created by state law;
in the manner that best serves the purposes of this chapter;
(5) make findings and reports on its activities under this section,
and keep those reports open to inspection by the public at the
offices of the department;
(6) select and acquire the areas needing redevelopment to be
redeveloped under this chapter; and
(7) replan and dispose of the areas needing redevelopment in the
manner that best serves the social and economic interests of the
city and its inhabitants.
SOURCE: IC 36-7-15.1-7; (07)CC119203.42. -->
SECTION 42. IC 36-7-15.1-7, AS AMENDED BY P.L.185-2005,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 7. (a) In carrying out its duties and purposes under
this chapter, the commission may do the following:
(1) Acquire by purchase, exchange, gift, grant, lease, or
condemnation, or any combination of methods, any real or
personal property or interest in property needed for the
redevelopment of areas needing redevelopment that are located
within the redevelopment district.
(2) Hold, use, sell (by conveyance by deed, land sale contract, or
other instrument), exchange, lease, rent, invest in, or otherwise
dispose of, through any combination of methods, property
acquired for use in the redevelopment of areas needing
redevelopment on the terms and conditions that the commission
considers best for the city and its inhabitants.
(3) Acquire from and sell, lease, or grant interests in all or part of
the real property acquired for redevelopment purposes to any
other department of the city, or to any other governmental agency,
for public ways, levees, sewerage, parks, playgrounds, schools,
and other public purposes, on any terms that may be agreed upon.
(4) Clear real property acquired for redevelopment purposes.
(5) Enter on or into, inspect, investigate, and assess real
property and structures acquired or to be acquired for
redevelopment purposes to determine the existence, source,
nature, and extent of any environmental contamination,
including the following:
(A) Hazardous substances.
(B) Petroleum.
(C) Other pollutants.
(6) Remediate environmental contamination, including the
following, found on any real property or structures acquired
for redevelopment purposes:
(A) Hazardous substances.
(B) Petroleum.
(C) Other pollutants.
(5) (7) Repair and maintain structures acquired or to be acquired
for redevelopment purposes.
(6) (8) Enter upon, survey, or examine any land, to determine
whether it should be included within an area needing
redevelopment to be acquired for redevelopment purposes, and
determine the value of that land.
(7) (9) Appear before any other department or agency of the city,
or before any other governmental agency in respect to any matter
affecting:
(A) real property acquired or being acquired for
redevelopment purposes; or
(B) any area needing redevelopment within the jurisdiction of
the commission.
(8) (10) Exercise the power of eminent domain in the name of the
city, within the redevelopment district, in the manner prescribed
by this chapter.
(9) (11) Establish a uniform fee schedule whenever appropriate
for the performance of governmental assistance, or for providing
materials and supplies to private persons in project or program
related activities.
(10) (12) Expend, on behalf of the redevelopment district, all or
any part of the money available for the purposes of this chapter.
(11) (13) Contract for the construction, extension, or
improvement of pedestrian skyways.
(12) (14) Accept loans, grants, and other forms of financial
assistance from the federal government, the state government, a
municipal corporation, a special taxing district, a foundation, or
any other source.
(13) (15) Provide financial assistance (including grants and loans)
to enable individuals and families to purchase or lease residential
units within the district. However, financial assistance may be
provided only to those individuals and families whose income is
at or below the county's median income for individuals and
families, respectively.
(14) (16) Provide financial assistance (including grants and loans)
to neighborhood development corporations to permit them to:
(A) provide financial assistance for the purposes described in
subdivision (13); (15); or
(B) construct, rehabilitate, or repair commercial property
within the district.
(15) (17) Require as a condition of financial assistance to the
owner of a multiunit residential structure that any of the units
leased by the owner must be leased:
(A) for a period to be determined by the commission, which
may not be less than five (5) years;
(B) to families whose income does not exceed eighty percent
(80%) of the county's median income for families; and
(C) at an affordable rate.
Conditions imposed by the commission under this subdivision
remain in force throughout the period determined under clause
(A), even if the owner sells, leases, or conveys the property. The
subsequent owner or lessee is bound by the conditions for the
remainder of the period.
(16) (18) Provide programs in job training, job enrichment, and
basic skill development for residents of an enterprise zone.
(17) (19) Provide loans and grants for the purpose of stimulating
business activity in an enterprise zone or providing employment
for residents of an enterprise zone.
(18) (20) Contract for the construction, extension, or
improvement of:
(A) public ways, sidewalks, sewers, waterlines, parking
facilities, park or recreational areas, or other local public
improvements (as defined in IC 36-7-15.3-6) or structures that
are necessary for redevelopment of areas needing
redevelopment or economic development within the
redevelopment district; or
(B) any structure that enhances development or economic
development.
(b) In addition to its powers under subsection (a), the commission
may plan and undertake, alone or in cooperation with other agencies,
projects for the redevelopment of, rehabilitating, preventing the spread
of, or eliminating slums or areas needing redevelopment, both
residential and nonresidential, which projects may include any of the
following:
(1) The repair or rehabilitation of buildings or other
improvements by the commission, owners, or tenants.
(2) The acquisition of real property.
(3) Either of the following with respect to environmental
contamination on real property:
(A) Investigation.
(B) Remediation.
(3) (4) The demolition and removal of buildings or improvements
on buildings acquired by the commission where necessary for
any of the following:
(A) To eliminate unhealthful, unsanitary, or unsafe conditions.
(B) To mitigate or eliminate environmental contamination.
(C) To lessen density.
(D) To reduce traffic hazards.
(E) To eliminate obsolete or other uses detrimental to public
welfare.
(F) To otherwise remove or prevent the conditions described
in IC 36-7-1-3. or
(G) To provide land for needed public facilities.
(4) (5) The preparation of sites and the construction of
improvements (such as public ways and utility connections) to
facilitate the sale or lease of property.
(5) (6) The construction of buildings or facilities for residential,
commercial, industrial, public, or other uses.
(6) (7) The disposition in accordance with this chapter, for uses
in accordance with the plans for the projects, of any property
acquired in connection with the projects.
(c) The commission may use its powers under this chapter relative
to real property and interests in real property obtained by voluntary sale
or transfer, even though the real property and interests in real property
are not located in a redevelopment or urban renewal project area
established by the adoption and confirmation of a resolution under
sections 8(b), 8(c), 9, 10, and 11 of this chapter. In acquiring real
property and interests in real property outside of a redevelopment or
urban renewal project area, the commission shall comply with section
12(b) through 12(e) of this chapter. The commission shall hold,
develop, use, and dispose of this real property and interests in real
property substantially in accordance with section 15 of this chapter.
(d) As used in this section, "pedestrian skyway" means a pedestrian
walkway within or outside of the public right-of-way and through and
above public or private property and buildings, including all structural
supports required to connect skyways to buildings or buildings under
construction. Pedestrian skyways constructed, extended, or improved
over or through public or private property constitute public property
and public improvements, constitute a public use and purpose, and do
not require vacation of any public way or other property.
(e) All powers that may be exercised under this chapter by the
commission may also be exercised by the commission in carrying out
its duties and purposes under IC 36-7-15.3.
SOURCE: IC 36-7-15.1-14; (07)CC119203.43. -->
SECTION 43. IC 36-7-15.1-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 14. (a) The commission
may proceed with the clearing and replanning of the area described in
the resolution before the acquisition of all of that area. It may also
proceed with any of the following:
(1) The repair and maintenance of buildings that have been
acquired and are not to be cleared.
(2) Investigation of environmental contamination.
(3) Remediation of environmental contamination.
This clearance, repair, and maintenance The commission may be
carried carry out the activities under this subsection by labor
employed directly by the commission or by contract. Contracts for
clearance may provide that the contractor is entitled to retain and
dispose of salvaged material, as a part of the contract price or on the
basis of stated prices for the amounts of the various materials actually
salvaged.
(b) All contracts for material or labor under this section shall be let
under IC 36-1.
(c) In the replanning and rezoning of the real property acquired, the
opening, closing, relocation, and improvement of public ways, and the
construction, relocation, or improvement of levees, sewers, and utility
services, the commission shall proceed in the same manner as private
owners of property. It may negotiate with the proper officers and
agencies to secure the proper orders, approvals, and consents.
(d) The commission may pay any charges or assessments made on
account of orders, approvals, consents, and construction work under
this section, or may agree to pay these assessments in installments as
provided by statute in the case of private owners. The commission may:
(1) by special waiver filed with the works board, waive the
statutory procedure and notices required by law in order to create
valid liens on private property; and
(2) cause any assessments to be spread on a different basis than
that provided by statute.
(e) None of the real property acquired under this chapter may be set
aside and dedicated for public ways, sewers, levees, parks, or other
public purposes until the commission has obtained the consent and
approval of the department or agency under whose jurisdiction the
property will be placed.
SOURCE: IC 36-7-15.1-20; (07)CC119203.44. -->
SECTION 44. IC 36-7-15.1-20, AS AMENDED BY P.L.185-2005,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 20. In addition to its authority under any other
section of this chapter, the commission may plan and undertake urban
renewal projects. For purposes of this chapter, an urban renewal project
includes undertakings and activities for the elimination or the
prevention of the development or spread of the conditions described in
IC 36-7-1-3, and may involve any work or undertaking that is
performed for those purposes constituting a redevelopment project, or
any rehabilitation or conservation work, or any combination of such an
undertaking or work, such as the following:
(1) Carrying out plans for a program of voluntary or compulsory
repair and rehabilitation of buildings or other improvements.
(2) Acquisition of real property and demolition, removal, or
rehabilitation of buildings and improvements on the property
when necessary to do any of the following:
(A) Eliminate unhealthful, unsanitary, or unsafe conditions.
(B) Mitigate or eliminate environmental contamination.
(C) Lessen density.
(D) Reduce traffic hazards.
(E) Eliminate uses that are obsolete or otherwise detrimental
to the public welfare.
(F) Otherwise remove or prevent the spread of the conditions
described in IC 36-7-1-3. or
(G) Provide land for needed public facilities.
(3) Installation, construction, or reconstruction of streets, utilities,
parks, playgrounds, and other improvements necessary for
carrying out the objectives of the urban renewal project. and
(4) The disposition, for uses in accordance with the objectives of
the urban renewal project, of any property acquired in the area of
the project.
SOURCE: IC 36-7-15.1-22; (07)CC119203.45. -->
SECTION 45. IC 36-7-15.1-22, AS AMENDED BY P.L.185-2005,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 22. (a) In connection with the planning and
undertaking of an urban renewal plan or urban renewal project, the
commission and all public and private officers, agencies, and bodies
have all the rights, powers, privileges, duties, and immunities that they
have with respect to a redevelopment plan or redevelopment project,
as if all of the provisions of this chapter applicable to a redevelopment
plan or redevelopment project were applicable to an urban renewal
plan or urban renewal project.
(b) In addition to its other powers, the commission may also:
(1) make plans for carrying out a program of voluntary repair and
rehabilitation of buildings and improvements;
(2) make plans for the enforcement of laws and regulations
relating to the use of land and the use and occupancy of buildings
and improvements, and to the compulsory repair, rehabilitation,
demolition, or removal of buildings and improvements;
(3) make preliminary plans outlining urban renewal activities for
neighborhoods to embrace two (2) or more urban renewal areas;
(4) make preliminary surveys,
including environmental
assessments, to determine if the undertaking and carrying out of
an urban renewal project are feasible;
(5) make plans for the relocation of persons (including families,
business concerns, and others) displaced by an urban renewal
project;
(6) make relocation payments in accordance with eligibility
requirements of IC 8-23-17 or the Uniform Relocation Assistance
and Real Property Acquisitions Policy Act of 1970 (42 U.S.C.
4621 et seq.) to or with respect to persons (including families,
business concerns, and others) displaced by an urban renewal
project, for moving expenses and losses of property for which
reimbursement or compensation is not otherwise made, including
the making of payments financed by the federal government; and
(7) develop, test, and report methods and techniques, and carry
out demonstrations and other activities, for the prevention and the
elimination of the conditions described in IC 36-7-1-3 in urban
areas.
SOURCE: IC 36-7-15.1-23; (07)CC119203.46. -->
SECTION 46. IC 36-7-15.1-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 23. (a) Any:
(1) political subdivision; or
(2) other governmental entity;
(3) public instrumentality created by state law; or
(4) public body created by state law;
may, in the area in which it is authorized to act, do all things necessary
to aid and cooperate in the planning and undertaking of an urban
renewal project, including furnishing the financial and other assistance
that it is authorized by this chapter to furnish for or in connection with
a redevelopment plan or redevelopment project.
(b) The commission may delegate to:
(1) an executive department of the consolidated city or county; or
to
(2) another governmental entity;
(3) a public instrumentality created by state law; or
(4) a public body created by state law;
any of the powers or functions of the commission with respect to the
planning or undertaking of an urban renewal project in the area in
which that department or entity is authorized to act. The department,
or entity, public instrumentality, or public body may then carry out
or perform those powers or functions for the commission.
(c) A unit, or other another governmental entity, a public
instrumentality created by state law, or a public body created by
state law may enter into agreements with the commission or any other
entity respecting action to be taken under this chapter, including the
furnishing of funds or other assistance in connection with an urban
renewal plan or urban renewal project. These agreements may extend
over any period, notwithstanding any other law.
SOURCE: IC 36-7-15.1-41; (07)CC119203.47. -->
SECTION 47. IC 36-7-15.1-41 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 41. (a) A political
subdivision,
or other another governmental entity,
a public
instrumentality created by state law, or a public body created by
state law may, in the area in which it is authorized to act, do all things
necessary to aid and cooperate in the planning and undertaking of a
redevelopment or economic development project, including furnishing
the financial and other assistance that it is authorized by this chapter to
furnish for or in connection with a redevelopment plan or
redevelopment project.
(b) A unit,
or other another governmental entity,
a public
instrumentality created by state law, or a public body created by
state law may enter into agreements with the commission or any other
entity respecting action to be taken under this chapter, including the
furnishing of funds or other assistance in connection with a
redevelopment or economic development plan or project. These
agreements may extend over any period, notwithstanding any other
law.
SOURCE: ; (07)CC119203.48. -->
SECTION 48. [EFFECTIVE UPON PASSAGE] (a) An
underground storage tank system that contains fuel composed of
greater than fifteen percent (15%) alcohol is considered to comply
with IC 13-23-5-1(b), as added by this act, if either of the following
applies:
(1) The system predates the effective date of this act.
(2) The system predates the solid waste management board's
adoption after the effective date of this act of any additional
rules concerning technical and safety requirements for storing
and dispensing alcohol blended fuel.
(b) Replacement tanks or ancillary equipment installed in
existing underground storage tank systems storing or dispensing
alcohol blended fuels must meet the standards contained in
additional rules adopted by the solid waste management board as
described in subsection (a)(2) only if the installation occurs after
the adoption of those rules.
SOURCE: ; (07)CC119203.49. -->
SECTION 49. [EFFECTIVE UPON PASSAGE] The general
assembly having received and considered testimony concerning
possible unresolved questions about the statute of limitations that
should apply to the environmental legal action statute (IC 13-30-9),
and having determined that this matter should be carefully
considered, directs the legislative council to provide for an interim
study committee to study and make recommendations concerning
the clarification of this matter.
SOURCE: ; (07)CC119203.50. -->
SECTION 50.
An emergency is declared for this act.
(Reference is to ESB 1192 as reprinted March 27, 2007.)
Conference Committee Report
on
Engrossed House
Bill 1192
Text Box
S
igned by:
____________________________ ____________________________
Representative Hoy Senator Gard
Chairperson
____________________________ ____________________________
Representative Ulmer Senator Tallian
House Conferees Senate Conferees