IN
Indiana Senate Bill SB0272

Indiana 2022 Regular Session

Indiana Senate Bill SB0272 Compare Versions

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1+*ES0272.1*
2+February 15, 2022
3+ENGROSSED
4+SENATE BILL No. 272
5+_____
6+DIGEST OF SB 272 (Updated February 15, 2022 1:24 pm - DI 101)
7+Citations Affected: IC 5-1.2; IC 8-1; IC 20-32.
8+Synopsis: Wastewater infrastructure. Provides that the Indiana finance
9+authority (authority) shall serve as the executive branch coordinator for
10+funds allocated or made available to the state or local communities
11+from federal, state, and other sources for purposes related to drinking
12+water, wastewater, or storm water infrastructure and systems. Sets forth
13+the duties of the authority with respect to this role. Specifies that the
14+authority shall coordinate the executive branch activities related to the
15+state's drinking water and wastewater programs. (Current law provides
16+that the authority shall serve such a role with respect to the state's water
17+programs.) Authorizes the establishment of a drinking water and
18+wastewater infrastructure research and extension program (program)
19+(Continued next page)
20+Effective: Upon passage; July 1, 2022.
21+Koch, Charbonneau, Doriot, Glick,
22+Niemeyer, Qaddoura, Niezgodski,
23+Zay, Houchin, Donato, Leising,
24+Bassler, Pol Jr., Randolph Lonnie M,
25+Yoder
26+(HOUSE SPONSORS — SOLIDAY, HAMILTON)
27+January 10, 2022, read first time and referred to Committee on Utilities.
28+January 18, 2022, amended, reported favorably — Do Pass.
29+January 24, 2022, read second time, amended, ordered engrossed.
30+January 25, 2022, engrossed. Read third time, passed. Yeas 46, nays 0.
31+HOUSE ACTION
32+February 1, 2022, read first time and referred to Committee on Utilities, Energy and
33+Telecommunications.
34+February 15, 2022, amended, reported — Do Pass.
35+ES 272—LS 7160/DI 101 Digest Continued
36+to provide data collection and information, training, and technical
37+assistance concerning: (1) drinking water infrastructure; (2) wastewater
38+infrastructure; and (3) storm water infrastructure; in Indiana. Provides
39+that the authority may: (1) contract with a state supported college or
40+university in Indiana to provide the program; and (2) financially
41+support the program from existing funds appropriated to the authority.
42+Provides that the program may be housed within, or share staff with,
43+the existing research and highway extension program at Purdue
44+University. Provides that the program may provide the following
45+services and programs to, or for the benefit of, utilities providing
46+drinking water, wastewater, or storm water service in Indiana: (1)
47+Assisting utilities in the development of asset management programs.
48+(2) Serving as a central repository for data concerning infrastructure
49+used to provide drinking water, wastewater, or storm water service in
50+Indiana. (3) Providing training and technical assistance to utilities and
51+Indiana's drinking water, wastewater, and storm water utility industry
52+workforces. Requires the authority to make, not later than July 1, 2023,
53+all: (1) utility asset management programs; and (2) information
54+concerning utility asset lifecycle management costs; submitted to or
55+reviewed by the authority available on an Internet web site maintained
56+by the authority or the program. Requires that in carrying out all
57+information gathering and reporting duties under the bill's provisions,
58+the authority and the program shall use any data the authority or the
59+program acquires in a manner that: (1) protects the confidential
60+information of individual utilities and customers; and (2) is consistent
61+with applicable statutory exclusions from disclosure under the state's
62+public records act. Provides that as a condition for receiving a loan,
63+grant, or other financial assistance after June 30, 2023, through the
64+wastewater revolving loan program, the drinking water revolving loan
65+program, the water infrastructure assistance program, or the water
66+infrastructure grant program, a participant must do the following: (1)
67+Submit the participant's required asset management program to the
68+authority not later than the time of submission of the participant's
69+preliminary engineering report for any project for which the loan, grant,
70+or other financial assistance will be provided. (Current law does not
71+specify when the asset management program must be submitted.) (2)
72+Submit to the authority information on the estimated and actual life
73+cycle management costs over the useful life of the asset financed. (3)
74+In the case of a participant that is not under the jurisdiction of the
75+Indiana utility regulatory commission (IURC), regularly report to all:
76+(A) customers; (B) counties; and (C) municipalities; within the
77+participant's service territory information concerning the participant's
78+asset management program. Provides that money in the: (1)
79+supplemental drinking water and wastewater assistance fund; (2) water
80+infrastructure assistance fund; and (3) water infrastructure grant fund;
81+may be used to provide grants, loans, or other financial assistance for
82+the planning, designing, acquisition, construction, renovation,
83+improvement, or expansion of septic relief systems, in accordance with
84+guidelines of the authority. Provides that the authority's project
85+prioritization system for awarding assistance from the water
86+infrastructure assistance fund and the water infrastructure grant fund
87+must include as a variable the effect of a project on the environment.
88+Provides for the following with respect to a wastewater utility that is
89+not subject to the jurisdiction of the IURC for the approval of rates and
90+charges and that has been issued one or more enforcement orders
91+(orders) relating to environmental or health and human safety issues by
92+the department of environmental management (department) after June
93+30, 2022: (1) For the first order, the utility is subject to an informal
94+review of its: (A) rates and charges; and (B) asset management
95+program; by the IURC, in accordance with procedures determined by
96+the IURC. (2) For a second order that is issued within two years of the
97+first order, the utility is subject to rate regulation, following two base
98+(Continued next page)
99+ES 272—LS 7160/DI 101ES 272—LS 7160/DI 101 Digest Continued
100+rate cases, by the IURC for a minimum period of: (A) five years from
101+the IURC's order in the first base rate case; and (B) one year from the
102+IURC's order in the second base rate case. (3) For any order issued
103+during the required rate regulation period, the IURC may, in
104+consultation with the department, initiate a receivership proceeding
105+with respect to the utility. Requires the state board of education (state
106+board) to approve, for purposes of the state's career and technical
107+education graduation pathway, a utility career cluster that allows
108+students to acquire knowledge and skills related to employment in the
109+electric, natural gas, communications, water, and wastewater utility
110+industries. Requires the governor's workforce cabinet, in consultation
111+with the state board, the department of education, and the department
112+of workforce development, to create course sequences for the utility
113+career cluster.
114+ES 272—LS 7160/DI 101ES 272—LS 7160/DI 101 February 15, 2022
1115 Second Regular Session of the 122nd General Assembly (2022)
2116 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3117 Constitution) is being amended, the text of the existing provision will appear in this style type,
4118 additions will appear in this style type, and deletions will appear in this style type.
5119 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6120 provision adopted), the text of the new provision will appear in this style type. Also, the
7121 word NEW will appear in that style type in the introductory clause of each SECTION that adds
8122 a new provision to the Indiana Code or the Indiana Constitution.
9123 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10124 between statutes enacted by the 2021 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 272
12-AN ACT to amend the Indiana Code concerning utilities.
125+ENGROSSED
126+SENATE BILL No. 272
127+A BILL FOR AN ACT to amend the Indiana Code concerning
128+utilities.
13129 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 5-1.2-4-1, AS AMENDED BY P.L.154-2021,
15-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16-JULY 1, 2022]: Sec. 1. (a) The authority is granted all powers
17-necessary or appropriate to carry out and effectuate its public and
18-corporate purposes under the referenced statutes, including the
19-following:
20-(1) Have perpetual succession as a body politic and corporate and
21-an independent instrumentality exercising essential public
22-functions.
23-(2) Without complying with IC 4-22-2, adopt, amend, and repeal
24-bylaws, rules, guidelines, and policies not inconsistent with the
25-referenced statutes, and necessary or convenient to regulate its
26-affairs and to carry into effect the powers, duties, and purposes of
27-the authority and conduct its business under the referenced
28-statutes. These bylaws, rules, guidelines, and policies must be
29-made by a resolution of the authority introduced at one (1)
30-meeting and approved at a subsequent meeting of the authority.
31-(3) Sue and be sued in its own name.
32-(4) Have an official seal and alter it at will.
33-(5) Maintain an office or offices at a place or places within the
34-SEA 272 — Concur 2
35-state as it may designate.
36-(6) Make, execute, and enforce contracts and all other instruments
37-necessary, convenient, or desirable for the purposes of the
38-authority or pertaining to:
39-(A) a purchase, acquisition, or sale of securities or other
40-investments; or
41-(B) the performance of the authority's duties and execution of
42-any of the authority's powers under the referenced statutes.
43-(7) Employ architects, engineers, attorneys, space planners,
44-construction managers, inspectors, accountants, agriculture
45-experts, silviculture experts, aquaculture experts, health care
46-experts, and financial experts, and any other advisers, consultants,
47-and agents as may be necessary in its judgment and to fix their
48-compensation and contract for the creation of plans and
49-specifications for a facility.
50-(8) Procure insurance against any loss in connection with its
51-property and other assets, including loans and loan notes in
52-amounts and from insurers as it may consider advisable.
53-(9) Borrow money, make guaranties, issue bonds, and otherwise
54-incur indebtedness for any of the authority's purposes, and issue
55-debentures, notes, or other evidence of indebtedness, whether
56-secured or unsecured, to any person, as provided by the
57-referenced statutes. Notwithstanding any other law, the:
58-(A) issuance by the authority of any indebtedness that
59-establishes a procedure for the authority or a person acting on
60-behalf of the authority to certify to the general assembly the
61-amount needed to restore a debt service reserve fund or
62-another fund to required levels; or
63-(B) execution by the authority of any other agreement that
64-creates a moral obligation of the state to pay all or part of any
65-indebtedness issued by the authority;
66-is subject to review by the budget committee and approval by the
67-budget director.
68-(10) Procure insurance or guaranties from any public or private
69-entities, including any department, agency, or instrumentality of
70-the United States, to guarantee, insure, coinsure, and reinsure
71-against political and commercial risk of loss, and any other
72-insurance the authority considers necessary, including insurance
73-to secure payment:
74-(A) on a loan, lease, or purchase payment owed by a
75-participating provider to the authority; and
76-(B) of any bonds issued by the authority, including the power
77-SEA 272 — Concur 3
78-to pay premiums on any insurance, reinsurance, or guarantee.
79-(11) Purchase, receive, take by grant, gift, devise, bequest, or
80-otherwise, and accept, from any source, aid or contributions of
81-money, property, labor, or other things of value to be held, used,
82-and applied to carry out the purposes of the referenced statutes,
83-subject to the conditions upon which the grants or contributions
84-are made, including but not limited to gifts or grants from any
85-department, agency, or instrumentality of the United States, and
86-lease (as lessee or lessor) or otherwise acquire, own, hold,
87-improve, employ, use, or otherwise deal in and with real or
88-personal property or any interest in real or personal property,
89-wherever situated, for any purpose consistent with the referenced
90-statutes.
91-(12) Enter into agreements with any department, agency, or
92-instrumentality of the United States or this state and with lenders
93-and enter into loan agreements, sales contracts, financial
94-assistance agreements, and leases with contracting parties,
95-including participants for any purpose allowed under IC 5-1.2-10,
96-IC 5-1.2-11, IC 5-1.2-14, or IC 5-1.2-14.5, borrowers, lenders,
97-developers, or users, for the purpose of planning, regulating, and
98-providing for the financing and refinancing of any economic
99-development project, for any purpose allowed under IC 5-1.2-10,
100-IC 5-1.2-11, IC 5-1.2-14, or IC 5-1.2-14.5, or intrastate and
101-interstate sales, transactions and business activities or
102-international exports, and distribute data and information
103-concerning the encouragement and improvement of economic
104-development projects, intrastate and interstate sales, transactions
105-and business activities, international exports, and other types of
106-employment in the state undertaken with the assistance of the
107-authority under this article.
108-(13) Enter into contracts or agreements with lenders and lessors
109-for the servicing and processing of loans and leases pursuant to
110-the referenced statutes.
111-(14) Provide technical assistance to local public bodies and to for
112-profit and nonprofit entities in the development or operation of
113-economic development projects.
114-(15) To the extent allowed under its contract with the holders of
115-the bonds of the authority, consent to any modification with
116-respect to the rate of interest, time, and payment of any
117-installment of principal or interest, or any other term of any
118-contract, loan, loan note, loan note commitment, contract, lease,
119-or agreement of any kind to which the authority is a party.
120-SEA 272 — Concur 4
121-(16) To the extent allowed under its contract with the holders of
122-bonds of the authority, enter into contracts with any lender
123-containing provisions enabling it to reduce the rental or carrying
124-charges to persons unable to pay the regular schedule of charges
125-when, by reason of other income or payment by any department,
126-agency, or instrumentality of the United States or of this state, the
127-reduction can be made without jeopardizing the economic
128-stability of the economic development project being financed.
129-(17) Notwithstanding IC 5-13, but subject to the requirements of
130-any trust agreement entered into by the authority, invest:
131-(A) the authority's money, funds, and accounts;
132-(B) any money, funds, and accounts in the authority's custody;
133-and
134-(C) proceeds of bonds or notes;
135-in the manner provided by an investment policy established by
136-resolution of the authority.
137-(18) Fix and revise periodically, and charge and collect, fees and
138-charges as the authority determines to be reasonable in connection
139-with:
140-(A) the authority's loans, guarantees, advances, insurance,
141-commitments, and servicing; and
142-(B) the use of the authority's services or facilities.
143-(19) Cooperate and exchange services, personnel, and information
144-with any federal, state, or local government agency, or
145-instrumentality of the United States or this state.
146-(20) Sell, at public or private sale, with or without public bidding,
147-any loan or other obligation held by the authority.
148-(21) Enter into agreements concerning, and acquire, hold, and
149-dispose of by any lawful means, land or interests in land, building
150-improvements, structures, personal property, franchises, patents,
151-accounts receivable, loans, assignments, guarantees, and
152-insurance needed for the purposes of the referenced statutes.
153-(22) Purchase, lease as lessee, construct, remodel, rebuild,
154-enlarge, or substantially improve economic development projects,
155-including land, machinery, equipment, or any combination of
156-these.
157-(23) Lease economic development projects to users or developers,
158-with or without an option to purchase.
159-(24) Sell economic development projects to users or developers,
160-for consideration to be paid in installments or otherwise.
161-(25) Make direct loans from the proceeds of the bonds to users or
162-developers for:
163-SEA 272 — Concur 5
164-(A) the cost of acquisition, construction, or installation of
165-economic development projects, including land, machinery,
166-equipment, or any combination of these; or
167-(B) eligible expenditures for an educational facility project;
168-with the loans to be secured by the pledge of one (1) or more
169-bonds, notes, warrants, or other secured or unsecured debt
170-obligations of the users or developers.
171-(26) Lend or deposit the proceeds of bonds to or with a lender for
172-the purpose of furnishing funds to the lender to be used for
173-making a loan to a developer or user for the financing of
174-economic development projects under this article.
175-(27) Enter into agreements with users or developers to allow the
176-users or developers, directly or as agents for the authority, to
177-wholly or partially construct economic development projects to be
178-leased from or to be acquired by the authority.
179-(28) Establish reserves from the proceeds of the sale of bonds,
180-other funds, or both, in the amount determined to be necessary by
181-the authority to secure the payment of the principal of and interest
182-on the bonds.
183-(29) Adopt rules and guidelines governing its activities authorized
184-under the referenced statutes.
185-(30) Purchase, discount, sell, and negotiate, with or without
186-guaranty, notes and other evidence of indebtedness.
187-(31) Sell and guarantee securities.
188-(32) Procure letters of credit or other credit facilities or
189-agreements from any national or state banking association or
190-other entity authorized to issue a letter of credit or other credit
191-facilities or agreements to secure the payment of any bonds issued
192-by the authority or to secure the payment of any loan, lease, or
193-purchase payment owed by a participating provider to the
194-authority, including the power to pay the cost of obtaining such
195-letter of credit or other credit facilities or agreements.
196-(33) Accept gifts, grants, or loans from, and enter into contracts
197-or other transactions with, any federal or state agency,
198-municipality, private organization, or other source.
199-(34) Sell, convey, mortgage, pledge, assign, lease, exchange,
200-transfer, or otherwise dispose of property or any interest in
201-property, wherever the property is located.
202-(35) Reimburse from bond proceeds expenditures for economic
203-development projects under this article.
204-(36) Acquire, hold, use, and dispose of the authority's income,
205-revenues, funds, and money.
206-SEA 272 — Concur 6
207-(37) Purchase, acquire, or hold debt securities or other
208-investments for the authority's own account at prices and in a
209-manner the authority considers advisable, and sell or otherwise
210-dispose of those securities or investments at prices without
211-relation to cost and in a manner the authority considers advisable.
212-(38) Fix and establish terms and provisions with respect to:
213-(A) a purchase of securities by the authority, including dates
214-and maturities of the securities;
215-(B) redemption or payment before maturity; and
216-(C) any other matters that in connection with the purchase are
217-necessary, desirable, or advisable in the judgment of the
218-authority.
219-(39) To the extent allowed under the authority's contracts with the
220-holders of bonds or notes, amend, modify, and supplement any
221-provision or term of:
222-(A) a bond, a note, or any other obligation of the authority; or
223-(B) any agreement or contract of any kind to which the
224-authority is a party.
225-(40) Subject to the authority's investment policy, do any act and
226-enter into any agreement pertaining to a swap agreement (as
227-defined in IC 8-9.5-9-4) related to the purposes of the referenced
228-statutes in accordance with IC 8-9.5-9-5 and IC 8-9.5-9-7,
229-whether the action is incidental to the issuance, carrying, or
230-securing of bonds or otherwise.
231-(41) Do any act necessary or convenient to the exercise of the
232-powers granted by the referenced statutes, or reasonably implied
233-from those statutes, including compliance with requirements of
234-federal law imposed from time to time for the issuance of bonds.
235-(42) Contract and collaborate with a state supported college
236-or university to provide the research and extension program
237-authorized by IC 5-1.2-11.5-10.
238-(43) Serve as the executive branch coordinator for funding
239-allocated or made available to the state or local communities
240-from federal, state, and other sources for purposes related to
241-drinking water, wastewater, or storm water infrastructure
242-and systems, as set forth in IC 5-1.2-11.5-9(a)(2).
243-(b) The authority's powers under this article shall be interpreted
244-broadly to effectuate the purposes of this article and may not be
245-construed as a limitation of powers. The omission of a power from the
246-list in subsection (a) does not imply that the authority lacks that power.
247-The authority may exercise any power that is not listed in subsection
248-(a) but is consistent with the powers listed in subsection (a) to the
249-SEA 272 — Concur 7
250-extent that the power is not expressly denied by the Constitution of the
251-State of Indiana or by another statute.
252-(c) This chapter does not authorize the financing of economic
253-development projects for a developer unless any written agreement that
254-may exist between the developer and the user at the time of the bond
255-resolution is fully disclosed to and approved by the authority.
256-(d) The authority shall work with and assist the Indiana housing and
257-community development authority created by IC 5-20-1-3, the ports of
258-Indiana created under IC 8-10-1-3, and the state fair commission
259-established by IC 15-13-2-1 in the issuance of bonds, notes, or other
260-indebtedness. The Indiana housing and community development
261-authority, the ports of Indiana, and the state fair commission shall work
262-with and cooperate with the authority in connection with the issuance
263-of bonds, notes, or other indebtedness.
264-SECTION 2. IC 5-1.2-10-16, AS ADDED BY P.L.189-2018,
130+1 SECTION 1. IC 5-1.2-4-1, AS AMENDED BY P.L.154-2021,
131+2 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
132+3 JULY 1, 2022]: Sec. 1. (a) The authority is granted all powers
133+4 necessary or appropriate to carry out and effectuate its public and
134+5 corporate purposes under the referenced statutes, including the
135+6 following:
136+7 (1) Have perpetual succession as a body politic and corporate and
137+8 an independent instrumentality exercising essential public
138+9 functions.
139+10 (2) Without complying with IC 4-22-2, adopt, amend, and repeal
140+11 bylaws, rules, guidelines, and policies not inconsistent with the
141+12 referenced statutes, and necessary or convenient to regulate its
142+13 affairs and to carry into effect the powers, duties, and purposes of
143+14 the authority and conduct its business under the referenced
144+15 statutes. These bylaws, rules, guidelines, and policies must be
145+ES 272—LS 7160/DI 101 2
146+1 made by a resolution of the authority introduced at one (1)
147+2 meeting and approved at a subsequent meeting of the authority.
148+3 (3) Sue and be sued in its own name.
149+4 (4) Have an official seal and alter it at will.
150+5 (5) Maintain an office or offices at a place or places within the
151+6 state as it may designate.
152+7 (6) Make, execute, and enforce contracts and all other instruments
153+8 necessary, convenient, or desirable for the purposes of the
154+9 authority or pertaining to:
155+10 (A) a purchase, acquisition, or sale of securities or other
156+11 investments; or
157+12 (B) the performance of the authority's duties and execution of
158+13 any of the authority's powers under the referenced statutes.
159+14 (7) Employ architects, engineers, attorneys, space planners,
160+15 construction managers, inspectors, accountants, agriculture
161+16 experts, silviculture experts, aquaculture experts, health care
162+17 experts, and financial experts, and any other advisers, consultants,
163+18 and agents as may be necessary in its judgment and to fix their
164+19 compensation and contract for the creation of plans and
165+20 specifications for a facility.
166+21 (8) Procure insurance against any loss in connection with its
167+22 property and other assets, including loans and loan notes in
168+23 amounts and from insurers as it may consider advisable.
169+24 (9) Borrow money, make guaranties, issue bonds, and otherwise
170+25 incur indebtedness for any of the authority's purposes, and issue
171+26 debentures, notes, or other evidence of indebtedness, whether
172+27 secured or unsecured, to any person, as provided by the
173+28 referenced statutes. Notwithstanding any other law, the:
174+29 (A) issuance by the authority of any indebtedness that
175+30 establishes a procedure for the authority or a person acting on
176+31 behalf of the authority to certify to the general assembly the
177+32 amount needed to restore a debt service reserve fund or
178+33 another fund to required levels; or
179+34 (B) execution by the authority of any other agreement that
180+35 creates a moral obligation of the state to pay all or part of any
181+36 indebtedness issued by the authority;
182+37 is subject to review by the budget committee and approval by the
183+38 budget director.
184+39 (10) Procure insurance or guaranties from any public or private
185+40 entities, including any department, agency, or instrumentality of
186+41 the United States, to guarantee, insure, coinsure, and reinsure
187+42 against political and commercial risk of loss, and any other
188+ES 272—LS 7160/DI 101 3
189+1 insurance the authority considers necessary, including insurance
190+2 to secure payment:
191+3 (A) on a loan, lease, or purchase payment owed by a
192+4 participating provider to the authority; and
193+5 (B) of any bonds issued by the authority, including the power
194+6 to pay premiums on any insurance, reinsurance, or guarantee.
195+7 (11) Purchase, receive, take by grant, gift, devise, bequest, or
196+8 otherwise, and accept, from any source, aid or contributions of
197+9 money, property, labor, or other things of value to be held, used,
198+10 and applied to carry out the purposes of the referenced statutes,
199+11 subject to the conditions upon which the grants or contributions
200+12 are made, including but not limited to gifts or grants from any
201+13 department, agency, or instrumentality of the United States, and
202+14 lease (as lessee or lessor) or otherwise acquire, own, hold,
203+15 improve, employ, use, or otherwise deal in and with real or
204+16 personal property or any interest in real or personal property,
205+17 wherever situated, for any purpose consistent with the referenced
206+18 statutes.
207+19 (12) Enter into agreements with any department, agency, or
208+20 instrumentality of the United States or this state and with lenders
209+21 and enter into loan agreements, sales contracts, financial
210+22 assistance agreements, and leases with contracting parties,
211+23 including participants for any purpose allowed under IC 5-1.2-10,
212+24 IC 5-1.2-11, IC 5-1.2-14, or IC 5-1.2-14.5, borrowers, lenders,
213+25 developers, or users, for the purpose of planning, regulating, and
214+26 providing for the financing and refinancing of any economic
215+27 development project, for any purpose allowed under IC 5-1.2-10,
216+28 IC 5-1.2-11, IC 5-1.2-14, or IC 5-1.2-14.5, or intrastate and
217+29 interstate sales, transactions and business activities or
218+30 international exports, and distribute data and information
219+31 concerning the encouragement and improvement of economic
220+32 development projects, intrastate and interstate sales, transactions
221+33 and business activities, international exports, and other types of
222+34 employment in the state undertaken with the assistance of the
223+35 authority under this article.
224+36 (13) Enter into contracts or agreements with lenders and lessors
225+37 for the servicing and processing of loans and leases pursuant to
226+38 the referenced statutes.
227+39 (14) Provide technical assistance to local public bodies and to for
228+40 profit and nonprofit entities in the development or operation of
229+41 economic development projects.
230+42 (15) To the extent allowed under its contract with the holders of
231+ES 272—LS 7160/DI 101 4
232+1 the bonds of the authority, consent to any modification with
233+2 respect to the rate of interest, time, and payment of any
234+3 installment of principal or interest, or any other term of any
235+4 contract, loan, loan note, loan note commitment, contract, lease,
236+5 or agreement of any kind to which the authority is a party.
237+6 (16) To the extent allowed under its contract with the holders of
238+7 bonds of the authority, enter into contracts with any lender
239+8 containing provisions enabling it to reduce the rental or carrying
240+9 charges to persons unable to pay the regular schedule of charges
241+10 when, by reason of other income or payment by any department,
242+11 agency, or instrumentality of the United States or of this state, the
243+12 reduction can be made without jeopardizing the economic
244+13 stability of the economic development project being financed.
245+14 (17) Notwithstanding IC 5-13, but subject to the requirements of
246+15 any trust agreement entered into by the authority, invest:
247+16 (A) the authority's money, funds, and accounts;
248+17 (B) any money, funds, and accounts in the authority's custody;
249+18 and
250+19 (C) proceeds of bonds or notes;
251+20 in the manner provided by an investment policy established by
252+21 resolution of the authority.
253+22 (18) Fix and revise periodically, and charge and collect, fees and
254+23 charges as the authority determines to be reasonable in connection
255+24 with:
256+25 (A) the authority's loans, guarantees, advances, insurance,
257+26 commitments, and servicing; and
258+27 (B) the use of the authority's services or facilities.
259+28 (19) Cooperate and exchange services, personnel, and information
260+29 with any federal, state, or local government agency, or
261+30 instrumentality of the United States or this state.
262+31 (20) Sell, at public or private sale, with or without public bidding,
263+32 any loan or other obligation held by the authority.
264+33 (21) Enter into agreements concerning, and acquire, hold, and
265+34 dispose of by any lawful means, land or interests in land, building
266+35 improvements, structures, personal property, franchises, patents,
267+36 accounts receivable, loans, assignments, guarantees, and
268+37 insurance needed for the purposes of the referenced statutes.
269+38 (22) Purchase, lease as lessee, construct, remodel, rebuild,
270+39 enlarge, or substantially improve economic development projects,
271+40 including land, machinery, equipment, or any combination of
272+41 these.
273+42 (23) Lease economic development projects to users or developers,
274+ES 272—LS 7160/DI 101 5
275+1 with or without an option to purchase.
276+2 (24) Sell economic development projects to users or developers,
277+3 for consideration to be paid in installments or otherwise.
278+4 (25) Make direct loans from the proceeds of the bonds to users or
279+5 developers for:
280+6 (A) the cost of acquisition, construction, or installation of
281+7 economic development projects, including land, machinery,
282+8 equipment, or any combination of these; or
283+9 (B) eligible expenditures for an educational facility project;
284+10 with the loans to be secured by the pledge of one (1) or more
285+11 bonds, notes, warrants, or other secured or unsecured debt
286+12 obligations of the users or developers.
287+13 (26) Lend or deposit the proceeds of bonds to or with a lender for
288+14 the purpose of furnishing funds to the lender to be used for
289+15 making a loan to a developer or user for the financing of
290+16 economic development projects under this article.
291+17 (27) Enter into agreements with users or developers to allow the
292+18 users or developers, directly or as agents for the authority, to
293+19 wholly or partially construct economic development projects to be
294+20 leased from or to be acquired by the authority.
295+21 (28) Establish reserves from the proceeds of the sale of bonds,
296+22 other funds, or both, in the amount determined to be necessary by
297+23 the authority to secure the payment of the principal of and interest
298+24 on the bonds.
299+25 (29) Adopt rules and guidelines governing its activities authorized
300+26 under the referenced statutes.
301+27 (30) Purchase, discount, sell, and negotiate, with or without
302+28 guaranty, notes and other evidence of indebtedness.
303+29 (31) Sell and guarantee securities.
304+30 (32) Procure letters of credit or other credit facilities or
305+31 agreements from any national or state banking association or
306+32 other entity authorized to issue a letter of credit or other credit
307+33 facilities or agreements to secure the payment of any bonds issued
308+34 by the authority or to secure the payment of any loan, lease, or
309+35 purchase payment owed by a participating provider to the
310+36 authority, including the power to pay the cost of obtaining such
311+37 letter of credit or other credit facilities or agreements.
312+38 (33) Accept gifts, grants, or loans from, and enter into contracts
313+39 or other transactions with, any federal or state agency,
314+40 municipality, private organization, or other source.
315+41 (34) Sell, convey, mortgage, pledge, assign, lease, exchange,
316+42 transfer, or otherwise dispose of property or any interest in
317+ES 272—LS 7160/DI 101 6
318+1 property, wherever the property is located.
319+2 (35) Reimburse from bond proceeds expenditures for economic
320+3 development projects under this article.
321+4 (36) Acquire, hold, use, and dispose of the authority's income,
322+5 revenues, funds, and money.
323+6 (37) Purchase, acquire, or hold debt securities or other
324+7 investments for the authority's own account at prices and in a
325+8 manner the authority considers advisable, and sell or otherwise
326+9 dispose of those securities or investments at prices without
327+10 relation to cost and in a manner the authority considers advisable.
328+11 (38) Fix and establish terms and provisions with respect to:
329+12 (A) a purchase of securities by the authority, including dates
330+13 and maturities of the securities;
331+14 (B) redemption or payment before maturity; and
332+15 (C) any other matters that in connection with the purchase are
333+16 necessary, desirable, or advisable in the judgment of the
334+17 authority.
335+18 (39) To the extent allowed under the authority's contracts with the
336+19 holders of bonds or notes, amend, modify, and supplement any
337+20 provision or term of:
338+21 (A) a bond, a note, or any other obligation of the authority; or
339+22 (B) any agreement or contract of any kind to which the
340+23 authority is a party.
341+24 (40) Subject to the authority's investment policy, do any act and
342+25 enter into any agreement pertaining to a swap agreement (as
343+26 defined in IC 8-9.5-9-4) related to the purposes of the referenced
344+27 statutes in accordance with IC 8-9.5-9-5 and IC 8-9.5-9-7,
345+28 whether the action is incidental to the issuance, carrying, or
346+29 securing of bonds or otherwise.
347+30 (41) Do any act necessary or convenient to the exercise of the
348+31 powers granted by the referenced statutes, or reasonably implied
349+32 from those statutes, including compliance with requirements of
350+33 federal law imposed from time to time for the issuance of bonds.
351+34 (42) Contract and collaborate with a state supported college
352+35 or university to provide the research and extension program
353+36 authorized by IC 5-1.2-11.5-10.
354+37 (43) Serve as the executive branch coordinator for funding
355+38 allocated or made available to the state or local communities
356+39 from federal, state, and other sources for purposes related to
357+40 drinking water, wastewater, or storm water infrastructure
358+41 and systems, as set forth in IC 5-1.2-11.5-9(a)(2).
359+42 (b) The authority's powers under this article shall be interpreted
360+ES 272—LS 7160/DI 101 7
361+1 broadly to effectuate the purposes of this article and may not be
362+2 construed as a limitation of powers. The omission of a power from the
363+3 list in subsection (a) does not imply that the authority lacks that power.
364+4 The authority may exercise any power that is not listed in subsection
365+5 (a) but is consistent with the powers listed in subsection (a) to the
366+6 extent that the power is not expressly denied by the Constitution of the
367+7 State of Indiana or by another statute.
368+8 (c) This chapter does not authorize the financing of economic
369+9 development projects for a developer unless any written agreement that
370+10 may exist between the developer and the user at the time of the bond
371+11 resolution is fully disclosed to and approved by the authority.
372+12 (d) The authority shall work with and assist the Indiana housing and
373+13 community development authority created by IC 5-20-1-3, the ports of
374+14 Indiana created under IC 8-10-1-3, and the state fair commission
375+15 established by IC 15-13-2-1 in the issuance of bonds, notes, or other
376+16 indebtedness. The Indiana housing and community development
377+17 authority, the ports of Indiana, and the state fair commission shall work
378+18 with and cooperate with the authority in connection with the issuance
379+19 of bonds, notes, or other indebtedness.
380+20 SECTION 2. IC 5-1.2-10-16, AS ADDED BY P.L.189-2018,
381+21 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
382+22 JULY 1, 2022]: Sec. 16. (a) A loan or other financial assistance from
383+23 either fund must be accompanied by the following:
384+24 (1) All papers and opinions required by the authority.
385+25 (2) Unless otherwise provided by the guidelines of the authority,
386+26 the following:
387+27 (A) An approving opinion of nationally recognized bond
388+28 counsel.
389+29 (B) A certification and guarantee of signatures.
390+30 (C) A certification that, as of the date of the loan or other
391+31 financial assistance:
392+32 (i) no litigation is pending challenging the validity of or
393+33 entry into the loan or other financial assistance or any
394+34 security for the loan or other financial assistance; or
395+35 (ii) if litigation is pending, the litigation will not have a
396+36 material adverse effect on the validity of the loan or other
397+37 financial assistance or any security for the loan or other
398+38 financial assistance.
399+39 (D) If litigation is pending, as an alternative to the certification
400+40 described in clause (C), an opinion of legal counsel that the
401+41 litigation will not have a material adverse effect on the validity
402+42 of the loan or other financial assistance.
403+ES 272—LS 7160/DI 101 8
404+1 (E) Documentation demonstrating that the participant has the
405+2 financial, managerial, technical, and legal capability of
406+3 operating and maintaining its water or wastewater collection
407+4 and treatment system.
408+5 (b) Each participant
409+6 (1) to which, or
410+7 (2) for the benefit of which:
411+8 (1) a loan, would be made grant, or the other financial assistance
412+9 would be provided under this chapter is awarded before July 1,
413+10 2023, must demonstrate that it has developed or is in the process
414+11 of developing an asset management program, as defined in the
415+12 guidelines of the authority; or
416+13 (2) a loan, grant, or other financial assistance is awarded after
417+14 June 30, 2023:
418+15 (A) must demonstrate that it has developed:
419+16 (i) an asset management program, as defined in the
420+17 guidelines of the authority; and
421+18 (ii) an estimate of the life cycle management costs, as
422+19 defined in the guidelines of the authority, that will be
423+20 incurred over the useful life of the asset to be financed
424+21 with the loan, grant, or other financial assistance;
425+22 not later than the time of submission of the participant's
426+23 preliminary engineering report for any project for which
427+24 the loan, grant, or other financial assistance would be
428+25 provided;
429+26 (B) must report to the authority on an ongoing basis, at
430+27 such times as the authority shall prescribe, the actual life
431+28 cycle management costs incurred by the participant over
432+29 the useful life of the asset; and
433+30 (C) in the case of a participant that is not under the
434+31 jurisdiction of the Indiana utility regulatory commission,
435+32 must regularly report, at such times and in such manner as
436+33 the authority shall prescribe, to all:
437+34 (i) customers;
438+35 (ii) counties; and
439+36 (iii) municipalities;
440+37 within the participant's service territory such information
441+38 concerning the participant's asset management program
442+39 and utility asset life cycle management costs as the
443+40 authority may require.
444+41 SECTION 3. IC 5-1.2-11-6, AS ADDED BY P.L.189-2018,
445+42 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
446+ES 272—LS 7160/DI 101 9
447+1 JULY 1, 2022]: Sec. 6. Money in the supplemental fund may be used
448+2 to do the following:
449+3 (1) Provide grants, loans, or other financial assistance to or for the
450+4 benefit of participants for the planning, designing, acquisition,
451+5 construction, renovation, improvement, or expansion of the
452+6 following:
453+7 (A) A public water system, whether or not those other
454+8 activities are allowed by the federal Clean Water Act or the
455+9 federal Safe Drinking Water Act.
456+10 (B) A wastewater or storm water collection and treatment
457+11 system.
458+12 The money may be used to pay for other activities necessary or
459+13 convenient to complete these tasks, regardless of whether those
460+14 other activities are allowed by the federal Clean Water Act or the
461+15 federal Safe Drinking Water Act.
462+16 (2) Provide grants, loans, or other financial assistance to political
463+17 subdivisions for tasks associated with the development and
464+18 preparation of:
465+19 (A) long term control plans;
466+20 (B) use attainability analyses; and
467+21 (C) storm water management programs.
468+22 (3) Provide grants, loans, or other financial assistance to or
469+23 for the benefit of participants for the planning, designing,
470+24 acquisition, construction, renovation, improvement, or
471+25 expansion of septic relief systems in accordance with
472+26 guidelines of the authority.
473+27 (3) (4) Provide interest subsidies.
474+28 (4) (5) Establish guaranties, reserves, or sinking funds, including
475+29 guaranties, reserves, or sinking funds to secure and pay, in whole
476+30 or in part, loans or other financial assistance made from sources
477+31 other than the supplemental fund (including financial institutions)
478+32 for a purpose allowed by subdivision (1).
479+33 (5) (6) Pay financing charges, including interest on the loan or
480+34 other financial assistance during construction and for a reasonable
481+35 period after the completion of construction.
482+36 (6) (7) Pay the cost of administering the supplemental fund and
483+37 the supplemental program.
484+38 (7) (8) Conduct all other activities that are allowed by the federal
485+39 Clean Water Act or the federal Safe Drinking Water Act.
486+40 SECTION 4. IC 5-1.2-11.5-9, AS ADDED BY P.L.15-2019,
487+41 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
488+42 JULY 1, 2022]: Sec. 9. (a) The authority shall coordinate the executive
489+ES 272—LS 7160/DI 101 10
490+1 branch activities related to the state's drinking water and wastewater
491+2 programs. The authority's duties under this section include the
492+3 following:
493+4 (1) Serving as the executive branch coordinator of drinking water
494+5 and wastewater related programs and activities of the state.
495+6 (2) Serving as the executive branch coordinator for funding
496+7 allocated or made available to the state or local communities
497+8 from federal, state, and other sources for purposes related to
498+9 drinking water, wastewater, or storm water infrastructure
499+10 and systems. The authority's duties under this subdivision
500+11 include:
501+12 (A) communicating with utilities, local communities, and
502+13 state agencies about the availability of funds;
503+14 (B) vetting proposals for, and potential recipients of,
504+15 available funds; and
505+16 (C) directing available funds to and among utilities, local
506+17 communities, and state agencies;
507+18 as appropriate.
508+19 (2) (3) Advising state agencies and political subdivisions, and
509+20 coordinating their activities, regarding best practices concerning
510+21 the best use of funding streams and incentives in the manner most
511+22 likely to achieve comprehensive drinking water and wastewater
512+23 related data collection and regional collaboration in drinking
513+24 water and wastewater service.
514+25 (3) (4) Promoting and coordinating the collection and sharing of
515+26 information throughout Indiana concerning drinking water and
516+27 wastewater service.
517+28 (4) (5) Providing leadership regarding investment, affordability,
518+29 supply, and economic development related to drinking water and
519+30 wastewater service.
520+31 (b) All instrumentalities, agencies, authorities, boards, and
521+32 commissions of the state, including the management performance hub
522+33 established by IC 4-3-26, shall cooperate with and provide assistance
523+34 to the authority in carrying out the authority's duties under this section.
524+35 (c) In carrying out the authority's duties under subsection (a)(3)
525+36 and (a)(4), the authority may consult and collaborate with, and
526+37 draw on the technical expertise of, the drinking water and
527+38 wastewater infrastructure research and extension program
528+39 authorized by section 10 of this chapter, as appropriate.
529+40 (c) (d) In carrying out the authority's duties under this section, the
530+41 authority shall use any data the authority acquires in a manner that:
531+42 (1) protects the confidential information of individual drinking
532+ES 272—LS 7160/DI 101 11
533+1 water utilities, wastewater utilities, and their customers; and
534+2 (2) is consistent with IC 5-14-3-4.
535+3 SECTION 5. IC 5-1.2-11.5-10 IS ADDED TO THE INDIANA
536+4 CODE AS A NEW SECTION TO READ AS FOLLOWS
537+5 [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) As used in this section,
538+6 "program" refers to the drinking water and wastewater
539+7 infrastructure research and extension program authorized by
540+8 subsection (c).
541+9 (b) As used in this section, "utility" means any of the following
542+10 that provides drinking water, wastewater, or storm water service
543+11 in Indiana:
544+12 (1) A public utility (as defined in IC 8-1-2-1(a)).
545+13 (2) A municipally owned utility (as defined in IC 8-1-2-1(h)).
546+14 (3) A not-for-profit utility (as defined in IC 8-1-2-125(a)).
547+15 (4) A cooperatively owned corporation.
548+16 (5) A conservancy district established under IC 14-33.
549+17 (6) A regional sewer district established under IC 13-26.
550+18 (7) A department of storm water management under
551+19 IC 8-1.5-5.
552+20 (c) A drinking water and wastewater infrastructure research
553+21 and extension program may be established to provide data
554+22 collection and information, training, and technical assistance
555+23 concerning:
556+24 (1) drinking water infrastructure;
557+25 (2) wastewater infrastructure; and
558+26 (3) storm water infrastructure;
559+27 in Indiana, including assistance with infrastructure and system
560+28 design, construction, operation, maintenance, financial
561+29 management, and administration.
562+30 (d) The authority may contract with a state supported college or
563+31 university in Indiana to provide the program. The program:
564+32 (1) must be overseen by a director and include such staff as
565+33 mutually agreed upon by the authority and the college or
566+34 university; and
567+35 (2) may be housed within, or share staff with, the research
568+36 and highway extension program established by IC 8-17-7, as
569+37 may be mutually agreed upon by the authority and the college
570+38 or university.
571+39 The authority may financially support the program from existing
572+40 funds appropriated to the authority.
573+41 (e) The program may provide the following services and
574+42 programs to, or for the benefit of, utilities that provide drinking
575+ES 272—LS 7160/DI 101 12
576+1 water, wastewater, or storm water service in Indiana:
577+2 (1) Assisting utilities in the development of asset management
578+3 programs by:
579+4 (A) providing educational and technical assistance
580+5 concerning the principles, benefits, requirements, and
581+6 implementation of a successful asset management
582+7 program; and
583+8 (B) reviewing the asset management programs of utilities
584+9 and offering advice in cases in which information or
585+10 essential components may be missing or lacking.
586+11 (2) Serving as a central repository for data concerning the
587+12 location and condition of, and populations served by, drinking
588+13 water infrastructure, wastewater infrastructure, and storm
589+14 water infrastructure throughout Indiana, by:
590+15 (A) collecting:
591+16 (i) data from utilities, local units, and state agencies; or
592+17 (ii) field data;
593+18 (B) compiling and organizing the data collected; and
594+19 (C) subject to subsection (g), making the data available in
595+20 an electronic format specified by the authority on an
596+21 Internet web site maintained by:
597+22 (i) the authority; or
598+23 (ii) the program.
599+24 (3) Providing training and technical assistance to utilities by:
600+25 (A) offering, participating in, or sponsoring statewide or
601+26 local conferences and workshops on topics related to the
602+27 design, construction, operation, maintenance, and
603+28 administration of utilities' infrastructure and systems; and
604+29 (B) making available or providing information on
605+30 professional development opportunities for Indiana's
606+31 drinking water, wastewater, and storm water utility
607+32 industry workforces.
608+33 (f) Subject to subsection (g), not later than July 1, 2023, the
609+34 authority shall make information concerning all:
610+35 (1) utility asset management programs; and
611+36 (2) utility asset lifecycle management costs;
612+37 submitted to or reviewed by the authority under this article
613+38 available in an electronic format specified by the authority on an
614+39 Internet web site maintained by the authority or the program.
615+40 (g) In carrying out the duties set forth in subsections (e)(2) and
616+41 (f), the authority and, if applicable, the program shall use any data
617+42 the authority or the program acquires in a manner that:
618+ES 272—LS 7160/DI 101 13
619+1 (1) protects the confidential information of individual utilities
620+2 and customers; and
621+3 (2) is consistent with IC 5-14-3-4.
622+4 SECTION 6. IC 5-1.2-14-4, AS AMENDED BY P.L.56-2019,
623+5 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
624+6 JULY 1, 2022]: Sec. 4. (a) Money in the water infrastructure assistance
625+7 fund may be used to do the following:
626+8 (1) Provide grants, loans, and other financial assistance to or for
627+9 the benefit of participants for:
628+10 (A) the planning, designing, acquisition, construction,
629+11 renovation, improvement, or expansion of public water
630+12 systems; and
631+13 (B) other activities necessary or convenient to complete the
632+14 tasks referred to in clause (A) whether or not the other
633+15 activities are permitted by the federal Clean Water Act or the
634+16 federal Safe Drinking Water Act.
635+17 (2) Provide grants, loans, or other financial assistance to or for the
636+18 benefit of participants for:
637+19 (A) the planning, designing, acquisition, construction,
638+20 renovation, improvement, or expansion of wastewater or storm
639+21 water collection and treatment systems; and
640+22 (B) other activities necessary or convenient to complete the
641+23 tasks referred to in clause (A) whether or not the other
642+24 activities are permitted by the federal Clean Water Act or the
643+25 federal Safe Drinking Water Act.
644+26 (3) Provide grants, loans, or other financial assistance to or
645+27 for the benefit of participants for the planning, designing,
646+28 acquisition, construction, renovation, improvement, or
647+29 expansion of septic relief systems in accordance with
648+30 guidelines of the authority.
649+31 (3) (4) Provide grants to political subdivisions for tasks associated
650+32 with the development and preparation of:
651+33 (A) long term control plans;
652+34 (B) use attainability analyses; and
653+35 (C) storm water management programs.
654+36 (4) (5) Undertake tasks associated with the development and
655+37 preparation of water, wastewater, and storm water infrastructure
656+38 and resource analyses.
657+39 (5) (6) Conduct all other activities that are permitted by the
658+40 federal Clean Water Act or the federal Safe Drinking Water Act.
659+41 (b) The authority may make loans or provide other financial
660+42 assistance from the water infrastructure assistance fund to or for the
661+ES 272—LS 7160/DI 101 14
662+1 benefit of a participant to do any of the following:
663+2 (1) Establish guaranties, reserves, or sinking funds, including
664+3 guaranties, reserves, or sinking funds to secure and pay, in whole
665+4 or in part, loans or other financial assistance made from sources
666+5 other than the fund (including financial institutions) for a purpose
667+6 permitted by this chapter.
668+7 (2) Provide interest subsidies.
669+8 (3) Pay financing charges, including interest on the loan or other
670+9 financial assistance:
671+10 (A) during design and construction of a water or wastewater
672+11 infrastructure project based upon a viable financial plan; and
673+12 (B) for a reasonable period after the completion of
674+13 construction.
675+14 SECTION 7. IC 5-1.2-14-8, AS AMENDED BY P.L.56-2019,
676+15 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
677+16 JULY 1, 2022]: Sec. 8. (a) To receive a loan, grant, or other financial
678+17 assistance from the water infrastructure assistance fund, a participant:
679+18 (1) must have demonstrate that it has developed or is in the
680+19 process of developing an asset management program, that meets
681+20 standards established by as defined in the guidelines of the
682+21 authority, and in the case of a loan, grant, or other financial
683+22 assistance awarded before July 1, 2023;
684+23 (2) must:
685+24 (A) demonstrate that it has developed:
686+25 (i) an asset management program, as defined in the
687+26 guidelines of the authority; and
688+27 (ii) an estimate of the life cycle management costs, as
689+28 defined in the guidelines of the authority, that will be
690+29 incurred over the useful life of the asset to be financed
691+30 with the loan, grant, or other financial assistance;
692+31 not later than the time of submission of the participant's
693+32 preliminary engineering report for any project for which
694+33 the loan, grant, or other financial assistance would be
695+34 provided;
696+35 (B) report to the authority on an ongoing basis, at such
697+36 times as the authority shall prescribe, the actual life cycle
698+37 management costs incurred by the participant over the
699+38 useful life of the asset; and
700+39 (C) in the case of a participant that is not under the
701+40 jurisdiction of the Indiana utility regulatory commission,
702+41 must regularly report, at such times and in such manner as
703+42 the authority shall prescribe, to all:
704+ES 272—LS 7160/DI 101 15
705+1 (i) customers;
706+2 (ii) counties; and
707+3 (iii) municipalities;
708+4 within the participant's service territory such information
709+5 concerning the participant's asset management program
710+6 and utility asset life cycle management costs as the
711+7 authority may require;
712+8 in the case of a loan, grant, or other financial assistance
713+9 awarded after June 30, 2023; and
714+10 (2) (3) must demonstrate to the authority that it has a plan to
715+11 participate with one (1) or more other participants in cooperative
716+12 activities, which may include using the proceeds of the loan or
717+13 grant to pay a part of the costs associated with a cooperative
718+14 activity.
719+15 (b) To receive a loan or grant from the water infrastructure
720+16 assistance fund for purposes of cybersecurity, a participant must satisfy
721+17 the same requirements that are established under this chapter for loans
722+18 or grants for projects for other purposes.
723+19 (c) A participant receiving a grant, loan, or other financial assistance
724+20 from the water infrastructure assistance fund shall enter into a financial
725+21 assistance agreement with the authority. A financial assistance
726+22 agreement entered into under this section is a valid, binding, and
727+23 enforceable agreement of the participant.
728+24 (d) After receiving a loan or grant from the water infrastructure
729+25 assistance fund, a participant must maintain its asset management
730+26 program:
731+27 (1) as long as the loan remains unpaid; or
732+28 (2) during the useful life of the asset financed with the loan or
733+29 grant.
734+30 (e) In addition to meeting the other requirements established under
735+31 this section, a participant must, if appropriate, conduct or participate in
736+32 efforts to determine and eliminate the causes of non-revenue water in
737+33 its water distribution system.
738+34 (f) Notwithstanding any other law, the authority may establish and
739+35 implement requirements that:
740+36 (1) apply to loans and other financial assistance to be made to
741+37 participants that are not political subdivisions; and
742+38 (2) are different from, or in addition to, requirements that apply
743+39 to loans and financial assistance made to political subdivisions.
744+40 SECTION 8. IC 5-1.2-14-8.2, AS ADDED BY P.L.56-2019,
745+41 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
746+42 JULY 1, 2022]: Sec. 8.2. (a) The authority shall establish a project
747+ES 272—LS 7160/DI 101 16
748+1 prioritization system for the purposes of awarding loans and grants
749+2 from the water infrastructure assistance fund. The project prioritization
750+3 system must be based on a model that includes at least the following
751+4 variables:
752+5 (1) The effect of a project on the environment and public health
753+6 and safety.
754+7 (2) The effect upon the user rates and charges of participants.
755+8 (3) The existence of plans for collaboration with other entities.
756+9 (4) The existence of a plan to measure and manage non-revenue
757+10 water.
758+11 (5) Whether an applicant is employing other best practices as
759+12 determined by the authority.
760+13 (b) The authority shall use the results of the project prioritization
761+14 system established under subsection (a) to create a project priority list,
762+15 and shall use the project priority list in awarding grants, loans, and
763+16 other financial assistance under this chapter. The authority may adjust
764+17 the project priority list established under this section:
765+18 (1) if the authority determines that unforeseen circumstances
766+19 require an adjustment; or
767+20 (2) in case of an emergency.
768+21 SECTION 9. IC 5-1.2-14.5-4, AS ADDED BY P.L.154-2021,
769+22 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
770+23 JULY 1, 2022]: Sec. 4. Money in the water infrastructure grant fund
771+24 may be used to do the following:
772+25 (1) Provide grants, loans, and other financial assistance to or for
773+26 the benefit of participants for:
774+27 (A) the planning, designing, acquisition, construction,
775+28 renovation, improvement, or expansion of water systems; and
776+29 (B) other activities necessary or convenient to complete the
777+30 tasks referred to in clause (A), regardless of whether the other
778+31 activities are permitted by the federal Clean Water Act or the
779+32 federal Safe Drinking Water Act.
780+33 (2) Provide grants, loans, or other financial assistance to or for the
781+34 benefit of participants for:
782+35 (A) the planning, designing, acquisition, construction,
783+36 renovation, improvement, or expansion of wastewater or storm
784+37 water collection and treatment systems; and
785+38 (B) other activities necessary or convenient to complete the
786+39 tasks referred to in clause (A), regardless of whether the other
787+40 activities are permitted by the federal Clean Water Act or the
788+41 federal Safe Drinking Water Act.
789+42 (3) Provide grants, loans, or other financial assistance to or
790+ES 272—LS 7160/DI 101 17
791+1 for the benefit of participants for the planning, designing,
792+2 acquisition, construction, renovation, improvement, or
793+3 expansion of septic relief systems in accordance with
794+4 guidelines of the authority.
795+5 (3) (4) Provide grants, loans, or other financial assistance to or for
796+6 the benefit of participants for any eligible activity (as defined in
797+7 IC 5-1.2-2-23).
798+8 (4) (5) Provide grants to political subdivisions for tasks associated
799+9 with the development and preparation of:
800+10 (A) long term control plans;
801+11 (B) use attainability analyses; and
802+12 (C) storm water management programs.
803+13 (5) (6) Undertake tasks associated with the development and
804+14 preparation of water, wastewater, and storm water infrastructure
805+15 and resource analyses.
806+16 (6) (7) Conduct all other activities that are permitted by the
807+17 federal Clean Water Act or the federal Safe Drinking Water Act.
808+18 SECTION 10. IC 5-1.2-14.5-7, AS ADDED BY P.L.154-2021,
809+19 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
810+20 JULY 1, 2022]: Sec. 7. (a) To receive a loan, grant, or other financial
811+21 assistance from the water infrastructure grant fund, a participant:
812+22 (1) must have demonstrate that it has developed or is in the
813+23 process of developing an asset management program, that meets
814+24 standards established by as defined in the guidelines of the
815+25 authority, and in the case of a loan, grant, or other financial
816+26 assistance awarded before July 1, 2023;
817+27 (2) must:
818+28 (A) demonstrate that it has developed:
819+29 (i) an asset management program, as defined in the
820+30 guidelines of the authority; and
821+31 (ii) an estimate of the life cycle management costs, as
822+32 defined in the guidelines of the authority, that will be
823+33 incurred over the useful life of the asset to be financed
824+34 with the loan, grant, or other financial assistance;
825+35 not later than the time of submission of the participant's
826+36 preliminary engineering report for any project for which
827+37 the loan, grant, or other financial assistance would be
828+38 provided;
829+39 (B) report to the authority on an ongoing basis, at such
830+40 times as the authority shall prescribe, the actual life cycle
831+41 management costs incurred by the participant over the
832+42 useful life of the asset; and
833+ES 272—LS 7160/DI 101 18
834+1 (C) in the case of a participant that is not under the
835+2 jurisdiction of the Indiana utility regulatory commission,
836+3 must regularly report, at such times and in such manner as
837+4 the authority shall prescribe, to all:
838+5 (i) customers;
839+6 (ii) counties; and
840+7 (iii) municipalities;
841+8 within the participant's service territory such information
842+9 concerning the participant's asset management program
843+10 and utility asset life cycle management costs as the
844+11 authority may require;
845+12 in the case of a loan, grant, or other financial assistance
846+13 awarded after June 30, 2023; and
847+14 (2) (3) must demonstrate to the authority that it has a plan to
848+15 participate with one (1) or more other participants in cooperative
849+16 activities, which may include using the proceeds of the loan or
850+17 grant to pay a part of the costs associated with a cooperative
851+18 activity.
852+19 (b) To receive a loan or grant from the water infrastructure grant
853+20 fund for purposes of cybersecurity, a participant must satisfy the same
854+21 requirements that are established under this chapter for loans or grants
855+22 for projects for other purposes.
856+23 (c) A participant receiving a grant, loan, or other financial assistance
857+24 from the water infrastructure grant fund shall enter into an agreement
858+25 with the authority. An agreement entered into under this section is a
859+26 valid, binding, and enforceable agreement of the participant.
860+27 (d) After receiving a loan or grant from the water infrastructure
861+28 grant fund, a participant must maintain its asset management program
862+29 during the useful life of the asset financed with the loan or grant.
863+30 (e) In addition to meeting the other requirements established under
864+31 this section, a participant must, if appropriate, conduct or participate in
865+32 efforts to determine and eliminate the causes of non-revenue water in
866+33 its water distribution system.
867+34 (f) Notwithstanding any other law, the authority may establish and
868+35 implement requirements that:
869+36 (1) apply to grants, loans, and other financial assistance to be
870+37 made to participants that are not political subdivisions; and
871+38 (2) are different from, or in addition to, requirements that apply
872+39 to grants, loans, and financial assistance made to political
873+40 subdivisions.
874+41 SECTION 11. IC 5-1.2-14.5-8, AS ADDED BY P.L.154-2021,
875+42 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
876+ES 272—LS 7160/DI 101 19
877+1 JULY 1, 2022]: Sec. 8. (a) The authority shall establish a project
878+2 prioritization system for the purposes of awarding loans and grants
879+3 from the water infrastructure grant fund. The project prioritization
880+4 system must be based on a model that includes at least the following
881+5 variables:
882+6 (1) The effect of a project on the environment and public health
883+7 and safety.
884+8 (2) The effect upon, and the affordability of, the user rates and
885+9 charges of participants.
886+10 (3) The existence of plans for collaboration with other entities.
887+11 (4) The existence of a plan to measure and manage non-revenue
888+12 water.
889+13 (5) Whether an applicant is employing other best practices as
890+14 determined by the authority.
891+15 (6) Whether the project includes an expansion of storm water
892+16 collection and treatment systems.
893+17 (b) The authority shall use the results of the project prioritization
894+18 system established under subsection (a) to create a project priority list,
895+19 and shall use the project priority list in awarding grants, loans, and
896+20 other financial assistance under this chapter. The authority may adjust
897+21 the project priority list established under this section:
898+22 (1) if the authority determines that unforeseen circumstances
899+23 require an adjustment; or
900+24 (2) in case of an emergency.
901+25 SECTION 12. IC 8-1-1.9-5 IS ADDED TO THE INDIANA CODE
902+26 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
903+27 1, 2022]: Sec. 5. (a) This section applies to a wastewater utility that:
904+28 (1) is not subject to the jurisdiction of the commission for the
905+29 approval of rates and charges; and
906+30 (2) has been issued one (1) or more enforcement orders after
907+31 June 30, 2022.
908+32 (b) As used in this section, "department enforcement action"
909+33 means an action of the department of environmental management
910+34 commenced under IC 13-30-3.
911+35 (c) As used in this section, "enforcement order" means an order,
912+36 including an agreed order under IC 13-30-3-3:
913+37 (1) resulting from a department enforcement action; and
914+38 (2) relating to environmental or health and human safety
915+39 issues.
916+40 (d) As used in this section, "wastewater utility" means any of
917+41 the following that provides wastewater service in Indiana:
918+42 (1) A public utility (as defined in IC 8-1-2-1(a)).
919+ES 272—LS 7160/DI 101 20
920+1 (2) A municipally owned utility (as defined in IC 8-1-2-1(h)).
921+2 (3) A not-for-profit utility (as defined in IC 8-1-2-125(a)).
922+3 (4) A cooperatively owned corporation.
923+4 (5) A conservancy district established under IC 14-33.
924+5 (6) A regional sewer district established under IC 13-26.
925+6 (e) The following apply to a wastewater utility that is subject to
926+7 this section:
927+8 (1) Upon the issuance of the first enforcement order with
928+9 respect to the wastewater utility, the commission shall:
929+10 (A) perform an informal review, using such procedures as
930+11 the commission may choose, of the rates and charges of the
931+12 wastewater utility to determine if the rates and charges are
932+13 sufficient to:
933+14 (i) operate and maintain the wastewater utility's
934+15 collection and treatment system; and
935+16 (ii) pay all obligations of the wastewater utility's
936+17 collection and treatment system; and
937+18 (B) determine whether all elements of an adequate asset
938+19 management program are in place with respect to the
939+20 wastewater utility's collection and treatment system.
940+21 In making a determination under clause (B), the commission
941+22 may consult with the drinking water and wastewater
942+23 infrastructure research and extension program authorized by
943+24 IC 5-1.2-11.5-10. Notwithstanding IC 8-1-1-5(b), commission
944+25 staff shall not be subject to cross examination in any
945+26 subsequent proceeding in connection with any documents
946+27 prepared during an informal review under this subdivision.
947+28 (2) If a second enforcement order is issued with respect to the
948+29 wastewater utility within two (2) years of the effective date of
949+30 the first enforcement order, the wastewater utility:
950+31 (A) shall undergo a base rate case before the commission;
951+32 and
952+33 (B) becomes subject to the jurisdiction of the commission
953+34 for the approval of rates and charges upon the effective
954+35 date of the second enforcement order.
955+36 After this first required rate case, the wastewater utility shall
956+37 undergo one (1) subsequent rate case before the commission
957+38 not earlier than three (3) years after the effective date of the
958+39 commission's order in the first rate case under this
959+40 subdivision. The wastewater utility shall remain subject to the
960+41 jurisdiction of the commission for the approval of rates and
961+42 charges for a minimum of five (5) years from the effective
962+ES 272—LS 7160/DI 101 21
963+1 date of the commission's order in the first rate case under this
964+2 subdivision and for at least one (1) year after the effective
965+3 date of the commission's order in the second rate case under
966+4 this subdivision. For purposes of determining rates and
967+5 charges under this subdivision, if the wastewater utility also
968+6 provides storm water services or is considered a combined
969+7 sewer system, the commission may consider any revenues
970+8 collected by the wastewater utility for storm water services.
971+9 However, the commission may not order storm water rates to
972+10 be adjusted.
973+11 (3) Notwithstanding IC 8-1-2.7, if the wastewater utility:
974+12 (A) satisfies the requirements set forth in subdivision (2);
975+13 and
976+14 (B) is not issued any additional enforcement orders during
977+15 the rate regulation period described in subdivision (2);
978+16 the wastewater utility shall provide to the commission written
979+17 notice to that effect. If the commission determines that the
980+18 wastewater utility has satisfied the requirements set forth in
981+19 subdivision (2) and has not been issued any additional
982+20 enforcement orders during the rate regulation period
983+21 described in subdivision (2), the wastewater utility shall be
984+22 withdrawn from the commission's jurisdiction.
985+23 (4) If, during the rate regulation period described in
986+24 subdivision (2):
987+25 (A) one (1) or more additional enforcement orders are
988+26 issued with respect to the wastewater utility; or
989+27 (B) the commissioner of the department of environmental
990+28 management otherwise determines that environmental or
991+29 health and human safety considerations so warrant;
992+30 the commission may, in consultation with the department of
993+31 environmental management, initiate a receivership
994+32 proceeding with respect to the wastewater utility.
995+33 (5) Subdivision (1) applies with respect to any enforcement
996+34 order that is issued with respect to the wastewater utility after
997+35 the completion of the rate regulation period described in
998+36 subdivision (2).
999+37 (f) The commission may enter into an agreement with the
1000+38 department to carry out the requirements set forth in subsection
1001+39 (e).
1002+40 (g) An action by the department of environmental management
1003+41 under this section is subject to review under IC 4-21.5.
1004+42 (h) An action by the commission under this section is subject to
1005+ES 272—LS 7160/DI 101 22
1006+1 review under IC 8-1-3.
1007+2 SECTION 13. IC 20-32-4-15 IS ADDED TO THE INDIANA
1008+3 CODE AS A NEW SECTION TO READ AS FOLLOWS
1009+4 [EFFECTIVE JULY 1, 2022]: Sec. 15. (a) The following definitions
1010+5 apply throughout this section:
1011+6 (1) "Utility career cluster" means a list:
1012+7 (A) compiled for purposes of college and career pathways
1013+8 relating to career and technical education under section
1014+9 1.5(g) of this chapter; and
1015+10 (B) setting forth industries or occupational fields that:
1016+11 (i) are related to the provision of utility services; and
1017+12 (ii) share similar knowledge and skill training
1018+13 requirements.
1019+14 (2) "Utility services" includes:
1020+15 (A) production, transmission, or distribution of electricity;
1021+16 (B) acquisition, transportation, distribution, or storage of
1022+17 natural gas;
1023+18 (C) provision of communications service (as defined in
1024+19 IC 8-1-32.5-3);
1025+20 (D) treatment, storage, or distribution of water; and
1026+21 (E) collection or treatment of wastewater.
1027+22 (b) Not later than December 31, 2022:
1028+23 (1) the state board shall, for purposes of approving under
1029+24 section 1.5(g) of this chapter sequences of courses leading to
1030+25 student concentrators in industries or occupational fields
1031+26 related to the provision of utility services, approve a utility
1032+27 career cluster; and
1033+28 (2) the governor's workforce cabinet shall, in consultation
1034+29 with the state board, the department, and the department of
1035+30 workforce development, create one (1) or more course
1036+31 sequences:
1037+32 (A) each of which consists of courses approved by the state
1038+33 board for purposes of college and career pathways relating
1039+34 to career and technical education under section 1.5(g) of
1040+35 this chapter; and
1041+36 (B) each of which provides students with knowledge and
1042+37 skills necessary for employment in an industry or
1043+38 occupational field in the utility career cluster.
1044+39 (c) In creating one (1) or more course sequences under
1045+40 subsection (b)(2), the governor's workforce cabinet, in consultation
1046+41 with the state board, the department, and the department of
1047+42 workforce development, shall:
1048+ES 272—LS 7160/DI 101 23
1049+1 (1) consider the impact of course sequences on the long term
1050+2 outcomes of students; and
1051+3 (2) prioritize course sequences that lead to high wage, high
1052+4 demand jobs.
1053+5 SECTION 14. IC 20-32-4-16 IS ADDED TO THE INDIANA
1054+6 CODE AS A NEW SECTION TO READ AS FOLLOWS
1055+7 [EFFECTIVE JULY 1, 2022]: Sec. 16. (a) This section applies to any:
1056+8 (1) career clusters approved or amended by the state board
1057+9 under this chapter after June 30, 2022; or
1058+10 (2) course sequences created or amended by the governor's
1059+11 workforce cabinet under this chapter after June 30, 2022.
1060+12 (b) The governor's workforce cabinet shall do the following:
1061+13 (1) Collect data each year regarding approved career clusters
1062+14 and course sequences to inform decision making around
1063+15 approving, creating, and amending current and future career
1064+16 clusters and course sequence requirements.
1065+17 (2) Prepare and submit, not later than November 1 of each
1066+18 year, a report to the legislative council in an electronic format
1067+19 under IC 5-14-6 regarding the data collected under
1068+20 subdivision (1).
1069+21 SECTION 15. An emergency is declared for this act.
1070+ES 272—LS 7160/DI 101 24
1071+COMMITTEE REPORT
1072+Madam President: The Senate Committee on Utilities, to which was
1073+referred Senate Bill No. 272, has had the same under consideration and
1074+begs leave to report the same back to the Senate with the
1075+recommendation that said bill be AMENDED as follows:
1076+Page 6, line 36, delete "established" and insert "authorized".
1077+Page 6, line 40, delete "water," and insert "drinking water,".
1078+Page 7, delete lines 20 through 42, begin a new paragraph and
1079+insert:
1080+"SECTION 2. IC 5-1.2-10-16, AS ADDED BY P.L.189-2018,
2651081 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2661082 JULY 1, 2022]: Sec. 16. (a) A loan or other financial assistance from
2671083 either fund must be accompanied by the following:
2681084 (1) All papers and opinions required by the authority.
2691085 (2) Unless otherwise provided by the guidelines of the authority,
2701086 the following:
2711087 (A) An approving opinion of nationally recognized bond
2721088 counsel.
2731089 (B) A certification and guarantee of signatures.
2741090 (C) A certification that, as of the date of the loan or other
2751091 financial assistance:
2761092 (i) no litigation is pending challenging the validity of or
2771093 entry into the loan or other financial assistance or any
2781094 security for the loan or other financial assistance; or
2791095 (ii) if litigation is pending, the litigation will not have a
2801096 material adverse effect on the validity of the loan or other
2811097 financial assistance or any security for the loan or other
2821098 financial assistance.
2831099 (D) If litigation is pending, as an alternative to the certification
2841100 described in clause (C), an opinion of legal counsel that the
2851101 litigation will not have a material adverse effect on the validity
2861102 of the loan or other financial assistance.
2871103 (E) Documentation demonstrating that the participant has the
2881104 financial, managerial, technical, and legal capability of
2891105 operating and maintaining its water or wastewater collection
2901106 and treatment system.
2911107 (b) Each participant
292-SEA 272 — Concur 8
2931108 (1) to which, or
2941109 (2) for the benefit of which:
2951110 (1) a loan, would be made grant, or the other financial assistance
2961111 would be provided under this chapter is awarded before July 1,
1112+ES 272—LS 7160/DI 101 25
2971113 2023, must demonstrate that it has developed or is in the process
2981114 of developing an asset management program, as defined in the
2991115 guidelines of the authority; or
300-(2) a loan, grant, or other financial assistance is awarded after
301-June 30, 2023:
1116+(2) a loan, grant, or other financial is awarded after June 30,
1117+2023:
3021118 (A) must demonstrate that it has developed:
3031119 (i) an asset management program, as defined in the
3041120 guidelines of the authority; and
3051121 (ii) an estimate of the life cycle management costs, as
3061122 defined in the guidelines of the authority, that will be
3071123 incurred over the useful life of the asset to be financed
3081124 with the loan, grant, or other financial assistance;
3091125 not later than the time of submission of the participant's
3101126 preliminary engineering report for any project for which
3111127 the loan, grant, or other financial assistance would be
312-provided;
1128+provided; and
3131129 (B) must report to the authority on an ongoing basis, at
3141130 such times as the authority shall prescribe, the actual life
3151131 cycle management costs incurred by the participant over
316-the useful life of the asset; and
317-(C) in the case of a participant that is not under the
318-jurisdiction of the Indiana utility regulatory commission,
319-must regularly report, at such times and in such manner as
320-the authority shall prescribe, to all:
321-(i) customers;
322-(ii) counties; and
323-(iii) municipalities;
324-within the participant's service territory such information
325-concerning the participant's asset management program
326-and utility asset life cycle management costs as the
327-authority may require.
1132+the useful life of the asset.
3281133 SECTION 3. IC 5-1.2-11-6, AS ADDED BY P.L.189-2018,
3291134 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3301135 JULY 1, 2022]: Sec. 6. Money in the supplemental fund may be used
3311136 to do the following:
3321137 (1) Provide grants, loans, or other financial assistance to or for the
3331138 benefit of participants for the planning, designing, acquisition,
3341139 construction, renovation, improvement, or expansion of the
335-SEA 272 — Concur 9
3361140 following:
3371141 (A) A public water system, whether or not those other
3381142 activities are allowed by the federal Clean Water Act or the
3391143 federal Safe Drinking Water Act.
3401144 (B) A wastewater or storm water collection and treatment
3411145 system.
3421146 The money may be used to pay for other activities necessary or
3431147 convenient to complete these tasks, regardless of whether those
3441148 other activities are allowed by the federal Clean Water Act or the
3451149 federal Safe Drinking Water Act.
3461150 (2) Provide grants, loans, or other financial assistance to political
3471151 subdivisions for tasks associated with the development and
3481152 preparation of:
3491153 (A) long term control plans;
3501154 (B) use attainability analyses; and
1155+ES 272—LS 7160/DI 101 26
3511156 (C) storm water management programs.
3521157 (3) Provide grants, loans, or other financial assistance to or
3531158 for the benefit of participants for the planning, designing,
3541159 acquisition, construction, renovation, improvement, or
3551160 expansion of septic relief systems in accordance with
3561161 guidelines of the authority.
3571162 (3) (4) Provide interest subsidies.
3581163 (4) (5) Establish guaranties, reserves, or sinking funds, including
3591164 guaranties, reserves, or sinking funds to secure and pay, in whole
3601165 or in part, loans or other financial assistance made from sources
3611166 other than the supplemental fund (including financial institutions)
3621167 for a purpose allowed by subdivision (1).
3631168 (5) (6) Pay financing charges, including interest on the loan or
3641169 other financial assistance during construction and for a reasonable
3651170 period after the completion of construction.
3661171 (6) (7) Pay the cost of administering the supplemental fund and
3671172 the supplemental program.
3681173 (7) (8) Conduct all other activities that are allowed by the federal
369-Clean Water Act or the federal Safe Drinking Water Act.
370-SECTION 4. IC 5-1.2-11.5-9, AS ADDED BY P.L.15-2019,
371-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
372-JULY 1, 2022]: Sec. 9. (a) The authority shall coordinate the executive
373-branch activities related to the state's drinking water and wastewater
374-programs. The authority's duties under this section include the
375-following:
376-(1) Serving as the executive branch coordinator of drinking water
377-and wastewater related programs and activities of the state.
378-SEA 272 — Concur 10
379-(2) Serving as the executive branch coordinator for funding
380-allocated or made available to the state or local communities
381-from federal, state, and other sources for purposes related to
382-drinking water, wastewater, or storm water infrastructure
383-and systems. The authority's duties under this subdivision
384-include:
385-(A) communicating with utilities, local communities, and
386-state agencies about the availability of funds;
387-(B) vetting proposals for, and potential recipients of,
388-available funds; and
389-(C) directing available funds to and among utilities, local
390-communities, and state agencies;
391-as appropriate.
392-(2) (3) Advising state agencies and political subdivisions, and
393-coordinating their activities, regarding best practices concerning
394-the best use of funding streams and incentives in the manner most
395-likely to achieve comprehensive drinking water and wastewater
396-related data collection and regional collaboration in drinking
397-water and wastewater service.
398-(3) (4) Promoting and coordinating the collection and sharing of
399-information throughout Indiana concerning drinking water and
400-wastewater service.
401-(4) (5) Providing leadership regarding investment, affordability,
402-supply, and economic development related to drinking water and
403-wastewater service.
404-(b) All instrumentalities, agencies, authorities, boards, and
405-commissions of the state, including the management performance hub
406-established by IC 4-3-26, shall cooperate with and provide assistance
407-to the authority in carrying out the authority's duties under this section.
408-(c) In carrying out the authority's duties under subsection (a)(3)
409-and (a)(4), the authority may consult and collaborate with, and
410-draw on the technical expertise of, the drinking water and
411-wastewater infrastructure research and extension program
412-authorized by section 10 of this chapter, as appropriate.
413-(c) (d) In carrying out the authority's duties under this section, the
414-authority shall use any data the authority acquires in a manner that:
415-(1) protects the confidential information of individual drinking
416-water utilities, wastewater utilities, and their customers; and
417-(2) is consistent with IC 5-14-3-4.
418-SECTION 5. IC 5-1.2-11.5-10 IS ADDED TO THE INDIANA
419-CODE AS A NEW SECTION TO READ AS FOLLOWS
420-[EFFECTIVE UPON PASSAGE]: Sec. 10. (a) As used in this section,
421-SEA 272 — Concur 11
422-"program" refers to the drinking water and wastewater
423-infrastructure research and extension program authorized by
424-subsection (c).
425-(b) As used in this section, "utility" means any of the following
426-that provides drinking water, wastewater, or storm water service
427-in Indiana:
428-(1) A public utility (as defined in IC 8-1-2-1(a)).
429-(2) A municipally owned utility (as defined in IC 8-1-2-1(h)).
430-(3) A not-for-profit utility (as defined in IC 8-1-2-125(a)).
431-(4) A cooperatively owned corporation.
432-(5) A conservancy district established under IC 14-33.
433-(6) A regional sewer district established under IC 13-26.
434-(7) A department of storm water management under
435-IC 8-1.5-5.
436-(c) A drinking water and wastewater infrastructure research
437-and extension program may be established to provide data
438-collection and information, training, and technical assistance
439-concerning:
440-(1) drinking water infrastructure;
441-(2) wastewater infrastructure; and
442-(3) storm water infrastructure;
443-in Indiana, including assistance with infrastructure and system
444-design, construction, operation, maintenance, financial
445-management, and administration.
446-(d) The authority may contract with a state supported college or
447-university in Indiana to provide the program. The program:
448-(1) must be overseen by a director and include such staff as
449-mutually agreed upon by the authority and the college or
450-university; and
451-(2) may be housed within, or share staff with, the research
452-and highway extension program established by IC 8-17-7, as
453-may be mutually agreed upon by the authority and the college
454-or university.
455-The authority may financially support the program from existing
456-funds appropriated to the authority.
457-(e) The program may provide the following services and
458-programs to, or for the benefit of, utilities that provide drinking
459-water, wastewater, or storm water service in Indiana:
460-(1) Assisting utilities in the development of asset management
461-programs by:
462-(A) providing educational and technical assistance
463-concerning the principles, benefits, requirements, and
464-SEA 272 — Concur 12
465-implementation of a successful asset management
466-program; and
467-(B) reviewing the asset management programs of utilities
468-and offering advice in cases in which information or
469-essential components may be missing or lacking.
470-(2) Serving as a central repository for data concerning the
471-location and condition of, and populations served by, drinking
472-water infrastructure, wastewater infrastructure, and storm
473-water infrastructure throughout Indiana, by:
474-(A) collecting:
475-(i) data from utilities, local units, and state agencies; or
476-(ii) field data;
477-(B) compiling and organizing the data collected; and
478-(C) subject to subsection (g), making the data available in
479-an electronic format specified by the authority on an
480-Internet web site maintained by:
481-(i) the authority; or
482-(ii) the program.
483-(3) Providing training and technical assistance to utilities by:
484-(A) offering, participating in, or sponsoring statewide or
485-local conferences and workshops on topics related to the
486-design, construction, operation, maintenance, and
487-administration of utilities' infrastructure and systems; and
488-(B) making available or providing information on
489-professional development opportunities for Indiana's
490-drinking water, wastewater, and storm water utility
491-industry workforces.
492-(f) Subject to subsection (g), not later than July 1, 2023, the
493-authority shall make information concerning all:
494-(1) utility asset management programs; and
495-(2) utility asset lifecycle management costs;
496-submitted to or reviewed by the authority under this article
497-available in an electronic format specified by the authority on an
498-Internet web site maintained by the authority or the program.
499-(g) In carrying out the duties set forth in subsections (e)(2) and
500-(f), the authority and, if applicable, the program shall use any data
501-the authority or the program acquires in a manner that:
502-(1) protects the confidential information of individual utilities
503-and customers; and
504-(2) is consistent with IC 5-14-3-4.
505-SECTION 6. IC 5-1.2-14-4, AS AMENDED BY P.L.56-2019,
1174+Clean Water Act or the federal Safe Drinking Water Act.".
1175+Page 8, delete lines 1 through 16.
1176+Page 8, line 20, after "state's" insert "drinking".
1177+Page 8, line 22, after "of" insert "drinking".
1178+Page 8, line 27, delete "water," and insert "drinking water,".
1179+Page 8, line 39, after "comprehensive" insert "drinking".
1180+Page 8, line 40, after "in" insert "drinking".
1181+Page 9, line 1, after "concerning" insert "drinking".
1182+Page 9, line 4, after "to" insert "drinking".
1183+Page 9, line 11, delete "shall" and insert "may".
1184+Page 9, line 12, after "of, the" insert "drinking".
1185+Page 9, line 13, delete "established" and insert "authorized".
1186+Page 9, line 17, after "individual" insert "drinking".
1187+Page 9, line 23, after "the" insert "drinking".
1188+Page 9, line 24, delete "established" and insert "authorized".
1189+Page 9, line 26, after "provides" insert "drinking".
1190+Page 9, line 36, delete "There is established a" and insert "A
1191+drinking".
1192+Page 9, line 37, after "program" insert "may be established".
1193+Page 9, line 39, after "(1)" insert "drinking".
1194+Page 10, line 1, after "maintenance," insert "financial
1195+management,".
1196+Page 10, line 2, delete "shall" and insert "may".
1197+Page 10, line 11, delete "shall" and insert "may".
1198+ES 272—LS 7160/DI 101 27
1199+Page 10, line 11, delete "funds" and insert "existing funds".
1200+Page 10, line 13, delete "shall" and insert "may".
1201+Page 10, line 14, after "provide" insert "drinking".
1202+Page 10, line 26, after "by," insert "drinking".
1203+Page 10, line 39, delete "offering" and insert "offering,
1204+participating in,".
1205+Page 11, line 3, delete "water," and insert "drinking water,".
1206+Page 11, line 13, delete "and" and insert "and, if applicable,".
1207+Page 11, delete lines 18 through 42, begin a new paragraph and
1208+insert:
1209+"SECTION 6. IC 5-1.2-14-4, AS AMENDED BY P.L.56-2019,
5061210 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
507-SEA 272 — Concur 13
5081211 JULY 1, 2022]: Sec. 4. (a) Money in the water infrastructure assistance
5091212 fund may be used to do the following:
5101213 (1) Provide grants, loans, and other financial assistance to or for
5111214 the benefit of participants for:
5121215 (A) the planning, designing, acquisition, construction,
5131216 renovation, improvement, or expansion of public water
5141217 systems; and
5151218 (B) other activities necessary or convenient to complete the
5161219 tasks referred to in clause (A) whether or not the other
5171220 activities are permitted by the federal Clean Water Act or the
5181221 federal Safe Drinking Water Act.
5191222 (2) Provide grants, loans, or other financial assistance to or for the
5201223 benefit of participants for:
5211224 (A) the planning, designing, acquisition, construction,
5221225 renovation, improvement, or expansion of wastewater or storm
5231226 water collection and treatment systems; and
5241227 (B) other activities necessary or convenient to complete the
5251228 tasks referred to in clause (A) whether or not the other
5261229 activities are permitted by the federal Clean Water Act or the
5271230 federal Safe Drinking Water Act.
5281231 (3) Provide grants, loans, or other financial assistance to or
5291232 for the benefit of participants for the planning, designing,
5301233 acquisition, construction, renovation, improvement, or
5311234 expansion of septic relief systems in accordance with
5321235 guidelines of the authority.
5331236 (3) (4) Provide grants to political subdivisions for tasks associated
5341237 with the development and preparation of:
5351238 (A) long term control plans;
5361239 (B) use attainability analyses; and
5371240 (C) storm water management programs.
1241+ES 272—LS 7160/DI 101 28
5381242 (4) (5) Undertake tasks associated with the development and
5391243 preparation of water, wastewater, and storm water infrastructure
5401244 and resource analyses.
5411245 (5) (6) Conduct all other activities that are permitted by the
5421246 federal Clean Water Act or the federal Safe Drinking Water Act.
5431247 (b) The authority may make loans or provide other financial
5441248 assistance from the water infrastructure assistance fund to or for the
5451249 benefit of a participant to do any of the following:
5461250 (1) Establish guaranties, reserves, or sinking funds, including
5471251 guaranties, reserves, or sinking funds to secure and pay, in whole
5481252 or in part, loans or other financial assistance made from sources
5491253 other than the fund (including financial institutions) for a purpose
550-SEA 272 — Concur 14
5511254 permitted by this chapter.
5521255 (2) Provide interest subsidies.
5531256 (3) Pay financing charges, including interest on the loan or other
5541257 financial assistance:
5551258 (A) during design and construction of a water or wastewater
5561259 infrastructure project based upon a viable financial plan; and
5571260 (B) for a reasonable period after the completion of
5581261 construction.
5591262 SECTION 7. IC 5-1.2-14-8, AS AMENDED BY P.L.56-2019,
5601263 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5611264 JULY 1, 2022]: Sec. 8. (a) To receive a loan, grant, or other financial
5621265 assistance from the water infrastructure assistance fund, a participant:
5631266 (1) must have demonstrate that it has developed or is in the
5641267 process of developing an asset management program, that meets
5651268 standards established by as defined in the guidelines of the
5661269 authority, and in the case of a loan, grant, or other financial
5671270 assistance awarded before July 1, 2023;
5681271 (2) must:
5691272 (A) demonstrate that it has developed:
5701273 (i) an asset management program, as defined in the
5711274 guidelines of the authority; and
5721275 (ii) an estimate of the life cycle management costs, as
5731276 defined in the guidelines of the authority, that will be
5741277 incurred over the useful life of the asset to be financed
5751278 with the loan, grant, or other financial assistance;
5761279 not later than the time of submission of the participant's
5771280 preliminary engineering report for any project for which
5781281 the loan, grant, or other financial assistance would be
579-provided;
1282+provided; and
5801283 (B) report to the authority on an ongoing basis, at such
1284+ES 272—LS 7160/DI 101 29
5811285 times as the authority shall prescribe, the actual life cycle
5821286 management costs incurred by the participant over the
583-useful life of the asset; and
584-(C) in the case of a participant that is not under the
585-jurisdiction of the Indiana utility regulatory commission,
586-must regularly report, at such times and in such manner as
587-the authority shall prescribe, to all:
588-(i) customers;
589-(ii) counties; and
590-(iii) municipalities;
591-within the participant's service territory such information
592-concerning the participant's asset management program
593-SEA 272 — Concur 15
594-and utility asset life cycle management costs as the
595-authority may require;
1287+useful life of the asset;
5961288 in the case of a loan, grant, or other financial assistance
597-awarded after June 30, 2023; and
1289+awarded after June 30, 2023;
5981290 (2) (3) must demonstrate to the authority that it has a plan to
5991291 participate with one (1) or more other participants in cooperative
6001292 activities, which may include using the proceeds of the loan or
6011293 grant to pay a part of the costs associated with a cooperative
602-activity.
1294+activity; and
1295+(4) in the case of a participant that is not under the
1296+jurisdiction of the Indiana utility regulatory commission,
1297+must regularly report, at such times and in such manner as
1298+the authority shall prescribe, to all:
1299+(A) customers;
1300+(B) counties; and
1301+(C) municipalities;
1302+within the participant's service territory such information
1303+concerning the participant's asset management program and
1304+utility asset life cycle management costs as the authority may
1305+require.
6031306 (b) To receive a loan or grant from the water infrastructure
6041307 assistance fund for purposes of cybersecurity, a participant must satisfy
6051308 the same requirements that are established under this chapter for loans
6061309 or grants for projects for other purposes.
6071310 (c) A participant receiving a grant, loan, or other financial assistance
6081311 from the water infrastructure assistance fund shall enter into a financial
6091312 assistance agreement with the authority. A financial assistance
6101313 agreement entered into under this section is a valid, binding, and
6111314 enforceable agreement of the participant.
6121315 (d) After receiving a loan or grant from the water infrastructure
6131316 assistance fund, a participant must maintain its asset management
6141317 program:
6151318 (1) as long as the loan remains unpaid; or
6161319 (2) during the useful life of the asset financed with the loan or
6171320 grant.
6181321 (e) In addition to meeting the other requirements established under
6191322 this section, a participant must, if appropriate, conduct or participate in
6201323 efforts to determine and eliminate the causes of non-revenue water in
6211324 its water distribution system.
6221325 (f) Notwithstanding any other law, the authority may establish and
6231326 implement requirements that:
1327+ES 272—LS 7160/DI 101 30
6241328 (1) apply to loans and other financial assistance to be made to
6251329 participants that are not political subdivisions; and
6261330 (2) are different from, or in addition to, requirements that apply
627-to loans and financial assistance made to political subdivisions.
628-SECTION 8. IC 5-1.2-14-8.2, AS ADDED BY P.L.56-2019,
629-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
630-JULY 1, 2022]: Sec. 8.2. (a) The authority shall establish a project
631-prioritization system for the purposes of awarding loans and grants
632-from the water infrastructure assistance fund. The project prioritization
633-system must be based on a model that includes at least the following
634-variables:
635-(1) The effect of a project on the environment and public health
636-SEA 272 — Concur 16
637-and safety.
638-(2) The effect upon the user rates and charges of participants.
639-(3) The existence of plans for collaboration with other entities.
640-(4) The existence of a plan to measure and manage non-revenue
641-water.
642-(5) Whether an applicant is employing other best practices as
643-determined by the authority.
644-(b) The authority shall use the results of the project prioritization
645-system established under subsection (a) to create a project priority list,
646-and shall use the project priority list in awarding grants, loans, and
647-other financial assistance under this chapter. The authority may adjust
648-the project priority list established under this section:
649-(1) if the authority determines that unforeseen circumstances
650-require an adjustment; or
651-(2) in case of an emergency.
652-SECTION 9. IC 5-1.2-14.5-4, AS ADDED BY P.L.154-2021,
1331+to loans and financial assistance made to political subdivisions.".
1332+Page 12, delete lines 1 through 36.
1333+Page 13, delete lines 18 through 42, begin a new paragraph and
1334+insert:
1335+"SECTION 9. IC 5-1.2-14.5-4, AS ADDED BY P.L.154-2021,
6531336 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6541337 JULY 1, 2022]: Sec. 4. Money in the water infrastructure grant fund
6551338 may be used to do the following:
6561339 (1) Provide grants, loans, and other financial assistance to or for
6571340 the benefit of participants for:
6581341 (A) the planning, designing, acquisition, construction,
6591342 renovation, improvement, or expansion of water systems; and
6601343 (B) other activities necessary or convenient to complete the
6611344 tasks referred to in clause (A), regardless of whether the other
6621345 activities are permitted by the federal Clean Water Act or the
6631346 federal Safe Drinking Water Act.
6641347 (2) Provide grants, loans, or other financial assistance to or for the
6651348 benefit of participants for:
6661349 (A) the planning, designing, acquisition, construction,
6671350 renovation, improvement, or expansion of wastewater or storm
6681351 water collection and treatment systems; and
6691352 (B) other activities necessary or convenient to complete the
6701353 tasks referred to in clause (A), regardless of whether the other
6711354 activities are permitted by the federal Clean Water Act or the
6721355 federal Safe Drinking Water Act.
6731356 (3) Provide grants, loans, or other financial assistance to or
6741357 for the benefit of participants for the planning, designing,
6751358 acquisition, construction, renovation, improvement, or
6761359 expansion of septic relief systems in accordance with
6771360 guidelines of the authority.
6781361 (3) (4) Provide grants, loans, or other financial assistance to or for
679-SEA 272 — Concur 17
6801362 the benefit of participants for any eligible activity (as defined in
6811363 IC 5-1.2-2-23).
6821364 (4) (5) Provide grants to political subdivisions for tasks associated
6831365 with the development and preparation of:
6841366 (A) long term control plans;
6851367 (B) use attainability analyses; and
6861368 (C) storm water management programs.
6871369 (5) (6) Undertake tasks associated with the development and
1370+ES 272—LS 7160/DI 101 31
6881371 preparation of water, wastewater, and storm water infrastructure
6891372 and resource analyses.
6901373 (6) (7) Conduct all other activities that are permitted by the
6911374 federal Clean Water Act or the federal Safe Drinking Water Act.
6921375 SECTION 10. IC 5-1.2-14.5-7, AS ADDED BY P.L.154-2021,
6931376 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6941377 JULY 1, 2022]: Sec. 7. (a) To receive a loan, grant, or other financial
6951378 assistance from the water infrastructure grant fund, a participant:
6961379 (1) must have demonstrate that it has developed or is in the
6971380 process of developing an asset management program, that meets
6981381 standards established by as defined in the guidelines of the
6991382 authority, and in the case of a loan, grant, or other financial
7001383 assistance awarded before July 1, 2023;
7011384 (2) must:
7021385 (A) demonstrate that it has developed:
7031386 (i) an asset management program, as defined in the
7041387 guidelines of the authority; and
7051388 (ii) an estimate of the life cycle management costs, as
7061389 defined in the guidelines of the authority, that will be
7071390 incurred over the useful life of the asset to be financed
7081391 with the loan, grant, or other financial assistance;
7091392 not later than the time of submission of the participant's
7101393 preliminary engineering report for any project for which
7111394 the loan, grant, or other financial assistance would be
712-provided;
1395+provided; and
7131396 (B) report to the authority on an ongoing basis, at such
7141397 times as the authority shall prescribe, the actual life cycle
7151398 management costs incurred by the participant over the
716-useful life of the asset; and
717-(C) in the case of a participant that is not under the
718-jurisdiction of the Indiana utility regulatory commission,
719-must regularly report, at such times and in such manner as
720-the authority shall prescribe, to all:
721-(i) customers;
722-SEA 272 — Concur 18
723-(ii) counties; and
724-(iii) municipalities;
725-within the participant's service territory such information
726-concerning the participant's asset management program
727-and utility asset life cycle management costs as the
728-authority may require;
1399+useful life of the asset;
7291400 in the case of a loan, grant, or other financial assistance
730-awarded after June 30, 2023; and
1401+awarded after June 30, 2023;
7311402 (2) (3) must demonstrate to the authority that it has a plan to
7321403 participate with one (1) or more other participants in cooperative
7331404 activities, which may include using the proceeds of the loan or
7341405 grant to pay a part of the costs associated with a cooperative
735-activity.
1406+activity; and
1407+(4) in the case of a participant that is not under the
1408+jurisdiction of the Indiana utility regulatory commission,
1409+must regularly report, at such times and in such manner as
1410+the authority shall prescribe, to all:
1411+(A) customers;
1412+(B) counties; and
1413+ES 272—LS 7160/DI 101 32
1414+(C) municipalities;
1415+within the participant's service territory such information
1416+concerning the participant's asset management program and
1417+utility asset life cycle management costs as the authority may
1418+require.
7361419 (b) To receive a loan or grant from the water infrastructure grant
7371420 fund for purposes of cybersecurity, a participant must satisfy the same
7381421 requirements that are established under this chapter for loans or grants
7391422 for projects for other purposes.
7401423 (c) A participant receiving a grant, loan, or other financial assistance
7411424 from the water infrastructure grant fund shall enter into an agreement
7421425 with the authority. An agreement entered into under this section is a
7431426 valid, binding, and enforceable agreement of the participant.
7441427 (d) After receiving a loan or grant from the water infrastructure
7451428 grant fund, a participant must maintain its asset management program
7461429 during the useful life of the asset financed with the loan or grant.
7471430 (e) In addition to meeting the other requirements established under
7481431 this section, a participant must, if appropriate, conduct or participate in
7491432 efforts to determine and eliminate the causes of non-revenue water in
7501433 its water distribution system.
7511434 (f) Notwithstanding any other law, the authority may establish and
7521435 implement requirements that:
7531436 (1) apply to grants, loans, and other financial assistance to be
7541437 made to participants that are not political subdivisions; and
7551438 (2) are different from, or in addition to, requirements that apply
7561439 to grants, loans, and financial assistance made to political
757-subdivisions.
758-SECTION 11. IC 5-1.2-14.5-8, AS ADDED BY P.L.154-2021,
759-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
760-JULY 1, 2022]: Sec. 8. (a) The authority shall establish a project
761-prioritization system for the purposes of awarding loans and grants
762-from the water infrastructure grant fund. The project prioritization
763-system must be based on a model that includes at least the following
764-variables:
765-SEA 272 — Concur 19
766-(1) The effect of a project on the environment and public health
767-and safety.
768-(2) The effect upon, and the affordability of, the user rates and
769-charges of participants.
770-(3) The existence of plans for collaboration with other entities.
771-(4) The existence of a plan to measure and manage non-revenue
772-water.
773-(5) Whether an applicant is employing other best practices as
774-determined by the authority.
775-(6) Whether the project includes an expansion of storm water
776-collection and treatment systems.
777-(b) The authority shall use the results of the project prioritization
778-system established under subsection (a) to create a project priority list,
779-and shall use the project priority list in awarding grants, loans, and
780-other financial assistance under this chapter. The authority may adjust
781-the project priority list established under this section:
782-(1) if the authority determines that unforeseen circumstances
783-require an adjustment; or
784-(2) in case of an emergency.
785-SECTION 12. IC 8-1-1.9-5 IS ADDED TO THE INDIANA CODE
786-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
787-1, 2022]: Sec. 5. (a) This section applies to a wastewater utility that:
788-(1) is not subject to the jurisdiction of the commission for the
789-approval of rates and charges; and
790-(2) has been issued one (1) or more enforcement orders after
791-June 30, 2022.
792-(b) As used in this section, "department enforcement action"
793-means an action of the department of environmental management
794-commenced under IC 13-30-3.
795-(c) As used in this section, "enforcement order" means an order,
796-including an agreed order under IC 13-30-3-3:
1440+subdivisions.".
1441+Page 14, delete lines 1 through 33.
1442+Page 15, line 29, delete "IC 13-30-3-3, resulting from a" and insert
1443+"IC 13-30-3-3:
7971444 (1) resulting from a department enforcement action; and
7981445 (2) relating to environmental or health and human safety
799-issues.
800-(d) As used in this section, "wastewater utility" means any of
801-the following that provides wastewater service in Indiana:
802-(1) A public utility (as defined in IC 8-1-2-1(a)).
803-(2) A municipally owned utility (as defined in IC 8-1-2-1(h)).
804-(3) A not-for-profit utility (as defined in IC 8-1-2-125(a)).
805-(4) A cooperatively owned corporation.
806-(5) A conservancy district established under IC 14-33.
807-(6) A regional sewer district established under IC 13-26.
808-SEA 272 — Concur 20
809-(e) The following apply to a wastewater utility that is subject to
810-this section:
811-(1) Upon the issuance of the first enforcement order with
812-respect to the wastewater utility, the commission shall:
813-(A) perform an informal review, using such procedures as
814-the commission may choose, of the rates and charges of the
815-wastewater utility to determine if the rates and charges are
816-sufficient to:
817-(i) operate and maintain the wastewater utility's
818-collection and treatment system; and
819-(ii) pay all obligations of the wastewater utility's
820-collection and treatment system; and
821-(B) determine whether all elements of an adequate asset
822-management program are in place with respect to the
823-wastewater utility's collection and treatment system.
824-In making a determination under clause (B), the commission
825-may consult with the drinking water and wastewater
826-infrastructure research and extension program authorized by
827-IC 5-1.2-11.5-10. Notwithstanding IC 8-1-1-5(b), commission
828-staff shall not be subject to cross examination in any
829-subsequent proceeding in connection with any documents
830-prepared during an informal review under this subdivision.
831-(2) If a second enforcement order is issued with respect to the
832-wastewater utility within two (2) years of the effective date of
833-the first enforcement order, the wastewater utility:
834-(A) shall undergo a base rate case before the commission;
835-and
836-(B) becomes subject to the jurisdiction of the commission
837-for the approval of rates and charges upon the effective
838-date of the second enforcement order.
839-After this first required rate case, the wastewater utility shall
840-undergo one (1) subsequent rate case before the commission
841-not earlier than three (3) years after the effective date of the
842-commission's order in the first rate case under this
843-subdivision. The wastewater utility shall remain subject to the
844-jurisdiction of the commission for the approval of rates and
845-charges for a minimum of five (5) years from the effective
846-date of the commission's order in the first rate case under this
847-subdivision and for at least one (1) year after the effective
848-date of the commission's order in the second rate case under
849-this subdivision. For purposes of determining rates and
850-charges under this subdivision, if the wastewater utility also
851-SEA 272 — Concur 21
852-provides storm water services or is considered a combined
853-sewer system, the commission may consider any revenues
854-collected by the wastewater utility for storm water services.
855-However, the commission may not order storm water rates to
856-be adjusted.
857-(3) Notwithstanding IC 8-1-2.7, if the wastewater utility:
1446+issues.".
1447+Page 15, delete line 30.
1448+Page 16, line 1, delete "a summary" and insert "an informal".
1449+Page 16, line 13, after "the" insert "drinking".
1450+Page 16, line 15, after "IC 5-1.2-11.5-10." insert "Notwithstanding
1451+IC 8-1-1-5(b), commission staff shall not be subject to cross
1452+examination in any subsequent proceeding in connection with any
1453+documents prepared during an informal review under this
1454+subdivision.".
1455+Page 16, line 23, delete "commission's final order in the
1456+ES 272—LS 7160/DI 101 33
1457+proceeding." and insert "second enforcement order.".
1458+Page 16, line 32, delete "subdivision." and insert "subdivision and
1459+for at least one (1) year after the effective date of the commission's
1460+order in the second rate case under this subdivision. For purposes
1461+of determining rates and charges under this subdivision, if the
1462+wastewater utility also provides storm water services or is
1463+considered a combined sewer system, the commission may consider
1464+any revenues collected by the wastewater utility for storm water
1465+services. However, the commission may not order storm water
1466+rates to be adjusted.".
1467+Page 16, between lines 32 and 33, begin a new line block indented
1468+and insert:
1469+"(3) Notwithstanding IC 8-1-2.7, if the wastewater utility:
8581470 (A) satisfies the requirements set forth in subdivision (2);
8591471 and
8601472 (B) is not issued any additional enforcement orders during
8611473 the rate regulation period described in subdivision (2);
8621474 the wastewater utility shall provide to the commission written
8631475 notice to that effect. If the commission determines that the
8641476 wastewater utility has satisfied the requirements set forth in
8651477 subdivision (2) and has not been issued any additional
8661478 enforcement orders during the rate regulation period
8671479 described in subdivision (2), the wastewater utility shall be
868-withdrawn from the commission's jurisdiction.
869-(4) If, during the rate regulation period described in
870-subdivision (2):
871-(A) one (1) or more additional enforcement orders are
872-issued with respect to the wastewater utility; or
873-(B) the commissioner of the department of environmental
874-management otherwise determines that environmental or
875-health and human safety considerations so warrant;
876-the commission may, in consultation with the department of
877-environmental management, initiate a receivership
878-proceeding with respect to the wastewater utility.
879-(5) Subdivision (1) applies with respect to any enforcement
880-order that is issued with respect to the wastewater utility after
881-the completion of the rate regulation period described in
882-subdivision (2).
883-(f) The commission may enter into an agreement with the
1480+withdrawn from the commission's jurisdiction.".
1481+Page 16, line 33, delete "(3)" and insert "(4)".
1482+Page 16, line 33, delete "period of".
1483+Page 17, line 1, delete "4" and insert "(5)".
1484+Page 17, between lines 4 and 5, begin a new paragraph and insert:
1485+"(f) The commission may enter into an agreement with the
8841486 department to carry out the requirements set forth in subsection
885-(e).
886-(g) An action by the department of environmental management
887-under this section is subject to review under IC 4-21.5.
888-(h) An action by the commission under this section is subject to
889-review under IC 8-1-3.
890-SECTION 13. IC 20-32-4-15 IS ADDED TO THE INDIANA
891-CODE AS A NEW SECTION TO READ AS FOLLOWS
892-[EFFECTIVE JULY 1, 2022]: Sec. 15. (a) The following definitions
893-apply throughout this section:
894-SEA 272 — Concur 22
895-(1) "Utility career cluster" means a list:
896-(A) compiled for purposes of college and career pathways
897-relating to career and technical education under section
898-1.5(g) of this chapter; and
899-(B) setting forth industries or occupational fields that:
900-(i) are related to the provision of utility services; and
901-(ii) share similar knowledge and skill training
902-requirements.
903-(2) "Utility services" includes:
904-(A) production, transmission, or distribution of electricity;
905-(B) acquisition, transportation, distribution, or storage of
906-natural gas;
907-(C) provision of communications service (as defined in
908-IC 8-1-32.5-3);
909-(D) treatment, storage, or distribution of water; and
910-(E) collection or treatment of wastewater.
911-(b) Not later than December 31, 2022:
912-(1) the state board shall, for purposes of approving under
913-section 1.5(g) of this chapter sequences of courses leading to
914-student concentrators in industries or occupational fields
915-related to the provision of utility services, approve a utility
916-career cluster; and
917-(2) the governor's workforce cabinet shall, in consultation
918-with the state board, the department, and the department of
919-workforce development, create one (1) or more course
920-sequences:
921-(A) each of which consists of courses approved by the state
922-board for purposes of college and career pathways relating
923-to career and technical education under section 1.5(g) of
924-this chapter; and
925-(B) each of which provides students with knowledge and
926-skills necessary for employment in an industry or
927-occupational field in the utility career cluster.
928-(c) In creating one (1) or more course sequences under
929-subsection (b)(2), the governor's workforce cabinet, in consultation
930-with the state board, the department, and the department of
931-workforce development, shall:
932-(1) consider the impact of course sequences on the long term
933-outcomes of students; and
934-(2) prioritize course sequences that lead to high wage, high
935-demand jobs.
936-SECTION 14. IC 20-32-4-16 IS ADDED TO THE INDIANA
937-SEA 272 — Concur 23
938-CODE AS A NEW SECTION TO READ AS FOLLOWS
939-[EFFECTIVE JULY 1, 2022]: Sec. 16. (a) This section applies to any:
940-(1) career clusters approved or amended by the state board
941-under this chapter after June 30, 2022; or
942-(2) course sequences created or amended by the governor's
943-workforce cabinet under this chapter after June 30, 2022.
944-(b) The governor's workforce cabinet shall do the following:
945-(1) Collect data each year regarding approved career clusters
946-and course sequences to inform decision making around
947-approving, creating, and amending current and future career
948-clusters and course sequence requirements.
949-(2) Prepare and submit, not later than November 1 of each
950-year, a report to the legislative council in an electronic format
951-under IC 5-14-6 regarding the data collected under
952-subdivision (1).
953-SECTION 15. An emergency is declared for this act.
954-SEA 272 — Concur President of the Senate
955-President Pro Tempore
956-Speaker of the House of Representatives
957-Governor of the State of Indiana
958-Date: Time:
959-SEA 272 — Concur
1487+(e).".
1488+Page 17, line 5, delete "(f) An action by the commission or" and
1489+insert "(g) An action by".
1490+Page 17, between lines 7 and 8, begin a new paragraph and insert:
1491+"(h) An action by the commission under this section is subject to
1492+review under IC 8-1-3.".
1493+Renumber all SECTIONS consecutively.
1494+and when so amended that said bill do pass.
1495+(Reference is to SB 272 as introduced.)
1496+ES 272—LS 7160/DI 101 34
1497+KOCH, Chairperson
1498+Committee Vote: Yeas 10, Nays 0.
1499+_____
1500+SENATE MOTION
1501+Madam President: I move that Senate Bill 272 be amended to read
1502+as follows:
1503+Page 8, line 13, after "financial" insert "assistance".
1504+Page 8, line 25, delete "and".
1505+Page 8, line 29, delete "asset." and insert "asset; and".
1506+Page 8, between lines 29 and 30, begin a new line double block
1507+indented and insert:
1508+"(C) in the case of a participant that is not under the
1509+jurisdiction of the Indiana utility regulatory commission,
1510+must regularly report, at such times and in such manner as
1511+the authority shall prescribe, to all:
1512+(i) customers;
1513+(ii) counties; and
1514+(iii) municipalities;
1515+within the participant's service territory such information
1516+concerning the participant's asset management program
1517+and utility asset life cycle management costs as the
1518+authority may require.".
1519+Page 14, line 23, delete "and".
1520+Page 14, line 27, after "asset;" insert "and".
1521+Page 14, between lines 27 and 28, begin a new line double block
1522+indented and insert:
1523+"(C) in the case of a participant that is not under the
1524+jurisdiction of the Indiana utility regulatory commission,
1525+must regularly report, at such times and in such manner as
1526+the authority shall prescribe, to all:
1527+(i) customers;
1528+(ii) counties; and
1529+(iii) municipalities;
1530+within the participant's service territory such information
1531+concerning the participant's asset management program
1532+and utility asset life cycle management costs as the
1533+authority may require;".
1534+Page 14, line 29, after "2023;" insert "and".
1535+Page 14, line 34, delete "activity; and" and insert "activity.".
1536+ES 272—LS 7160/DI 101 35
1537+Page 14, delete lines 35 through 42.
1538+Page 15, delete lines 1 through 3.
1539+Page 17, line 27, delete "and".
1540+Page 17, line 31, after "asset;" insert "and".
1541+Page 17, between lines 31 and 32, begin a new line double block
1542+indented and insert:
1543+"(C) in the case of a participant that is not under the
1544+jurisdiction of the Indiana utility regulatory commission,
1545+must regularly report, at such times and in such manner as
1546+the authority shall prescribe, to all:
1547+(i) customers;
1548+(ii) counties; and
1549+(iii) municipalities;
1550+within the participant's service territory such information
1551+concerning the participant's asset management program
1552+and utility asset life cycle management costs as the
1553+authority may require;".
1554+Page 17, line 33, after "2023;" insert "and".
1555+Page 17, line 38, delete "activity; and" and insert "activity.".
1556+Page 17, delete lines 39 through 42.
1557+Page 18, delete lines 1 through 7.
1558+Page 20, line 12, delete "established" and insert "authorized".
1559+Page 22, line 7, delete "services" and insert "service".
1560+Page 22, line 42, delete "2022;" and insert "2022.".
1561+(Reference is to SB 272 as printed January 19, 2022.)
1562+KOCH
1563+_____
1564+COMMITTEE REPORT
1565+Mr. Speaker: Your Committee on Utilities, Energy and
1566+Telecommunications, to which was referred Senate Bill 272, has had
1567+the same under consideration and begs leave to report the same back
1568+to the House with the recommendation that said bill be amended as
1569+follows:
1570+Page 8, line 8, strike "the".
1571+and when so amended that said bill do pass.
1572+ES 272—LS 7160/DI 101 36
1573+(Reference is to SB 272 as reprinted January 25, 2022.)
1574+SOLIDAY
1575+Committee Vote: yeas 11, nays 0.
1576+ES 272—LS 7160/DI 101