LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS 200 W. Washington St., Suite 301 Indianapolis, IN 46204 (317) 233-0696 iga.in.gov FISCAL IMPACT STATEMENT LS 6998 NOTE PREPARED: Feb 2, 2022 BILL NUMBER: SB 370 BILL AMENDED: Jan 31, 2022 SUBJECT: Community Infrastructure Improvement Districts. FIRST AUTHOR: Sen. Buchanan BILL STATUS: As Passed Senate FIRST SPONSOR: Rep. Lehman FUNDS AFFECTED: GENERAL IMPACT: Local DEDICATED FEDERAL Summary of Legislation: The bill creates a procedure to establish a Community Infrastructure Improvement District. It specifies that the procedure added by the bill allowing for the establishment of a Community Infrastructure Improvement District does not authorize the unit to establish a district that overlaps with an Economic Improvement District. It also requires a petition for the establishment of a Community Infrastructure Improvement District to include a rate and methodology report. It specifies the contents of the report. The bill specifies the basis upon which benefits accruing to parcels of real property within a Community Infrastructure Improvement District may be apportioned among those parcels. It also requires a determination that the aggregate assessments within a district do not exceed 30% of the projected assessed value of property within the district before a legislative body may adopt an ordinance to establish a district. The bill requires a Community Infrastructure Improvement Board to assist the County Treasurer in order to make certain specified determinations and designations regarding annual assessments within a district. It adds specific provisions that apply to the Community Infrastructure Improvement Board’s issuance of revenue bonds. Effective Date: July 1, 2022. Explanation of State Expenditures: Explanation of State Revenues: SB 370 1 Explanation of Local Expenditures: County Treasurer: The County Treasurer shall make certain specific determinations and designations regarding annual assessments within an Community Infrastructure Improvement District. The Community Infrastructure Improvement Board will provide assistance with this process. The bill’s requirements are within a County Treasurer’s routine administrative functions. Community Infrastructure Improvement District: The bill allows for the establishment of Community Infrastructure Improvement Districts. The bill does not authorize Community Infrastructure Improvement District to overlap with an Economic Improvement District. Community Infrastructure Improvement Board: The bill requires the establishment of a Community Infrastructure Improvement Board if a district is established. The board is created by the legislative body. The board must establish a Community Infrastructure Improvement Fund. The bill allows a Community Infrastructure Improvement Board to issue bonds to finance the economic improvement projects in a district. The special assessments made on the properties within the district would be used to pay the bonds. The bonds would not be an obligation of the local unit that established the district. Public Hearing Provision: A local unit may need to hold additional public hearings for a proposed Community Infrastructure Improvement District. The local unit must hear all real property owners in the proposed district who appear and request to be heard upon certain questions. The legislative body may adopt an ordinance only if it determines that the petition has been signed by 100% of the real property owners subject to assessment within the proposed district. Explanation of Local Revenues: Community Infrastructure Improvement Petition: The bill requires that the total of all assessments made on the properties within a Community Infrastructure Improvement District do not exceed 30% of the projected AV of all the properties in the district. This requirement will impact the scope of the economic improvement projects and the assessments imposed on the properties within the district. Community Infrastructure Improvement Fund: Assessments collected for the Community Infrastructure Improvement District must be paid to the board and deposited in a Community Infrastructure Improvement Fund. Any money earned from the investment of money in the fund becomes a part of the fund. State Agencies Affected: Local Agencies Affected: Counties and municipalities. Information Sources: Fiscal Analyst: Seth Payton, 317-233-3546. SB 370 2