IN
Indiana Senate Bill SB0320

Indiana 2023 Regular Session

Indiana Senate Bill SB0320 Compare Versions

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1-*SB0320.1*
2-February 21, 2023
1+
2+Introduced Version
33 SENATE BILL No. 320
44 _____
5-DIGEST OF SB 320 (Updated February 20, 2023 11:48 am - DI 55)
6-Citations Affected: IC 5-1.2.
7-Synopsis: Brownfields inventory. Allows the Indiana brownfields fund
8-to be used to pay for assessments or studies conducted under the
9-Indiana brownfields program. Authorizes the Indiana finance authority
10-(finance authority) to create and maintain an inventory of brownfields
11-located in Indiana. Authorizes the finance authority: (1) to contract
12-with one or more state supported colleges or universities for assistance
13-in creating and maintaining the inventory; and (2) to pay costs arising
14-from the creation and maintenance of the inventory with funds
15-appropriated to the Indiana brownfields fund. Provides that, if the
16-inventory is created, the finance authority shall report the contents of
17-the inventory to the interim study committee on environmental affairs
18-in 2024 and in each succeeding even-numbered calendar year.
5+DIGEST OF INTRODUCED BILL
6+Citations Affected: IC 5-1.2-12; IC 5-28-41-17.
7+Synopsis: Environmental waste inventory and grant program. Directs
8+the Public Policy Institute at Indiana University to conduct an
9+assessment of each county's brownfield liabilities. Reserves 20% of all
10+future READI grants for eligible counties that have performed an
11+environmental assessment with the Public Policy Institute.
1912 Effective: July 1, 2023.
20-Zay, Bassler
13+Zay
2114 January 12, 2023, read first time and referred to Committee on Environmental Affairs.
22-February 20, 2023, amended, reported favorably — Do Pass.
23-SB 320—LS 7142/DI 150 February 21, 2023
15+2023 IN 320—LS 7142/DI 150 Introduced
2416 First Regular Session of the 123rd General Assembly (2023)
2517 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2618 Constitution) is being amended, the text of the existing provision will appear in this style type,
2719 additions will appear in this style type, and deletions will appear in this style type.
2820 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2921 provision adopted), the text of the new provision will appear in this style type. Also, the
3022 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3123 a new provision to the Indiana Code or the Indiana Constitution.
3224 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3325 between statutes enacted by the 2022 Regular Session of the General Assembly.
3426 SENATE BILL No. 320
3527 A BILL FOR AN ACT to amend the Indiana Code concerning
3628 environmental law.
3729 Be it enacted by the General Assembly of the State of Indiana:
38-1 SECTION 1. IC 5-1.2-12-0.5 IS ADDED TO THE INDIANA
39-2 CODE AS A NEW SECTION TO READ AS FOLLOWS
40-3 [EFFECTIVE JULY 1, 2023]: Sec. 0.5. The following definitions
41-4 apply throughout this chapter:
42-5 (1) "Brownfield" has the meaning set forth in IC 13-11-2-19.3.
43-6 (2) "Inventory" refers to the inventory of brownfields located
44-7 in Indiana that the authority is authorized to create and
45-8 maintain under section 14 of this chapter.
46-9 SECTION 2. IC 5-1.2-12-3, AS AMENDED BY P.L.10-2019,
47-10 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
48-11 JULY 1, 2023]: Sec. 3. (a) The Indiana brownfields fund is established
49-12 to provide money for:
50-13 (1) grants, loans, and other financial assistance provided to or for
51-14 the benefit of political subdivisions; and
52-15 (2) assessments or studies conducted;
53-16 under this chapter. The authority shall administer, hold, and manage
54-17 the Indiana brownfields fund.
55-SB 320—LS 7142/DI 150 2
56-1 (b) Money in the fund at the end of a state fiscal year does not revert
57-2 to the state general fund.
58-3 (c) Expenses of administering the Indiana brownfields fund shall be
59-4 paid from money in the Indiana brownfields fund.
60-5 (d) The Indiana brownfields fund consists of the following:
61-6 (1) Appropriations made by the general assembly.
62-7 (2) Grants and gifts intended for deposit in the Indiana
63-8 brownfields fund.
64-9 (3) Repayments of loans and other financial assistance from the
65-10 Indiana brownfields fund, including premiums, interest, and
66-11 penalties.
67-12 (4) Proceeds from the sale of loans and other financial assistance
68-13 under section 8 of this chapter.
69-14 (5) Interest, premiums, gains, or other earnings on the Indiana
70-15 brownfields fund.
71-16 (6) Money transferred from the hazardous substances response
72-17 trust fund under IC 13-25-4-1(a)(9).
73-18 (7) Fees collected under section 6 of this chapter.
74-19 (8) Money transferred from the underground petroleum storage
75-20 tank excess liability trust fund under IC 13-23-7 for the purpose
76-21 of environmental assessment and remediation on a property
77-22 containing at least one (1) underground storage tank.
78-23 (9) Money transferred from the petroleum trust fund under
79-24 IC 13-23-12-4(1) for the purpose of corrective actions that
80-25 involve releases of regulated substances from underground
81-26 storage tanks and are ineligible to receive funds from the
82-27 underground petroleum storage tank excess liability trust fund
83-28 under IC 13-23-7.
84-29 (e) The authority shall invest the money in the Indiana brownfields
85-30 fund not currently needed to meet the obligations of the Indiana
86-31 brownfields fund in accordance with an investment policy adopted by
87-32 the authority. Interest, premiums, gains, or other earnings from the
88-33 investments shall be credited to and deposited in the Indiana
89-34 brownfields fund.
90-35 (f) As an alternative to subsection (e), the authority may invest or
91-36 cause to be invested all or a part of the Indiana brownfields fund in a
92-37 fiduciary account or accounts with a trustee that is a financial
93-38 institution. Notwithstanding any other law, any investment may be
94-39 made by the trustee in accordance with one (1) or more trust
95-40 agreements or indentures. A trust agreement or indenture may allow
96-41 disbursements by the trustee to the authority, a participant, or any other
97-42 person as provided in the trust agreement or indenture.
98-SB 320—LS 7142/DI 150 3
99-1 SECTION 3. IC 5-1.2-12-14 IS ADDED TO THE INDIANA CODE
100-2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
101-3 1, 2023]: Sec. 14. (a) The authority may create and maintain an
102-4 inventory of brownfields located in Indiana. If created under this
103-5 section, the inventory must include all properties in Indiana that
104-6 are known to the authority to meet the definition of "brownfield"
105-7 set forth in IC 13-11-2-19.3. A property included in the inventory
106-8 may be removed from the inventory when it no longer meets the
107-9 definition set forth in IC 13-11-2-19.3.
108-10 (b) The authority may contract with one (1) or more state
109-11 supported colleges or universities in Indiana for assistance in
110-12 creating and maintaining the inventory.
111-13 (c) The authority may pay costs arising from the creation and
112-14 maintenance of the inventory with funds appropriated to the
113-15 Indiana brownfields fund established by section 3 of this chapter.
114-16 (d) If the inventory is created under this section, the authority
115-17 shall report the contents of the inventory in writing:
116-18 (1) not later than September 1, 2024, in calendar year 2024;
117-19 and
118-20 (2) not later than September 1 in each even-numbered
119-21 calendar year after 2024;
120-22 to the interim study committee on environmental affairs
121-23 established by IC 2-5-1.3-4(9). A report prepared under this
122-24 subsection may include findings and recommendations of the
123-25 authority concerning brownfields and shall be transmitted to the
124-26 executive director of the legislative services agency in an electronic
125-27 format under IC 5-14-6 for distribution to the members of the
126-28 interim study committee on environmental affairs.
127-29 (e) If the inventory is created under this section, the authority,
128-30 in creating and maintaining the inventory, shall use data
129-31 concerning brownfields in a manner consistent with IC 5-14-3-4 to
130-32 protect the confidentiality of confidential information of or about
131-33 the owner of a brownfield.
132-SB 320—LS 7142/DI 150 4
133-COMMITTEE REPORT
134-Madam President: The Senate Committee on Environmental Affairs,
135-to which was referred Senate Bill No. 320, has had the same under
136-consideration and begs leave to report the same back to the Senate with
137-the recommendation that said bill be AMENDED as follows:
138-Page 1, delete lines 1 through 17, begin a new paragraph and insert:
139-"SECTION 1. IC 5-1.2-12-0.5 IS ADDED TO THE INDIANA
140-CODE AS A NEW SECTION TO READ AS FOLLOWS
141-[EFFECTIVE JULY 1, 2023]: Sec. 0.5. The following definitions
142-apply throughout this chapter:
143-(1) "Brownfield" has the meaning set forth in IC 13-11-2-19.3.
144-(2) "Inventory" refers to the inventory of brownfields located
145-in Indiana that the authority is authorized to create and
146-maintain under section 14 of this chapter.
147-SECTION 2. IC 5-1.2-12-3, AS AMENDED BY P.L.10-2019,
148-SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
149-JULY 1, 2023]: Sec. 3. (a) The Indiana brownfields fund is established
150-to provide money for:
151-(1) grants, loans, and other financial assistance provided to or for
152-the benefit of political subdivisions; and
153-(2) assessments or studies conducted;
154-under this chapter. The authority shall administer, hold, and manage
155-the Indiana brownfields fund.
156-(b) Money in the fund at the end of a state fiscal year does not revert
157-to the state general fund.
158-(c) Expenses of administering the Indiana brownfields fund shall be
159-paid from money in the Indiana brownfields fund.
160-(d) The Indiana brownfields fund consists of the following:
161-(1) Appropriations made by the general assembly.
162-(2) Grants and gifts intended for deposit in the Indiana
163-brownfields fund.
164-(3) Repayments of loans and other financial assistance from the
165-Indiana brownfields fund, including premiums, interest, and
166-penalties.
167-(4) Proceeds from the sale of loans and other financial assistance
168-under section 8 of this chapter.
169-(5) Interest, premiums, gains, or other earnings on the Indiana
170-brownfields fund.
171-(6) Money transferred from the hazardous substances response
172-trust fund under IC 13-25-4-1(a)(9).
173-(7) Fees collected under section 6 of this chapter.
174-SB 320—LS 7142/DI 150 5
175-(8) Money transferred from the underground petroleum storage
176-tank excess liability trust fund under IC 13-23-7 for the purpose
177-of environmental assessment and remediation on a property
178-containing at least one (1) underground storage tank.
179-(9) Money transferred from the petroleum trust fund under
180-IC 13-23-12-4(1) for the purpose of corrective actions that
181-involve releases of regulated substances from underground
182-storage tanks and are ineligible to receive funds from the
183-underground petroleum storage tank excess liability trust fund
184-under IC 13-23-7.
185-(e) The authority shall invest the money in the Indiana brownfields
186-fund not currently needed to meet the obligations of the Indiana
187-brownfields fund in accordance with an investment policy adopted by
188-the authority. Interest, premiums, gains, or other earnings from the
189-investments shall be credited to and deposited in the Indiana
190-brownfields fund.
191-(f) As an alternative to subsection (e), the authority may invest or
192-cause to be invested all or a part of the Indiana brownfields fund in a
193-fiduciary account or accounts with a trustee that is a financial
194-institution. Notwithstanding any other law, any investment may be
195-made by the trustee in accordance with one (1) or more trust
196-agreements or indentures. A trust agreement or indenture may allow
197-disbursements by the trustee to the authority, a participant, or any other
198-person as provided in the trust agreement or indenture.".
199-Page 2, delete lines 1 through 36.
200-Page 2, line 39, delete "As used in this section, "brownfield" has
201-the" and insert "The authority may create and maintain an
202-inventory of brownfields located in Indiana. If created under this
203-section, the inventory must include all properties in Indiana that
204-are known to the authority to meet the definition of "brownfield"
205-set forth in IC 13-11-2-19.3. A property included in the inventory
206-may be removed from the inventory when it no longer meets the
207-definition set forth in IC 13-11-2-19.3.
208-(b) The authority may contract with one (1) or more state
209-supported colleges or universities in Indiana for assistance in
210-creating and maintaining the inventory.
211-(c) The authority may pay costs arising from the creation and
212-maintenance of the inventory with funds appropriated to the
213-Indiana brownfields fund established by section 3 of this chapter.
214-(d) If the inventory is created under this section, the authority
215-shall report the contents of the inventory in writing:
216-(1) not later than September 1, 2024, in calendar year 2024;
217-SB 320—LS 7142/DI 150 6
218-and
219-(2) not later than September 1 in each even-numbered
220-calendar year after 2024;
221-to the interim study committee on environmental affairs
222-established by IC 2-5-1.3-4(9). A report prepared under this
223-subsection may include findings and recommendations of the
224-authority concerning brownfields and shall be transmitted to the
225-executive director of the legislative services agency in an electronic
226-format under IC 5-14-6 for distribution to the members of the
227-interim study committee on environmental affairs.
228-(e) If the inventory is created under this section, the authority,
229-in creating and maintaining the inventory, shall use data
230-concerning brownfields in a manner consistent with IC 5-14-3-4 to
231-protect the confidentiality of confidential information of or about
232-the owner of a brownfield.".
233- Page 2, delete lines 40 through 42.
234-Delete page 3.
235-Renumber all SECTIONS consecutively.
236-and when so amended that said bill do pass.
237-(Reference is to SB 320 as introduced.)
238-NIEMEYER, Chairperson
239-Committee Vote: Yeas 10, Nays 0.
240-SB 320—LS 7142/DI 150
30+1 SECTION 1. IC 5-1.2-12-3, AS AMENDED BY P.L.10-2019,
31+2 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32+3 JULY 1, 2023]: Sec. 3. (a) The Indiana brownfields fund is established
33+4 to provide money for:
34+5 (1) grants;
35+6 (2) assessments or studies;
36+7 (3) loans; and
37+8 (4) other financial assistance;
38+9 to or for the benefit of political subdivisions under this chapter. The
39+10 authority shall administer, hold, and manage the Indiana brownfields
40+11 fund.
41+12 (b) Money in the fund at the end of a state fiscal year does not revert
42+13 to the state general fund.
43+14 (c) Expenses of administering the Indiana brownfields fund shall be
44+15 paid from money in the Indiana brownfields fund.
45+16 (d) The Indiana brownfields fund consists of the following:
46+17 (1) Appropriations made by the general assembly.
47+2023 IN 320—LS 7142/DI 150 2
48+1 (2) Grants and gifts intended for deposit in the Indiana
49+2 brownfields fund.
50+3 (3) Repayments of loans and other financial assistance from the
51+4 Indiana brownfields fund, including premiums, interest, and
52+5 penalties.
53+6 (4) Proceeds from the sale of loans and other financial assistance
54+7 under section 8 of this chapter.
55+8 (5) Interest, premiums, gains, or other earnings on the Indiana
56+9 brownfields fund.
57+10 (6) Money transferred from the hazardous substances response
58+11 trust fund under IC 13-25-4-1(a)(9).
59+12 (7) Fees collected under section 6 of this chapter.
60+13 (8) Money transferred from the underground petroleum storage
61+14 tank excess liability trust fund under IC 13-23-7 for the purpose
62+15 of environmental assessment and remediation on a property
63+16 containing at least one (1) underground storage tank.
64+17 (9) Money transferred from the petroleum trust fund under
65+18 IC 13-23-12-4(1) for the purpose of corrective actions that
66+19 involve releases of regulated substances from underground
67+20 storage tanks and are ineligible to receive funds from the
68+21 underground petroleum storage tank excess liability trust fund
69+22 under IC 13-23-7.
70+23 (e) The authority shall invest the money in the Indiana brownfields
71+24 fund not currently needed to meet the obligations of the Indiana
72+25 brownfields fund in accordance with an investment policy adopted by
73+26 the authority. Interest, premiums, gains, or other earnings from the
74+27 investments shall be credited to and deposited in the Indiana
75+28 brownfields fund.
76+29 (f) As an alternative to subsection (e), the authority may invest or
77+30 cause to be invested all or a part of the Indiana brownfields fund in a
78+31 fiduciary account or accounts with a trustee that is a financial
79+32 institution. Notwithstanding any other law, any investment may be
80+33 made by the trustee in accordance with one (1) or more trust
81+34 agreements or indentures. A trust agreement or indenture may allow
82+35 disbursements by the trustee to the authority, a participant, or any other
83+36 person as provided in the trust agreement or indenture.
84+37 SECTION 2. IC 5-1.2-12-14 IS ADDED TO THE INDIANA CODE
85+38 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
86+39 1, 2023]: Sec. 14. (a) As used in this section, "brownfield" has the
87+40 meaning set forth in IC 13-11-2-19.3.
88+41 (b) As used in this section, "institute" refers to the Public Policy
89+42 Institute at Indiana University.
90+2023 IN 320—LS 7142/DI 150 3
91+1 (c) The institute shall:
92+2 (1) conduct an assessment of each county's brownfield
93+3 liabilities;
94+4 (2) identify the primary causes of brownfields under
95+5 subdivision (1); and
96+6 (3) recommend the best remediation methods for current
97+7 brownfields.
98+8 (d) The institute may work with the authority or county to
99+9 collect county brownfield data.
100+10 (e) The expenses of the institute's assessment shall be split
101+11 between the Indiana brownfields fund described in section 3 of this
102+12 chapter and each county. A county with a population of:
103+13 (1) seventy thousand (70,000) or greater shall pay fifty
104+14 percent (50%); and
105+15 (2) less than seventy thousand (70,000) shall pay twenty-five
106+16 percent (25%);
107+17 of the assessment cost, with the remaining balance paid from the
108+18 Indiana brownfields fund.
109+19 (f) The institute shall issue a report to the environmental affairs
110+20 interim study committee containing the institute's findings and
111+21 recommendations, including any recommended legislation, in an
112+22 electronic format under IC 5-14-6 not later than July 1, 2024.
113+23 (g) This SECTION expires December 1, 2024.
114+24 SECTION 3. IC 5-28-41-17 IS ADDED TO THE INDIANA CODE
115+25 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
116+26 1, 2023]: Sec. 17. (a) After June 30, 2023, twenty percent (20%) of
117+27 all future READI grants shall be reserved for eligible counties that
118+28 have performed an environmental assessment with the Public
119+29 Policy Institute at Indiana University.
120+30 (b) Grant funds reserved for counties that have completed an
121+31 environmental assessment with the Public Policy Institute at
122+32 Indiana University must be used to work on brownfield initiatives.
123+2023 IN 320—LS 7142/DI 150