*SB0320.1*
February 21, 2023
SENATE BILL No. 320
_____
DIGEST OF SB 320 (Updated February 20, 2023 11:48 am - DI 55)
Citations Affected: IC 5-1.2.
Synopsis: Brownfields inventory. Allows the Indiana brownfields fund
to be used to pay for assessments or studies conducted under the
Indiana brownfields program. Authorizes the Indiana finance authority
(finance authority) to create and maintain an inventory of brownfields
located in Indiana. Authorizes the finance authority: (1) to contract
with one or more state supported colleges or universities for assistance
in creating and maintaining the inventory; and (2) to pay costs arising
from the creation and maintenance of the inventory with funds
appropriated to the Indiana brownfields fund. Provides that, if the
inventory is created, the finance authority shall report the contents of
the inventory to the interim study committee on environmental affairs
in 2024 and in each succeeding even-numbered calendar year.
Effective: July 1, 2023.
Zay, Bassler
January 12, 2023, read first time and referred to Committee on Environmental Affairs.
February 20, 2023, amended, reported favorably — Do Pass.
SB 320—LS 7142/DI 150 February 21, 2023
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
SENATE BILL No. 320
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-1.2-12-0.5 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2023]: Sec. 0.5. The following definitions
4 apply throughout this chapter:
5 (1) "Brownfield" has the meaning set forth in IC 13-11-2-19.3.
6 (2) "Inventory" refers to the inventory of brownfields located
7 in Indiana that the authority is authorized to create and
8 maintain under section 14 of this chapter.
9 SECTION 2. IC 5-1.2-12-3, AS AMENDED BY P.L.10-2019,
10 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2023]: Sec. 3. (a) The Indiana brownfields fund is established
12 to provide money for:
13 (1) grants, loans, and other financial assistance provided to or for
14 the benefit of political subdivisions; and
15 (2) assessments or studies conducted;
16 under this chapter. The authority shall administer, hold, and manage
17 the Indiana brownfields fund.
SB 320—LS 7142/DI 150 2
1 (b) Money in the fund at the end of a state fiscal year does not revert
2 to the state general fund.
3 (c) Expenses of administering the Indiana brownfields fund shall be
4 paid from money in the Indiana brownfields fund.
5 (d) The Indiana brownfields fund consists of the following:
6 (1) Appropriations made by the general assembly.
7 (2) Grants and gifts intended for deposit in the Indiana
8 brownfields fund.
9 (3) Repayments of loans and other financial assistance from the
10 Indiana brownfields fund, including premiums, interest, and
11 penalties.
12 (4) Proceeds from the sale of loans and other financial assistance
13 under section 8 of this chapter.
14 (5) Interest, premiums, gains, or other earnings on the Indiana
15 brownfields fund.
16 (6) Money transferred from the hazardous substances response
17 trust fund under IC 13-25-4-1(a)(9).
18 (7) Fees collected under section 6 of this chapter.
19 (8) Money transferred from the underground petroleum storage
20 tank excess liability trust fund under IC 13-23-7 for the purpose
21 of environmental assessment and remediation on a property
22 containing at least one (1) underground storage tank.
23 (9) Money transferred from the petroleum trust fund under
24 IC 13-23-12-4(1) for the purpose of corrective actions that
25 involve releases of regulated substances from underground
26 storage tanks and are ineligible to receive funds from the
27 underground petroleum storage tank excess liability trust fund
28 under IC 13-23-7.
29 (e) The authority shall invest the money in the Indiana brownfields
30 fund not currently needed to meet the obligations of the Indiana
31 brownfields fund in accordance with an investment policy adopted by
32 the authority. Interest, premiums, gains, or other earnings from the
33 investments shall be credited to and deposited in the Indiana
34 brownfields fund.
35 (f) As an alternative to subsection (e), the authority may invest or
36 cause to be invested all or a part of the Indiana brownfields fund in a
37 fiduciary account or accounts with a trustee that is a financial
38 institution. Notwithstanding any other law, any investment may be
39 made by the trustee in accordance with one (1) or more trust
40 agreements or indentures. A trust agreement or indenture may allow
41 disbursements by the trustee to the authority, a participant, or any other
42 person as provided in the trust agreement or indenture.
SB 320—LS 7142/DI 150 3
1 SECTION 3. IC 5-1.2-12-14 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2023]: Sec. 14. (a) The authority may create and maintain an
4 inventory of brownfields located in Indiana. If created under this
5 section, the inventory must include all properties in Indiana that
6 are known to the authority to meet the definition of "brownfield"
7 set forth in IC 13-11-2-19.3. A property included in the inventory
8 may be removed from the inventory when it no longer meets the
9 definition set forth in IC 13-11-2-19.3.
10 (b) The authority may contract with one (1) or more state
11 supported colleges or universities in Indiana for assistance in
12 creating and maintaining the inventory.
13 (c) The authority may pay costs arising from the creation and
14 maintenance of the inventory with funds appropriated to the
15 Indiana brownfields fund established by section 3 of this chapter.
16 (d) If the inventory is created under this section, the authority
17 shall report the contents of the inventory in writing:
18 (1) not later than September 1, 2024, in calendar year 2024;
19 and
20 (2) not later than September 1 in each even-numbered
21 calendar year after 2024;
22 to the interim study committee on environmental affairs
23 established by IC 2-5-1.3-4(9). A report prepared under this
24 subsection may include findings and recommendations of the
25 authority concerning brownfields and shall be transmitted to the
26 executive director of the legislative services agency in an electronic
27 format under IC 5-14-6 for distribution to the members of the
28 interim study committee on environmental affairs.
29 (e) If the inventory is created under this section, the authority,
30 in creating and maintaining the inventory, shall use data
31 concerning brownfields in a manner consistent with IC 5-14-3-4 to
32 protect the confidentiality of confidential information of or about
33 the owner of a brownfield.
SB 320—LS 7142/DI 150 4
COMMITTEE REPORT
Madam President: The Senate Committee on Environmental Affairs,
to which was referred Senate Bill No. 320, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 1, delete lines 1 through 17, begin a new paragraph and insert:
"SECTION 1. IC 5-1.2-12-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 0.5. The following definitions
apply throughout this chapter:
(1) "Brownfield" has the meaning set forth in IC 13-11-2-19.3.
(2) "Inventory" refers to the inventory of brownfields located
in Indiana that the authority is authorized to create and
maintain under section 14 of this chapter.
SECTION 2. IC 5-1.2-12-3, AS AMENDED BY P.L.10-2019,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 3. (a) The Indiana brownfields fund is established
to provide money for:
(1) grants, loans, and other financial assistance provided to or for
the benefit of political subdivisions; and
(2) assessments or studies conducted;
under this chapter. The authority shall administer, hold, and manage
the Indiana brownfields fund.
(b) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
(c) Expenses of administering the Indiana brownfields fund shall be
paid from money in the Indiana brownfields fund.
(d) The Indiana brownfields fund consists of the following:
(1) Appropriations made by the general assembly.
(2) Grants and gifts intended for deposit in the Indiana
brownfields fund.
(3) Repayments of loans and other financial assistance from the
Indiana brownfields fund, including premiums, interest, and
penalties.
(4) Proceeds from the sale of loans and other financial assistance
under section 8 of this chapter.
(5) Interest, premiums, gains, or other earnings on the Indiana
brownfields fund.
(6) Money transferred from the hazardous substances response
trust fund under IC 13-25-4-1(a)(9).
(7) Fees collected under section 6 of this chapter.
SB 320—LS 7142/DI 150 5
(8) Money transferred from the underground petroleum storage
tank excess liability trust fund under IC 13-23-7 for the purpose
of environmental assessment and remediation on a property
containing at least one (1) underground storage tank.
(9) Money transferred from the petroleum trust fund under
IC 13-23-12-4(1) for the purpose of corrective actions that
involve releases of regulated substances from underground
storage tanks and are ineligible to receive funds from the
underground petroleum storage tank excess liability trust fund
under IC 13-23-7.
(e) The authority shall invest the money in the Indiana brownfields
fund not currently needed to meet the obligations of the Indiana
brownfields fund in accordance with an investment policy adopted by
the authority. Interest, premiums, gains, or other earnings from the
investments shall be credited to and deposited in the Indiana
brownfields fund.
(f) As an alternative to subsection (e), the authority may invest or
cause to be invested all or a part of the Indiana brownfields fund in a
fiduciary account or accounts with a trustee that is a financial
institution. Notwithstanding any other law, any investment may be
made by the trustee in accordance with one (1) or more trust
agreements or indentures. A trust agreement or indenture may allow
disbursements by the trustee to the authority, a participant, or any other
person as provided in the trust agreement or indenture.".
Page 2, delete lines 1 through 36.
Page 2, line 39, delete "As used in this section, "brownfield" has
the" and insert "The authority may create and maintain an
inventory of brownfields located in Indiana. If created under this
section, the inventory must include all properties in Indiana that
are known to the authority to meet the definition of "brownfield"
set forth in IC 13-11-2-19.3. A property included in the inventory
may be removed from the inventory when it no longer meets the
definition set forth in IC 13-11-2-19.3.
(b) The authority may contract with one (1) or more state
supported colleges or universities in Indiana for assistance in
creating and maintaining the inventory.
(c) The authority may pay costs arising from the creation and
maintenance of the inventory with funds appropriated to the
Indiana brownfields fund established by section 3 of this chapter.
(d) If the inventory is created under this section, the authority
shall report the contents of the inventory in writing:
(1) not later than September 1, 2024, in calendar year 2024;
SB 320—LS 7142/DI 150 6
and
(2) not later than September 1 in each even-numbered
calendar year after 2024;
to the interim study committee on environmental affairs
established by IC 2-5-1.3-4(9). A report prepared under this
subsection may include findings and recommendations of the
authority concerning brownfields and shall be transmitted to the
executive director of the legislative services agency in an electronic
format under IC 5-14-6 for distribution to the members of the
interim study committee on environmental affairs.
(e) If the inventory is created under this section, the authority,
in creating and maintaining the inventory, shall use data
concerning brownfields in a manner consistent with IC 5-14-3-4 to
protect the confidentiality of confidential information of or about
the owner of a brownfield.".
Page 2, delete lines 40 through 42.
Delete page 3.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 320 as introduced.)
NIEMEYER, Chairperson
Committee Vote: Yeas 10, Nays 0.
SB 320—LS 7142/DI 150