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 6314 NOTE PREPARED: Dec 6, 2023 BILL NUMBER: HB 1130 BILL AMENDED: SUBJECT: Economic Development Districts. FIRST AUTHOR: Rep. Manning BILL STATUS: As Introduced FIRST SPONSOR: FUNDS AFFECTED: GENERAL IMPACT: Local DEDICATED FEDERAL Summary of Legislation: The bill creates a procedure to establish a Community Infrastructure Improvement District (district). It specifies that the procedure added by the bill allowing for the establishment of a 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 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 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; or (2) in the case of a district that is established for single family residences, do not exceed 10% of the projected assessed value per single family residence within the district before a legislative body may adopt an ordinance to establish a district. The bill requires a Community Infrastructure Improvement Board (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 board’s issuance of revenue bonds. The bill sunsets these provisions after five years. Effective Date: July 1, 2024. HB 1130 1 Explanation of State Expenditures: Explanation of State Revenues: Explanation of Local Expenditures: County Auditors and Clerk Treasurers: The bill’s provisions may result in an increase in both the administrative workload and financial costs for both auditors and clerk treasurers, depending on if the district is being proposed for an unincorporated part of the county or in a municipality, respectively. The auditors and clerk treasurers would serve as the initial recipient for the petitioner’s request to establish a district. Additionally, the auditors and clerk treasurers would be tasked with handling the notice for the public hearing on the request to establish a district. Furthermore, county auditors would need to receive the list of annual assessments to be charged from the board in order to have those amounts reflected on the property tax statements. County Treasurers: County treasurers shall make certain specific determinations and designations regarding annual assessments within a district. The board will provide assistance with this process. The bill’s requirements are within a county treasurer’s routine administrative functions. County Councils and City or Town Councils: The bill’s provisions may result in an increase in the administrative workload for the legislative body of the respective county or city or town. In addition to the routine administrative function of conducting a public hearing, the council would have to verify that the petition requesting the proposed district was signed by 100% of the owners in the district, who would be subject to paying the annual assessment, before adopting an ordinance that establishes the district. Additionally, the council would have to approve any amendments to the original structure of the district and any appointments to the community infrastructure improvement board. 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 of the county or municipality. The board must establish a Community Infrastructure Improvement Fund. The bill allows a 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. Additionally, the board would be tasked with mailing the notice of assessments charged to each individual property owner in the proposed district. The actual cost of the mailing would depend on the number of identified property owners in the district. The board must also share the finalized list of assessments charged with the county auditor so that the auditor’s office can include the charges under the special assessments section on the property tax statement. Furthermore, the board would be required to submit to the county council or city/town council (1) on or before November 1 of each year a proposed budget for the following year and (2) an annual report that summarizes its activities and expenditures during the previous calendar year by February 15 each year. Explanation of Local Revenues: Community Infrastructure Improvement Petition: The bill requires that the total of all assessments made on the properties within a district (1) do not exceed 30% of the projected AV of all the properties in the district; or (2) in the case of a district that is established for single family residences, do not exceed 10% of the projected assessed value per single family residence. 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 district must be paid to the board and deposited in a Community Infrastructure Improvement Fund. Any money earned from the HB 1130 2 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: Bob Sigalow, 317-232-9859; James Johnson, 317-232-9869. HB 1130 3