Introduced Version
HOUSE BILL No. 1242
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 13-23-9-1.7.
Synopsis: Excess liability trust fund. Adds "above ground or below
ground" to existing tank language.
Effective: July 1, 2024.
Morrison
January 9, 2024, read first time and referred to Committee on Environmental Affairs.
2024 IN 1242—LS 6467/DI 150 Introduced
Second Regular Session of the 123rd General Assembly (2024)
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 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1242
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 13-23-9-1.7, AS ADDED BY P.L.176-2023,
2 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 1.7. (a) The administrator may pay an ELTF claim
4 for fifty percent (50%) of the costs of decommissioning or replacing an
5 underground petroleum storage tank, provided that:
6 (1) the applicant is the owner of the tank;
7 (2) such decommissioning or replacement is necessary, in the
8 judgment of the administrator, to protect human health and the
9 environment considering the age, obsolescence, and level of
10 deterioration of the tank; and
11 (3) the costs:
12 (A) are reasonable and cost effective; and
13 (B) result from or reimburse the claimant for work performed
14 decommissioning the tank or replacing the tank with a new
15 above ground or below ground tank.
16 (b) The expenses described in subsection (a) that are paid from the
17 ELTF in a state fiscal year may not exceed:
2024 IN 1242—LS 6467/DI 150 2
1 (1) ten million dollars ($10,000,000) each year for claims
2 submitted by applicants owning not more than twelve (12)
3 underground petroleum storage tanks;
4 (2) seven million five hundred thousand dollars ($7,500,000) each
5 year for claims submitted by applicants owning more than twelve
6 (12) but not more than one hundred (100) underground petroleum
7 storage tanks; and
8 (3) two million five hundred thousand dollars ($2,500,000) each
9 year for claims submitted by applicants owning more than one
10 hundred (100) underground petroleum storage tanks.
2024 IN 1242—LS 6467/DI 150