*EH1242.1*
February 21, 2024
ENGROSSED
HOUSE BILL No. 1242
_____
DIGEST OF HB 1242 (Updated February 19, 2024 1:23 pm - DI 153)
Citations Affected: IC 13-23.
Synopsis: Excess liability trust fund. Allows the department of
environmental management (IDEM) to pay an excess liability trust
fund claim to replace an underground petroleum storage tank being
decommissioned and replaced with an underground or aboveground
petroleum storage tank. Provides that remaining funds that have not
been allocated at the end of the fiscal year shall roll over to the next
year and be used to decommission and replace underground petroleum
storage tanks.
Effective: Upon passage.
Morrison
(SENATE SPONSOR — GOODE)
January 9, 2024, read first time and referred to Committee on Environmental Affairs.
January 18, 2024, amended, reported — Do Pass.
January 22, 2024, read second time, amended, ordered engrossed.
January 23, 2024, engrossed. Read third time, passed. Yeas 95, nays 0.
SENATE ACTION
February 5, 2024, read first time and referred to Committee on Environmental Affairs.
February 20, 2024, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
EH 1242—LS 6467/DI 150 February 21, 2024
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.
ENGROSSED
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 UPON PASSAGE]: Sec. 1.7. (a) The administrator may pay an ELTF
4 claim for fifty percent (50%) of the costs of decommissioning or
5 replacing an 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 tank. aboveground storage tank as defined in
16 IC 13-11-2-0.4 or underground storage tank as defined in
17 IC 13-11-2-241.
EH 1242—LS 6467/DI 150 2
1 (b) The expenses described in subsection (a) that are paid from the
2 ELTF in a state fiscal year may not exceed:
3 (1) ten million dollars ($10,000,000) each year for claims
4 submitted by applicants owning not more than twelve (12)
5 underground petroleum storage tanks;
6 (2) seven million five hundred thousand dollars ($7,500,000) each
7 year for claims submitted by applicants owning more than twelve
8 (12) but not more than one hundred (100) underground petroleum
9 storage tanks; and
10 (3) two million five hundred thousand dollars ($2,500,000) each
11 year for claims submitted by applicants owning more than one
12 hundred (100) underground petroleum storage tanks.
13 (c) At the end of each state fiscal year, any funds that were
14 allocated for the decommissioning or replacement of underground
15 petroleum storage tanks, as described in subsection (b), but that
16 were not spent shall roll over to the next state fiscal year and be
17 used to decommission or replace underground petroleum storage
18 tanks within the same category as allocated in the prior state fiscal
19 year pursuant to subsection (b)(1), (b)(2), and (b)(3).
20 SECTION 2. An emergency is declared for this act.
EH 1242—LS 6467/DI 150 3
COMMITTEE REPORT
Mr. Speaker: Your Committee on Environmental Affairs, to which
was referred House Bill 1242, has had the same under consideration
and begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 1, line 15, delete "above ground or below ground".
Page 1, line 15, strike "tank." and insert "above ground storage
tank as defined in IC 13-11-2-0.4 or underground storage tank as
defined in IC 13-11-2-241.".
Page 2, after line 10, begin a new paragraph and insert:
"(c) At the end of each fiscal year, any remaining funds that
have not been allocated for decommissioning or replacing an
underground or above ground petroleum storage tank, as
described in subsection (b), shall roll over to the next fiscal year
and be used to decommission and replace underground petroleum
storage tanks.".
(Reference is to HB 1242 as introduced.)
and when so amended that said bill do pass.
MORRISON
Committee Vote: yeas 12, nays 0.
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HOUSE MOTION
Mr. Speaker: I move that House Bill 1242 be amended to read as
follows:
Page 1, line 15, delete "above ground" and insert "aboveground".
Page 2, line 15, delete "or above ground".
(Reference is to HB 1242 as printed January 18, 2024.)
MORRISON
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Environmental Affairs,
to which was referred House Bill No. 1242, has had the same under
EH 1242—LS 6467/DI 150 4
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Replace the effective date in SECTION 1 with "[EFFECTIVE
UPON PASSAGE]".
Page 2, delete lines 13 through 17, begin a new paragraph and
insert:
"(c) At the end of each state fiscal year, any funds that were
allocated for the decommissioning or replacement of underground
petroleum storage tanks, as described in subsection (b), but that
were not spent shall roll over to the next state fiscal year and be
used to decommission or replace underground petroleum storage
tanks within the same category as allocated in the prior state fiscal
year pursuant to subsection (b)(1), (b)(2), and (b)(3).
SECTION 2. An emergency is declared for this act.".
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to HB 1242 as reprinted January 23, 2024.)
NIEMEYER, Chairperson
Committee Vote: Yeas 9, Nays 0.
EH 1242—LS 6467/DI 150