Indiana 2024 Regular Session

Indiana House Bill HB1242 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1242.2
	2	+	March 1, 2024
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1242
	5	+	_____
	6	+	DIGEST OF HB 1242 (Updated February 29, 2024 9:51 am - DI 140)
	7	+	Citations Affected: IC 13-23.
	8	+	Synopsis: Excess liability trust fund. Allows the department of
	9	+	environmental management (IDEM) to pay an excess liability trust
	10	+	fund claim to replace an underground petroleum storage tank being
	11	+	decommissioned and replaced with an underground or aboveground
	12	+	petroleum storage tank. Provides that remaining funds that have not
	13	+	been allocated at the end of the fiscal year shall roll over to the next
	14	+	year and be used to decommission and replace underground petroleum
	15	+	storage tanks.
	16	+	Effective: Upon passage.
	17	+	Morrison
	18	+	(SENATE SPONSORS — GOODE, NIEZGODSKI, YODER)
	19	+	January 9, 2024, read first time and referred to Committee on Environmental Affairs.
	20	+	January 18, 2024, amended, reported — Do Pass.
	21	+	January 22, 2024, read second time, amended, ordered engrossed.
	22	+	January 23, 2024, engrossed. Read third time, passed. Yeas 95, nays 0.
	23	+	SENATE ACTION
	24	+	February 5, 2024, read first time and referred to Committee on Environmental Affairs.
	25	+	February 20, 2024, amended, reported favorably — Do Pass; reassigned to Committee on
	26	+	Appropriations.
	27	+	February 29, 2024, reported favorably — Do Pass.
	28	+	EH 1242—LS 6467/DI 150 March 1, 2024
1	29		Second Regular Session of the 123rd General Assembly (2024)
2	30		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	31		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	32		additions will appear in this style type, and deletions will appear in this style type.
5	33		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	34		provision adopted), the text of the new provision will appear in this style type. Also, the
7	35		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	36		a new provision to the Indiana Code or the Indiana Constitution.
9	37		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	38		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1242
12		-	AN ACT to amend the Indiana Code concerning environmental law.
	39	+	ENGROSSED
	40	+	HOUSE BILL No. 1242
	41	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	42	+	environmental law.
13	43		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 13-23-9-1.7, AS ADDED BY P.L.176-2023,
15		-	SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16		-	UPON PASSAGE]: Sec. 1.7. (a) The administrator may pay an ELTF
17		-	claim for fifty percent (50%) of the costs of decommissioning or
18		-	replacing an underground petroleum storage tank, provided that:
19		-	(1) the applicant is the owner of the tank;
20		-	(2) such decommissioning or replacement is necessary, in the
21		-	judgment of the administrator, to protect human health and the
22		-	environment considering the age, obsolescence, and level of
23		-	deterioration of the tank; and
24		-	(3) the costs:
25		-	(A) are reasonable and cost effective; and
26		-	(B) result from or reimburse the claimant for work performed
27		-	decommissioning the tank or replacing the tank with a new
28		-	tank. aboveground storage tank as defined in
29		-	IC 13-11-2-0.4 or underground storage tank as defined in
30		-	IC 13-11-2-241.
31		-	(b) The expenses described in subsection (a) that are paid from the
32		-	ELTF in a state fiscal year may not exceed:
33		-	(1) ten million dollars ($10,000,000) each year for claims
34		-	submitted by applicants owning not more than twelve (12)
35		-	underground petroleum storage tanks;
36		-	HEA 1242 — Concur 2
37		-	(2) seven million five hundred thousand dollars ($7,500,000) each
38		-	year for claims submitted by applicants owning more than twelve
39		-	(12) but not more than one hundred (100) underground petroleum
40		-	storage tanks; and
41		-	(3) two million five hundred thousand dollars ($2,500,000) each
42		-	year for claims submitted by applicants owning more than one
43		-	hundred (100) underground petroleum storage tanks.
44		-	(c) At the end of each state fiscal year, any funds that were
	44	+	1 SECTION 1. IC 13-23-9-1.7, AS ADDED BY P.L.176-2023,
	45	+	2 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	46	+	3 UPON PASSAGE]: Sec. 1.7. (a) The administrator may pay an ELTF
	47	+	4 claim for fifty percent (50%) of the costs of decommissioning or
	48	+	5 replacing an underground petroleum storage tank, provided that:
	49	+	6 (1) the applicant is the owner of the tank;
	50	+	7 (2) such decommissioning or replacement is necessary, in the
	51	+	8 judgment of the administrator, to protect human health and the
	52	+	9 environment considering the age, obsolescence, and level of
	53	+	10 deterioration of the tank; and
	54	+	11 (3) the costs:
	55	+	12 (A) are reasonable and cost effective; and
	56	+	13 (B) result from or reimburse the claimant for work performed
	57	+	14 decommissioning the tank or replacing the tank with a new
	58	+	15 tank. aboveground storage tank as defined in
	59	+	16 IC 13-11-2-0.4 or underground storage tank as defined in
	60	+	17 IC 13-11-2-241.
	61	+	EH 1242—LS 6467/DI 150 2
	62	+	1 (b) The expenses described in subsection (a) that are paid from the
	63	+	2 ELTF in a state fiscal year may not exceed:
	64	+	3 (1) ten million dollars ($10,000,000) each year for claims
	65	+	4 submitted by applicants owning not more than twelve (12)
	66	+	5 underground petroleum storage tanks;
	67	+	6 (2) seven million five hundred thousand dollars ($7,500,000) each
	68	+	7 year for claims submitted by applicants owning more than twelve
	69	+	8 (12) but not more than one hundred (100) underground petroleum
	70	+	9 storage tanks; and
	71	+	10 (3) two million five hundred thousand dollars ($2,500,000) each
	72	+	11 year for claims submitted by applicants owning more than one
	73	+	12 hundred (100) underground petroleum storage tanks.
	74	+	13 (c) At the end of each state fiscal year, any funds that were
	75	+	14 allocated for the decommissioning or replacement of underground
	76	+	15 petroleum storage tanks, as described in subsection (b), but that
	77	+	16 were not spent shall roll over to the next state fiscal year and be
	78	+	17 used to decommission or replace underground petroleum storage
	79	+	18 tanks within the same category as allocated in the prior state fiscal
	80	+	19 year pursuant to subsection (b)(1), (b)(2), and (b)(3).
	81	+	20 SECTION 2. An emergency is declared for this act.
	82	+	EH 1242—LS 6467/DI 150 3
	83	+	COMMITTEE REPORT
	84	+	Mr. Speaker: Your Committee on Environmental Affairs, to which
	85	+	was referred House Bill 1242, has had the same under consideration
	86	+	and begs leave to report the same back to the House with the
	87	+	recommendation that said bill be amended as follows:
	88	+	Page 1, line 15, delete "above ground or below ground".
	89	+	Page 1, line 15, strike "tank." and insert "above ground storage
	90	+	tank as defined in IC 13-11-2-0.4 or underground storage tank as
	91	+	defined in IC 13-11-2-241.".
	92	+	Page 2, after line 10, begin a new paragraph and insert:
	93	+	"(c) At the end of each fiscal year, any remaining funds that
	94	+	have not been allocated for decommissioning or replacing an
	95	+	underground or above ground petroleum storage tank, as
	96	+	described in subsection (b), shall roll over to the next fiscal year
	97	+	and be used to decommission and replace underground petroleum
	98	+	storage tanks.".
	99	+	(Reference is to HB 1242 as introduced.)
	100	+	and when so amended that said bill do pass.
	101	+	MORRISON
	102	+	Committee Vote: yeas 12, nays 0.
	103	+	_____
	104	+	HOUSE MOTION
	105	+	Mr. Speaker: I move that House Bill 1242 be amended to read as
	106	+	follows:
	107	+	Page 1, line 15, delete "above ground" and insert "aboveground".
	108	+	Page 2, line 15, delete "or above ground".
	109	+	(Reference is to HB 1242 as printed January 18, 2024.)
	110	+	MORRISON
	111	+	_____
	112	+	COMMITTEE REPORT
	113	+	Madam President: The Senate Committee on Environmental Affairs,
	114	+	to which was referred House Bill No. 1242, has had the same under
	115	+	EH 1242—LS 6467/DI 150 4
	116	+	consideration and begs leave to report the same back to the Senate with
	117	+	the recommendation that said bill be AMENDED as follows:
	118	+	Replace the effective date in SECTION 1 with "[EFFECTIVE
	119	+	UPON PASSAGE]".
	120	+	Page 2, delete lines 13 through 17, begin a new paragraph and
	121	+	insert:
	122	+	"(c) At the end of each state fiscal year, any funds that were
45	123		allocated for the decommissioning or replacement of underground
46	124		petroleum storage tanks, as described in subsection (b), but that
47	125		were not spent shall roll over to the next state fiscal year and be
48	126		used to decommission or replace underground petroleum storage
49	127		tanks within the same category as allocated in the prior state fiscal
50	128		year pursuant to subsection (b)(1), (b)(2), and (b)(3).
51		-	SECTION 2. An emergency is declared for this act.
52		-	HEA 1242 — Concur Speaker of the House of Representatives
53		-	President of the Senate
54		-	President Pro Tempore
55		-	Governor of the State of Indiana
56		-	Date: Time:
57		-	HEA 1242 — Concur
	129	+	SECTION 2. An emergency is declared for this act.".
	130	+	and when so amended that said bill do pass and be reassigned to the
	131	+	Senate Committee on Appropriations.
	132	+	(Reference is to HB 1242 as reprinted January 23, 2024.)
	133	+	NIEMEYER, Chairperson
	134	+	Committee Vote: Yeas 9, Nays 0.
	135	+	_____
	136	+	COMMITTEE REPORT
	137	+	Madam President: The Senate Committee on Appropriations, to
	138	+	which was referred Engrossed House Bill No. 1242, has had the same
	139	+	under consideration and begs leave to report the same back to the
	140	+	Senate with the recommendation that said bill DO PASS.
	141	+	(Reference is to EHB 1242 as printed February 21, 2024.)
	142	+
	143	+	MISHLER, Chairperson
	144	+	Committee Vote: Yeas 13, Nays 0
	145	+	EH 1242—LS 6467/DI 150