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,
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provision adopted), the text of the new provision will appear in this style type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1242
AN ACT to amend the Indiana Code concerning environmental law.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 13-23-9-1.7, AS ADDED BY P.L.176-2023,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1.7. (a) The administrator may pay an ELTF
claim for fifty percent (50%) of the costs of decommissioning or
replacing an underground petroleum storage tank, provided that:
(1) the applicant is the owner of the tank;
(2) such decommissioning or replacement is necessary, in the
judgment of the administrator, to protect human health and the
environment considering the age, obsolescence, and level of
deterioration of the tank; and
(3) the costs:
(A) are reasonable and cost effective; and
(B) result from or reimburse the claimant for work performed
decommissioning the tank or replacing the tank with a new
tank. aboveground storage tank as defined in
IC 13-11-2-0.4 or underground storage tank as defined in
IC 13-11-2-241.
(b) The expenses described in subsection (a) that are paid from the
ELTF in a state fiscal year may not exceed:
(1) ten million dollars ($10,000,000) each year for claims
submitted by applicants owning not more than twelve (12)
underground petroleum storage tanks;
HEA 1242 — Concur 2
(2) seven million five hundred thousand dollars ($7,500,000) each
year for claims submitted by applicants owning more than twelve
(12) but not more than one hundred (100) underground petroleum
storage tanks; and
(3) two million five hundred thousand dollars ($2,500,000) each
year for claims submitted by applicants owning more than one
hundred (100) underground petroleum storage tanks.
(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.
HEA 1242 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1242 — Concur