Introduced Version
SENATE BILL No. 206
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 13-13-5-1.5; IC 13-14-2-9; IC 13-15;
IC 13-20-10.5-3.5; IC 13-21-5-2; IC 13-25-4; IC 13-26.
Synopsis: IDEM agency bill. Allows the department of environmental
management (IDEM) to use electronic means to complete mail delivery
communications, accept applications, post public notices, and provide
access to documents for public comment. Requires existing easements
to be identified in a corrective action plan before an environmental
restrictive covenant is approved. Creates a cause of action for a
responsible party to sue a property owner to receive access to a site to
perform remediation activities. Requires the IDEM to make a
determination, within 90 days, concerning prior approval for
constructing or expanding a biomass anaerobic digestion facility or
biomass gasification facility.
Effective: July 1, 2024.
Niemeyer
January 9, 2024, read first time and referred to Committee on Environmental Affairs.
2024 IN 206—LS 6506/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.
SENATE BILL No. 206
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 13-13-5-1.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 1.5. (a) Subject to subsection (b), the department, to
4 increase efficiency and communication in carrying out the
5 purposes of section 1 of this chapter, may determine as appropriate
6 when to use electronic means to do the following:
7 (1) Deliver mail communications required by rule.
8 (2) Accept applications required by rule.
9 (3) Post public notices required by rule.
10 (4) Provide access to documents for public comment required
11 by rule.
12 (5) Store documents for future access required by rule.
13 (b) The department shall comply with IC 13-14-13 when using
14 electronic means for the purposes described in subsection (a).
15 SECTION 2. IC 13-14-2-9, AS ADDED BY P.L.220-2014,
16 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2024]: Sec. 9. (a) This section applies to a restrictive covenant
2024 IN 206—LS 6506/DI 150 2
1 created in connection with a remediation project conducted under:
2 (1) IC 13-22;
3 (2) IC 13-23;
4 (2) (3) IC 13-24;
5 (3) (4) IC 13-25-4; or
6 (4) (5) IC 13-25-5.
7 (b) A restrictive covenant created in accordance with
8 IC 13-25-4-24 may be modified or removed if a change of
9 conditions or an advancement in science or technology permits any
10 of the following:
11 (1) a change of conditions or an advancement in science or
12 technology permits a modification of the conditions and
13 restrictions imposed by a restrictive covenant; and
14 (2) the (1) A modification of the to a conditions and restrictions
15 condition or restriction contained in a imposed by the
16 restrictive covenant. would not increase the potential hazards to
17 human health or the environment;
18 (2) The termination of the restrictive covenant if the
19 conditions for which the covenant was originally placed upon
20 the property have been demonstrated to no longer exist by the
21 person seeking termination of the restrictive covenant.
22 the commissioner may, under subsection (c), authorize the filing in the
23 office of the county recorder of a supplemental recording recognizing
24 the modification of the conditions and restrictions of the restrictive
25 covenant to reflect the change in conditions or advancement in science
26 or technology.
27 (c) The commissioner may approve a modification or termination
28 under this section and authorize the filing of a supplemental recording
29 in the office of the county recorder under subsection (b) if:
30 (1) the commissioner determines that the proposed
31 modification or termination would not increase the potential
32 hazards to human health or the environment; and
33 (2) the owner of the real property that is subject the person
34 seeking a modification or termination of to the restrictive
35 covenant submits to the department:
36 (1) (A) a written request for the modification or termination
37 of the covenant;
38 (2) (B) a copy of the proposed modification or termination of
39 the restrictive covenant; and
40 (3) (C) information indicating why the covenant should be
41 modified. sufficient data to demonstrate that the
42 modification or termination will not result in unacceptable
2024 IN 206—LS 6506/DI 150 3
1 risk to human health and the environment.
2 The information submitted under subdivision (3) subdivision (2)(C)
3 must be sufficient to enable the department to determine whether the
4 proposed modification of the restrictive covenant will increase the
5 potential hazards to human health or the environment. The
6 commissioner may request additional information from the owner of
7 the real property if necessary to the making of make a determination
8 under this subsection.
9 (d) The board shall adopt rules under IC 4-22-2 and IC 13-14-9
10 providing for the recovery of administrative and personnel expenses
11 incurred by the state in evaluating proposed modifications of restrictive
12 covenants under this section.
13 SECTION 3. IC 13-15-4-7 IS AMENDED TO READ AS
14 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) For purposes of
15 calculating a period under sections 1 through 6 of this chapter, the
16 period:
17 (1) begins on the earlier of the date:
18 (A) an application and any required fee is received and
19 stamped received by the department; or
20 (B) marked by the department on a certified mail return receipt
21 accompanying an application and any required fee; and or
22 (C) notice sent by the department to the applicant
23 confirming that the department has received an
24 application and any required fees; and
25 (2) ends on the date a decision is issued to approve or deny the
26 application under IC 4-21.5-3-4 or IC 4-21.5-3-5.
27 (b) If an applicant pays an application fee with a check that is not
28 covered with sufficient funds, a period described under sections 1
29 through 6 of this chapter is suspended until the applicant pays the
30 permit application fee.
31 SECTION 4. IC 13-15-4-10, AS AMENDED BY P.L.140-2013,
32 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2024]: Sec. 10. The commissioner may suspend the
34 processing of an application, and the period described under sections
35 1 through 6 of this chapter is suspended, if one (1) of the following
36 occurs:
37 (1) The department determines that the application is incomplete
38 and has mailed or electronically sent a notice of deficiency to the
39 applicant that specifies the parts of the application that:
40 (A) do not contain adequate information for the department to
41 process the application; or
42 (B) are not consistent with applicable law.
2024 IN 206—LS 6506/DI 150 4
1 The period described under sections 1 through 6 of this chapter
2 shall be suspended during the first two (2) notices of deficiency
3 sent to an applicant under this subdivision. If more than two (2)
4 notices of deficiency are issued on an application, the period may
5 not be suspended unless the applicant agrees in writing to defer
6 processing of the application pending the applicant's response to
7 the notice of deficiency. A notice of deficiency may include a
8 request for the applicant to conduct tests or sampling to provide
9 information necessary for the department to process the
10 application. If an applicant's response does not contain complete
11 information to satisfy all deficiencies described in a notice of
12 deficiency, the department shall notify the applicant not later than
13 thirty (30) working days after receiving the response. The
14 commissioner shall resume processing the application, and the
15 period described under sections 1 through 6 of this chapter
16 resumes on the earlier of the date the department receives and
17 stamps as received the applicant's complete information, or the
18 date marked by the department on a certified mail return receipt
19 accompanying the applicant's complete information, or a notice
20 sent by the department to the applicant confirming that the
21 department has received the applicant's complete
22 information.
23 (2) The commissioner receives a written request from an
24 applicant to:
25 (A) withdraw; or
26 (B) defer processing of;
27 the application for the purposes of resolving an issue related to a
28 permit or to provide additional information concerning the
29 application.
30 (3) The department is required by federal law or by an agreement
31 with the United States Environmental Protection Agency for a
32 federal permit program to transmit a copy of the proposed permit
33 to the administrator of the United States Environmental Protection
34 Agency for review and possible objections before the permit may
35 be issued. The period described under sections 1 through 6 of this
36 chapter shall be suspended from the time the department submits
37 the proposed permit to the administrator for review until:
38 (A) the department receives the administrator's concurrence or
39 objection to the issuance of the proposed permit; or
40 (B) the period established in federal law by which the
41 administrator is required to make objections expires without
42 the administrator having filed an objection.
2024 IN 206—LS 6506/DI 150 5
1 (4) A board initiates emergency rulemaking under section 3(b) of
2 this chapter to revise the period described under sections 1
3 through 6 of this chapter.
4 SECTION 5. IC 13-15-5-3 IS AMENDED TO READ AS
5 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Except as
6 provided in section 2 of this chapter:
7 (1) after the comment period; or
8 (2) if a public hearing is held, after the public hearing;
9 the commissioner shall issue the permit or deny the permit application.
10 (b) Unless the commissioner states otherwise in writing, the
11 commissioner's action under this section is effective immediately.
12 (c) Notice of the commissioner's action shall be served upon the
13 following:
14 (1) The permit applicant.
15 (2) Each person who submitted written comments under section
16 1 of this chapter.
17 (3) Each person who requests notice of the permit determination.
18 (4) The Administrator of the United States Environmental
19 Protection Agency if service is required under the applicable
20 federal law.
21 (d) If the commissioner's action is likely to have a significant impact
22 upon persons who are not readily identifiable, the commissioner may
23 publish notice of the action on the permit application in a newspaper
24 of general circulation in the county affected by the proposed permit or
25 the commissioner may use electronic means to publish notice.
26 SECTION 6. IC 13-15-6-7 IS AMENDED TO READ AS
27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) In computing a
28 period of time under this chapter, the day of the act, event, or default
29 from which the designated period of time begins to run is not included.
30 The last day of the computed period is to be included unless it is a:
31 (1) Saturday;
32 (2) Sunday;
33 (3) legal holiday under a state statute; or
34 (4) day that the office in which the act is to be done is closed
35 during regular business hours.
36 (b) A period runs until the end of the next day after a day described
37 in subsections (a)(1) through (a)(4).
38 (c) A period of time under this chapter that commences when a
39 person is served with a paper or electronic notice commences with
40 respect to a particular person on the earlier of the date that:
41 (1) the person is personally served with the notice; or
42 (2) a notice for the person is deposited in the United States mail;
2024 IN 206—LS 6506/DI 150 6
1 or
2 (3) a notice for the person is electronically delivered.
3 (d) If a notice is served through the United States mail or
4 electronically, three (3) days must be added to a period that
5 commences upon service of that notice.
6 SECTION 7. IC 13-20-10.5-3.5 IS ADDED TO THE INDIANA
7 CODE AS A NEW SECTION TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2024]: Sec. 3.5. (a) The department shall
9 make a determination under section 1 of this chapter concerning
10 prior approval for the construction or expansion of a biomass
11 anaerobic digestion facility or biomass gasification facility for
12 which the only input is biomass not later than ninety (90) days
13 after the date on which the department receives the completed
14 application for prior approval, including all required supplemental
15 information, unless the department and the applicant agree to a
16 longer time.
17 (b) Subject to subsection (a), the department may conduct any
18 inquiry or investigation that:
19 (1) is consistent with the department's duties under this
20 chapter; and
21 (2) the department considers necessary;
22 before making a determination under section 1 of this chapter.
23 (c) If the department fails to make a determination within the
24 time frame provided in subsection (a), the applicant may request
25 and receive a refund of the fee paid by the applicant when the
26 application for prior approval was submitted. The department
27 shall continue to review the application and approve or deny the
28 application as soon as practicable.
29 SECTION 8. IC 13-21-5-2 IS AMENDED TO READ AS
30 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) A district must
31 conduct at least one (1) regularly scheduled public meeting each month
32 before the creation, amendment, or alteration of the district solid waste
33 management plan. The board shall give notice of each public meeting
34 in accordance with IC 5-14-1.5. In addition, a copy of the schedule of
35 regularly scheduled monthly meetings shall annually be submitted for
36 publication to a newspaper of general circulation in each county of the
37 district, and the board may use electronic means to post public
38 notice. The notice:
39 (1) must be at least two (2) columns wide by five (5) inches long;
40 and
41 (2) may not be placed in the part of the newspaper where legal
42 notices and classified advertisements appear.
2024 IN 206—LS 6506/DI 150 7
1 (b) Public comments shall be taken at each board meeting.
2 SECTION 9. IC 13-25-4-9 IS AMENDED TO READ AS
3 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The
4 commissioner may proceed in court, by appropriate action, to:
5 (1) compel a responsible person to undertake a removal or
6 remedial action with respect to a release or threatened release of
7 a hazardous substance from a facility or site in Indiana; or
8 (2) obtain an order to enter upon private or public property to
9 carry out an appropriate response under the environmental
10 management laws if the commissioner cannot identify or locate
11 another person responsible for carrying out the response who:
12 (A) is willing to carry out the response and capable of doing
13 so; or
14 (B) can be compelled to carry out the response under
15 subdivision (1).
16 (b) The commissioner may issue an administrative order for the
17 purpose set forth in subsection (a)(1).
18 (c) Any person:
19 (1) potentially liable under section 8 of this chapter; or
20 (2) participating in voluntary remediation under IC 13-25-5;
21 that is conducting a removal of suspected or actual contamination
22 or remedial action under oversight by the department of suspected
23 or actual contamination, and who requires access to conduct the
24 remediation on real or personal property that is not owned by the
25 person, may enter upon the property to conduct any activity
26 necessary to further or complete the remedial action, remediation,
27 removal, or response activity if there is a written agreement
28 between the person conducting the remediation and the owner of
29 the property authorizing the entry onto the property.
30 (d) If, after good faith efforts, the person undertaking the
31 remediation and the property owner fail to reach an agreement
32 concerning access to the property, the person undertaking the
33 remediation shall seek an order from the court of the county where
34 the real or personal property is located directing the property
35 owner to grant reasonable access to the property. The court may
36 proceed in the action in a summary manner.
37 (e) The court may, on its own or by motion of either party,
38 bifurcate the proceedings to expeditiously dispose of the claim for
39 access and resolve claims for damages at a subsequent hearing.
40 (f) Relief may include, individually or in combination, the
41 following:
42 (1) A temporary or permanent injunction, including a
2024 IN 206—LS 6506/DI 150 8
1 temporary or permanent injunction preventing the property
2 owner from interfering with any remediation on the property.
3 (2) Assessment of the person undertaking the remediation for
4 reasonable costs associated with any disruption in operations
5 on the property.
6 (3) Assessment of the person undertaking the remediation for
7 any costs to return the property to its condition before the
8 commencement of the remediation.
9 (4) Requiring a person undertaking the remediation to take all
10 reasonable measures to:
11 (A) minimize disruption to the property;
12 (B) minimize activities conducted on the property; and
13 (C) return the property to its condition;
14 before the commencement of remediation.
15 (5) A requirement that the person undertaking the
16 remediation indemnify the owner of the property for any:
17 (A) damages;
18 (B) penalties; or
19 (C) liabilities;
20 resulting from the remediation.
21 (6) A requirement that the person undertaking the
22 remediation indemnify the owner of the property for any
23 liability resulting from the entry of persons onto the property
24 to perform the remediation.
25 (7) Award court costs and reasonable attorney's fees for the
26 party undertaking the remediation in the event the property
27 owner:
28 (A) breaches a prior access agreement; or
29 (B) unreasonably revokes a prior access agreement.
30 (8) Award court costs and reasonable attorney's fees if the
31 party undertaking the remediation pursues a claim for access
32 to the property under this section and the court issues an
33 order granting access to the property.
34 (9) Punitive damages against the property owner if the party
35 undertaking the remediation establishes by a preponderance
36 of the evidence that the property owner's:
37 (A) refusal to enter into an access agreement;
38 (B) breach of an access agreement; or
39 (C) revocation of an access agreement was in bad faith.
40 (g) The court shall promptly issue any access order sought
41 under this section upon a showing that:
42 (1) a reasonable possibility exists that contamination from
2024 IN 206—LS 6506/DI 150 9
1 another site has migrated onto the owner's property; or
2 (2) access to the property is reasonable and necessary to
3 remediate contamination.
4 The presence of an applicable department oversight document or
5 a remediation obligation under law involving the property for
6 which access is sought shall constitute prima facie evidence
7 sufficient to support the issuance of an order.
8 (h) Unless the court otherwise orders for notice and for good
9 cause shown, an action for an access order shall not be joined with
10 nongermane issues against the owner of the property for which
11 access is sought or another person who may be liable for the
12 contamination. Nongermane issues shall include:
13 (1) issues concerning contribution;
14 (2) treble damages; or
15 (3) other damages involving either the contamination or the
16 remediation.
17 (i) The department may not impose or seek to impose any civil
18 or civil administrative penalties upon any person for failure to
19 perform a remediation on property not owned by the person within
20 the time schedule required by regulation or agreement if:
21 (1) the failure to perform the remediation was the result of an
22 inability of the person to enter upon real or personal property
23 owned by another person; and
24 (2) the person took all appropriate action under this section to
25 obtain access to the property.
26 (j) Nothing shall be construed as limiting the rights of the owner
27 of the property against which the access order is issued to initiate
28 a civil action to seek any damages available under law.
29 (k) Nothing shall be construed as limiting the rights of the
30 person conducting the remediation from initiating any subsequent
31 civil action against the owner of the property upon which access
32 was ordered.
33 SECTION 10. IC 13-25-4-24, AS AMENDED BY P.L.220-2014,
34 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2024]: Sec. 24. (a) This section applies to real Subject to the
36 requirements of this section, an environmental restrictive covenant
37 shall be required for property that is:
38 (1) the site of an existing or former hazardous waste facility that
39 is or was subject to regulation under:
40 (A) IC 13-22-2 through IC 13-22-8 and IC 13-22-13 through
41 IC 13-22-14; or
42 (B) Subchapter III of the federal Solid Waste Disposal Act (42
2024 IN 206—LS 6506/DI 150 10
1 U.S.C. 6921 through 6939e); or
2 (2) a site
3 (A) on which a hazardous substance has been:
4 (i) deposited;
5 (ii) stored; or
6 (iii) disposed of; and
7 (B) that is or was listed on the Comprehensive Environmental
8 Response, Compensation, and Liability Information System
9 (CERCLIS) in accordance with Section 116 of CERCLA (42
10 U.S.C. 9616);
11 if more than an insignificantly small amount of a hazardous substance
12 remains on or beneath the surface of that property after the partial or
13 final closure of a hazardous waste facility located on the property or the
14 completion of a remedial action on the property under CERCLA or this
15 chapter. on which a hazardous substance or petroleum has been:
16 (A) deposited;
17 (B) stored; or
18 (C) disposed of;
19 if the property still retains an amount of a hazardous substance or
20 petroleum constituent above remediation standards consistent with
21 the current or intended use of the property after the partial or final
22 closure of the hazardous waste facility, the completion of any
23 response required under CERCLA or this chapter, or the
24 completion of any response required under IC 13-23 or IC 13-24.
25 (b) The owner or party responsible for the corrective action or
26 response at of real property described in subsection (a) shall do the
27 following: execute and record, in the office of the county recorder of
28 the county in which the property is located, a restrictive covenant
29 applying to the property if the commissioner determines that a
30 restrictive covenant meeting the requirements set forth in subsection
31 (c) is necessary to protect the public health or welfare or the
32 environment from unreasonable risk of future exposure to a hazardous
33 substance.
34 (1) Investigate the real property records for the site to
35 determine if the site has preexisting encumbrances as
36 described in subsection (f) that may affect the feasibility of the
37 use of a restrictive covenant as part of a response or
38 corrective action plan for the site.
39 (2) Provide the results of the encumbrance investigation to the
40 commissioner as part of the proposed response or corrective
41 action plan.
42 (c) The commissioner shall approve the use of a restrictive
2024 IN 206—LS 6506/DI 150 11
1 covenant if the covenant is determined to be necessary to protect
2 human health or the environment from an unreasonable risk of
3 future exposure to a hazardous substance or petroleum constituent,
4 and has been evaluated and determined to meet the requirements
5 of this section and IC 13-25-5-8.5.
6 (d) Upon approval of the restrictive covenant, the owner or
7 party responsible described in subsection (b) shall execute and
8 record, in the office of the county recorder of the county in which
9 the property is located, a restrictive covenant applying to the
10 property.
11 (c) (e) A restrictive covenant required proposed under this section
12 must:
13 (1) to the maximum extent feasible, describe:
14 (A) the identity, quantity, and location of every hazardous
15 substance or petroleum constituent:
16 (i) deposited;
17 (ii) stored;
18 (iii) disposed of; or
19 (iv) placed;
20 on the property; and
21 (B) the extent to which each hazardous substance or
22 petroleum constituent remains on the property; and
23 (2) incorporate the conditions and restrictions that the
24 commissioner considers necessary to assure that the future use of
25 the property will not disturb the final cover, any liners, or any
26 components of the hazardous substance or petroleum
27 containment system on the property, or disturb the function of the
28 monitoring system on the property, unless the commissioner finds
29 that the disturbance:
30 (A) is necessary to the proposed use of the property and will
31 not increase the potential hazards to human health or to the
32 environment; or
33 (B) is necessary to mitigate a threat to human health or to the
34 environment.
35 (f) A restrictive covenant may not be used as a means of
36 response or corrective action on real property that has preexisting
37 easements or encumbrances that may allow disturbance of the site,
38 unless any such encumbrance or easement is made subordinate to
39 the restrictive covenant, requiring notification to the department
40 before disturbing the site. Any such encumbrances or easements
41 shall be identified in the proposed restrictive covenant and the
42 covenant shall include the requirement of subordination and
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1 notification prior to disturbance to the site subject to the covenant.
2 Encumbrances subject to this subsection include easements and
3 rights-of-way for the following:
4 (1) Sewer lines.
5 (2) Water distribution systems.
6 (3) Underground infrastructure systems.
7 (4) Oil and gas pipelines.
8 (d) (g) A restrictive covenant required by this section is subject to
9 modification under IC 13-14-2-9.
10 SECTION 11. IC 13-26-2-6, AS AMENDED BY P.L.152-2021,
11 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 6. (a) Except as provided in section 9 of this
13 chapter, the hearing officer shall fix a time and place inside or within
14 ten (10) miles of the proposed district for the hearing on any matter for
15 which a hearing is authorized under this chapter.
16 (b) The hearing officer shall make a reasonable effort to provide
17 notice of the hearing as follows:
18 (1) By publication of notice two (2) times each week for two (2)
19 consecutive weeks:
20 (A) with each notice:
21 (i) published in at least two (2) newspapers of general
22 circulation in each of the counties, in whole or in part, in the
23 district; and
24 (ii) at a minimum, including a legal notice and a
25 prominently displayed three (3) inches by five (5) inches
26 advertisement; or and
27 (iii) published through electronic means in a manner that
28 maximizes notice of the hearing; or
29 (B) with the first publication of notice in the newspapers
30 described in clause (A) and all subsequent publications of
31 notice:
32 (i) in accordance with IC 5-3-5 and
33 (ii) on the official web site website of each of the counties,
34 in whole or in part, in the district; or
35 (ii) in an electronic manner that maximizes notice of the
36 hearing to the impacted individuals.
37 (2) By United States mail or electronically sent at least two (2)
38 weeks before the hearing to the following:
39 (A) The fiscal and executive bodies of each county with
40 territory in the proposed district.
41 (B) The executive of all other eligible entities with territory in
42 the proposed district, including the executive of a city or town
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1 that has:
2 (i) a municipal sewage works under IC 36-9-23; or
3 (ii) a public sanitation department under IC 36-9-25;
4 having extraterritorial jurisdiction within the boundaries of the
5 area to be included in the proposed district.
6 (C) The state and any of its agencies owning, controlling, or
7 leasing land within the proposed district, excluding highways
8 and public thoroughfares owned or controlled by the Indiana
9 department of transportation.
10 (D) Each sewage disposal company holding a certificate of
11 territorial authority under IC 8-1-2-89 respecting territory in
12 the proposed district.
13 (3) By making a reasonable effort to provide notice of the hearing
14 by regular United States mail, postage prepaid, mailed at least two
15 (2) weeks before the hearing to each freeholder within the
16 proposed district or electronically at least two (2) weeks before
17 the hearing to each freeholder within the proposed district.
18 (4) By including the date on which the hearing is to be held and
19 a brief description of:
20 (A) the subject of the petition, including a description of the
21 general boundaries of the area to be included in the proposed
22 district; and
23 (B) the locations where copies of the petition are available for
24 viewing.
25 SECTION 12. IC 13-26-5-6.5, AS AMENDED BY P.L.152-2021,
26 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2024]: Sec. 6.5. A district that intends to extend service within
28 its territory shall provide notice to all owners of property to be served
29 by the proposed extension of service in the following manner not later
30 than sixty (60) days from the date of the decision to extend service:
31 (1) By publication one (1) time each week for three (3)
32 consecutive weeks:
33 (A) with each publication of notice:
34 (i) in at least two (2) newspapers of general circulation in
35 each of the counties, in whole or in part, of the district
36 affected by the proposed extension of service; or
37 (ii) if there is only one (1) newspaper of general circulation
38 in a county, a single publication satisfies the requirement of
39 this subdivision; or
40 (iii) published through electronic means in a manner that
41 maximizes notice of the hearing; or
42 (B) with the first publication of notice made in a newspaper or
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1 newspapers described in clause (A) and the two (2) subsequent
2 publications of notice:
3 (i) in accordance with IC 5-3-5 and
4 (ii) on the official web site website of the district; or
5 (ii) in an electronic manner that maximizes notice of the
6 hearing to the impacted individuals.
7 (2) By United States mail, postage prepaid, mailed to each
8 freeholder within the territory to which the district proposes to
9 extend service or electronically at least two (2) weeks before
10 the hearing to each freeholder within the proposed district.
11 SECTION 13. IC 13-26-11-12, AS AMENDED BY P.L.152-2021,
12 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2024]: Sec. 12. After introduction of the ordinance initially
14 fixing rates or charges but before the ordinance is finally adopted,
15 notice of the hearing setting forth the proposed schedule of the rates or
16 charges must be given electronically or by publication one (1) time
17 each week for two (2) weeks:
18 (1) with each publication of notice:
19 (A) in a newspaper of general circulation in each of the
20 counties with territory in the district; or
21 (B) published through electronic means in a manner that
22 maximizes notice of the hearing; or
23 (2) with the first publication of notice in a newspaper or
24 electronically described in subdivision (1) and the second
25 publication of notice:
26 (A) in accordance with IC 5-3-5; and
27 (B) on the official web site website of the district; and
28 (C) in an electronic manner that maximizes notice of the
29 hearing to the impacted individuals.
30 The last publication or electronic notice must be at least seven (7)
31 days before the date fixed in the notice for the hearing. The hearing
32 may be adjourned as necessary.
33 SECTION 14. IC 13-26-11-13, AS AMENDED BY P.L.84-2016,
34 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2024]: Sec. 13. (a) The ordinance establishing the initial rates
36 or charges, either as:
37 (1) originally introduced; or
38 (2) modified and amended;
39 shall be passed and put into effect after the hearing.
40 (b) A copy of the schedule of the rates and charges established must
41 be:
42 (1) kept on file in the office of the district; and
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1 (2) open to public inspection.
2 (c) Whenever the board acts under section 8(b) of this chapter, to
3 change or readjust the rates and charges, the board shall mail or
4 electronically share, either separately or along with a periodic billing
5 statement, a notice of the new rates and charges to each user affected
6 by the change or readjustment. In the case of a sewage district, if the
7 change or readjustment increases the rates and charges by the amount
8 specified in section 15(c) of this chapter, the notice required by this
9 subsection:
10 (1) must include a statement of a ratepayer's rights under section
11 15 of this chapter; and
12 (2) shall be mailed or electronically shared within the time
13 specified in section 15(c) of this chapter.
14 (d) Following the passage of an ordinance under subsection (a), the
15 lesser of fifty (50) or ten percent (10%) of the ratepayers of the district
16 may file a written petition objecting to the initial rates and charges of
17 the district. A petition filed under this subsection must:
18 (1) contain the name and address of each petitioner;
19 (2) be filed with a member of the district authority, in the county
20 where at least one (1) petitioner resides, not later than thirty (30)
21 days after the district adopts the ordinance; and
22 (3) set forth the grounds for the ratepayers' objection.
23 (e) The district authority shall set the matter for public hearing not
24 less than ten (10) business days but not later than twenty (20) business
25 days after the petition has been filed. The district authority shall:
26 (1) send notice of the hearing:
27 (A) by certified mail; or
28 (B) electronically;
29 to the district and the first listed petitioner; and
30 (2) publish the notice of the hearing:
31 (A) in a newspaper of general circulation in each county in the
32 district; or
33 (B) in an electronic manner that maximizes notice of the
34 hearing to the impacted individuals.
35 (f) Upon the date fixed in the notice, the district authority shall hear
36 the evidence produced and determine the following:
37 (1) Whether the board of trustees of the district, in adopting the
38 ordinance establishing sewer rates and charges, followed the
39 procedure required by this chapter.
40 (2) Whether the sewer rates and charges established by the board
41 by ordinance are just and equitable rates and charges, according
42 to the standards set forth in section 9 of this chapter.
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1 (g) After the district authority hears the evidence produced and
2 makes the determinations set forth in subsection (f), the district
3 authority, by a majority vote, shall:
4 (1) sustain the ordinance establishing the rates and charges;
5 (2) sustain the petition; or
6 (3) make any other ruling appropriate in the matter, subject to the
7 standards set forth in section 9 of this chapter.
8 (h) The order of the district authority may be appealed by the district
9 or a petitioner to the circuit court, superior court, or probate court of
10 the county in which the district is located. The court shall try the appeal
11 without a jury and shall determine one (1) or both of the following:
12 (1) Whether the board of trustees of the district, in adopting the
13 ordinance establishing sewer rates and charges, followed the
14 procedure required by this chapter.
15 (2) Whether the sewer rates and charges established by the board
16 by ordinance are just and equitable rates and charges, according
17 to the standards set forth in section 9 of this chapter.
18 Either party may appeal the circuit court's, superior court's, or probate
19 court's decision in the same manner that other civil cases may be
20 appealed.
21 SECTION 15. IC 13-26-11-15, AS AMENDED BY P.L.84-2016,
22 SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2024]: Sec. 15. (a) A district authority is established in each
24 regional sewage district established under this article. A district
25 authority:
26 (1) must consist of an odd number of members;
27 (2) must consist of at least three (3) members; and
28 (3) may not include as a member any person who serves on the
29 board of trustees of the district.
30 (b) The district authority of a regional sewage district consists of the
31 following members:
32 (1) In the case of a regional sewage district located in one (1)
33 county, the following members:
34 (A) If no members of the county executive are trustees of the
35 regional sewage district, the county executive of the county.
36 (B) If:
37 (i) one (1) or more members of the county executive are
38 trustees of the regional sewage district; and
39 (ii) no members of the county fiscal body are trustees of the
40 regional sewage district;
41 the members of the county fiscal body.
42 (C) If the regional sewage district's board of trustees consists
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1 of one (1) or more members of the county executive and one
2 (1) or more members of the county fiscal body, three (3)
3 members appointed as follows:
4 (i) Two (2) members appointed by the county executive. If
5 not all of the members of the county executive are trustees
6 of the district, the county executive may appoint either or
7 both of the two (2) members required by this item from
8 among the county executive's own membership, subject to
9 subsection (a)(3).
10 (ii) One (1) member appointed by the county fiscal body. If
11 not all of the members of the county fiscal body are trustees
12 of the district, the county fiscal body may appoint the
13 member required by this item from among the county fiscal
14 body's own membership, subject to subsection (a)(3).
15 (2) In the case of a regional sewage district located in more than
16 one (1) county, the following members:
17 (A) If:
18 (i) an odd number of counties are part of the regional sewage
19 district; and
20 (ii) each county in the district has at least one (1) county
21 executive member who is not a trustee of the regional
22 sewage district;
23 one (1) county executive member, appointed by that member's
24 county executive, from each county in which the district is
25 located, subject to subsection (a)(3).
26 (B) If an even number of counties are part of the regional
27 sewage district, the following members:
28 (i) Two (2) county executive members, appointed by those
29 members' county executive, from the county that has the
30 largest number of customers served by the district's sewer
31 system. However, if the county that has the largest number
32 of customers served by the district's sewer system does not
33 have at least two (2) members of its executive who are not
34 also trustees of the district, the county executive of that
35 county may appoint one (1) or more of the members
36 required by this item from outside the county executive's
37 own membership in order to comply with subsection (a)(3).
38 (ii) One (1) county executive member, appointed by that
39 member's county executive, from each county, other than the
40 county described in item (i), in which the district is located.
41 However, if a county described in this item does not have at
42 least one (1) member of its executive who is not also a
2024 IN 206—LS 6506/DI 150 18
1 trustee of the district, the county executive of that county
2 may appoint the member required by this item from outside
3 the county executive's own membership in order to comply
4 with subsection (a)(3).
5 (C) If an odd number of counties are part of the regional
6 sewage district and an odd number of those counties in the
7 district do not have at least one (1) county executive member
8 who is not also a trustee of the district, the following members:
9 (i) One (1) county executive member, appointed by that
10 member's county executive, from each county that has at
11 least one (1) county executive member who is not also a
12 trustee of the district, subject to subsection (a)(3).
13 (ii) One (1) member appointed by the county executive of
14 each county that does not have at least one (1) county
15 executive member who is not also a trustee of the district. A
16 member appointed under this item must be appointed from
17 outside the appointing county executive's own membership,
18 subject to subsection (a)(3).
19 (c) If a district adopts an ordinance increasing sewer rates and
20 charges at a rate that is greater than five percent (5%) per year, as
21 calculated from the rates and charges in effect from the date of the
22 district's last rate increase, the district shall mail or electronically
23 share, either separately or along with a periodic billing statement, a
24 notice of the new rates and charges to each user of the sewer system
25 who is affected by the increase. The notice:
26 (1) shall be mailed or electronically shared not later than seven
27 (7) days after the district adopts the ordinance increasing the rates
28 and charges; and
29 (2) must include a statement of a ratepayer's rights under this
30 section.
31 (d) If subsection (c) applies, fifty (50) ratepayers of the district or
32 ten percent (10%) of the district's ratepayers, whichever is fewer, may
33 file a written petition objecting to the rates and charges of the district.
34 A petition filed under this subsection must:
35 (1) contain the name and address of each petitioner;
36 (2) be filed with a member of the district authority, in the county
37 where at least one (1) petitioner resides, not later than thirty (30)
38 days after the district adopts the ordinance establishing the rates
39 and charges; and
40 (3) set forth the grounds for the ratepayers' objection.
41 If a petition meeting the requirements of this subsection is filed, the
42 district authority shall investigate and conduct a public hearing on the
2024 IN 206—LS 6506/DI 150 19
1 petition. If more than one (1) petition concerning a particular increase
2 in rates and charges is filed, the district authority shall consider the
3 objections set forth in all the petitions at the same public hearing.
4 (e) The district authority shall set the matter for public hearing not
5 less than ten (10) business days but not later than twenty (20) business
6 days after the petition has been filed. The district authority shall:
7 (1) send notice of the hearing:
8 (A) by certified mail; or
9 (B) electronically;
10 to the district and the first listed petitioner; and
11 (2) publish the notice of the hearing:
12 (A) in a newspaper of general circulation in each county in the
13 district; or
14 (B) in an electronic manner that maximizes notice of the
15 hearing to the impacted individuals.
16 (f) Upon the date fixed in the notice, the district authority shall hear
17 the evidence produced and determine the following:
18 (1) Whether the board of trustees of the district, in adopting the
19 ordinance increasing sewer rates and charges, followed the
20 procedure required by this chapter.
21 (2) Whether the increased sewer rates and charges established by
22 the board by ordinance are just and equitable rates and charges,
23 according to the standards set forth in section 9 of this chapter.
24 (g) After the district authority hears the evidence produced and
25 makes the determinations set forth in subsection (f), the district
26 authority, by a majority vote, shall:
27 (1) sustain the ordinance establishing the rates and charges;
28 (2) sustain the petition; or
29 (3) make any other ruling appropriate in the matter, subject to the
30 standards set forth in section 9 of this chapter.
31 (h) The order of the district authority may be appealed by the district
32 or a petitioner to the circuit court, superior court, or probate court of
33 the county in which the district is located. The court shall try the appeal
34 without a jury and shall determine one (1) or both of the following:
35 (1) Whether the board of trustees of the district, in adopting the
36 ordinance increasing sewer rates and charges, followed the
37 procedure required by this chapter.
38 (2) Whether the increased sewer rates and charges established by
39 the board by ordinance are just and equitable rates and charges,
40 according to the standards set forth in section 9 of this chapter.
41 Either party may appeal the circuit court's, superior court's, or probate
42 court's decision in the same manner that other civil cases may be
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1 appealed.
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