*ES0206.1*
February 22, 2024
ENGROSSED
SENATE BILL No. 206
_____
DIGEST OF SB 206 (Updated February 21, 2024 1:45 pm - DI 140)
Citations Affected: IC 13-13; IC 13-15; IC 13-20; IC 13-21; IC 13-26.
Synopsis: Environmental matters. Authorizes the department of
environmental management (department) to use electronic means to
deliver mail communications, send or publish notices, accept notices
and permit applications, provide access to documents for public
comment, and store documents for future access. Authorizes the use
of electronic communications in proceedings involving regional water,
sewage, and solid waste districts. Requires the IDEM to make a
determination concerning prior approval for the construction or
expansion of a biomass anaerobic digestion facility or biomass
gasification facility not more than 90 days after the date on which the
department receives the completed application. Eliminates a provision
of law stating that a person constructing or expanding a biomass
anaerobic digestion facility or a biomass gasification facility is not
required to obtain the prior approval of the department if air pollution
control permit requirements apply to the facility.
Effective: July 1, 2024.
Niemeyer, Dernulc
(HOUSE SPONSOR — MORRISON)
January 9, 2024, read first time and referred to Committee on Environmental Affairs.
February 1, 2024, amended, reported favorably — Do Pass.
February 5, 2024, read second time, ordered engrossed. Engrossed.
February 6, 2024, read third time, passed. Yeas 48, nays 0.
HOUSE ACTION
February 12, 2024, read first time and referred to Committee on Environmental Affairs.
February 22, 2024, reported — Do Pass.
ES 206—LS 6506/DI 150 February 22, 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
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 13-15-4-7 IS AMENDED TO READ AS
16 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The following
17 apply for purposes of calculating a period under sections 1 through 6
ES 206—LS 6506/DI 150 2
1 of this chapter: the period:
2 (1) The period begins on the earlier earliest of the date:
3 following:
4 (A) The date on which an application and any required fee is
5 received and stamped received by the department. or
6 (B) The date that is marked by the department on a certified
7 mail return receipt accompanying an application and any
8 required fee. and
9 (C) The date on which notice is sent by the department to
10 the applicant confirming that the department has received
11 an application and any required fees.
12 (2) The period ends on the date a decision is issued to approve or
13 deny the application under IC 4-21.5-3-4 or IC 4-21.5-3-5.
14 (b) If an applicant pays an application fee with a check that is not
15 covered with sufficient funds, a period described under sections 1
16 through 6 of this chapter is suspended until the applicant pays the
17 permit application fee.
18 SECTION 3. IC 13-15-4-10, AS AMENDED BY P.L.140-2013,
19 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2024]: Sec. 10. The commissioner may suspend the
21 processing of an application, and the period described under sections
22 1 through 6 of this chapter is suspended, if one (1) of the following
23 occurs:
24 (1) The department determines that the application is incomplete
25 and has mailed or electronically sent a notice of deficiency to the
26 applicant that specifies the parts of the application that:
27 (A) do not contain adequate information for the department to
28 process the application; or
29 (B) are not consistent with applicable law.
30 The period described under sections 1 through 6 of this chapter
31 shall be suspended during the first two (2) notices of deficiency
32 sent to an applicant under this subdivision. If more than two (2)
33 notices of deficiency are issued on an application, the period may
34 not be suspended unless the applicant agrees in writing to defer
35 processing of the application pending the applicant's response to
36 the notice of deficiency. A notice of deficiency may include a
37 request for the applicant to conduct tests or sampling to provide
38 information necessary for the department to process the
39 application. If an applicant's response does not contain complete
40 information to satisfy all deficiencies described in a notice of
41 deficiency, the department shall notify the applicant not later than
42 thirty (30) working days after receiving the response. The
ES 206—LS 6506/DI 150 3
1 commissioner shall resume processing the application, and the
2 period described under sections 1 through 6 of this chapter
3 resumes on the earlier earliest of the date the department receives
4 and stamps as received the applicant's complete information, or
5 the date marked by the department on a certified mail return
6 receipt accompanying the applicant's complete information, or
7 the date a notice is sent by the department to the applicant
8 confirming that the department has received the applicant's
9 complete information.
10 (2) The commissioner receives a written request from an
11 applicant to:
12 (A) withdraw; or
13 (B) defer processing of;
14 the application for the purposes of resolving an issue related to a
15 permit or to provide additional information concerning the
16 application.
17 (3) The department is required by federal law or by an agreement
18 with the United States Environmental Protection Agency for a
19 federal permit program to transmit a copy of the proposed permit
20 to the administrator of the United States Environmental Protection
21 Agency for review and possible objections before the permit may
22 be issued. The period described under sections 1 through 6 of this
23 chapter shall be suspended from the time the department submits
24 the proposed permit to the administrator for review until:
25 (A) the department receives the administrator's concurrence or
26 objection to the issuance of the proposed permit; or
27 (B) the period established in federal law by which the
28 administrator is required to make objections expires without
29 the administrator having filed an objection.
30 (4) A board initiates emergency rulemaking under section 3(b) of
31 this chapter to revise the period described under sections 1
32 through 6 of this chapter.
33 SECTION 4. IC 13-15-5-3 IS AMENDED TO READ AS
34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Except as
35 provided in section 2 of this chapter:
36 (1) after the comment period; or
37 (2) if a public hearing is held, after the public hearing;
38 the commissioner shall issue the permit or deny the permit application.
39 (b) Unless the commissioner states otherwise in writing, the
40 commissioner's action under this section is effective immediately.
41 (c) Notice of the commissioner's action shall be served upon the
42 following:
ES 206—LS 6506/DI 150 4
1 (1) The permit applicant.
2 (2) Each person who submitted written comments under section
3 1 of this chapter.
4 (3) Each person who requests notice of the permit determination.
5 (4) The Administrator of the United States Environmental
6 Protection Agency if service is required under the applicable
7 federal law.
8 (d) If the commissioner's action is likely to have a significant impact
9 upon persons who are not readily identifiable, the commissioner may
10 publish notice of the action on the permit application in a newspaper
11 of general circulation in the county affected by the proposed permit or
12 the commissioner may use electronic means to publish notice.
13 SECTION 5. IC 13-15-6-7 IS AMENDED TO READ AS
14 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) In computing a
15 period of time under this chapter, the day of the act, event, or default
16 from which the designated period of time begins to run is not included.
17 The last day of the computed period is to be included unless it is a:
18 (1) Saturday;
19 (2) Sunday;
20 (3) legal holiday under a state statute; or
21 (4) day that the office in which the act is to be done is closed
22 during regular business hours.
23 (b) A period runs until the end of the next day after a day described
24 in subsections (a)(1) through (a)(4).
25 (c) A period of time under this chapter that commences when a
26 person is served with a paper or electronic notice commences with
27 respect to a particular person on the earlier of the date that: earliest of:
28 (1) the date the person is personally served with the notice; or
29 (2) the date a notice for the person is deposited in the United
30 States mail; or
31 (3) the date a notice for the person is electronically delivered.
32 (d) If a notice is served through the United States mail or
33 electronically, three (3) days must be added to a period that
34 commences upon service of that notice.
35 SECTION 6. IC 13-20-10.5-3, AS ADDED BY P.L.189-2011,
36 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2024]: Sec. 3. (a) The department may determine that a
38 biomass anaerobic digestion facility or a biomass gasification facility
39 for which the input is a combination of biomass and solid waste is
40 subject to regulation as a solid waste processing facility.
41 (b) Anaerobic digestion and gasification facilities required to
42 maintain a permit under IC 13-17 are not required to seek approval
ES 206—LS 6506/DI 150 5
1 under this chapter.
2 SECTION 7. IC 13-20-10.5-3.5 IS ADDED TO THE INDIANA
3 CODE AS A NEW SECTION TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2024]: Sec. 3.5. (a) The department shall
5 make a determination under section 1 of this chapter concerning
6 prior approval for the construction or expansion of a biomass
7 anaerobic digestion facility or biomass gasification facility for
8 which the only input is biomass not later than ninety (90) days
9 after the date on which the department receives the completed
10 application for prior approval, including all required supplemental
11 information, unless the department and the applicant agree to a
12 longer time.
13 (b) Subject to subsection (a), the department may conduct any
14 inquiry or investigation that:
15 (1) is consistent with the department's duties under this
16 chapter; and
17 (2) the department considers necessary;
18 before making a determination under section 1 of this chapter.
19 (c) If the department fails to make a determination within the
20 time frame provided in subsection (a), the applicant may request
21 and receive a refund of the fee paid by the applicant when the
22 application for prior approval was submitted. The department
23 shall continue to review the application and approve or deny the
24 application as soon as practicable.
25 SECTION 8. IC 13-21-5-2 IS AMENDED TO READ AS
26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) A district must
27 conduct at least one (1) regularly scheduled public meeting each month
28 before the creation, amendment, or alteration of the district solid waste
29 management plan. The board shall give notice of each public meeting
30 in accordance with IC 5-14-1.5. In addition, a copy of the schedule of
31 regularly scheduled monthly meetings shall annually be submitted for
32 publication to a newspaper of general circulation in each county of the
33 district, and the board may use electronic means to post public
34 notice. The notice:
35 (1) must be at least two (2) columns wide by five (5) inches long;
36 and
37 (2) may not be placed in the part of the newspaper where legal
38 notices and classified advertisements appear.
39 (b) Public comments shall be taken at each board meeting.
40 SECTION 9. IC 13-26-2-6, AS AMENDED BY P.L.152-2021,
41 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2024]: Sec. 6. (a) Except as provided in section 9 of this
ES 206—LS 6506/DI 150 6
1 chapter, the hearing officer shall fix a time and place inside or within
2 ten (10) miles of the proposed district for the hearing on any matter for
3 which a hearing is authorized under this chapter.
4 (b) The hearing officer shall make a reasonable effort to provide
5 notice of the hearing as follows:
6 (1) By publication of notice two (2) times each week for two (2)
7 consecutive weeks:
8 (A) with each notice:
9 (i) published in at least two (2) newspapers of general
10 circulation in each of the counties, in whole or in part, in the
11 district; and
12 (ii) at a minimum, including a legal notice and a
13 prominently displayed three (3) inches by five (5) inches
14 advertisement; or and
15 (iii) published through electronic means in a manner that
16 maximizes notice of the hearing; or
17 (B) with the first publication of notice in the newspapers
18 described in clause (A) and all subsequent publications of
19 notice:
20 (i) in accordance with IC 5-3-5 and
21 (ii) on the official web site website of each of the counties,
22 in whole or in part, in the district; or
23 (ii) in an electronic manner that maximizes notice of the
24 hearing to the impacted individuals.
25 (2) By United States mail or electronically sent at least two (2)
26 weeks before the hearing to the following:
27 (A) The fiscal and executive bodies of each county with
28 territory in the proposed district.
29 (B) The executive of all other eligible entities with territory in
30 the proposed district, including the executive of a city or town
31 that has:
32 (i) a municipal sewage works under IC 36-9-23; or
33 (ii) a public sanitation department under IC 36-9-25;
34 having extraterritorial jurisdiction within the boundaries of the
35 area to be included in the proposed district.
36 (C) The state and any of its agencies owning, controlling, or
37 leasing land within the proposed district, excluding highways
38 and public thoroughfares owned or controlled by the Indiana
39 department of transportation.
40 (D) Each sewage disposal company holding a certificate of
41 territorial authority under IC 8-1-2-89 respecting territory in
42 the proposed district.
ES 206—LS 6506/DI 150 7
1 (3) By making a reasonable effort to provide notice of the hearing
2 by regular United States mail, postage prepaid, mailed at least two
3 (2) weeks before the hearing to each freeholder within the
4 proposed district or electronically at least two (2) weeks before
5 the hearing to each freeholder within the proposed district.
6 (4) By including the date on which the hearing is to be held and
7 a brief description of:
8 (A) the subject of the petition, including a description of the
9 general boundaries of the area to be included in the proposed
10 district; and
11 (B) the locations where copies of the petition are available for
12 viewing.
13 SECTION 10. IC 13-26-5-6.5, AS AMENDED BY P.L.152-2021,
14 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 6.5. A district that intends to extend service within
16 its territory shall provide notice to all owners of property to be served
17 by the proposed extension of service in the following manner not later
18 than sixty (60) days from the date of the decision to extend service:
19 (1) By publication one (1) time each week for three (3)
20 consecutive weeks:
21 (A) with each publication of notice:
22 (i) in at least two (2) newspapers of general circulation in
23 each of the counties, in whole or in part, of the district
24 affected by the proposed extension of service; or
25 (ii) if there is only one (1) newspaper of general circulation
26 in a county, a single publication satisfies the requirement of
27 this subdivision; or
28 (iii) published through electronic means in a manner that
29 maximizes notice of the hearing; or
30 (B) with the first publication of notice made in a newspaper or
31 newspapers described in clause (A) and the two (2) subsequent
32 publications of notice:
33 (i) in accordance with IC 5-3-5 and
34 (ii) on the official web site website of 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, postage prepaid, mailed to each
38 freeholder within the territory to which the district proposes to
39 extend service or electronically at least two (2) weeks before
40 the hearing to each freeholder within the proposed district.
41 SECTION 11. IC 13-26-11-12, AS AMENDED BY P.L.152-2021,
42 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
ES 206—LS 6506/DI 150 8
1 JULY 1, 2024]: Sec. 12. After introduction of the ordinance initially
2 fixing rates or charges but before the ordinance is finally adopted,
3 notice of the hearing setting forth the proposed schedule of the rates or
4 charges must be given electronically or by publication one (1) time
5 each week for two (2) weeks:
6 (1) with each publication of notice:
7 (A) in a newspaper of general circulation in each of the
8 counties with territory in the district; or
9 (B) published through electronic means in a manner that
10 maximizes notice of the hearing; or
11 (2) with the first publication of notice in a newspaper or
12 electronically described in subdivision (1) and the second
13 publication of notice:
14 (A) in accordance with IC 5-3-5; and
15 (B) on the official web site website of the district; and
16 (C) in an electronic manner that maximizes notice of the
17 hearing to the impacted individuals.
18 The last publication or electronic notice must be at least seven (7)
19 days before the date fixed in the notice for the hearing. The hearing
20 may be adjourned as necessary.
21 SECTION 12. IC 13-26-11-13, AS AMENDED BY P.L.84-2016,
22 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2024]: Sec. 13. (a) The ordinance establishing the initial rates
24 or charges, either as:
25 (1) originally introduced; or
26 (2) modified and amended;
27 shall be passed and put into effect after the hearing.
28 (b) A copy of the schedule of the rates and charges established must
29 be:
30 (1) kept on file in the office of the district; and
31 (2) open to public inspection.
32 (c) Whenever the board acts under section 8(b) of this chapter, to
33 change or readjust the rates and charges, the board shall mail or
34 electronically share, either separately or along with a periodic billing
35 statement, a notice of the new rates and charges to each user affected
36 by the change or readjustment. In the case of a sewage district, if the
37 change or readjustment increases the rates and charges by the amount
38 specified in section 15(c) of this chapter, the notice required by this
39 subsection:
40 (1) must include a statement of a ratepayer's rights under section
41 15 of this chapter; and
42 (2) shall be mailed or electronically shared within the time
ES 206—LS 6506/DI 150 9
1 specified in section 15(c) of this chapter.
2 (d) Following the passage of an ordinance under subsection (a), the
3 lesser of fifty (50) or ten percent (10%) of the ratepayers of the district
4 may file a written petition objecting to the initial rates and charges of
5 the district. A petition filed under this subsection must:
6 (1) contain the name and address of each petitioner;
7 (2) be filed with a member of the district authority, in the county
8 where at least one (1) petitioner resides, not later than thirty (30)
9 days after the district adopts the ordinance; and
10 (3) set forth the grounds for the ratepayers' objection.
11 (e) The district authority shall set the matter for public hearing not
12 less than ten (10) business days but not later than twenty (20) business
13 days after the petition has been filed. The district authority shall:
14 (1) send notice of the hearing:
15 (A) by certified mail; or
16 (B) electronically;
17 to the district and the first listed petitioner; and
18 (2) publish the notice of the hearing:
19 (A) in a newspaper of general circulation in each county in the
20 district; or
21 (B) in an electronic manner that maximizes notice of the
22 hearing to the impacted individuals.
23 (f) Upon the date fixed in the notice, the district authority shall hear
24 the evidence produced and determine the following:
25 (1) Whether the board of trustees of the district, in adopting the
26 ordinance establishing sewer rates and charges, followed the
27 procedure required by this chapter.
28 (2) Whether the sewer rates and charges established by the board
29 by ordinance are just and equitable rates and charges, according
30 to the standards set forth in section 9 of this chapter.
31 (g) After the district authority hears the evidence produced and
32 makes the determinations set forth in subsection (f), the district
33 authority, by a majority vote, shall:
34 (1) sustain the ordinance establishing the rates and charges;
35 (2) sustain the petition; or
36 (3) make any other ruling appropriate in the matter, subject to the
37 standards set forth in section 9 of this chapter.
38 (h) The order of the district authority may be appealed by the district
39 or a petitioner to the circuit court, superior court, or probate court of
40 the county in which the district is located. The court shall try the appeal
41 without a jury and shall determine one (1) or both of the following:
42 (1) Whether the board of trustees of the district, in adopting the
ES 206—LS 6506/DI 150 10
1 ordinance establishing sewer rates and charges, followed the
2 procedure required by this chapter.
3 (2) Whether the sewer rates and charges established by the board
4 by ordinance are just and equitable rates and charges, according
5 to the standards set forth in section 9 of this chapter.
6 Either party may appeal the circuit court's, superior court's, or probate
7 court's decision in the same manner that other civil cases may be
8 appealed.
9 SECTION 13. IC 13-26-11-15, AS AMENDED BY P.L.84-2016,
10 SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 15. (a) A district authority is established in each
12 regional sewage district established under this article. A district
13 authority:
14 (1) must consist of an odd number of members;
15 (2) must consist of at least three (3) members; and
16 (3) may not include as a member any person who serves on the
17 board of trustees of the district.
18 (b) The district authority of a regional sewage district consists of the
19 following members:
20 (1) In the case of a regional sewage district located in one (1)
21 county, the following members:
22 (A) If no members of the county executive are trustees of the
23 regional sewage district, the county executive of the county.
24 (B) If:
25 (i) one (1) or more members of the county executive are
26 trustees of the regional sewage district; and
27 (ii) no members of the county fiscal body are trustees of the
28 regional sewage district;
29 the members of the county fiscal body.
30 (C) If the regional sewage district's board of trustees consists
31 of one (1) or more members of the county executive and one
32 (1) or more members of the county fiscal body, three (3)
33 members appointed as follows:
34 (i) Two (2) members appointed by the county executive. If
35 not all of the members of the county executive are trustees
36 of the district, the county executive may appoint either or
37 both of the two (2) members required by this item from
38 among the county executive's own membership, subject to
39 subsection (a)(3).
40 (ii) One (1) member appointed by the county fiscal body. If
41 not all of the members of the county fiscal body are trustees
42 of the district, the county fiscal body may appoint the
ES 206—LS 6506/DI 150 11
1 member required by this item from among the county fiscal
2 body's own membership, subject to subsection (a)(3).
3 (2) In the case of a regional sewage district located in more than
4 one (1) county, the following members:
5 (A) If:
6 (i) an odd number of counties are part of the regional sewage
7 district; and
8 (ii) each county in the district has at least one (1) county
9 executive member who is not a trustee of the regional
10 sewage district;
11 one (1) county executive member, appointed by that member's
12 county executive, from each county in which the district is
13 located, subject to subsection (a)(3).
14 (B) If an even number of counties are part of the regional
15 sewage district, the following members:
16 (i) Two (2) county executive members, appointed by those
17 members' county executive, from the county that has the
18 largest number of customers served by the district's sewer
19 system. However, if the county that has the largest number
20 of customers served by the district's sewer system does not
21 have at least two (2) members of its executive who are not
22 also trustees of the district, the county executive of that
23 county may appoint one (1) or more of the members
24 required by this item from outside the county executive's
25 own membership in order to comply with subsection (a)(3).
26 (ii) One (1) county executive member, appointed by that
27 member's county executive, from each county, other than the
28 county described in item (i), in which the district is located.
29 However, if a county described in this item does not have at
30 least one (1) member of its executive who is not also a
31 trustee of the district, the county executive of that county
32 may appoint the member required by this item from outside
33 the county executive's own membership in order to comply
34 with subsection (a)(3).
35 (C) If an odd number of counties are part of the regional
36 sewage district and an odd number of those counties in the
37 district do not have at least one (1) county executive member
38 who is not also a trustee of the district, the following members:
39 (i) One (1) county executive member, appointed by that
40 member's county executive, from each county that has at
41 least one (1) county executive member who is not also a
42 trustee of the district, subject to subsection (a)(3).
ES 206—LS 6506/DI 150 12
1 (ii) One (1) member appointed by the county executive of
2 each county that does not have at least one (1) county
3 executive member who is not also a trustee of the district. A
4 member appointed under this item must be appointed from
5 outside the appointing county executive's own membership,
6 subject to subsection (a)(3).
7 (c) If a district adopts an ordinance increasing sewer rates and
8 charges at a rate that is greater than five percent (5%) per year, as
9 calculated from the rates and charges in effect from the date of the
10 district's last rate increase, the district shall mail or electronically
11 share, either separately or along with a periodic billing statement, a
12 notice of the new rates and charges to each user of the sewer system
13 who is affected by the increase. The notice:
14 (1) shall be mailed or electronically shared not later than seven
15 (7) days after the district adopts the ordinance increasing the rates
16 and charges; and
17 (2) must include a statement of a ratepayer's rights under this
18 section.
19 (d) If subsection (c) applies, fifty (50) ratepayers of the district or
20 ten percent (10%) of the district's ratepayers, whichever is fewer, may
21 file a written petition objecting to the rates and charges of the district.
22 A petition filed under this subsection must:
23 (1) contain the name and address of each petitioner;
24 (2) be filed with a member of the district authority, in the county
25 where at least one (1) petitioner resides, not later than thirty (30)
26 days after the district adopts the ordinance establishing the rates
27 and charges; and
28 (3) set forth the grounds for the ratepayers' objection.
29 If a petition meeting the requirements of this subsection is filed, the
30 district authority shall investigate and conduct a public hearing on the
31 petition. If more than one (1) petition concerning a particular increase
32 in rates and charges is filed, the district authority shall consider the
33 objections set forth in all the petitions at the same public hearing.
34 (e) The district authority shall set the matter for public hearing not
35 less than ten (10) business days but not later than twenty (20) business
36 days after the petition has been filed. The district authority shall:
37 (1) send notice of the hearing:
38 (A) by certified mail; or
39 (B) electronically;
40 to the district and the first listed petitioner; and
41 (2) publish the notice of the hearing:
42 (A) in a newspaper of general circulation in each county in the
ES 206—LS 6506/DI 150 13
1 district; or
2 (B) in an electronic manner that maximizes notice of the
3 hearing to the impacted individuals.
4 (f) Upon the date fixed in the notice, the district authority shall hear
5 the evidence produced and determine the following:
6 (1) Whether the board of trustees of the district, in adopting the
7 ordinance increasing sewer rates and charges, followed the
8 procedure required by this chapter.
9 (2) Whether the increased sewer rates and charges established by
10 the board by ordinance are just and equitable rates and charges,
11 according to the standards set forth in section 9 of this chapter.
12 (g) After the district authority hears the evidence produced and
13 makes the determinations set forth in subsection (f), the district
14 authority, by a majority vote, shall:
15 (1) sustain the ordinance establishing the rates and charges;
16 (2) sustain the petition; or
17 (3) make any other ruling appropriate in the matter, subject to the
18 standards set forth in section 9 of this chapter.
19 (h) The order of the district authority may be appealed by the district
20 or a petitioner to the circuit court, superior court, or probate court of
21 the county in which the district is located. The court shall try the appeal
22 without a jury and shall determine one (1) or both of the following:
23 (1) Whether the board of trustees of the district, in adopting the
24 ordinance increasing sewer rates and charges, followed the
25 procedure required by this chapter.
26 (2) Whether the increased sewer rates and charges established by
27 the board by ordinance are just and equitable rates and charges,
28 according to the standards set forth in section 9 of this chapter.
29 Either party may appeal the circuit court's, superior court's, or probate
30 court's decision in the same manner that other civil cases may be
31 appealed.
ES 206—LS 6506/DI 150 14
COMMITTEE REPORT
Madam President: The Senate Committee on Environmental Affairs,
to which was referred Senate Bill No. 206, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 1, delete lines 15 through 17.
Delete page 2.
Page 3, delete lines 1 through 26, begin a new paragraph and insert:
"SECTION 3. IC 13-15-4-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The following
apply for purposes of calculating a period under sections 1 through 6
of this chapter: the period:
(1) The period begins on the earlier earliest of the date:
following:
(A) The date on which an application and any required fee is
received and stamped received by the department. or
(B) The date that is marked by the department on a certified
mail return receipt accompanying an application and any
required fee. and
(C) The date on which notice is sent by the department to
the applicant confirming that the department has received
an application and any required fees.
(2) The period ends on the date a decision is issued to approve or
deny the application under IC 4-21.5-3-4 or IC 4-21.5-3-5.".
Page 4, line 16, delete "earlier of" and insert "earlier earliest of".
Page 4, line 19, delete "a notice" and insert "the date a notice is".
Page 5, line 40, strike "earlier of the date that:" and insert "earliest
of:".
Page 5, line 41, after "(1)" insert "the date".
Page 5, line 42, after "(2)" insert "the date".
Page 6, line 2, after "(3)" insert "the date".
Page 6, between lines 5 and 6, begin a new paragraph and insert:
"SECTION 6. IC 13-20-10.5-3, AS ADDED BY P.L.189-2011,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. (a) The department may determine that a
biomass anaerobic digestion facility or a biomass gasification facility
for which the input is a combination of biomass and solid waste is
subject to regulation as a solid waste processing facility.
(b) Anaerobic digestion and gasification facilities required to
maintain a permit under IC 13-17 are not required to seek approval
under this chapter.".
ES 206—LS 6506/DI 150 15
Page 7, delete lines 2 through 42.
Delete pages 8 through 11.
Page 12, delete lines 1 through 9.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 206 as introduced.)
NIEMEYER, Chairperson
Committee Vote: Yeas 10, Nays 0.
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Environmental Affairs, to which
was referred Senate Bill 206, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill do pass.
(Reference is to SB 206 as printed February 2, 2024.)
CULP
Committee Vote: Yeas 10, Nays 0
ES 206—LS 6506/DI 150