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