LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6506 NOTE PREPARED: Feb 6, 2024
BILL NUMBER: SB 206 BILL AMENDED: Feb 1, 2024
SUBJECT: Environmental Matters.
FIRST AUTHOR: Sen. Niemeyer BILL STATUS: As Passed Senate
FIRST SPONSOR: Rep. Morrison
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: Electronic Communications and Access: The bill authorizes the Department of
Environmental Management (IDEM) 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. It authorizes the use of electronic communications in proceedings involving
regional water, sewage, and solid waste districts.
Determination Regarding Biomass Facility Permits: The bill requires 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 IDEM receives the completed
application. It 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
IDEM if air pollution control permit requirements apply to the facility.
Effective Date: July 1, 2024.
Explanation of State Expenditures: Electronic Means of Communication and Access: The bill could reduce
expenditures by allowing IDEM to use electronic means to communicate, rather than publishing notices in
newspapers and sending notices through certified mail, and for providing access to documents when they are
required by administrative rule. In instances where a period of time commences when a person is served with
a paper or notice, three days are added to the period when the person is served the notice electronically (in
addition to when the notice is sent through the U.S. mail).
Determination Regarding Biomass Gasification Facility: Workload could increase for IDEM as the bill
SB 206 1 requires the agency to make a determination on an application to construct or expand certain biomass
facilities within 90 days. If IDEM is not currently making determinations regarding the issuance of these
permits in this time frame, it may have to modify how it processes the applications. Biomass facilities that
are required to maintain air pollution control permits are currently not required to obtain prior approval under
the solid waste processing facility process. The bill removes this exemption. These provisions may also
increase workload for IDEM.
Explanation of State Revenues: Determination Regarding Biomass Gasification Facility: If IDEM fails
to make a determination within 90 days on an application to construct or expand a biomass facility for which
the only input is biomass, the bill requires IDEM to refund the applicant. However, there is currently no
application fee for these facilities.
Explanation of Local Expenditures: Electronic Means of Communication: The bill could reduce
expenditures for regional water, sewer, or solid waste districts or proposed districts by allowing them to use
electronic means rather than sending certified mail to each freeholder or providing publications in
newspapers for notices of hearings, extensions of services, rates, and rate increases. The bill also allows solid
waste management districts to use electronic means to post public notice of monthly meetings.
Explanation of Local Revenues:
State Agencies Affected: Department of Environmental Management.
Local Agencies Affected: Regional water, sewer, or solid waste districts; solid waste management districts.
Information Sources:
https://www.in.gov/idem/cleanups/investigation-and-cleanup-programs/institutional-controls/;
https://www.in.gov/idem/waste/waste-industries/biomass-digesters-and-gasification-facilities/;
https://www.in.gov/idem/files/factsheet_olq_permits_biomass_fac.pdf.
Fiscal Analyst: Heather Puletz, 317-234-9484.
SB 206 2