Indiana 2024 Regular Session

Indiana Senate Bill SB0206 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0206.1
	2	+	February 22, 2024
	3	+	ENGROSSED
	4	+	SENATE BILL No. 206
	5	+	_____
	6	+	DIGEST OF SB 206 (Updated February 21, 2024 1:45 pm - DI 140)
	7	+	Citations Affected: IC 13-13; IC 13-15; IC 13-20; IC 13-21; IC 13-26.
	8	+	Synopsis: Environmental matters. Authorizes the department of
	9	+	environmental management (department) to use electronic means to
	10	+	deliver mail communications, send or publish notices, accept notices
	11	+	and permit applications, provide access to documents for public
	12	+	comment, and store documents for future access. Authorizes the use
	13	+	of electronic communications in proceedings involving regional water,
	14	+	sewage, and solid waste districts. Requires the IDEM to make a
	15	+	determination concerning prior approval for the construction or
	16	+	expansion of a biomass anaerobic digestion facility or biomass
	17	+	gasification facility not more than 90 days after the date on which the
	18	+	department receives the completed application. Eliminates a provision
	19	+	of law stating that a person constructing or expanding a biomass
	20	+	anaerobic digestion facility or a biomass gasification facility is not
	21	+	required to obtain the prior approval of the department if air pollution
	22	+	control permit requirements apply to the facility.
	23	+	Effective: July 1, 2024.
	24	+	Niemeyer, Dernulc
	25	+	(HOUSE SPONSOR — MORRISON)
	26	+	January 9, 2024, read first time and referred to Committee on Environmental Affairs.
	27	+	February 1, 2024, amended, reported favorably — Do Pass.
	28	+	February 5, 2024, read second time, ordered engrossed. Engrossed.
	29	+	February 6, 2024, read third time, passed. Yeas 48, nays 0.
	30	+	HOUSE ACTION
	31	+	February 12, 2024, read first time and referred to Committee on Environmental Affairs.
	32	+	February 22, 2024, reported — Do Pass.
	33	+	ES 206—LS 6506/DI 150 February 22, 2024
1	34		Second Regular Session of the 123rd General Assembly (2024)
2	35		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	36		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	37		additions will appear in this style type, and deletions will appear in this style type.
5	38		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	39		provision adopted), the text of the new provision will appear in this style type. Also, the
7	40		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	41		a new provision to the Indiana Code or the Indiana Constitution.
9	42		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	43		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 206
12		-	AN ACT to amend the Indiana Code concerning environmental law.
	44	+	ENGROSSED
	45	+	SENATE BILL No. 206
	46	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	47	+	environmental law.
13	48		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 13-13-5-1.5 IS ADDED TO THE INDIANA CODE
15		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
16		-	1, 2024]: Sec. 1.5. (a) Subject to subsection (b), the department, to
17		-	increase efficiency and communication in carrying out the
18		-	purposes of section 1 of this chapter, may determine as appropriate
19		-	when to use electronic means to do the following:
20		-	(1) Deliver mail communications required by rule.
21		-	(2) Accept applications required by rule.
22		-	(3) Post public notices required by rule.
23		-	(4) Provide access to documents for public comment required
24		-	by rule.
25		-	(5) Store documents for future access required by rule.
26		-	(b) The department shall comply with IC 13-14-13 when using
27		-	electronic means for the purposes described in subsection (a).
28		-	SECTION 2. IC 13-15-4-7 IS AMENDED TO READ AS
	49	+	1 SECTION 1. IC 13-13-5-1.5 IS ADDED TO THE INDIANA CODE
	50	+	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	51	+	3 1, 2024]: Sec. 1.5. (a) Subject to subsection (b), the department, to
	52	+	4 increase efficiency and communication in carrying out the
	53	+	5 purposes of section 1 of this chapter, may determine as appropriate
	54	+	6 when to use electronic means to do the following:
	55	+	7 (1) Deliver mail communications required by rule.
	56	+	8 (2) Accept applications required by rule.
	57	+	9 (3) Post public notices required by rule.
	58	+	10 (4) Provide access to documents for public comment required
	59	+	11 by rule.
	60	+	12 (5) Store documents for future access required by rule.
	61	+	13 (b) The department shall comply with IC 13-14-13 when using
	62	+	14 electronic means for the purposes described in subsection (a).
	63	+	15 SECTION 2. IC 13-15-4-7 IS AMENDED TO READ AS
	64	+	16 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The following
	65	+	17 apply for purposes of calculating a period under sections 1 through 6
	66	+	ES 206—LS 6506/DI 150 2
	67	+	1 of this chapter: the period:
	68	+	2 (1) The period begins on the earlier earliest of the date:
	69	+	3 following:
	70	+	4 (A) The date on which an application and any required fee is
	71	+	5 received and stamped received by the department. or
	72	+	6 (B) The date that is marked by the department on a certified
	73	+	7 mail return receipt accompanying an application and any
	74	+	8 required fee. and
	75	+	9 (C) The date on which notice is sent by the department to
	76	+	10 the applicant confirming that the department has received
	77	+	11 an application and any required fees.
	78	+	12 (2) The period ends on the date a decision is issued to approve or
	79	+	13 deny the application under IC 4-21.5-3-4 or IC 4-21.5-3-5.
	80	+	14 (b) If an applicant pays an application fee with a check that is not
	81	+	15 covered with sufficient funds, a period described under sections 1
	82	+	16 through 6 of this chapter is suspended until the applicant pays the
	83	+	17 permit application fee.
	84	+	18 SECTION 3. IC 13-15-4-10, AS AMENDED BY P.L.140-2013,
	85	+	19 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	86	+	20 JULY 1, 2024]: Sec. 10. The commissioner may suspend the
	87	+	21 processing of an application, and the period described under sections
	88	+	22 1 through 6 of this chapter is suspended, if one (1) of the following
	89	+	23 occurs:
	90	+	24 (1) The department determines that the application is incomplete
	91	+	25 and has mailed or electronically sent a notice of deficiency to the
	92	+	26 applicant that specifies the parts of the application that:
	93	+	27 (A) do not contain adequate information for the department to
	94	+	28 process the application; or
	95	+	29 (B) are not consistent with applicable law.
	96	+	30 The period described under sections 1 through 6 of this chapter
	97	+	31 shall be suspended during the first two (2) notices of deficiency
	98	+	32 sent to an applicant under this subdivision. If more than two (2)
	99	+	33 notices of deficiency are issued on an application, the period may
	100	+	34 not be suspended unless the applicant agrees in writing to defer
	101	+	35 processing of the application pending the applicant's response to
	102	+	36 the notice of deficiency. A notice of deficiency may include a
	103	+	37 request for the applicant to conduct tests or sampling to provide
	104	+	38 information necessary for the department to process the
	105	+	39 application. If an applicant's response does not contain complete
	106	+	40 information to satisfy all deficiencies described in a notice of
	107	+	41 deficiency, the department shall notify the applicant not later than
	108	+	42 thirty (30) working days after receiving the response. The
	109	+	ES 206—LS 6506/DI 150 3
	110	+	1 commissioner shall resume processing the application, and the
	111	+	2 period described under sections 1 through 6 of this chapter
	112	+	3 resumes on the earlier earliest of the date the department receives
	113	+	4 and stamps as received the applicant's complete information, or
	114	+	5 the date marked by the department on a certified mail return
	115	+	6 receipt accompanying the applicant's complete information, or
	116	+	7 the date a notice is sent by the department to the applicant
	117	+	8 confirming that the department has received the applicant's
	118	+	9 complete information.
	119	+	10 (2) The commissioner receives a written request from an
	120	+	11 applicant to:
	121	+	12 (A) withdraw; or
	122	+	13 (B) defer processing of;
	123	+	14 the application for the purposes of resolving an issue related to a
	124	+	15 permit or to provide additional information concerning the
	125	+	16 application.
	126	+	17 (3) The department is required by federal law or by an agreement
	127	+	18 with the United States Environmental Protection Agency for a
	128	+	19 federal permit program to transmit a copy of the proposed permit
	129	+	20 to the administrator of the United States Environmental Protection
	130	+	21 Agency for review and possible objections before the permit may
	131	+	22 be issued. The period described under sections 1 through 6 of this
	132	+	23 chapter shall be suspended from the time the department submits
	133	+	24 the proposed permit to the administrator for review until:
	134	+	25 (A) the department receives the administrator's concurrence or
	135	+	26 objection to the issuance of the proposed permit; or
	136	+	27 (B) the period established in federal law by which the
	137	+	28 administrator is required to make objections expires without
	138	+	29 the administrator having filed an objection.
	139	+	30 (4) A board initiates emergency rulemaking under section 3(b) of
	140	+	31 this chapter to revise the period described under sections 1
	141	+	32 through 6 of this chapter.
	142	+	33 SECTION 4. IC 13-15-5-3 IS AMENDED TO READ AS
	143	+	34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Except as
	144	+	35 provided in section 2 of this chapter:
	145	+	36 (1) after the comment period; or
	146	+	37 (2) if a public hearing is held, after the public hearing;
	147	+	38 the commissioner shall issue the permit or deny the permit application.
	148	+	39 (b) Unless the commissioner states otherwise in writing, the
	149	+	40 commissioner's action under this section is effective immediately.
	150	+	41 (c) Notice of the commissioner's action shall be served upon the
	151	+	42 following:
	152	+	ES 206—LS 6506/DI 150 4
	153	+	1 (1) The permit applicant.
	154	+	2 (2) Each person who submitted written comments under section
	155	+	3 1 of this chapter.
	156	+	4 (3) Each person who requests notice of the permit determination.
	157	+	5 (4) The Administrator of the United States Environmental
	158	+	6 Protection Agency if service is required under the applicable
	159	+	7 federal law.
	160	+	8 (d) If the commissioner's action is likely to have a significant impact
	161	+	9 upon persons who are not readily identifiable, the commissioner may
	162	+	10 publish notice of the action on the permit application in a newspaper
	163	+	11 of general circulation in the county affected by the proposed permit or
	164	+	12 the commissioner may use electronic means to publish notice.
	165	+	13 SECTION 5. IC 13-15-6-7 IS AMENDED TO READ AS
	166	+	14 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) In computing a
	167	+	15 period of time under this chapter, the day of the act, event, or default
	168	+	16 from which the designated period of time begins to run is not included.
	169	+	17 The last day of the computed period is to be included unless it is a:
	170	+	18 (1) Saturday;
	171	+	19 (2) Sunday;
	172	+	20 (3) legal holiday under a state statute; or
	173	+	21 (4) day that the office in which the act is to be done is closed
	174	+	22 during regular business hours.
	175	+	23 (b) A period runs until the end of the next day after a day described
	176	+	24 in subsections (a)(1) through (a)(4).
	177	+	25 (c) A period of time under this chapter that commences when a
	178	+	26 person is served with a paper or electronic notice commences with
	179	+	27 respect to a particular person on the earlier of the date that: earliest of:
	180	+	28 (1) the date the person is personally served with the notice; or
	181	+	29 (2) the date a notice for the person is deposited in the United
	182	+	30 States mail; or
	183	+	31 (3) the date a notice for the person is electronically delivered.
	184	+	32 (d) If a notice is served through the United States mail or
	185	+	33 electronically, three (3) days must be added to a period that
	186	+	34 commences upon service of that notice.
	187	+	35 SECTION 6. IC 13-20-10.5-3, AS ADDED BY P.L.189-2011,
	188	+	36 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	189	+	37 JULY 1, 2024]: Sec. 3. (a) The department may determine that a
	190	+	38 biomass anaerobic digestion facility or a biomass gasification facility
	191	+	39 for which the input is a combination of biomass and solid waste is
	192	+	40 subject to regulation as a solid waste processing facility.
	193	+	41 (b) Anaerobic digestion and gasification facilities required to
	194	+	42 maintain a permit under IC 13-17 are not required to seek approval
	195	+	ES 206—LS 6506/DI 150 5
	196	+	1 under this chapter.
	197	+	2 SECTION 7. IC 13-20-10.5-3.5 IS ADDED TO THE INDIANA
	198	+	3 CODE AS A NEW SECTION TO READ AS FOLLOWS
	199	+	4 [EFFECTIVE JULY 1, 2024]: Sec. 3.5. (a) The department shall
	200	+	5 make a determination under section 1 of this chapter concerning
	201	+	6 prior approval for the construction or expansion of a biomass
	202	+	7 anaerobic digestion facility or biomass gasification facility for
	203	+	8 which the only input is biomass not later than ninety (90) days
	204	+	9 after the date on which the department receives the completed
	205	+	10 application for prior approval, including all required supplemental
	206	+	11 information, unless the department and the applicant agree to a
	207	+	12 longer time.
	208	+	13 (b) Subject to subsection (a), the department may conduct any
	209	+	14 inquiry or investigation that:
	210	+	15 (1) is consistent with the department's duties under this
	211	+	16 chapter; and
	212	+	17 (2) the department considers necessary;
	213	+	18 before making a determination under section 1 of this chapter.
	214	+	19 (c) If the department fails to make a determination within the
	215	+	20 time frame provided in subsection (a), the applicant may request
	216	+	21 and receive a refund of the fee paid by the applicant when the
	217	+	22 application for prior approval was submitted. The department
	218	+	23 shall continue to review the application and approve or deny the
	219	+	24 application as soon as practicable.
	220	+	25 SECTION 8. IC 13-21-5-2 IS AMENDED TO READ AS
	221	+	26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) A district must
	222	+	27 conduct at least one (1) regularly scheduled public meeting each month
	223	+	28 before the creation, amendment, or alteration of the district solid waste
	224	+	29 management plan. The board shall give notice of each public meeting
	225	+	30 in accordance with IC 5-14-1.5. In addition, a copy of the schedule of
	226	+	31 regularly scheduled monthly meetings shall annually be submitted for
	227	+	32 publication to a newspaper of general circulation in each county of the
	228	+	33 district, and the board may use electronic means to post public
	229	+	34 notice. The notice:
	230	+	35 (1) must be at least two (2) columns wide by five (5) inches long;
	231	+	36 and
	232	+	37 (2) may not be placed in the part of the newspaper where legal
	233	+	38 notices and classified advertisements appear.
	234	+	39 (b) Public comments shall be taken at each board meeting.
	235	+	40 SECTION 9. IC 13-26-2-6, AS AMENDED BY P.L.152-2021,
	236	+	41 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	237	+	42 JULY 1, 2024]: Sec. 6. (a) Except as provided in section 9 of this
	238	+	ES 206—LS 6506/DI 150 6
	239	+	1 chapter, the hearing officer shall fix a time and place inside or within
	240	+	2 ten (10) miles of the proposed district for the hearing on any matter for
	241	+	3 which a hearing is authorized under this chapter.
	242	+	4 (b) The hearing officer shall make a reasonable effort to provide
	243	+	5 notice of the hearing as follows:
	244	+	6 (1) By publication of notice two (2) times each week for two (2)
	245	+	7 consecutive weeks:
	246	+	8 (A) with each notice:
	247	+	9 (i) published in at least two (2) newspapers of general
	248	+	10 circulation in each of the counties, in whole or in part, in the
	249	+	11 district; and
	250	+	12 (ii) at a minimum, including a legal notice and a
	251	+	13 prominently displayed three (3) inches by five (5) inches
	252	+	14 advertisement; or and
	253	+	15 (iii) published through electronic means in a manner that
	254	+	16 maximizes notice of the hearing; or
	255	+	17 (B) with the first publication of notice in the newspapers
	256	+	18 described in clause (A) and all subsequent publications of
	257	+	19 notice:
	258	+	20 (i) in accordance with IC 5-3-5 and
	259	+	21 (ii) on the official web site website of each of the counties,
	260	+	22 in whole or in part, in the district; or
	261	+	23 (ii) in an electronic manner that maximizes notice of the
	262	+	24 hearing to the impacted individuals.
	263	+	25 (2) By United States mail or electronically sent at least two (2)
	264	+	26 weeks before the hearing to the following:
	265	+	27 (A) The fiscal and executive bodies of each county with
	266	+	28 territory in the proposed district.
	267	+	29 (B) The executive of all other eligible entities with territory in
	268	+	30 the proposed district, including the executive of a city or town
	269	+	31 that has:
	270	+	32 (i) a municipal sewage works under IC 36-9-23; or
	271	+	33 (ii) a public sanitation department under IC 36-9-25;
	272	+	34 having extraterritorial jurisdiction within the boundaries of the
	273	+	35 area to be included in the proposed district.
	274	+	36 (C) The state and any of its agencies owning, controlling, or
	275	+	37 leasing land within the proposed district, excluding highways
	276	+	38 and public thoroughfares owned or controlled by the Indiana
	277	+	39 department of transportation.
	278	+	40 (D) Each sewage disposal company holding a certificate of
	279	+	41 territorial authority under IC 8-1-2-89 respecting territory in
	280	+	42 the proposed district.
	281	+	ES 206—LS 6506/DI 150 7
	282	+	1 (3) By making a reasonable effort to provide notice of the hearing
	283	+	2 by regular United States mail, postage prepaid, mailed at least two
	284	+	3 (2) weeks before the hearing to each freeholder within the
	285	+	4 proposed district or electronically at least two (2) weeks before
	286	+	5 the hearing to each freeholder within the proposed district.
	287	+	6 (4) By including the date on which the hearing is to be held and
	288	+	7 a brief description of:
	289	+	8 (A) the subject of the petition, including a description of the
	290	+	9 general boundaries of the area to be included in the proposed
	291	+	10 district; and
	292	+	11 (B) the locations where copies of the petition are available for
	293	+	12 viewing.
	294	+	13 SECTION 10. IC 13-26-5-6.5, AS AMENDED BY P.L.152-2021,
	295	+	14 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	296	+	15 JULY 1, 2024]: Sec. 6.5. A district that intends to extend service within
	297	+	16 its territory shall provide notice to all owners of property to be served
	298	+	17 by the proposed extension of service in the following manner not later
	299	+	18 than sixty (60) days from the date of the decision to extend service:
	300	+	19 (1) By publication one (1) time each week for three (3)
	301	+	20 consecutive weeks:
	302	+	21 (A) with each publication of notice:
	303	+	22 (i) in at least two (2) newspapers of general circulation in
	304	+	23 each of the counties, in whole or in part, of the district
	305	+	24 affected by the proposed extension of service; or
	306	+	25 (ii) if there is only one (1) newspaper of general circulation
	307	+	26 in a county, a single publication satisfies the requirement of
	308	+	27 this subdivision; or
	309	+	28 (iii) published through electronic means in a manner that
	310	+	29 maximizes notice of the hearing; or
	311	+	30 (B) with the first publication of notice made in a newspaper or
	312	+	31 newspapers described in clause (A) and the two (2) subsequent
	313	+	32 publications of notice:
	314	+	33 (i) in accordance with IC 5-3-5 and
	315	+	34 (ii) on the official web site website of the district; or
	316	+	35 (ii) in an electronic manner that maximizes notice of the
	317	+	36 hearing to the impacted individuals.
	318	+	37 (2) By United States mail, postage prepaid, mailed to each
	319	+	38 freeholder within the territory to which the district proposes to
	320	+	39 extend service or electronically at least two (2) weeks before
	321	+	40 the hearing to each freeholder within the proposed district.
	322	+	41 SECTION 11. IC 13-26-11-12, AS AMENDED BY P.L.152-2021,
	323	+	42 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	324	+	ES 206—LS 6506/DI 150 8
	325	+	1 JULY 1, 2024]: Sec. 12. After introduction of the ordinance initially
	326	+	2 fixing rates or charges but before the ordinance is finally adopted,
	327	+	3 notice of the hearing setting forth the proposed schedule of the rates or
	328	+	4 charges must be given electronically or by publication one (1) time
	329	+	5 each week for two (2) weeks:
	330	+	6 (1) with each publication of notice:
	331	+	7 (A) in a newspaper of general circulation in each of the
	332	+	8 counties with territory in the district; or
	333	+	9 (B) published through electronic means in a manner that
	334	+	10 maximizes notice of the hearing; or
	335	+	11 (2) with the first publication of notice in a newspaper or
	336	+	12 electronically described in subdivision (1) and the second
	337	+	13 publication of notice:
	338	+	14 (A) in accordance with IC 5-3-5; and
	339	+	15 (B) on the official web site website of the district; and
	340	+	16 (C) in an electronic manner that maximizes notice of the
	341	+	17 hearing to the impacted individuals.
	342	+	18 The last publication or electronic notice must be at least seven (7)
	343	+	19 days before the date fixed in the notice for the hearing. The hearing
	344	+	20 may be adjourned as necessary.
	345	+	21 SECTION 12. IC 13-26-11-13, AS AMENDED BY P.L.84-2016,
	346	+	22 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	347	+	23 JULY 1, 2024]: Sec. 13. (a) The ordinance establishing the initial rates
	348	+	24 or charges, either as:
	349	+	25 (1) originally introduced; or
	350	+	26 (2) modified and amended;
	351	+	27 shall be passed and put into effect after the hearing.
	352	+	28 (b) A copy of the schedule of the rates and charges established must
	353	+	29 be:
	354	+	30 (1) kept on file in the office of the district; and
	355	+	31 (2) open to public inspection.
	356	+	32 (c) Whenever the board acts under section 8(b) of this chapter, to
	357	+	33 change or readjust the rates and charges, the board shall mail or
	358	+	34 electronically share, either separately or along with a periodic billing
	359	+	35 statement, a notice of the new rates and charges to each user affected
	360	+	36 by the change or readjustment. In the case of a sewage district, if the
	361	+	37 change or readjustment increases the rates and charges by the amount
	362	+	38 specified in section 15(c) of this chapter, the notice required by this
	363	+	39 subsection:
	364	+	40 (1) must include a statement of a ratepayer's rights under section
	365	+	41 15 of this chapter; and
	366	+	42 (2) shall be mailed or electronically shared within the time
	367	+	ES 206—LS 6506/DI 150 9
	368	+	1 specified in section 15(c) of this chapter.
	369	+	2 (d) Following the passage of an ordinance under subsection (a), the
	370	+	3 lesser of fifty (50) or ten percent (10%) of the ratepayers of the district
	371	+	4 may file a written petition objecting to the initial rates and charges of
	372	+	5 the district. A petition filed under this subsection must:
	373	+	6 (1) contain the name and address of each petitioner;
	374	+	7 (2) be filed with a member of the district authority, in the county
	375	+	8 where at least one (1) petitioner resides, not later than thirty (30)
	376	+	9 days after the district adopts the ordinance; and
	377	+	10 (3) set forth the grounds for the ratepayers' objection.
	378	+	11 (e) The district authority shall set the matter for public hearing not
	379	+	12 less than ten (10) business days but not later than twenty (20) business
	380	+	13 days after the petition has been filed. The district authority shall:
	381	+	14 (1) send notice of the hearing:
	382	+	15 (A) by certified mail; or
	383	+	16 (B) electronically;
	384	+	17 to the district and the first listed petitioner; and
	385	+	18 (2) publish the notice of the hearing:
	386	+	19 (A) in a newspaper of general circulation in each county in the
	387	+	20 district; or
	388	+	21 (B) in an electronic manner that maximizes notice of the
	389	+	22 hearing to the impacted individuals.
	390	+	23 (f) Upon the date fixed in the notice, the district authority shall hear
	391	+	24 the evidence produced and determine the following:
	392	+	25 (1) Whether the board of trustees of the district, in adopting the
	393	+	26 ordinance establishing sewer rates and charges, followed the
	394	+	27 procedure required by this chapter.
	395	+	28 (2) Whether the sewer rates and charges established by the board
	396	+	29 by ordinance are just and equitable rates and charges, according
	397	+	30 to the standards set forth in section 9 of this chapter.
	398	+	31 (g) After the district authority hears the evidence produced and
	399	+	32 makes the determinations set forth in subsection (f), the district
	400	+	33 authority, by a majority vote, shall:
	401	+	34 (1) sustain the ordinance establishing the rates and charges;
	402	+	35 (2) sustain the petition; or
	403	+	36 (3) make any other ruling appropriate in the matter, subject to the
	404	+	37 standards set forth in section 9 of this chapter.
	405	+	38 (h) The order of the district authority may be appealed by the district
	406	+	39 or a petitioner to the circuit court, superior court, or probate court of
	407	+	40 the county in which the district is located. The court shall try the appeal
	408	+	41 without a jury and shall determine one (1) or both of the following:
	409	+	42 (1) Whether the board of trustees of the district, in adopting the
	410	+	ES 206—LS 6506/DI 150 10
	411	+	1 ordinance establishing sewer rates and charges, followed the
	412	+	2 procedure required by this chapter.
	413	+	3 (2) Whether the sewer rates and charges established by the board
	414	+	4 by ordinance are just and equitable rates and charges, according
	415	+	5 to the standards set forth in section 9 of this chapter.
	416	+	6 Either party may appeal the circuit court's, superior court's, or probate
	417	+	7 court's decision in the same manner that other civil cases may be
	418	+	8 appealed.
	419	+	9 SECTION 13. IC 13-26-11-15, AS AMENDED BY P.L.84-2016,
	420	+	10 SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	421	+	11 JULY 1, 2024]: Sec. 15. (a) A district authority is established in each
	422	+	12 regional sewage district established under this article. A district
	423	+	13 authority:
	424	+	14 (1) must consist of an odd number of members;
	425	+	15 (2) must consist of at least three (3) members; and
	426	+	16 (3) may not include as a member any person who serves on the
	427	+	17 board of trustees of the district.
	428	+	18 (b) The district authority of a regional sewage district consists of the
	429	+	19 following members:
	430	+	20 (1) In the case of a regional sewage district located in one (1)
	431	+	21 county, the following members:
	432	+	22 (A) If no members of the county executive are trustees of the
	433	+	23 regional sewage district, the county executive of the county.
	434	+	24 (B) If:
	435	+	25 (i) one (1) or more members of the county executive are
	436	+	26 trustees of the regional sewage district; and
	437	+	27 (ii) no members of the county fiscal body are trustees of the
	438	+	28 regional sewage district;
	439	+	29 the members of the county fiscal body.
	440	+	30 (C) If the regional sewage district's board of trustees consists
	441	+	31 of one (1) or more members of the county executive and one
	442	+	32 (1) or more members of the county fiscal body, three (3)
	443	+	33 members appointed as follows:
	444	+	34 (i) Two (2) members appointed by the county executive. If
	445	+	35 not all of the members of the county executive are trustees
	446	+	36 of the district, the county executive may appoint either or
	447	+	37 both of the two (2) members required by this item from
	448	+	38 among the county executive's own membership, subject to
	449	+	39 subsection (a)(3).
	450	+	40 (ii) One (1) member appointed by the county fiscal body. If
	451	+	41 not all of the members of the county fiscal body are trustees
	452	+	42 of the district, the county fiscal body may appoint the
	453	+	ES 206—LS 6506/DI 150 11
	454	+	1 member required by this item from among the county fiscal
	455	+	2 body's own membership, subject to subsection (a)(3).
	456	+	3 (2) In the case of a regional sewage district located in more than
	457	+	4 one (1) county, the following members:
	458	+	5 (A) If:
	459	+	6 (i) an odd number of counties are part of the regional sewage
	460	+	7 district; and
	461	+	8 (ii) each county in the district has at least one (1) county
	462	+	9 executive member who is not a trustee of the regional
	463	+	10 sewage district;
	464	+	11 one (1) county executive member, appointed by that member's
	465	+	12 county executive, from each county in which the district is
	466	+	13 located, subject to subsection (a)(3).
	467	+	14 (B) If an even number of counties are part of the regional
	468	+	15 sewage district, the following members:
	469	+	16 (i) Two (2) county executive members, appointed by those
	470	+	17 members' county executive, from the county that has the
	471	+	18 largest number of customers served by the district's sewer
	472	+	19 system. However, if the county that has the largest number
	473	+	20 of customers served by the district's sewer system does not
	474	+	21 have at least two (2) members of its executive who are not
	475	+	22 also trustees of the district, the county executive of that
	476	+	23 county may appoint one (1) or more of the members
	477	+	24 required by this item from outside the county executive's
	478	+	25 own membership in order to comply with subsection (a)(3).
	479	+	26 (ii) One (1) county executive member, appointed by that
	480	+	27 member's county executive, from each county, other than the
	481	+	28 county described in item (i), in which the district is located.
	482	+	29 However, if a county described in this item does not have at
	483	+	30 least one (1) member of its executive who is not also a
	484	+	31 trustee of the district, the county executive of that county
	485	+	32 may appoint the member required by this item from outside
	486	+	33 the county executive's own membership in order to comply
	487	+	34 with subsection (a)(3).
	488	+	35 (C) If an odd number of counties are part of the regional
	489	+	36 sewage district and an odd number of those counties in the
	490	+	37 district do not have at least one (1) county executive member
	491	+	38 who is not also a trustee of the district, the following members:
	492	+	39 (i) One (1) county executive member, appointed by that
	493	+	40 member's county executive, from each county that has at
	494	+	41 least one (1) county executive member who is not also a
	495	+	42 trustee of the district, subject to subsection (a)(3).
	496	+	ES 206—LS 6506/DI 150 12
	497	+	1 (ii) One (1) member appointed by the county executive of
	498	+	2 each county that does not have at least one (1) county
	499	+	3 executive member who is not also a trustee of the district. A
	500	+	4 member appointed under this item must be appointed from
	501	+	5 outside the appointing county executive's own membership,
	502	+	6 subject to subsection (a)(3).
	503	+	7 (c) If a district adopts an ordinance increasing sewer rates and
	504	+	8 charges at a rate that is greater than five percent (5%) per year, as
	505	+	9 calculated from the rates and charges in effect from the date of the
	506	+	10 district's last rate increase, the district shall mail or electronically
	507	+	11 share, either separately or along with a periodic billing statement, a
	508	+	12 notice of the new rates and charges to each user of the sewer system
	509	+	13 who is affected by the increase. The notice:
	510	+	14 (1) shall be mailed or electronically shared not later than seven
	511	+	15 (7) days after the district adopts the ordinance increasing the rates
	512	+	16 and charges; and
	513	+	17 (2) must include a statement of a ratepayer's rights under this
	514	+	18 section.
	515	+	19 (d) If subsection (c) applies, fifty (50) ratepayers of the district or
	516	+	20 ten percent (10%) of the district's ratepayers, whichever is fewer, may
	517	+	21 file a written petition objecting to the rates and charges of the district.
	518	+	22 A petition filed under this subsection must:
	519	+	23 (1) contain the name and address of each petitioner;
	520	+	24 (2) be filed with a member of the district authority, in the county
	521	+	25 where at least one (1) petitioner resides, not later than thirty (30)
	522	+	26 days after the district adopts the ordinance establishing the rates
	523	+	27 and charges; and
	524	+	28 (3) set forth the grounds for the ratepayers' objection.
	525	+	29 If a petition meeting the requirements of this subsection is filed, the
	526	+	30 district authority shall investigate and conduct a public hearing on the
	527	+	31 petition. If more than one (1) petition concerning a particular increase
	528	+	32 in rates and charges is filed, the district authority shall consider the
	529	+	33 objections set forth in all the petitions at the same public hearing.
	530	+	34 (e) The district authority shall set the matter for public hearing not
	531	+	35 less than ten (10) business days but not later than twenty (20) business
	532	+	36 days after the petition has been filed. The district authority shall:
	533	+	37 (1) send notice of the hearing:
	534	+	38 (A) by certified mail; or
	535	+	39 (B) electronically;
	536	+	40 to the district and the first listed petitioner; and
	537	+	41 (2) publish the notice of the hearing:
	538	+	42 (A) in a newspaper of general circulation in each county in the
	539	+	ES 206—LS 6506/DI 150 13
	540	+	1 district; or
	541	+	2 (B) in an electronic manner that maximizes notice of the
	542	+	3 hearing to the impacted individuals.
	543	+	4 (f) Upon the date fixed in the notice, the district authority shall hear
	544	+	5 the evidence produced and determine the following:
	545	+	6 (1) Whether the board of trustees of the district, in adopting the
	546	+	7 ordinance increasing sewer rates and charges, followed the
	547	+	8 procedure required by this chapter.
	548	+	9 (2) Whether the increased sewer rates and charges established by
	549	+	10 the board by ordinance are just and equitable rates and charges,
	550	+	11 according to the standards set forth in section 9 of this chapter.
	551	+	12 (g) After the district authority hears the evidence produced and
	552	+	13 makes the determinations set forth in subsection (f), the district
	553	+	14 authority, by a majority vote, shall:
	554	+	15 (1) sustain the ordinance establishing the rates and charges;
	555	+	16 (2) sustain the petition; or
	556	+	17 (3) make any other ruling appropriate in the matter, subject to the
	557	+	18 standards set forth in section 9 of this chapter.
	558	+	19 (h) The order of the district authority may be appealed by the district
	559	+	20 or a petitioner to the circuit court, superior court, or probate court of
	560	+	21 the county in which the district is located. The court shall try the appeal
	561	+	22 without a jury and shall determine one (1) or both of the following:
	562	+	23 (1) Whether the board of trustees of the district, in adopting the
	563	+	24 ordinance increasing sewer rates and charges, followed the
	564	+	25 procedure required by this chapter.
	565	+	26 (2) Whether the increased sewer rates and charges established by
	566	+	27 the board by ordinance are just and equitable rates and charges,
	567	+	28 according to the standards set forth in section 9 of this chapter.
	568	+	29 Either party may appeal the circuit court's, superior court's, or probate
	569	+	30 court's decision in the same manner that other civil cases may be
	570	+	31 appealed.
	571	+	ES 206—LS 6506/DI 150 14
	572	+	COMMITTEE REPORT
	573	+	Madam President: The Senate Committee on Environmental Affairs,
	574	+	to which was referred Senate Bill No. 206, has had the same under
	575	+	consideration and begs leave to report the same back to the Senate with
	576	+	the recommendation that said bill be AMENDED as follows:
	577	+	Page 1, delete lines 15 through 17.
	578	+	Delete page 2.
	579	+	Page 3, delete lines 1 through 26, begin a new paragraph and insert:
	580	+	"SECTION 3. IC 13-15-4-7 IS AMENDED TO READ AS
29	581		FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The following
30	582		apply for purposes of calculating a period under sections 1 through 6
31	583		of this chapter: the period:
32	584		(1) The period begins on the earlier earliest of the date:
33	585		following:
34	586		(A) The date on which an application and any required fee is
35	587		received and stamped received by the department. or
36		-	SEA 206 2
37	588		(B) The date that is marked by the department on a certified
38	589		mail return receipt accompanying an application and any
39	590		required fee. and
40	591		(C) The date on which notice is sent by the department to
41	592		the applicant confirming that the department has received
42	593		an application and any required fees.
43	594		(2) The period ends on the date a decision is issued to approve or
44		-	deny the application under IC 4-21.5-3-4 or IC 4-21.5-3-5.
45		-	(b) If an applicant pays an application fee with a check that is not
46		-	covered with sufficient funds, a period described under sections 1
47		-	through 6 of this chapter is suspended until the applicant pays the
48		-	permit application fee.
49		-	SECTION 3. IC 13-15-4-10, AS AMENDED BY P.L.140-2013,
50		-	SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
51		-	JULY 1, 2024]: Sec. 10. The commissioner may suspend the
52		-	processing of an application, and the period described under sections
53		-	1 through 6 of this chapter is suspended, if one (1) of the following
54		-	occurs:
55		-	(1) The department determines that the application is incomplete
56		-	and has mailed or electronically sent a notice of deficiency to the
57		-	applicant that specifies the parts of the application that:
58		-	(A) do not contain adequate information for the department to
59		-	process the application; or
60		-	(B) are not consistent with applicable law.
61		-	The period described under sections 1 through 6 of this chapter
62		-	shall be suspended during the first two (2) notices of deficiency
63		-	sent to an applicant under this subdivision. If more than two (2)
64		-	notices of deficiency are issued on an application, the period may
65		-	not be suspended unless the applicant agrees in writing to defer
66		-	processing of the application pending the applicant's response to
67		-	the notice of deficiency. A notice of deficiency may include a
68		-	request for the applicant to conduct tests or sampling to provide
69		-	information necessary for the department to process the
70		-	application. If an applicant's response does not contain complete
71		-	information to satisfy all deficiencies described in a notice of
72		-	deficiency, the department shall notify the applicant not later than
73		-	thirty (30) working days after receiving the response. The
74		-	commissioner shall resume processing the application, and the
75		-	period described under sections 1 through 6 of this chapter
76		-	resumes on the earlier earliest of the date the department receives
77		-	and stamps as received the applicant's complete information, or
78		-	the date marked by the department on a certified mail return
79		-	SEA 206 3
80		-	receipt accompanying the applicant's complete information, or
81		-	the date a notice is sent by the department to the applicant
82		-	confirming that the department has received the applicant's
83		-	complete information.
84		-	(2) The commissioner receives a written request from an
85		-	applicant to:
86		-	(A) withdraw; or
87		-	(B) defer processing of;
88		-	the application for the purposes of resolving an issue related to a
89		-	permit or to provide additional information concerning the
90		-	application.
91		-	(3) The department is required by federal law or by an agreement
92		-	with the United States Environmental Protection Agency for a
93		-	federal permit program to transmit a copy of the proposed permit
94		-	to the administrator of the United States Environmental Protection
95		-	Agency for review and possible objections before the permit may
96		-	be issued. The period described under sections 1 through 6 of this
97		-	chapter shall be suspended from the time the department submits
98		-	the proposed permit to the administrator for review until:
99		-	(A) the department receives the administrator's concurrence or
100		-	objection to the issuance of the proposed permit; or
101		-	(B) the period established in federal law by which the
102		-	administrator is required to make objections expires without
103		-	the administrator having filed an objection.
104		-	(4) A board initiates emergency rulemaking under section 3(b) of
105		-	this chapter to revise the period described under sections 1
106		-	through 6 of this chapter.
107		-	SECTION 4. IC 13-15-5-3 IS AMENDED TO READ AS
108		-	FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Except as
109		-	provided in section 2 of this chapter:
110		-	(1) after the comment period; or
111		-	(2) if a public hearing is held, after the public hearing;
112		-	the commissioner shall issue the permit or deny the permit application.
113		-	(b) Unless the commissioner states otherwise in writing, the
114		-	commissioner's action under this section is effective immediately.
115		-	(c) Notice of the commissioner's action shall be served upon the
116		-	following:
117		-	(1) The permit applicant.
118		-	(2) Each person who submitted written comments under section
119		-	1 of this chapter.
120		-	(3) Each person who requests notice of the permit determination.
121		-	(4) The Administrator of the United States Environmental
122		-	SEA 206 4
123		-	Protection Agency if service is required under the applicable
124		-	federal law.
125		-	(d) If the commissioner's action is likely to have a significant impact
126		-	upon persons who are not readily identifiable, the commissioner may
127		-	publish notice of the action on the permit application in a newspaper
128		-	of general circulation in the county affected by the proposed permit or
129		-	the commissioner may use electronic means to publish notice.
130		-	SECTION 5. IC 13-15-6-7 IS AMENDED TO READ AS
131		-	FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) In computing a
132		-	period of time under this chapter, the day of the act, event, or default
133		-	from which the designated period of time begins to run is not included.
134		-	The last day of the computed period is to be included unless it is a:
135		-	(1) Saturday;
136		-	(2) Sunday;
137		-	(3) legal holiday under a state statute; or
138		-	(4) day that the office in which the act is to be done is closed
139		-	during regular business hours.
140		-	(b) A period runs until the end of the next day after a day described
141		-	in subsections (a)(1) through (a)(4).
142		-	(c) A period of time under this chapter that commences when a
143		-	person is served with a paper or electronic notice commences with
144		-	respect to a particular person on the earlier of the date that: earliest of:
145		-	(1) the date the person is personally served with the notice; or
146		-	(2) the date a notice for the person is deposited in the United
147		-	States mail; or
148		-	(3) the date a notice for the person is electronically delivered.
149		-	(d) If a notice is served through the United States mail or
150		-	electronically, three (3) days must be added to a period that
151		-	commences upon service of that notice.
152		-	SECTION 6. IC 13-20-10.5-3, AS ADDED BY P.L.189-2011,
	595	+	deny the application under IC 4-21.5-3-4 or IC 4-21.5-3-5.".
	596	+	Page 4, line 16, delete "earlier of" and insert "earlier earliest of".
	597	+	Page 4, line 19, delete "a notice" and insert "the date a notice is".
	598	+	Page 5, line 40, strike "earlier of the date that:" and insert "earliest
	599	+	of:".
	600	+	Page 5, line 41, after "(1)" insert "the date".
	601	+	Page 5, line 42, after "(2)" insert "the date".
	602	+	Page 6, line 2, after "(3)" insert "the date".
	603	+	Page 6, between lines 5 and 6, begin a new paragraph and insert:
	604	+	"SECTION 6. IC 13-20-10.5-3, AS ADDED BY P.L.189-2011,
153	605		SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
154	606		JULY 1, 2024]: Sec. 3. (a) The department may determine that a
155	607		biomass anaerobic digestion facility or a biomass gasification facility
156	608		for which the input is a combination of biomass and solid waste is
157	609		subject to regulation as a solid waste processing facility.
158	610		(b) Anaerobic digestion and gasification facilities required to
159	611		maintain a permit under IC 13-17 are not required to seek approval
160		-	under this chapter.
161		-	SECTION 7. IC 13-20-10.5-3.5 IS ADDED TO THE INDIANA
162		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
163		-	[EFFECTIVE JULY 1, 2024]: Sec. 3.5. (a) The department shall
164		-	make a determination under section 1 of this chapter concerning
165		-	SEA 206 5
166		-	prior approval for the construction or expansion of a biomass
167		-	anaerobic digestion facility or biomass gasification facility for
168		-	which the only input is biomass not later than ninety (90) days
169		-	after the date on which the department receives the completed
170		-	application for prior approval, including all required supplemental
171		-	information, unless the department and the applicant agree to a
172		-	longer time.
173		-	(b) Subject to subsection (a), the department may conduct any
174		-	inquiry or investigation that:
175		-	(1) is consistent with the department's duties under this
176		-	chapter; and
177		-	(2) the department considers necessary;
178		-	before making a determination under section 1 of this chapter.
179		-	(c) If the department fails to make a determination within the
180		-	time frame provided in subsection (a), the applicant may request
181		-	and receive a refund of the fee paid by the applicant when the
182		-	application for prior approval was submitted. The department
183		-	shall continue to review the application and approve or deny the
184		-	application as soon as practicable.
185		-	SECTION 8. IC 13-21-5-2 IS AMENDED TO READ AS
186		-	FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) A district must
187		-	conduct at least one (1) regularly scheduled public meeting each month
188		-	before the creation, amendment, or alteration of the district solid waste
189		-	management plan. The board shall give notice of each public meeting
190		-	in accordance with IC 5-14-1.5. In addition, a copy of the schedule of
191		-	regularly scheduled monthly meetings shall annually be submitted for
192		-	publication to a newspaper of general circulation in each county of the
193		-	district, and the board may use electronic means to post public
194		-	notice. The notice:
195		-	(1) must be at least two (2) columns wide by five (5) inches long;
196		-	and
197		-	(2) may not be placed in the part of the newspaper where legal
198		-	notices and classified advertisements appear.
199		-	(b) Public comments shall be taken at each board meeting.
200		-	SECTION 9. IC 13-26-2-6, AS AMENDED BY P.L.152-2021,
201		-	SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
202		-	JULY 1, 2024]: Sec. 6. (a) Except as provided in section 9 of this
203		-	chapter, the hearing officer shall fix a time and place inside or within
204		-	ten (10) miles of the proposed district for the hearing on any matter for
205		-	which a hearing is authorized under this chapter.
206		-	(b) The hearing officer shall make a reasonable effort to provide
207		-	notice of the hearing as follows:
208		-	SEA 206 6
209		-	(1) By publication of notice two (2) times each week for two (2)
210		-	consecutive weeks:
211		-	(A) with each notice:
212		-	(i) published in at least two (2) newspapers of general
213		-	circulation in each of the counties, in whole or in part, in the
214		-	district; and
215		-	(ii) at a minimum, including a legal notice and a
216		-	prominently displayed three (3) inches by five (5) inches
217		-	advertisement; or and
218		-	(iii) published through electronic means in a manner that
219		-	maximizes notice of the hearing; or
220		-	(B) with the first publication of notice in the newspapers
221		-	described in clause (A) and all subsequent publications of
222		-	notice:
223		-	(i) in accordance with IC 5-3-5 and
224		-	(ii) on the official web site website of each of the counties,
225		-	in whole or in part, in the district; or
226		-	(ii) in an electronic manner that maximizes notice of the
227		-	hearing to the impacted individuals.
228		-	(2) By United States mail or electronically sent at least two (2)
229		-	weeks before the hearing to the following:
230		-	(A) The fiscal and executive bodies of each county with
231		-	territory in the proposed district.
232		-	(B) The executive of all other eligible entities with territory in
233		-	the proposed district, including the executive of a city or town
234		-	that has:
235		-	(i) a municipal sewage works under IC 36-9-23; or
236		-	(ii) a public sanitation department under IC 36-9-25;
237		-	having extraterritorial jurisdiction within the boundaries of the
238		-	area to be included in the proposed district.
239		-	(C) The state and any of its agencies owning, controlling, or
240		-	leasing land within the proposed district, excluding highways
241		-	and public thoroughfares owned or controlled by the Indiana
242		-	department of transportation.
243		-	(D) Each sewage disposal company holding a certificate of
244		-	territorial authority under IC 8-1-2-89 respecting territory in
245		-	the proposed district.
246		-	(3) By making a reasonable effort to provide notice of the hearing
247		-	by regular United States mail, postage prepaid, mailed at least two
248		-	(2) weeks before the hearing to each freeholder within the
249		-	proposed district or electronically at least two (2) weeks before
250		-	the hearing to each freeholder within the proposed district.
251		-	SEA 206 7
252		-	(4) By including the date on which the hearing is to be held and
253		-	a brief description of:
254		-	(A) the subject of the petition, including a description of the
255		-	general boundaries of the area to be included in the proposed
256		-	district; and
257		-	(B) the locations where copies of the petition are available for
258		-	viewing.
259		-	SECTION 10. IC 13-26-5-6.5, AS AMENDED BY P.L.152-2021,
260		-	SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
261		-	JULY 1, 2024]: Sec. 6.5. A district that intends to extend service within
262		-	its territory shall provide notice to all owners of property to be served
263		-	by the proposed extension of service in the following manner not later
264		-	than sixty (60) days from the date of the decision to extend service:
265		-	(1) By publication one (1) time each week for three (3)
266		-	consecutive weeks:
267		-	(A) with each publication of notice:
268		-	(i) in at least two (2) newspapers of general circulation in
269		-	each of the counties, in whole or in part, of the district
270		-	affected by the proposed extension of service; or
271		-	(ii) if there is only one (1) newspaper of general circulation
272		-	in a county, a single publication satisfies the requirement of
273		-	this subdivision; or
274		-	(iii) published through electronic means in a manner that
275		-	maximizes notice of the hearing; or
276		-	(B) with the first publication of notice made in a newspaper or
277		-	newspapers described in clause (A) and the two (2) subsequent
278		-	publications of notice:
279		-	(i) in accordance with IC 5-3-5 and
280		-	(ii) on the official web site website of the district; or
281		-	(ii) in an electronic manner that maximizes notice of the
282		-	hearing to the impacted individuals.
283		-	(2) By United States mail, postage prepaid, mailed to each
284		-	freeholder within the territory to which the district proposes to
285		-	extend service or electronically at least two (2) weeks before
286		-	the hearing to each freeholder within the proposed district.
287		-	SECTION 11. IC 13-26-11-12, AS AMENDED BY P.L.152-2021,
288		-	SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
289		-	JULY 1, 2024]: Sec. 12. After introduction of the ordinance initially
290		-	fixing rates or charges but before the ordinance is finally adopted,
291		-	notice of the hearing setting forth the proposed schedule of the rates or
292		-	charges must be given electronically or by publication one (1) time
293		-	each week for two (2) weeks:
294		-	SEA 206 8
295		-	(1) with each publication of notice:
296		-	(A) in a newspaper of general circulation in each of the
297		-	counties with territory in the district; or
298		-	(B) published through electronic means in a manner that
299		-	maximizes notice of the hearing; or
300		-	(2) with the first publication of notice in a newspaper or
301		-	electronically described in subdivision (1) and the second
302		-	publication of notice:
303		-	(A) in accordance with IC 5-3-5; and
304		-	(B) on the official web site website of the district; and
305		-	(C) in an electronic manner that maximizes notice of the
306		-	hearing to the impacted individuals.
307		-	The last publication or electronic notice must be at least seven (7)
308		-	days before the date fixed in the notice for the hearing. The hearing
309		-	may be adjourned as necessary.
310		-	SECTION 12. IC 13-26-11-13, AS AMENDED BY P.L.84-2016,
311		-	SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
312		-	JULY 1, 2024]: Sec. 13. (a) The ordinance establishing the initial rates
313		-	or charges, either as:
314		-	(1) originally introduced; or
315		-	(2) modified and amended;
316		-	shall be passed and put into effect after the hearing.
317		-	(b) A copy of the schedule of the rates and charges established must
318		-	be:
319		-	(1) kept on file in the office of the district; and
320		-	(2) open to public inspection.
321		-	(c) Whenever the board acts under section 8(b) of this chapter, to
322		-	change or readjust the rates and charges, the board shall mail or
323		-	electronically share, either separately or along with a periodic billing
324		-	statement, a notice of the new rates and charges to each user affected
325		-	by the change or readjustment. In the case of a sewage district, if the
326		-	change or readjustment increases the rates and charges by the amount
327		-	specified in section 15(c) of this chapter, the notice required by this
328		-	subsection:
329		-	(1) must include a statement of a ratepayer's rights under section
330		-	15 of this chapter; and
331		-	(2) shall be mailed or electronically shared within the time
332		-	specified in section 15(c) of this chapter.
333		-	(d) Following the passage of an ordinance under subsection (a), the
334		-	lesser of fifty (50) or ten percent (10%) of the ratepayers of the district
335		-	may file a written petition objecting to the initial rates and charges of
336		-	the district. A petition filed under this subsection must:
337		-	SEA 206 9
338		-	(1) contain the name and address of each petitioner;
339		-	(2) be filed with a member of the district authority, in the county
340		-	where at least one (1) petitioner resides, not later than thirty (30)
341		-	days after the district adopts the ordinance; and
342		-	(3) set forth the grounds for the ratepayers' objection.
343		-	(e) The district authority shall set the matter for public hearing not
344		-	less than ten (10) business days but not later than twenty (20) business
345		-	days after the petition has been filed. The district authority shall:
346		-	(1) send notice of the hearing:
347		-	(A) by certified mail; or
348		-	(B) electronically;
349		-	to the district and the first listed petitioner; and
350		-	(2) publish the notice of the hearing:
351		-	(A) in a newspaper of general circulation in each county in the
352		-	district; or
353		-	(B) in an electronic manner that maximizes notice of the
354		-	hearing to the impacted individuals.
355		-	(f) Upon the date fixed in the notice, the district authority shall hear
356		-	the evidence produced and determine the following:
357		-	(1) Whether the board of trustees of the district, in adopting the
358		-	ordinance establishing sewer rates and charges, followed the
359		-	procedure required by this chapter.
360		-	(2) Whether the sewer rates and charges established by the board
361		-	by ordinance are just and equitable rates and charges, according
362		-	to the standards set forth in section 9 of this chapter.
363		-	(g) After the district authority hears the evidence produced and
364		-	makes the determinations set forth in subsection (f), the district
365		-	authority, by a majority vote, shall:
366		-	(1) sustain the ordinance establishing the rates and charges;
367		-	(2) sustain the petition; or
368		-	(3) make any other ruling appropriate in the matter, subject to the
369		-	standards set forth in section 9 of this chapter.
370		-	(h) The order of the district authority may be appealed by the district
371		-	or a petitioner to the circuit court, superior court, or probate court of
372		-	the county in which the district is located. The court shall try the appeal
373		-	without a jury and shall determine one (1) or both of the following:
374		-	(1) Whether the board of trustees of the district, in adopting the
375		-	ordinance establishing sewer rates and charges, followed the
376		-	procedure required by this chapter.
377		-	(2) Whether the sewer rates and charges established by the board
378		-	by ordinance are just and equitable rates and charges, according
379		-	to the standards set forth in section 9 of this chapter.
380		-	SEA 206 10
381		-	Either party may appeal the circuit court's, superior court's, or probate
382		-	court's decision in the same manner that other civil cases may be
383		-	appealed.
384		-	SECTION 13. IC 13-26-11-15, AS AMENDED BY P.L.84-2016,
385		-	SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
386		-	JULY 1, 2024]: Sec. 15. (a) A district authority is established in each
387		-	regional sewage district established under this article. A district
388		-	authority:
389		-	(1) must consist of an odd number of members;
390		-	(2) must consist of at least three (3) members; and
391		-	(3) may not include as a member any person who serves on the
392		-	board of trustees of the district.
393		-	(b) The district authority of a regional sewage district consists of the
394		-	following members:
395		-	(1) In the case of a regional sewage district located in one (1)
396		-	county, the following members:
397		-	(A) If no members of the county executive are trustees of the
398		-	regional sewage district, the county executive of the county.
399		-	(B) If:
400		-	(i) one (1) or more members of the county executive are
401		-	trustees of the regional sewage district; and
402		-	(ii) no members of the county fiscal body are trustees of the
403		-	regional sewage district;
404		-	the members of the county fiscal body.
405		-	(C) If the regional sewage district's board of trustees consists
406		-	of one (1) or more members of the county executive and one
407		-	(1) or more members of the county fiscal body, three (3)
408		-	members appointed as follows:
409		-	(i) Two (2) members appointed by the county executive. If
410		-	not all of the members of the county executive are trustees
411		-	of the district, the county executive may appoint either or
412		-	both of the two (2) members required by this item from
413		-	among the county executive's own membership, subject to
414		-	subsection (a)(3).
415		-	(ii) One (1) member appointed by the county fiscal body. If
416		-	not all of the members of the county fiscal body are trustees
417		-	of the district, the county fiscal body may appoint the
418		-	member required by this item from among the county fiscal
419		-	body's own membership, subject to subsection (a)(3).
420		-	(2) In the case of a regional sewage district located in more than
421		-	one (1) county, the following members:
422		-	(A) If:
423		-	SEA 206 11
424		-	(i) an odd number of counties are part of the regional sewage
425		-	district; and
426		-	(ii) each county in the district has at least one (1) county
427		-	executive member who is not a trustee of the regional
428		-	sewage district;
429		-	one (1) county executive member, appointed by that member's
430		-	county executive, from each county in which the district is
431		-	located, subject to subsection (a)(3).
432		-	(B) If an even number of counties are part of the regional
433		-	sewage district, the following members:
434		-	(i) Two (2) county executive members, appointed by those
435		-	members' county executive, from the county that has the
436		-	largest number of customers served by the district's sewer
437		-	system. However, if the county that has the largest number
438		-	of customers served by the district's sewer system does not
439		-	have at least two (2) members of its executive who are not
440		-	also trustees of the district, the county executive of that
441		-	county may appoint one (1) or more of the members
442		-	required by this item from outside the county executive's
443		-	own membership in order to comply with subsection (a)(3).
444		-	(ii) One (1) county executive member, appointed by that
445		-	member's county executive, from each county, other than the
446		-	county described in item (i), in which the district is located.
447		-	However, if a county described in this item does not have at
448		-	least one (1) member of its executive who is not also a
449		-	trustee of the district, the county executive of that county
450		-	may appoint the member required by this item from outside
451		-	the county executive's own membership in order to comply
452		-	with subsection (a)(3).
453		-	(C) If an odd number of counties are part of the regional
454		-	sewage district and an odd number of those counties in the
455		-	district do not have at least one (1) county executive member
456		-	who is not also a trustee of the district, the following members:
457		-	(i) One (1) county executive member, appointed by that
458		-	member's county executive, from each county that has at
459		-	least one (1) county executive member who is not also a
460		-	trustee of the district, subject to subsection (a)(3).
461		-	(ii) One (1) member appointed by the county executive of
462		-	each county that does not have at least one (1) county
463		-	executive member who is not also a trustee of the district. A
464		-	member appointed under this item must be appointed from
465		-	outside the appointing county executive's own membership,
466		-	SEA 206 12
467		-	subject to subsection (a)(3).
468		-	(c) If a district adopts an ordinance increasing sewer rates and
469		-	charges at a rate that is greater than five percent (5%) per year, as
470		-	calculated from the rates and charges in effect from the date of the
471		-	district's last rate increase, the district shall mail or electronically
472		-	share, either separately or along with a periodic billing statement, a
473		-	notice of the new rates and charges to each user of the sewer system
474		-	who is affected by the increase. The notice:
475		-	(1) shall be mailed or electronically shared not later than seven
476		-	(7) days after the district adopts the ordinance increasing the rates
477		-	and charges; and
478		-	(2) must include a statement of a ratepayer's rights under this
479		-	section.
480		-	(d) If subsection (c) applies, fifty (50) ratepayers of the district or
481		-	ten percent (10%) of the district's ratepayers, whichever is fewer, may
482		-	file a written petition objecting to the rates and charges of the district.
483		-	A petition filed under this subsection must:
484		-	(1) contain the name and address of each petitioner;
485		-	(2) be filed with a member of the district authority, in the county
486		-	where at least one (1) petitioner resides, not later than thirty (30)
487		-	days after the district adopts the ordinance establishing the rates
488		-	and charges; and
489		-	(3) set forth the grounds for the ratepayers' objection.
490		-	If a petition meeting the requirements of this subsection is filed, the
491		-	district authority shall investigate and conduct a public hearing on the
492		-	petition. If more than one (1) petition concerning a particular increase
493		-	in rates and charges is filed, the district authority shall consider the
494		-	objections set forth in all the petitions at the same public hearing.
495		-	(e) The district authority shall set the matter for public hearing not
496		-	less than ten (10) business days but not later than twenty (20) business
497		-	days after the petition has been filed. The district authority shall:
498		-	(1) send notice of the hearing:
499		-	(A) by certified mail; or
500		-	(B) electronically;
501		-	to the district and the first listed petitioner; and
502		-	(2) publish the notice of the hearing:
503		-	(A) in a newspaper of general circulation in each county in the
504		-	district; or
505		-	(B) in an electronic manner that maximizes notice of the
506		-	hearing to the impacted individuals.
507		-	(f) Upon the date fixed in the notice, the district authority shall hear
508		-	the evidence produced and determine the following:
509		-	SEA 206 13
510		-	(1) Whether the board of trustees of the district, in adopting the
511		-	ordinance increasing sewer rates and charges, followed the
512		-	procedure required by this chapter.
513		-	(2) Whether the increased sewer rates and charges established by
514		-	the board by ordinance are just and equitable rates and charges,
515		-	according to the standards set forth in section 9 of this chapter.
516		-	(g) After the district authority hears the evidence produced and
517		-	makes the determinations set forth in subsection (f), the district
518		-	authority, by a majority vote, shall:
519		-	(1) sustain the ordinance establishing the rates and charges;
520		-	(2) sustain the petition; or
521		-	(3) make any other ruling appropriate in the matter, subject to the
522		-	standards set forth in section 9 of this chapter.
523		-	(h) The order of the district authority may be appealed by the district
524		-	or a petitioner to the circuit court, superior court, or probate court of
525		-	the county in which the district is located. The court shall try the appeal
526		-	without a jury and shall determine one (1) or both of the following:
527		-	(1) Whether the board of trustees of the district, in adopting the
528		-	ordinance increasing sewer rates and charges, followed the
529		-	procedure required by this chapter.
530		-	(2) Whether the increased sewer rates and charges established by
531		-	the board by ordinance are just and equitable rates and charges,
532		-	according to the standards set forth in section 9 of this chapter.
533		-	Either party may appeal the circuit court's, superior court's, or probate
534		-	court's decision in the same manner that other civil cases may be
535		-	appealed.
536		-	SEA 206 President of the Senate
537		-	President Pro Tempore
538		-	Speaker of the House of Representatives
539		-	Governor of the State of Indiana
540		-	Date: Time:
541		-	SEA 206
	612	+	under this chapter.".
	613	+	ES 206—LS 6506/DI 150 15
	614	+	Page 7, delete lines 2 through 42.
	615	+	Delete pages 8 through 11.
	616	+	Page 12, delete lines 1 through 9.
	617	+	Renumber all SECTIONS consecutively.
	618	+	and when so amended that said bill do pass.
	619	+	(Reference is to SB 206 as introduced.)
	620	+	NIEMEYER, Chairperson
	621	+	Committee Vote: Yeas 10, Nays 0.
	622	+	_____
	623	+	COMMITTEE REPORT
	624	+	Mr. Speaker: Your Committee on Environmental Affairs, to which
	625	+	was referred Senate Bill 206, has had the same under consideration and
	626	+	begs leave to report the same back to the House with the
	627	+	recommendation that said bill do pass.
	628	+	(Reference is to SB 206 as printed February 2, 2024.)
	629	+	CULP
	630	+	Committee Vote: Yeas 10, Nays 0
	631	+	ES 206—LS 6506/DI 150