IN
Indiana Senate Bill SB0271

Indiana 2024 Regular Session

Indiana Senate Bill SB0271 Compare Versions

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11
22 Introduced Version
33 SENATE BILL No. 271
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 5-1.2-11.5; IC 13-11-2; IC 13-18-28;
77 IC 14-25-7.
88 Synopsis: Water resource management. Makes the Indiana finance
99 authority (authority) the entity with primary authority for the gathering,
1010 interpretation, and dissemination of Indiana water resource data.
1111 Requires the authority to coordinate and facilitate statewide water
1212 resource planning in Indiana. Defines "water supply reservoir" as a
1313 body of water that was formed by the construction of a dam and from
1414 which water is drawn by a water treatment plant that provides water
1515 utility service to the public. Provides that effluent from a wastewater
1616 treatment plant shall not be discharged into: (1) a water supply
1717 reservoir; (2) a stream that flows into a water supply reservoir; or (3)
1818 a wetland associated with a stream that flows into a water supply
1919 reservoir; through a pipeline more than 10 miles in length.
2020 Effective: July 1, 2024.
2121 Ford J.D.
2222 January 16, 2024, read first time and referred to Committee on Utilities.
2323 2024 IN 271—LS 6793/DI 55 Introduced
2424 Second Regular Session of the 123rd General Assembly (2024)
2525 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2626 Constitution) is being amended, the text of the existing provision will appear in this style type,
2727 additions will appear in this style type, and deletions will appear in this style type.
2828 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2929 provision adopted), the text of the new provision will appear in this style type. Also, the
3030 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3131 a new provision to the Indiana Code or the Indiana Constitution.
3232 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3333 between statutes enacted by the 2023 Regular Session of the General Assembly.
3434 SENATE BILL No. 271
3535 A BILL FOR AN ACT to amend the Indiana Code concerning
3636 natural resources.
3737 Be it enacted by the General Assembly of the State of Indiana:
3838 1 SECTION 1. IC 5-1.2-11.5-3, AS AMENDED BY P.L.10-2019,
3939 2 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4040 3 JULY 1, 2024]: Sec. 3. The authority shall do the following:
4141 4 (1) Monitor and study events and conditions that bear upon the
4242 5 ability of utilities to provide clean and safe drinking water in
4343 6 Indiana for the foreseeable future, including the ability of utilities
4444 7 to directly or indirectly fund the increasing costs of meeting
4545 8 governmental requirements.
4646 9 (2) Gather, interpret, and disseminate water resource data,
4747 10 and coordinate the gathering, interpretation, and
4848 11 dissemination of water resource data in Indiana.
4949 12 (3) Coordinate and facilitate statewide water resource
5050 13 planning.
5151 14 (4) Perform quality assurance review under IC 14-25-7-18 of
5252 15 water resources data compiled from the reports submitted
5353 16 under IC 14-25-7-15 by owners of significant water
5454 17 withdrawal facilities.
5555 2024 IN 271—LS 6793/DI 55 2
5656 1 SECTION 2. IC 5-1.2-11.5-4, AS AMENDED BY P.L.10-2019,
5757 2 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5858 3 JULY 1, 2024]: Sec. 4. The powers of the authority under section 3
5959 4 3(1) of this chapter include the following:
6060 5 (1) Assessing issues related to service line ownership and
6161 6 replacement.
6262 7 (2) Assessing the challenges that utilities are likely to encounter
6363 8 as they become subject to more stringent governmental
6464 9 requirements.
6565 10 (3) Studying cost recovery mechanisms that enable utilities to
6666 11 respond quickly to system needs.
6767 12 (4) Monitoring the growing costs for utilities in complying with
6868 13 consent decrees related to governmental requirements.
6969 14 (5) Studying regional water ownership issues, including
7070 15 cross-border issues.
7171 16 SECTION 3. IC 5-1.2-11.5-4.1 IS ADDED TO THE INDIANA
7272 17 CODE AS A NEW SECTION TO READ AS FOLLOWS
7373 18 [EFFECTIVE JULY 1, 2024]: Sec. 4.1. The powers of the authority
7474 19 under section 3(2) of this chapter include the following:
7575 20 (1) Collecting water resource data from sources throughout
7676 21 Indiana, including the following:
7777 22 (A) The department of natural resources and the natural
7878 23 resources commission.
7979 24 (B) The Indiana geological and water survey established by
8080 25 IC 21-47-2.
8181 26 (C) The reports submitted under IC 14-25-7-15 by owners
8282 27 of significant water withdrawal facilities.
8383 28 (D) Universities and colleges.
8484 29 (E) Water utilities.
8585 30 (F) The volunteer monitoring program established under
8686 31 IC 14-25-7-12.5.
8787 32 (G) Other owners and operators of groundwater
8888 33 monitoring wells.
8989 34 (2) Establishing a central repository or data base of
9090 35 information on water resources throughout Indiana.
9191 36 (3) Recognizing deficiencies in the available data about
9292 37 Indiana water resources and taking action to remedy those
9393 38 deficiencies.
9494 39 (4) Analyzing and facilitating the analysis of data about
9595 40 Indiana water resources.
9696 41 (5) Providing water resource data and analysis of water
9797 42 resource data to:
9898 2024 IN 271—LS 6793/DI 55 3
9999 1 (A) the governor;
100100 2 (B) the general assembly;
101101 3 (C) state agencies;
102102 4 (D) water utilities;
103103 5 (E) local governmental entities;
104104 6 (F) water resource boards, councils, or other entities
105105 7 established in study areas under section 5(c) of this
106106 8 chapter; and
107107 9 (G) other public sector and private sector entities.
108108 10 (6) Employing staff having academic and professional
109109 11 qualifications appropriate to the gathering, interpretation,
110110 12 and dissemination of water resource data.
111111 13 SECTION 4. IC 5-1.2-11.5-4.2 IS ADDED TO THE INDIANA
112112 14 CODE AS A NEW SECTION TO READ AS FOLLOWS
113113 15 [EFFECTIVE JULY 1, 2024]: Sec. 4.2. The powers of the authority
114114 16 under section 3(3) of this chapter include the following:
115115 17 (1) Promoting and participating in statewide water resource
116116 18 planning to ensure that:
117117 19 (A) ample water resources will be available throughout the
118118 20 state to meet future agricultural, municipal, industrial, and
119119 21 recreational water needs;
120120 22 (B) water resources are conserved and used wisely; and
121121 23 (C) economic development efforts in each area of the state
122122 24 are undertaken with knowledge of the water resources of
123123 25 the area.
124124 26 (2) Monitoring water usage to ensure that it will not deplete
125125 27 the water resources of an area during times of peak usage.
126126 28 (3) Promoting and facilitating water resource planning at the
127127 29 local level so that:
128128 30 (A) local governmental leaders can be guided in their
129129 31 planning and decision making by knowledge of local water
130130 32 resources; and
131131 33 (B) the water resource plans of multiple local areas can be
132132 34 synthesized to produce area and statewide water resource
133133 35 plans.
134134 36 SECTION 5. IC 5-1.2-11.5-5, AS ADDED BY P.L.15-2019,
135135 37 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
136136 38 JULY 1, 2024]: Sec. 5. (a) For the purposes of this chapter, the
137137 39 authority shall divide the state of Indiana into study areas.
138138 40 (b) Each study area created under this section must consist of
139139 41 multiple counties. In selecting the counties to comprise each study area,
140140 42 the authority may consider similarities among the counties in:
141141 2024 IN 271—LS 6793/DI 55 4
142142 1 (1) the watersheds in which they are located;
143143 2 (2) the water sources that are available in them; and
144144 3 (3) any other factors the authority considers relevant.
145145 4 (c) The study areas into which the state is divided under this
146146 5 section may serve as units within which local water resource
147147 6 planning, as promoted and facilitated by the authority under
148148 7 section 4.2(3) of this chapter, takes place. If water resource
149149 8 councils, boards, or other entities are established within study
150150 9 areas, the authority shall promote and facilitate water resource
151151 10 planning by those entities and shall provide water resource data
152152 11 and analysis to those entities.
153153 12 SECTION 6. IC 13-11-2-258, AS AMENDED BY P.L.15-2019,
154154 13 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
155155 14 JULY 1, 2024]: Sec. 258. (a) "Wastewater treatment plant", for
156156 15 purposes of IC 13-18-11, IC 13-18-28, and IC 13-20-17.5, and
157157 16 environmental management laws, means the system of treatment
158158 17 works, regulatory devices, equipment, and other facilities and
159159 18 appurtenances installed to treat sewage, industrial wastes, and other
160160 19 wastes delivered by a system of sewers and other related facilities,
161161 20 whether owned or operated by the state, a municipality, or a person,
162162 21 firm, or corporation. The term does not include septic tank disposal
163163 22 systems.
164164 23 (b) "Wastewater treatment plant", for purposes of IC 13-18-26,
165165 24 means the system of treatment works, regulatory devices, equipment,
166166 25 and other facilities and appurtenances installed to treat sewage and
167167 26 other wastes that are delivered by a system of sewers and other related
168168 27 facilities, regardless of whether the system of treatment works,
169169 28 regulatory devices, equipment, and other facilities and appurtenances
170170 29 is owned or operated by the state, a municipality, a person, a firm, or
171171 30 a corporation. The term does not include a system that is installed by
172172 31 a company or industry and used to treat industrial wastes prior to
173173 32 discharge of the wastewater in accordance with a permit issued by the
174174 33 department or another entity to which permitting authority has been
175175 34 delegated.
176176 35 SECTION 7. IC 13-11-2-262.3 IS ADDED TO THE INDIANA
177177 36 CODE AS A NEW SECTION TO READ AS FOLLOWS
178178 37 [EFFECTIVE JULY 1, 2024]: Sec. 262.3. "Water supply reservoir",
179179 38 for purposes of IC 13-18-28, has the meaning set forth in
180180 39 IC 13-18-28-1.
181181 40 SECTION 8. IC 13-18-28 IS ADDED TO THE INDIANA CODE
182182 41 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
183183 42 JULY 1, 2024]:
184184 2024 IN 271—LS 6793/DI 55 5
185185 1 Chapter 28. Discharge From Wastewater Treatment Plant Into
186186 2 a Water Supply Reservoir
187187 3 Sec. 1. As used in this chapter, "water supply reservoir" means
188188 4 a body of water:
189189 5 (1) that was formed by the construction of a dam; and
190190 6 (2) from which water is drawn by a water treatment plant
191191 7 that provides water utility service to the public.
192192 8 Sec. 2. Effluent from a wastewater treatment plant shall not be
193193 9 discharged into:
194194 10 (1) a water supply reservoir;
195195 11 (2) a stream that flows into a water supply reservoir; or
196196 12 (3) a wetland associated with a stream that flows into a water
197197 13 supply reservoir;
198198 14 through a pipeline more than ten (10) miles in length.
199199 15 SECTION 9. IC 14-25-7-12 IS AMENDED TO READ AS
200200 16 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. The commission
201201 17 may do the following:
202202 18 (1) Collect, and disseminate, and make available to the Indiana
203203 19 finance authority information relating to the water resource.
204204 20 (2) Consult with and advise all users of the water resource as to
205205 21 availability of the water resource and the most practical method
206206 22 of water withdrawal, development, conservation, and use.
207207 23 (3) Make the necessary investigations and inspections for proper
208208 24 administration of this chapter.
209209 25 (4) Enter at reasonable times with proper notice upon any
210210 26 property other than a dwelling place for the purpose of inspecting
211211 27 and investigating significant water withdrawal facilities or
212212 28 enforcing this chapter.
213213 29 (5) Establish, by rule, the criteria for the determination of
214214 30 minimum stream flows and minimum ground water levels.
215215 31 (6) When necessary for the proper administration and
216216 32 enforcement of this chapter, require the metering or other
217217 33 reasonable measurement of water withdrawals from significant
218218 34 water withdrawal facilities and the reporting of the metering or
219219 35 measurement to the commission.
220220 36 (7) Cooperate with other state and local agencies, other states and
221221 37 their state agencies, and agencies of the United States in water
222222 38 resource development, conservation, and use.
223223 39 (8) Accept and administer money from any source to aid in
224224 40 carrying out this chapter.
225225 41 (9) Exercise the additional authority necessary to carry out this
226226 42 chapter.
227227 2024 IN 271—LS 6793/DI 55 6
228228 1 SECTION 10. IC 14-25-7-12.5, AS ADDED BY P.L.189-2015,
229229 2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
230230 3 JULY 1, 2024]: Sec. 12.5. (a) The department shall cooperate with the
231231 4 United States Geological Survey to establish a program under which
232232 5 volunteers may monitor the water resource and provide monitoring data
233233 6 to the Indiana finance authority, the commission, the department,
234234 7 and the United States Geological Survey. Data derived from the
235235 8 voluntary monitoring conducted under the program may be:
236236 9 (1) collected and disseminated by the commission under section
237237 10 12(1) of this chapter; and
238238 11 (2) used by the commission in conducting the continuing
239239 12 assessment of the availability of the water resource under section
240240 13 11(1) of this chapter.
241241 14 (b) The department may cooperate with other local, state, and
242242 15 federal governmental agencies in implementing this section.
243243 16 (c) The commission, under IC 4-22-2 and section 10(a) of this
244244 17 chapter, may adopt rules concerning the administration of this section.
245245 18 Section 10(c) and 10(d) of this chapter does not apply to the adoption
246246 19 of rules under this subsection.
247247 20 SECTION 11. IC 14-25-7-18, AS AMENDED BY P.L.189-2018,
248248 21 SECTION 137, IS AMENDED TO READ AS FOLLOWS
249249 22 [EFFECTIVE JULY 1, 2024]: Sec. 18. (a) As used in this section,
250250 23 "authority" refers to the Indiana finance authority established by
251251 24 IC 5-1.2-3.
252252 25 (b) As used in this section, "quality assurance review" means a
253253 26 process of reviewing and verifying water resources data with the goal
254254 27 of assuring the reliability of the data. The term includes the application
255255 28 of certain objectives, principles, and policies already in use at the
256256 29 Indiana geological and water survey in maintaining consistency in
257257 30 water resources data and accountability to the scientific community and
258258 31 general public.
259259 32 (c) The authority shall perform a quality assurance review of the
260260 33 water resources data compiled from the reports submitted by owners of
261261 34 significant water withdrawal facilities under (1) section 15 of this
262262 35 chapter. and
263263 36 (2) IC 13-2-6.1-1 and IC 13-2-6.1-7 (before their repeal);
264264 37 beginning with the reports submitted for the 1985 calendar year.
265265 38 (d) The authority may enter into contracts with one (1) or more
266266 39 professionals or state educational institutions under which the
267267 40 professionals or state educational institutions will perform some or all
268268 41 of the duties imposed on the authority by this section. The authority
269269 42 may compensate the professionals or state educational institutions for
270270 2024 IN 271—LS 6793/DI 55 7
271271 1 work performed under this section with:
272272 2 (1) money from the drinking water revolving loan fund
273273 3 established by IC 5-1.2-10-3; or
274274 4 (2) any other funds appropriated to the authority.
275275 5 (e) In performing the quality assurance review required by this
276276 6 section, the authority shall use the water resources data in a manner
277277 7 that:
278278 8 (1) protects the confidential information of owners of significant
279279 9 water withdrawal facilities; and
280280 10 (2) is consistent with IC 5-14-3-4.
281281 11 (f) The authority shall present the results of the quality assurance
282282 12 review performed under this section, as those results become available,
283283 13 to the water rights and use section of the department's division of water.
284284 14 The water rights and use section shall maintain the results in the data
285285 15 base of data extracted from reports submitted by owners of significant
286286 16 water withdrawal facilities under section 15 of this chapter (and
287287 17 IC 13-2-6.1-1 and IC 13-2-6.1-7 before their repeal).
288288 2024 IN 271—LS 6793/DI 55