Introduced Version
SENATE BILL No. 271
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-1.2-11.5; IC 13-11-2; IC 13-18-28;
IC 14-25-7.
Synopsis: Water resource management. Makes the Indiana finance
authority (authority) the entity with primary authority for the gathering,
interpretation, and dissemination of Indiana water resource data.
Requires the authority to coordinate and facilitate statewide water
resource planning in Indiana. Defines "water supply reservoir" as a
body of water that was formed by the construction of a dam and from
which water is drawn by a water treatment plant that provides water
utility service to the public. Provides that effluent from a wastewater
treatment plant shall not be discharged into: (1) a water supply
reservoir; (2) a stream that flows into a water supply reservoir; or (3)
a wetland associated with a stream that flows into a water supply
reservoir; through a pipeline more than 10 miles in length.
Effective: July 1, 2024.
Ford J.D.
January 16, 2024, read first time and referred to Committee on Utilities.
2024 IN 271—LS 6793/DI 55 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 271
A BILL FOR AN ACT to amend the Indiana Code concerning
natural resources.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-1.2-11.5-3, AS AMENDED BY P.L.10-2019,
2 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 3. The authority shall do the following:
4 (1) Monitor and study events and conditions that bear upon the
5 ability of utilities to provide clean and safe drinking water in
6 Indiana for the foreseeable future, including the ability of utilities
7 to directly or indirectly fund the increasing costs of meeting
8 governmental requirements.
9 (2) Gather, interpret, and disseminate water resource data,
10 and coordinate the gathering, interpretation, and
11 dissemination of water resource data in Indiana.
12 (3) Coordinate and facilitate statewide water resource
13 planning.
14 (4) Perform quality assurance review under IC 14-25-7-18 of
15 water resources data compiled from the reports submitted
16 under IC 14-25-7-15 by owners of significant water
17 withdrawal facilities.
2024 IN 271—LS 6793/DI 55 2
1 SECTION 2. IC 5-1.2-11.5-4, AS AMENDED BY P.L.10-2019,
2 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 4. The powers of the authority under section 3
4 3(1) of this chapter include the following:
5 (1) Assessing issues related to service line ownership and
6 replacement.
7 (2) Assessing the challenges that utilities are likely to encounter
8 as they become subject to more stringent governmental
9 requirements.
10 (3) Studying cost recovery mechanisms that enable utilities to
11 respond quickly to system needs.
12 (4) Monitoring the growing costs for utilities in complying with
13 consent decrees related to governmental requirements.
14 (5) Studying regional water ownership issues, including
15 cross-border issues.
16 SECTION 3. IC 5-1.2-11.5-4.1 IS ADDED TO THE INDIANA
17 CODE AS A NEW SECTION TO READ AS FOLLOWS
18 [EFFECTIVE JULY 1, 2024]: Sec. 4.1. The powers of the authority
19 under section 3(2) of this chapter include the following:
20 (1) Collecting water resource data from sources throughout
21 Indiana, including the following:
22 (A) The department of natural resources and the natural
23 resources commission.
24 (B) The Indiana geological and water survey established by
25 IC 21-47-2.
26 (C) The reports submitted under IC 14-25-7-15 by owners
27 of significant water withdrawal facilities.
28 (D) Universities and colleges.
29 (E) Water utilities.
30 (F) The volunteer monitoring program established under
31 IC 14-25-7-12.5.
32 (G) Other owners and operators of groundwater
33 monitoring wells.
34 (2) Establishing a central repository or data base of
35 information on water resources throughout Indiana.
36 (3) Recognizing deficiencies in the available data about
37 Indiana water resources and taking action to remedy those
38 deficiencies.
39 (4) Analyzing and facilitating the analysis of data about
40 Indiana water resources.
41 (5) Providing water resource data and analysis of water
42 resource data to:
2024 IN 271—LS 6793/DI 55 3
1 (A) the governor;
2 (B) the general assembly;
3 (C) state agencies;
4 (D) water utilities;
5 (E) local governmental entities;
6 (F) water resource boards, councils, or other entities
7 established in study areas under section 5(c) of this
8 chapter; and
9 (G) other public sector and private sector entities.
10 (6) Employing staff having academic and professional
11 qualifications appropriate to the gathering, interpretation,
12 and dissemination of water resource data.
13 SECTION 4. IC 5-1.2-11.5-4.2 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2024]: Sec. 4.2. The powers of the authority
16 under section 3(3) of this chapter include the following:
17 (1) Promoting and participating in statewide water resource
18 planning to ensure that:
19 (A) ample water resources will be available throughout the
20 state to meet future agricultural, municipal, industrial, and
21 recreational water needs;
22 (B) water resources are conserved and used wisely; and
23 (C) economic development efforts in each area of the state
24 are undertaken with knowledge of the water resources of
25 the area.
26 (2) Monitoring water usage to ensure that it will not deplete
27 the water resources of an area during times of peak usage.
28 (3) Promoting and facilitating water resource planning at the
29 local level so that:
30 (A) local governmental leaders can be guided in their
31 planning and decision making by knowledge of local water
32 resources; and
33 (B) the water resource plans of multiple local areas can be
34 synthesized to produce area and statewide water resource
35 plans.
36 SECTION 5. IC 5-1.2-11.5-5, AS ADDED BY P.L.15-2019,
37 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2024]: Sec. 5. (a) For the purposes of this chapter, the
39 authority shall divide the state of Indiana into study areas.
40 (b) Each study area created under this section must consist of
41 multiple counties. In selecting the counties to comprise each study area,
42 the authority may consider similarities among the counties in:
2024 IN 271—LS 6793/DI 55 4
1 (1) the watersheds in which they are located;
2 (2) the water sources that are available in them; and
3 (3) any other factors the authority considers relevant.
4 (c) The study areas into which the state is divided under this
5 section may serve as units within which local water resource
6 planning, as promoted and facilitated by the authority under
7 section 4.2(3) of this chapter, takes place. If water resource
8 councils, boards, or other entities are established within study
9 areas, the authority shall promote and facilitate water resource
10 planning by those entities and shall provide water resource data
11 and analysis to those entities.
12 SECTION 6. IC 13-11-2-258, AS AMENDED BY P.L.15-2019,
13 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2024]: Sec. 258. (a) "Wastewater treatment plant", for
15 purposes of IC 13-18-11, IC 13-18-28, and IC 13-20-17.5, and
16 environmental management laws, means the system of treatment
17 works, regulatory devices, equipment, and other facilities and
18 appurtenances installed to treat sewage, industrial wastes, and other
19 wastes delivered by a system of sewers and other related facilities,
20 whether owned or operated by the state, a municipality, or a person,
21 firm, or corporation. The term does not include septic tank disposal
22 systems.
23 (b) "Wastewater treatment plant", for purposes of IC 13-18-26,
24 means the system of treatment works, regulatory devices, equipment,
25 and other facilities and appurtenances installed to treat sewage and
26 other wastes that are delivered by a system of sewers and other related
27 facilities, regardless of whether the system of treatment works,
28 regulatory devices, equipment, and other facilities and appurtenances
29 is owned or operated by the state, a municipality, a person, a firm, or
30 a corporation. The term does not include a system that is installed by
31 a company or industry and used to treat industrial wastes prior to
32 discharge of the wastewater in accordance with a permit issued by the
33 department or another entity to which permitting authority has been
34 delegated.
35 SECTION 7. IC 13-11-2-262.3 IS ADDED TO THE INDIANA
36 CODE AS A NEW SECTION TO READ AS FOLLOWS
37 [EFFECTIVE JULY 1, 2024]: Sec. 262.3. "Water supply reservoir",
38 for purposes of IC 13-18-28, has the meaning set forth in
39 IC 13-18-28-1.
40 SECTION 8. IC 13-18-28 IS ADDED TO THE INDIANA CODE
41 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2024]:
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1 Chapter 28. Discharge From Wastewater Treatment Plant Into
2 a Water Supply Reservoir
3 Sec. 1. As used in this chapter, "water supply reservoir" means
4 a body of water:
5 (1) that was formed by the construction of a dam; and
6 (2) from which water is drawn by a water treatment plant
7 that provides water utility service to the public.
8 Sec. 2. Effluent from a wastewater treatment plant shall not be
9 discharged into:
10 (1) a water supply reservoir;
11 (2) a stream that flows into a water supply reservoir; or
12 (3) a wetland associated with a stream that flows into a water
13 supply reservoir;
14 through a pipeline more than ten (10) miles in length.
15 SECTION 9. IC 14-25-7-12 IS AMENDED TO READ AS
16 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. The commission
17 may do the following:
18 (1) Collect, and disseminate, and make available to the Indiana
19 finance authority information relating to the water resource.
20 (2) Consult with and advise all users of the water resource as to
21 availability of the water resource and the most practical method
22 of water withdrawal, development, conservation, and use.
23 (3) Make the necessary investigations and inspections for proper
24 administration of this chapter.
25 (4) Enter at reasonable times with proper notice upon any
26 property other than a dwelling place for the purpose of inspecting
27 and investigating significant water withdrawal facilities or
28 enforcing this chapter.
29 (5) Establish, by rule, the criteria for the determination of
30 minimum stream flows and minimum ground water levels.
31 (6) When necessary for the proper administration and
32 enforcement of this chapter, require the metering or other
33 reasonable measurement of water withdrawals from significant
34 water withdrawal facilities and the reporting of the metering or
35 measurement to the commission.
36 (7) Cooperate with other state and local agencies, other states and
37 their state agencies, and agencies of the United States in water
38 resource development, conservation, and use.
39 (8) Accept and administer money from any source to aid in
40 carrying out this chapter.
41 (9) Exercise the additional authority necessary to carry out this
42 chapter.
2024 IN 271—LS 6793/DI 55 6
1 SECTION 10. IC 14-25-7-12.5, AS ADDED BY P.L.189-2015,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 12.5. (a) The department shall cooperate with the
4 United States Geological Survey to establish a program under which
5 volunteers may monitor the water resource and provide monitoring data
6 to the Indiana finance authority, the commission, the department,
7 and the United States Geological Survey. Data derived from the
8 voluntary monitoring conducted under the program may be:
9 (1) collected and disseminated by the commission under section
10 12(1) of this chapter; and
11 (2) used by the commission in conducting the continuing
12 assessment of the availability of the water resource under section
13 11(1) of this chapter.
14 (b) The department may cooperate with other local, state, and
15 federal governmental agencies in implementing this section.
16 (c) The commission, under IC 4-22-2 and section 10(a) of this
17 chapter, may adopt rules concerning the administration of this section.
18 Section 10(c) and 10(d) of this chapter does not apply to the adoption
19 of rules under this subsection.
20 SECTION 11. IC 14-25-7-18, AS AMENDED BY P.L.189-2018,
21 SECTION 137, IS AMENDED TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2024]: Sec. 18. (a) As used in this section,
23 "authority" refers to the Indiana finance authority established by
24 IC 5-1.2-3.
25 (b) As used in this section, "quality assurance review" means a
26 process of reviewing and verifying water resources data with the goal
27 of assuring the reliability of the data. The term includes the application
28 of certain objectives, principles, and policies already in use at the
29 Indiana geological and water survey in maintaining consistency in
30 water resources data and accountability to the scientific community and
31 general public.
32 (c) The authority shall perform a quality assurance review of the
33 water resources data compiled from the reports submitted by owners of
34 significant water withdrawal facilities under (1) section 15 of this
35 chapter. and
36 (2) IC 13-2-6.1-1 and IC 13-2-6.1-7 (before their repeal);
37 beginning with the reports submitted for the 1985 calendar year.
38 (d) The authority may enter into contracts with one (1) or more
39 professionals or state educational institutions under which the
40 professionals or state educational institutions will perform some or all
41 of the duties imposed on the authority by this section. The authority
42 may compensate the professionals or state educational institutions for
2024 IN 271—LS 6793/DI 55 7
1 work performed under this section with:
2 (1) money from the drinking water revolving loan fund
3 established by IC 5-1.2-10-3; or
4 (2) any other funds appropriated to the authority.
5 (e) In performing the quality assurance review required by this
6 section, the authority shall use the water resources data in a manner
7 that:
8 (1) protects the confidential information of owners of significant
9 water withdrawal facilities; and
10 (2) is consistent with IC 5-14-3-4.
11 (f) The authority shall present the results of the quality assurance
12 review performed under this section, as those results become available,
13 to the water rights and use section of the department's division of water.
14 The water rights and use section shall maintain the results in the data
15 base of data extracted from reports submitted by owners of significant
16 water withdrawal facilities under section 15 of this chapter (and
17 IC 13-2-6.1-1 and IC 13-2-6.1-7 before their repeal).
2024 IN 271—LS 6793/DI 55