Indiana 2025 Regular Session

Indiana House Bill HB1190 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1190
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 14-8-2; IC 14-25-17.
7	7	Synopsis: Water quality. Establishes the water protection and
8	8	restoration trust fund (fund). Provides that the state comptroller shall
9	9	transfer each year to the fund from the money appropriated to certain
10	10	state agencies an amount equal to $1,660,000. Establishes the water
11	11	quality board (board) to manage and develop the fund. Sets out the
12	12	membership, terms, and compensation of the board. Provides that the
13	13	board shall establish a surface water quality financial assistance
14	14	program for the purpose of assessing and reducing nutrients that are
15	15	negatively affecting surface waters within the state. Makes conforming
16	16	changes.
17	17	Effective: July 1, 2025.
18	18	Abbott
19	19	January 8, 2025, read first time and referred to Committee on Natural Resources.
20	20	2025 IN 1190—LS 7270/DI 153 Introduced
21	21	First Regular Session of the 124th General Assembly (2025)
22	22	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
23	23	Constitution) is being amended, the text of the existing provision will appear in this style type,
24	24	additions will appear in this style type, and deletions will appear in this style type.
25	25	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
26	26	provision adopted), the text of the new provision will appear in this style type. Also, the
27	27	word NEW will appear in that style type in the introductory clause of each SECTION that adds
28	28	a new provision to the Indiana Code or the Indiana Constitution.
29	29	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
30	30	between statutes enacted by the 2024 Regular Session of the General Assembly.
31	31	HOUSE BILL No. 1190
32	32	A BILL FOR AN ACT to amend the Indiana Code concerning
33	33	natural and cultural resources and to make an appropriation.
34	34	Be it enacted by the General Assembly of the State of Indiana:
35	35	1 SECTION 1. IC 14-8-2-24 IS AMENDED TO READ AS
36	36	2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 24. "Board" has the
37	37	3 following meaning:
38	38	4 (1) For purposes of IC 14-25-17, the meaning set forth in
39	39	5 IC 14-25-17-1.
40	40	6 (1) (2) For purposes of IC 14-27-6, the meaning set forth in
41	41	7 IC 14-27-6-2.
42	42	8 (2) (3) For purposes of IC 14-32, the soil conservation board
43	43	9 established by IC 14-32-2-1.
44	44	10 (3) (4) For purposes of IC 14-33, the board of directors of a
45	45	11 conservancy district.
46	46	12 SECTION 2. IC 14-8-2-107, AS AMENDED BY P.L.127-2022,
47	47	13 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
48	48	14 JULY 1, 2025]: Sec. 107. "Fund" has the following meaning:
49	49	15 (1) For purposes of IC 14-9-5, the meaning set forth in
50	50	16 IC 14-9-5-1.
51	51	17 (2) For purposes of IC 14-9-8-21, the meaning set forth in
52	52	2025 IN 1190—LS 7270/DI 153 2
53	53	1 IC 14-9-8-21.
54	54	2 (3) For purposes of IC 14-9-8-21.5, the meaning set forth in
55	55	3 IC 14-9-8-21.5.
56	56	4 (4) For purposes of IC 14-9-9, the meaning set forth in
57	57	5 IC 14-9-9-3.
58	58	6 (5) For purposes of IC 14-12-1, the meaning set forth in
59	59	7 IC 14-12-1-1.
60	60	8 (6) For purposes of IC 14-12-2, the meaning set forth in
61	61	9 IC 14-12-2-2.
62	62	10 (7) For purposes of IC 14-12-3, the meaning set forth in
63	63	11 IC 14-12-3-2.
64	64	12 (8) For purposes of IC 14-13-1, the meaning set forth in
65	65	13 IC 14-13-1-2.
66	66	14 (9) For purposes of IC 14-13-2, the meaning set forth in
67	67	15 IC 14-13-2-3.
68	68	16 (10) For purposes of IC 14-16-1, the meaning set forth in
69	69	17 IC 14-16-1-30.
70	70	18 (11) For purposes of IC 14-19-8, the meaning set forth in
71	71	19 IC 14-19-8-1.
72	72	20 (12) For purposes of IC 14-19-11, the meaning set forth in
73	73	21 IC 14-19-11-3.1.
74	74	22 (13) For purposes of IC 14-20-11, the meaning set forth in
75	75	23 IC 14-20-11-2.
76	76	24 (14) For purposes of IC 14-22-3, the meaning set forth in
77	77	25 IC 14-22-3-1.
78	78	26 (15) For purposes of IC 14-22-4, the meaning set forth in
79	79	27 IC 14-22-4-1.
80	80	28 (16) For purposes of IC 14-22-5, the meaning set forth in
81	81	29 IC 14-22-5-1.
82	82	30 (17) For purposes of IC 14-22-8, the meaning set forth in
83	83	31 IC 14-22-8-1.
84	84	32 (18) For purposes of IC 14-22-34, the meaning set forth in
85	85	33 IC 14-22-34-2.
86	86	34 (19) For purposes of IC 14-23-3, the meaning set forth in
87	87	35 IC 14-23-3-1.
88	88	36 (20) For purposes of IC 14-25-2-4, the meaning set forth in
89	89	37 IC 14-25-2-4.
90	90	38 (21) For purposes of IC 14-25-10, the meaning set forth in
91	91	39 IC 14-25-10-1.
92	92	40 (22) For purposes of IC 14-25-17, the meaning set forth in
93	93	41 IC 14-25-17-2.
94	94	42 (22) (23) For purposes of IC 14-25.5, the meaning set forth in
95	95	2025 IN 1190—LS 7270/DI 153 3
96	96	1 IC 14-25.5-1-3.
97	97	2 (23) (24) For purposes of IC 14-31-2, the meaning set forth in
98	98	3 IC 14-31-2-5.
99	99	4 (24) (25) For purposes of IC 14-25-12, the meaning set forth in
100	100	5 IC 14-25-12-1.
101	101	6 (25) (26) For purposes of IC 14-32-8, the meaning set forth in
102	102	7 IC 14-32-8-1.
103	103	8 (26) (27) For purposes of IC 14-33-14, the meaning set forth in
104	104	9 IC 14-33-14-3.
105	105	10 (27) (28) For purposes of IC 14-33-21, the meaning set forth in
106	106	11 IC 14-33-21-1.
107	107	12 (28) (29) For purposes of IC 14-34-6-15, the meaning set forth in
108	108	13 IC 14-34-6-15.
109	109	14 (29) (30) For purposes of IC 14-34-14, the meaning set forth in
110	110	15 IC 14-34-14-1.
111	111	16 (30) (31) For purposes of IC 14-34-19-1.3, the meaning set forth
112	112	17 in IC 14-34-19-1.3(a).
113	113	18 (31) (32) For purposes of IC 14-34-19-1.5, the meaning set forth
114	114	19 in IC 14-34-19-1.5(a).
115	115	20 (32) (33) For purposes of IC 14-37-10, the meaning set forth in
116	116	21 IC 14-37-10-1.
117	117	22 SECTION 3. IC 14-25-17 IS ADDED TO THE INDIANA CODE
118	118	23 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
119	119	24 JULY 1, 2025]:
120	120	25 Chapter 17. Surface Water Protection and Restoration Trust
121	121	26 Fund
122	122	27 Sec. 1. As used in this chapter, "board" refers to the water
123	123	28 quality board established by section 6 of this chapter.
124	124	29 Sec. 2. As used in this chapter, "fund" refers to the water
125	125	30 protection and restoration trust fund established by section 3 of
126	126	31 this chapter.
127	127	32 Sec. 3. (a) The water protection and restoration trust fund is
128	128	33 established.
129	129	34 (b) The fund consists of the following:
130	130	35 (1) Appropriations by the general assembly.
131	131	36 (2) Donations, gifts, grants, and bequests to the fund.
132	132	37 (3) Interest and dividends on assets of the fund.
133	133	38 (4) Money transferred to the fund from other funds.
134	134	39 (5) Money from any other source deposited in the fund.
135	135	40 (c) Notwithstanding any other law, not later than June 30 of
136	136	41 each state fiscal year, the state comptroller shall transfer to the
137	137	42 fund from the money appropriated to each of the following for the
138	138	2025 IN 1190—LS 7270/DI 153 4
139	139	1 state fiscal year and that is not otherwise encumbered an amount
140	140	2 equal to one million six hundred sixty thousand dollars
141	141	3 ($1,660,000) per agency:
142	142	4 (1) The department.
143	143	5 (2) The department of environmental management.
144	144	6 (3) The Indiana state department of agriculture.
145	145	7 (4) The office of community and rural affairs.
146	146	8 (5) The Indiana destination development corporation.
147	147	9 (6) The Indiana economic development corporation.
148	148	10 (d) The money in the fund:
149	149	11 (1) is continuously appropriated for the purposes of the fund;
150	150	12 and
151	151	13 (2) shall be used for the protection and restoration of lake and
152	152	14 stream water quality.
153	153	15 Sec. 4. (a) Subject to the investment policy established under
154	154	16 section 12 of this chapter, the treasurer of state shall administer the
155	155	17 fund and invest the money in the fund.
156	156	18 (b) The expenses of administering the fund and this chapter
157	157	19 shall be paid from the fund.
158	158	20 (c) The treasurer of state shall invest the money in the fund not
159	159	21 currently needed to meet the obligations of the fund in the same
160	160	22 manner as other public trust funds are invested. Interest that
161	161	23 accrues from these investments shall be deposited in the fund.
162	162	24 Sec. 5. Money in the fund at the end of a state fiscal year does
163	163	25 not revert to the state general fund or any other fund.
164	164	26 Sec. 6. The water quality board is established under the
165	165	27 executive branch of state government as a continuing board.
166	166	28 Sec. 7. The board consists of the following twelve (12) members:
167	167	29 (1) The commissioner of the department of environmental
168	168	30 management or the commissioner's designee, who shall serve
169	169	31 as the chair.
170	170	32 (2) The director or the director's designee.
171	171	33 (3) The director of the Indiana state department of
172	172	34 agriculture or the director's designee.
173	173	35 (4) The director of the office of community and rural affairs
174	174	36 or the director's designee.
175	175	37 (5) The director of the Indiana destination development
176	176	38 corporation or the director's designee.
177	177	39 (6) The secretary of commerce or the secretary's designee.
178	178	40 (7) Two (2) members appointed by the governor.
179	179	41 (8) One (1) member appointed by the president pro tempore
180	180	42 of the senate.
181	181	2025 IN 1190—LS 7270/DI 153 5
182	182	1 (9) One (1) member appointed by the minority leader of the
183	183	2 senate.
184	184	3 (10) One (1) member appointed by the speaker of the house of
185	185	4 representatives.
186	186	5 (11) One (1) member appointed by the minority leader of the
187	187	6 house of representatives.
188	188	7 Members appointed under subdivisions (8) through (11) are
189	189	8 nonvoting, advisory members.
190	190	9 Sec. 8. The board shall meet at least quarterly at the call of the
191	191	10 chair.
192	192	11 Sec. 9. Five (5) voting members of the board constitute a
193	193	12 quorum. The affirmative vote of five (5) members of the board is
194	194	13 necessary for the board to take action.
195	195	14 Sec. 10. (a) The term of a board member begins on the later of
196	196	15 the following:
197	197	16 (1) The day the term of the member whom the individual is
198	198	17 appointed to succeed expires.
199	199	18 (2) The day the member is appointed.
200	200	19 (b) The term of a board member is two (2) years and expires on
201	201	20 the later of the following:
202	202	21 (1) The day a successor is appointed.
203	203	22 (2) June 30 of an odd-numbered year.
204	204	23 However, a member serves at the pleasure of the appointing
205	205	24 authority.
206	206	25 (c) An appointing authority may reappoint a member for a new
207	207	26 term.
208	208	27 (d) An appointing authority shall appoint an individual to fill a
209	209	28 vacancy on the board.
210	210	29 Sec. 11. (a) Each member of the board who is not a state
211	211	30 employee is entitled to the minimum salary per diem provided by
212	212	31 IC 4-10-11-2.1(b). The member is also entitled to reimbursement
213	213	32 for traveling expenses as provided under IC 4-13-1-4 and other
214	214	33 expenses actually incurred in connection with the member's duties
215	215	34 as provided in the state policies and procedures established by the
216	216	35 Indiana department of administration and approved by the budget
217	217	36 agency.
218	218	37 (b) Each member of the board who is a state employee but who
219	219	38 is not a member of the general assembly is entitled to
220	220	39 reimbursement for traveling expenses as provided under
221	221	40 IC 4-13-1-4 and other expenses actually incurred in connection
222	222	41 with the member's duties as provided in the state policies and
223	223	42 procedures established by the Indiana department of
224	224	2025 IN 1190—LS 7270/DI 153 6
225	225	1 administration and approved by the budget agency.
226	226	2 (c) Each member of the board who is a member of the general
227	227	3 assembly is entitled to receive the same per diem, mileage, and
228	228	4 travel allowances paid to legislative members of interim study
229	229	5 committees established by the legislative council. Per diem,
230	230	6 mileage, and travel allowances paid under this subsection shall be
231	231	7 paid from appropriations made to the legislative council or the
232	232	8 legislative services agency.
233	233	9 (d) Per diem and reimbursement expenses under sections (a)
234	234	10 and (b) shall be paid from appropriations to the department.
235	235	11 Sec. 12. (a) The board shall do the following:
236	236	12 (1) Manage and develop the fund and the assets of the fund.
237	237	13 (2) Establish a surface water quality financial assistance
238	238	14 program for the purpose of assessing and reducing nutrients
239	239	15 that are negatively affecting surface waters within the state.
240	240	16 (3) Establish a policy to determine annually the maximum
241	241	17 total dollar amount that may be expended for each state fiscal
242	242	18 year from the fund.
243	243	19 (4) Establish a policy for the investment of the assets of the
244	244	20 fund. In establishing a policy under this subdivision, the board
245	245	21 shall establish adequate long term financial goals for the fund.
246	246	22 (5) Acquire money for the fund through the solicitation of
247	247	23 private or public donations and other revenue producing
248	248	24 activities.
249	249	25 (6) Perform other tasks consistent with prudent management
250	250	26 and development of the fund.
251	251	27 (b) The department shall provide staff support to the board.
252	252	28 Sec. 13. (a) The following apply to the surface water quality
253	253	29 financial assistance program established under section 12 of this
254	254	30 chapter:
255	255	31 (1) The program must use an application process to award
256	256	32 financial assistance.
257	257	33 (2) An application must include the following:
258	258	34 (A) An application fee determined by the board.
259	259	35 (B) A diagnostic study that will quantify nutrient and
260	260	36 sediment loadings of the contaminated surface waters of
261	261	37 the waterbody.
262	262	38 (C) A comprehensive remediation plan.
263	263	39 (D) Any other information required by the board.
264	264	40 (3) The board may only award financial assistance if an
265	265	41 application displays a substantial likelihood of materially
266	266	42 reducing nutrients and sediment that are negatively affecting
267	267	2025 IN 1190—LS 7270/DI 153 7
268	268	1 the contaminated surface waters of the waterbody.
269	269	2 (4) An award of financial assistance is conditioned upon:
270	270	3 (A) completion of the surface water restoration project;
271	271	4 and
272	272	5 (B) periodic progress updates and technical reports to the
273	273	6 board.
274	274	7 (b) The board shall establish standards for diagnostic studies
275	275	8 and comprehensive remediation plans under subsection (a).
276	276	9 (c) The board may consult with the department, the department
277	277	10 of environmental management, or any other person or entity in
278	278	11 establishing and managing the surface water quality financial
279	279	12 assistance program.
280	280	13 Sec. 14. The board may adopt rules under IC 4-22-2 necessary
281	281	14 to carry out the purposes of this chapter.
282	282	2025 IN 1190—LS 7270/DI 153