*HB1615.1* January 27, 2025 HOUSE BILL No. 1615 _____ DIGEST OF HB 1615 (Updated January 23, 2025 10:15 am - DI 140) Citations Affected: IC 4-3; IC 5-28; IC 36-7; noncode. Synopsis: Military base development. Establishes the Indiana military base infrastructure grant program (program) for physical infrastructure projects located on current or proposed Indiana military bases. Provides that the: (1) Indiana defense task force, in consultation with the Indiana economic development corporation (corporation) shall develop policies and guidelines regarding the application process for the program; and (2) corporation shall administer the program. Provides that the budget committee must make a recommendation to the budget agency on whether to approve a proposed grant. Requires the budget agency to approve a proposed grant before the grant may be awarded. Establishes the Indiana military base infrastructure grant fund within the state treasury as a dedicated fund. Provides that if a Level 2 certified technology park (park): (1) has reached the limit of deposits for a Level 2 park; (2) maintains its certification; and (3) is located within a military base enhancement area; the park shall become a Level 3 park upon reaching its Level 2 deposit limit. Provides that a Level 3 park may receive an additional annual incremental income tax deposit of up to $500,000. Makes an appropriation. Effective: Upon passage; July 1, 2025. Lindauer, Judy, Heine, Manning January 21, 2025, read first time and referred to Committee on Veterans Affairs and Public Safety. January 27, 2025, reported — Do Pass. Referred to Committee on Ways and Means pursuant to Rule 126.3. HB 1615—LS 6748/DI 116 January 27, 2025 First Regular Session of the 124th General Assembly (2025) 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 2024 Regular Session of the General Assembly. HOUSE BILL No. 1615 A BILL FOR AN ACT to amend the Indiana Code concerning state offices and administration and to make an appropriation. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 4-3-21.5-11, AS ADDED BY P.L.228-2019, 2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 UPON PASSAGE]: Sec. 11. The task force shall do the following: 4 (1) Identify the public infrastructure and other community support 5 necessary: 6 (A) to improve mission efficiencies; and 7 (B) for the development and expansion; 8 of military bases in Indiana. 9 (2) Identify existing and potential impacts of encroachment on 10 military bases in Indiana. 11 (3) Identify potential state and local government actions that can: 12 (A) minimize the impacts of encroachment on; and 13 (B) enhance the long term potential of; 14 military bases in Indiana. 15 (4) Identify opportunities for collaboration among: 16 (A) the state, including the military department of the state; 17 (B) political subdivisions; HB 1615—LS 6748/DI 116 2 1 (C) military contractors; and 2 (D) academic institutions; 3 to maintain and expand the missions of Indiana's military bases. 4 (5) Study how governmental entities outside Indiana have 5 addressed issues regarding encroachment and partnership 6 formation described in this section. 7 (6) With respect to a multicounty federal military base under 8 IC 36-7-30.5: 9 (A) vote to require the establishment of the development 10 authority under IC 36-7-30.5, if necessary; and 11 (B) advise and submit recommendations to a development 12 authority board appointed under IC 36-7-30.5. 13 (7) Strengthen state support for military families and veterans in 14 the areas of education, health care, employment, and family 15 programs. The areas listed in this subdivision do not comprise an 16 exhaustive list of the areas for which the task force may 17 strengthen state support for military families and veterans. 18 (8) Develop, in consultation with the Indiana economic 19 development corporation, policies and guidelines for the 20 Indiana military base infrastructure grant program 21 established under IC 5-28-44. 22 SECTION 2. IC 5-28-44 IS ADDED TO THE INDIANA CODE AS 23 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON 24 PASSAGE]: 25 Chapter 44. Indiana Military Base Infrastructure Grant 26 Program 27 Sec. 1. As used in this chapter, "fund" refers to the Indiana 28 military base infrastructure grant fund established by section 7 of 29 this chapter. 30 Sec. 2. As used in this chapter, "military base" refers to the 31 following: 32 (1) Camp Atterbury. 33 (2) Fort Wayne International Airport. 34 (3) Lake Glendora Test Facility. 35 (4) Grissom Air Reserve Base. 36 (5) Hulman Field. 37 (6) Jefferson Proving Ground. 38 (7) Major General Emmett J. Bean Federal Center. 39 (8) Muscatatuck Urban Training Center. 40 (9) Naval Support Activity (NSA) Crane. 41 Sec. 3. (a) The Indiana military base infrastructure grant 42 program is established to provide military value for current or HB 1615—LS 6748/DI 116 3 1 proposed Indiana military bases consistent with criteria used in 2 accordance with the Defense Base Closure and Realignment Act of 3 1990 (Public Law 101-510), as amended, or subsequent related 4 federal legislation. 5 (b) Except as provided in section 6 of this chapter, the program 6 is administered by the corporation. 7 Sec. 4. (a) After June 30, 2025, the corporation shall accept 8 applications for grants under this chapter using criteria and 9 procedures developed under section 6 of this chapter and work 10 with the United States Department of Defense and military base 11 commanders to provide grants for carefully selected physical 12 infrastructure projects that improve or sustain the military value 13 for current or proposed military bases. 14 (b) Before the corporation submits a grant proposal to the 15 budget committee under section 5 of this chapter and subject to 10 16 U.S.C. 2601, the corporation shall negotiate the terms and 17 conditions of a grant made under this chapter with the United 18 States Department of Defense or the secretary of the particular 19 branch of the armed forces of the United States. The parties shall 20 agree that acceptance of the grant is contingent upon the terms and 21 conditions agreed upon by the parties. 22 (c) The physical infrastructure project for which a proposed 23 grant is to be provided must be: 24 (1) located on a military base; or 25 (2) used to provide: 26 (A) direct service to; or 27 (B) direct support for; 28 a military base, if located off the military base. 29 (d) The corporation may authorize a grant awarded under this 30 chapter to be used to match a federal grant for the physical 31 infrastructure project. 32 Sec. 5. (a) If the corporation desires to provide a grant for a 33 physical infrastructure project for a military base under this 34 chapter, the corporation shall submit a detailed description of the 35 physical infrastructure project and the proposed grant to be 36 provided for a particular military base to the budget committee for 37 review and recommendation to the budget agency. The budget 38 committee shall meet not later than sixty (60) days after receipt of 39 the proposal and shall make a recommendation on the proposal to 40 the budget agency. 41 (b) When considering a proposal by the corporation under this 42 section, the budget committee and the budget agency must make HB 1615—LS 6748/DI 116 4 1 the following findings before approving the proposal: 2 (1) The grant awarded under this chapter will improve or 3 sustain the military value of a current or proposed military 4 base. 5 (2) The assistance will benefit the people of Indiana by 6 protecting commerce or promoting economic development in 7 the vicinity of the military base. 8 (c) The corporation may not be allocated money from the fund 9 until a proposal is approved under this section. Upon approval of 10 the proposal by the budget agency, the corporation may provide a 11 grant for the military base physical infrastructure project. 12 Sec. 6. On or before July 1, 2025, the Indiana defense task force 13 established by IC 4-3-21.5-3, in consultation with the corporation, 14 shall adopt policies and guidelines governing application criteria 15 and procedures to be awarded assistance under this chapter. 16 Sec. 7. (a) The Indiana military base infrastructure grant fund 17 is established within the state treasury as a dedicated fund. Money 18 in the fund must be spent by the corporation exclusively to provide 19 grants under this chapter. 20 (b) The fund consists of: 21 (1) appropriations from the general assembly; and 22 (2) interest deposited into the fund under subsection (d). 23 (c) The corporation shall administer the fund. The following 24 may be paid from money in the fund: 25 (1) Grants for proposals approved by the budget agency 26 under section 5 of this chapter. 27 (2) Expenses of administering the fund. 28 (3) The corporation's administrative expenses incurred to 29 carry out the purposes of this chapter. 30 (d) The treasurer of state shall invest the money in the fund not 31 currently needed to meet the obligations of the fund in the same 32 manner as other public funds may be invested. Interest that 33 accrues from these investments shall be deposited in the fund. 34 (e) Money remaining in the fund at the end of a state fiscal year 35 does not revert to the state general fund. 36 Sec. 8. Beginning November 1, 2026, and each November 1 37 thereafter, the corporation shall submit an annual report to the 38 governor and, in an electronic format under IC 5-14-6, the 39 legislative council that summarizes grants awarded under this 40 chapter for the previous state fiscal year. 41 SECTION 3. IC 36-7-32-8.5, AS AMENDED BY P.L.154-2020, 42 SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE HB 1615—LS 6748/DI 116 5 1 JULY 1, 2025]: Sec. 8.5. As used in this chapter, "income tax 2 incremental amount" means the following: 3 (1) Except as provided in subdivision (2), the remainder of: 4 (A) the total amount of state adjusted gross income taxes and 5 local income taxes paid by employees employed in the 6 territory comprising the certified technology park with respect 7 to wages and salary earned for work in the territory comprising 8 the certified technology park for a particular state fiscal year; 9 minus 10 (B) the sum of the: 11 (i) income tax base period amount as defined in section 8 of 12 this chapter; and 13 (ii) tax credits awarded by the Indiana economic 14 development corporation under IC 6-3.1-13 to businesses 15 operating in a certified technology park as the result of 16 wages earned for work in the certified technology park for 17 the state fiscal year; 18 as determined by the department of state revenue. 19 (2) In the case of a certified technology park for which the amount 20 limit under section 22(c), or 22(d), or 22(e) of this chapter has 21 been exceeded, the remainder of: 22 (A) the total amount of state adjusted gross income taxes and 23 local income taxes paid by employees employed in the 24 territory comprising the certified technology park with respect 25 to wages and salary earned for work in the territory comprising 26 the certified technology park for a particular state fiscal year; 27 minus 28 (B) the sum of the: 29 (i) income tax base period amount as defined in section 8 of 30 this chapter; and 31 (ii) tax credits awarded by the Indiana economic 32 development corporation under IC 6-3.1-13 to businesses 33 operating in a certified technology park as the result of 34 wages earned for work in the certified technology park for 35 the state fiscal year; 36 as determined by the department of state revenue. 37 SECTION 4. IC 36-7-32-22, AS AMENDED BY P.L.236-2023, 38 SECTION 188, IS AMENDED TO READ AS FOLLOWS 39 [EFFECTIVE JULY 1, 2025]: Sec. 22. (a) The treasurer of state shall 40 establish an incremental tax financing fund for each certified 41 technology park designated under this chapter. The fund shall be 42 administered by the treasurer of state. Money in the fund does not HB 1615—LS 6748/DI 116 6 1 revert to the state general fund at the end of a state fiscal year. 2 (b) Subject to subsection (c), the following amounts shall be 3 deposited during each state fiscal year in the incremental tax financing 4 fund established for a certified technology park under subsection (a): 5 (1) The aggregate amount of state gross retail and use taxes that 6 are remitted under IC 6-2.5 by businesses operating in the 7 certified technology park, until the amount of state gross retail 8 and use taxes deposited equals the gross retail incremental 9 amount for the certified technology park. 10 (2) Except as provided in subdivision (3), the aggregate amount 11 of the following taxes paid by employees employed in the 12 certified technology park with respect to wages earned for work 13 in the certified technology park, until the amount deposited equals 14 the income tax incremental amount as defined in section 8.5(1) of 15 this chapter: 16 (A) The adjusted gross income tax. 17 (B) The local income tax (IC 6-3.6). 18 (3) In the case of a certified technology park to which subsection 19 (e) applies, the amount determined under subsection (e), if any. 20 (c) Except as provided in subsections (d), and (e), and (f), not more 21 than a total of five million dollars ($5,000,000) may be deposited in a 22 particular incremental tax financing fund for a certified technology 23 park over the life of the certified technology park. 24 (d) Except as provided in subsection (e), subsections (e) and (f), in 25 the case of a certified technology park that is operating under a written 26 agreement entered into by two (2) or more redevelopment 27 commissions, and subject to section 26(b)(4) of this chapter: 28 (1) not more than a total of five million dollars ($5,000,000) may 29 be deposited over the life of the certified technology park in the 30 incremental tax financing fund of each redevelopment 31 commission participating in the operation of the certified 32 technology park; and 33 (2) the total amount that may be deposited in all incremental tax 34 financing funds, over the life of the certified technology park, in 35 aggregate, may not exceed the result of: 36 (A) five million dollars ($5,000,000); multiplied by 37 (B) the number of redevelopment commissions that have 38 entered into a written agreement for the operation of the 39 certified technology park. 40 (e) If a certified technology park has reached the limit on deposits 41 under subsection (c) or (d) and maintains its certification under section 42 11(c) of this chapter, the certified technology park shall become a HB 1615—LS 6748/DI 116 7 1 Level 2 certified technology park and an additional annual deposit 2 amount shall be deposited in the incremental tax financing fund for the 3 certified technology park equal to the following: 4 (1) For a certified technology park to which subsection (c) 5 applies, the lesser of: 6 (A) the income tax incremental amount as defined in section 7 8.5(2) of this chapter; or 8 (B) two hundred fifty thousand dollars ($250,000). 9 (2) For a certified technology park to which subsection (d) 10 applies, the lesser of: 11 (A) the aggregate income tax incremental amounts as defined 12 in section 8.5(2) of this chapter attributable to each 13 redevelopment commission that has entered into a written 14 agreement for the operation of the certified technology park; 15 or 16 (B) two hundred fifty thousand dollars ($250,000) multiplied 17 by the number of redevelopment commissions that have 18 entered into a written agreement for the operation of the 19 certified technology park. 20 (3) The following apply to deposits under this subsection: 21 (A) If a certified technology park reached its limit on deposits 22 based on a state fiscal year ending before July 1, 2020, the 23 certified technology park shall receive deposits based on the 24 income tax incremental amount as defined in section 8.5(2) of 25 this chapter for each state fiscal year ending after June 30, 26 2019. 27 (B) If a certified technology park reached its limit on deposits 28 based on a state fiscal year ending after June 30, 2020, the 29 certified technology park shall receive deposits based on the 30 income tax incremental amount as defined in section 8.5(2) of 31 this chapter for the state fiscal year in which it reached its limit 32 on deposits under subsection (c) or (d) and each state fiscal 33 year thereafter. 34 (C) If a certified technology park is permitted to receive 35 deposits under this subsection during the state fiscal year in 36 which it reached its limit on deposits under subsection (c) or 37 (d), the income tax incremental amount for purposes of 38 subdivision (1)(A) or (1)(B) for that state fiscal year shall be 39 reduced by an amount equal to: 40 (i) the deposit amount for the state fiscal year under 41 subsection (b) required to reach the limit on deposits under 42 subsection (c) or (d); minus HB 1615—LS 6748/DI 116 8 1 (ii) the gross retail incremental amount determined under 2 section 6.5 of this chapter; 3 but not less than zero (0). 4 (f) This subsection applies to a certified technology park that is 5 located within a qualified military base enhancement area under 6 IC 36-7-34. If a certified technology park has reached the limit on 7 deposits under subsection (e) and maintains its certification under 8 section 11(c) of this chapter, the certified technology park shall 9 become a Level 3 certified technology park and an additional 10 annual deposit amount shall be deposited in the incremental tax 11 financing fund for the certified technology park equal to the lesser 12 of: 13 (1) the aggregate income tax incremental amounts as defined 14 in section 8.5(2) of this chapter attributable to each 15 redevelopment commission that has entered into a written 16 agreement for the operation of the certified technology park; 17 or 18 (2) five hundred thousand dollars ($500,000) multiplied by the 19 number of redevelopment commissions that have entered into 20 a written agreement for the operation of the certified 21 technology park. 22 (f) (g) This subsection applies to a Level 2 or Level 3 certified 23 technology park designated in subsection (e) or (f). When the Indiana 24 economic development corporation recertifies a certified technology 25 park as required under section 11 of this chapter, the corporation shall 26 make a determination of whether the certified technology park shall 27 continue to be designated as a Level 2 or Level 3 certified technology 28 park. 29 (g) (h) On or before the twentieth day of each month, all amounts 30 held in the incremental tax financing fund established for a certified 31 technology park shall be distributed to the redevelopment commission 32 for deposit in the certified technology park fund established under 33 section 23 of this chapter. 34 SECTION 5. [EFFECTIVE JULY 1, 2025] (a) There is 35 appropriated to the Indiana military base infrastructure grant 36 fund established by IC 5-28-44-7, as added by this act: 37 (1) for the state fiscal year beginning July 1, 2025, and ending 38 June 30, 2026, twenty-five million dollars ($25,000,000); and 39 (2) for the state fiscal year beginning July 1, 2026, and ending 40 June 30, 2027, twenty-five million dollars ($25,000,000); 41 from the state general fund for use by the Indiana economic 42 development corporation in carrying out the purpose of the HB 1615—LS 6748/DI 116 9 1 Indiana military base infrastructure grant fund established by 2 IC 5-28-44-7, as added by this act. 3 (b) This SECTION expires July 1, 2027. 4 SECTION 6. An emergency is declared for this act. HB 1615—LS 6748/DI 116 10 COMMITTEE REPORT Mr. Speaker: Your Committee on Veterans Affairs and Public Safety, to which was referred House Bill 1615, has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill do pass. (Reference is to HB 1615 as introduced.) BARTELS Committee Vote: Yeas 11, Nays 0 HB 1615—LS 6748/DI 116