Indiana 2025 Regular Session

Indiana Senate Bill SB0093 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 93
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 4-13.5-1.5-13; IC 4-13.6; IC 5-1-17-18;
7	7	IC 5-16; IC 5-23; IC 5-30; IC 8-1.5-2-27; IC 8-15.5-6-2; IC 8-15.7-6-2;
8	8	IC 16-22; IC 22-1-1-16; IC 22-2-2-10.5; IC 35-44.2-3; IC 35-52-5-8.1;
9	9	IC 36-1; IC 36-7; IC 36-7.5; IC 36-7.6; IC 36-9-23-2.
10	10	Synopsis: Common construction wage. Requires any firm, individual,
11	11	partnership, limited liability company, or corporation that is awarded
12	12	a contract, after June 30, 2025, by the state, a political subdivision, or
13	13	a municipal corporation for the construction of a public work, and any
14	14	subcontractor of the construction, to pay a scale of wages that is not
15	15	less than the common construction wage. Establishes a process for
16	16	determining the common construction wage. Provides that a contractor
17	17	or subcontractor who knowingly fails to pay the common construction
18	18	wage commits a Class B misdemeanor. Provides that a public work
19	19	project may not be artificially divided into two or more projects to
20	20	avoid the application of the common construction wage requirements.
21	21	Provides that a person who unlawfully divides a public work project
22	22	commits a Class A infraction. Repeals a chapter regarding the effect of
23	23	the repeal of the common construction wage statute by legislation
24	24	enacted in 2015 and a chapter regarding wage scales for public works
25	25	projects. Makes corresponding changes.
26	26	Effective: July 1, 2025.
27	27	Dernulc, Niemeyer
28	28	January 8, 2025, read first time and referred to Committee on Pensions and Labor.
29	29	2025 IN 93—LS 6394/DI 141 Introduced
30	30	First Regular Session of the 124th General Assembly (2025)
31	31	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
32	32	Constitution) is being amended, the text of the existing provision will appear in this style type,
33	33	additions will appear in this style type, and deletions will appear in this style type.
34	34	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
35	35	provision adopted), the text of the new provision will appear in this style type. Also, the
36	36	word NEW will appear in that style type in the introductory clause of each SECTION that adds
37	37	a new provision to the Indiana Code or the Indiana Constitution.
38	38	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
39	39	between statutes enacted by the 2024 Regular Session of the General Assembly.
40	40	SENATE BILL No. 93
41	41	A BILL FOR AN ACT to amend the Indiana Code concerning state
42	42	and local administration.
43	43	Be it enacted by the General Assembly of the State of Indiana:
44	44	1 SECTION 1. IC 4-13.5-1.5-13, AS AMENDED BY P.L.252-2015,
45	45	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
46	46	3 JULY 1, 2025]: Sec. 13. (a) An agreement or a contract under this
47	47	4 chapter is subject to IC 5-16-7.3.
48	48	5 (a) (b) The contractor and each subcontractor engaged in installing
49	49	6 energy conservation measures under a guaranteed energy cost savings
50	50	7 contract shall keep full and accurate records indicating the names,
51	51	8 classifications, and work performed by each worker employed by the
52	52	9 respective contractor and subcontractor in connection with the work
53	53	10 together with an accurate record of the number of hours worked by
54	54	11 each worker and the actual wages paid.
55	55	12 (b) (c) The payroll records required to be kept under this section
56	56	13 must be open to inspection by an authorized representative of the
57	57	14 commission and the department of labor.
58	58	15 SECTION 2. IC 4-13.6-2-4, AS AMENDED BY P.L.252-2015,
59	59	16 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
60	60	17 JULY 1, 2025]: Sec. 4. The division shall comply with this article and
61	61	2025 IN 93—LS 6394/DI 141 2
62	62	1 the following statutes in the administration of public works contracts:
63	63	2 (1) IC 5-16-3.
64	64	3 (2) IC 5-16-6.
65	65	4 (3) IC 5-16-7.3.
66	66	5 (3) (4) IC 5-16-8.
67	67	6 (4) (5) IC 5-16-9.
68	68	7 (5) (6) IC 5-16-13.
69	69	8 (6) (7) IC 5-16-14.
70	70	9 SECTION 3. IC 4-13.6-8-8, AS AMENDED BY P.L.252-2015,
71	71	10 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
72	72	11 JULY 1, 2025]: Sec. 8. (a) An agreement or a contract under this
73	73	12 chapter is subject to IC 5-16-7.3.
74	74	13 (a) (b) The contractor and each subcontractor engaged in installing
75	75	14 energy conservation measures under a guaranteed energy savings
76	76	15 contract shall keep full and accurate records indicating the names,
77	77	16 classifications, and work performed by each worker employed by the
78	78	17 respective contractor and subcontractor in connection with the work
79	79	18 and an accurate record of the number of hours worked by each worker
80	80	19 and the actual wages paid.
81	81	20 (b) (c) The payroll records required to be kept under this section
82	82	21 must be open to inspection by an authorized representative of the
83	83	22 department and the department of labor.
84	84	23 SECTION 4. IC 5-1-17-18, AS AMENDED BY P.L.157-2024,
85	85	24 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
86	86	25 JULY 1, 2025]: Sec. 18. (a) Subject to subsection (h), the authority
87	87	26 may issue bonds for the purpose of obtaining money to pay the cost of:
88	88	27 (1) acquiring real or personal property, including existing capital
89	89	28 improvements;
90	90	29 (2) constructing, improving, reconstructing, or renovating one (1)
91	91	30 or more capital improvements; or
92	92	31 (3) funding or refunding bonds issued under IC 36-10-8 or
93	93	32 IC 36-10-9 or prior law.
94	94	33 (b) The bonds are payable from the lease rentals from the lease of
95	95	34 the capital improvements for which the bonds were issued, insurance
96	96	35 proceeds, and any other funds pledged or available.
97	97	36 (c) The bonds shall be authorized by a resolution of the board.
98	98	37 (d) The terms and form of the bonds shall either be set out in the
99	99	38 resolution or in a form of trust indenture approved by the resolution.
100	100	39 (e) The bonds shall mature within forty (40) years.
101	101	40 (f) The board shall sell the bonds at public or private sale upon the
102	102	41 terms determined by the board.
103	103	42 (g) All money received from any bonds issued under this chapter
104	104	2025 IN 93—LS 6394/DI 141 3
105	105	1 shall be applied to the payment of the cost of the acquisition or
106	106	2 construction, or both, of capital improvements, or the cost of refunding
107	107	3 or refinancing outstanding bonds, for which the bonds are issued. The
108	108	4 cost may include:
109	109	5 (1) planning and development of the facility and all buildings,
110	110	6 facilities, structures, and improvements related to it;
111	111	7 (2) acquisition of a site and clearing and preparing the site for
112	112	8 construction;
113	113	9 (3) equipment, facilities, structures, and improvements that are
114	114	10 necessary or desirable to make the capital improvement suitable
115	115	11 for use and operations;
116	116	12 (4) architectural, engineering, consultant, and attorney's fees;
117	117	13 (5) incidental expenses in connection with the issuance and sale
118	118	14 of bonds;
119	119	15 (6) reserves for principal and interest;
120	120	16 (7) interest during construction;
121	121	17 (8) financial advisory fees;
122	122	18 (9) insurance during construction;
123	123	19 (10) municipal bond insurance, debt service reserve insurance,
124	124	20 letters of credit, or other credit enhancement; and
125	125	21 (11) in the case of refunding or refinancing, payment of the
126	126	22 principal of, redemption premiums (if any) for, and interest on,
127	127	23 the bonds being refunded or refinanced.
128	128	24 (h) The authority may not issue bonds under this chapter unless the
129	129	25 authority first finds that the following conditions are met:
130	130	26 (1) The capital improvement board and the authority have entered
131	131	27 into a written agreement concerning the terms of the financing of
132	132	28 the facility. This agreement must include the following
133	133	29 provisions:
134	134	30 (A) Notwithstanding any other law, if the capital improvement
135	135	31 board selected a construction manager and an architect for a
136	136	32 facility before May 15, 2005, the authority will contract with
137	137	33 that construction manager and architect and use plans as
138	138	34 developed by that construction manager and architect. In
139	139	35 addition, any other agreements entered into by the capital
140	140	36 improvement board or a political subdivision served by the
141	141	37 capital improvement board with respect to the design and
142	142	38 construction of the facility will be reviewed by a selection
143	143	39 committee formed under this section (as in effect on May 15,
144	144	40 2005). The selection committee is not bound by any prior
145	145	41 commitments of the capital improvement board or the political
146	146	42 subdivision, other than the general project design, and will
147	147	2025 IN 93—LS 6394/DI 141 4
148	148	1 approve all contracts necessary for the design and construction
149	149	2 of the facility.
150	150	3 (B) If before May 15, 2005, the capital improvement board
151	151	4 acquired any land, plans, or other information necessary for
152	152	5 the facility and the board had budgeted for these items, the
153	153	6 capital improvement board will transfer the land, plans, or
154	154	7 other information useful to the authority for a price not to
155	155	8 exceed the lesser of:
156	156	9 (i) the actual cost to the capital improvement board; or
157	157	10 (ii) three million five hundred thousand dollars
158	158	11 ($3,500,000).
159	159	12 (C) The capital improvement board agrees to take any legal
160	160	13 action that the authority considers necessary to facilitate the
161	161	14 financing of the facility, including entering into agreements
162	162	15 during the design and construction of the facility or a sublease
163	163	16 of a capital improvement to any state agency that is then leased
164	164	17 by the authority to any state agency under section 26 of this
165	165	18 chapter.
166	166	19 (D) The capital improvement board is prohibited from taking
167	167	20 any other action with respect to the financing of the facility
168	168	21 without the prior approval of the authority. The authority is not
169	169	22 bound by the terms of any agreement entered into by the
170	170	23 capital improvement board with respect to the financing of the
171	171	24 facility without the prior approval of the authority.
172	172	25 (E) As the project financier, the Indiana finance authority (or
173	173	26 its successor agency) and the public finance director will be
174	174	27 responsible for selecting all investment bankers, bond counsel,
175	175	28 trustees, and financial advisors.
176	176	29 (F) The capital improvement board agrees to deliver to the
177	177	30 authority the one hundred million dollars ($100,000,000) that
178	178	31 is owed to the capital improvement board, the consolidated
179	179	32 city, or Marion County, pursuant to an agreement between the
180	180	33 National Football League franchised professional football
181	181	34 team and the capital improvement board, the consolidated city,
182	182	35 or Marion County. This amount shall be applied to the cost of
183	183	36 construction for the stadium part of the facility. This amount
184	184	37 does not have to be delivered until a lease is entered into for
185	185	38 the stadium between the authority and the capital improvement
186	186	39 board.
187	187	40 (G) The authority agrees to consult with the staff of the capital
188	188	41 improvement board on an as needed basis during the design
189	189	42 and construction of the facility, and the capital improvement
190	190	2025 IN 93—LS 6394/DI 141 5
191	191	1 board agrees to make its staff available for this purpose.
192	192	2 (H) The authority, Marion County, the consolidated city, the
193	193	3 capital improvement board and the National Football League
194	194	4 franchised professional football team must commit to using
195	195	5 their best efforts to assist and cooperate with one another to
196	196	6 design and construct the facility on time and on budget.
197	197	7 (2) The capital improvement board and the National Football
198	198	8 League franchised professional football team have entered into a
199	199	9 lease for the stadium part of the facility that has been approved by
200	200	10 the authority and has a term of at least thirty (30) years.
201	201	11 (3) After June 30, 2025, each contract or subcontract for the
202	202	12 construction of a facility and all buildings, facilities,
203	203	13 structures, and improvements related to that facility to be
204	204	14 financed in whole or in part through the issuance of the bonds
205	205	15 requires payment of the common construction wage required
206	206	16 by IC 5-16-7.3.
207	207	17 SECTION 5. IC 5-16-7.1 IS REPEALED [EFFECTIVE JULY 1,
208	208	18 2025]. (Effect of Repeal of Common Construction Wage Statute (IC
209	209	19 5-16-7)).
210	210	20 SECTION 6. IC 5-16-7.2 IS REPEALED [EFFECTIVE JULY 1,
211	211	21 2025]. (Wage Scales for Public Works Projects).
212	212	22 SECTION 7. IC 5-16-7.3 IS ADDED TO THE INDIANA CODE
213	213	23 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
214	214	24 JULY 1, 2025]:
215	215	25 Chapter 7.3. Wage Scale of Contractors' and Subcontractors'
216	216	26 Employees
217	217	27 Sec. 1. This chapter applies to a public works contract awarded
218	218	28 by a public agency after June 30, 2025.
219	219	29 Sec. 2. The following definitions apply throughout this chapter:
220	220	30 (1) "Common construction wage" means a scale of wages for
221	221	31 each class of work described in section 3(c)(1) of this chapter
222	222	32 that is not less than the common construction wage of all
223	223	33 construction wages being paid in the county where a project
224	224	34 is located, as determined by the committee described in
225	225	35 section 3(b) of this chapter after having considered the
226	226	36 following:
227	227	37 (A) Any reports with respect to wage scales submitted by
228	228	38 the Indiana State Building and Construction Trades
229	229	39 Council.
230	230	40 (B) Any reports with respect to wage scales submitted by
231	231	41 the Associated Builders and Contractors of Indiana.
232	232	42 (C) Any other information submitted by any person to the
233	233	2025 IN 93—LS 6394/DI 141 6
234	234	1 committee established under section 3(b) of this chapter.
235	235	2 (2) "State" includes any officer, board, commission, or other
236	236	3 agency authorized by law to award contracts for the
237	237	4 performance of public work on behalf of the state, except as
238	238	5 otherwise provided in this chapter.
239	239	6 (3) "Municipal corporation" includes any county, city, town,
240	240	7 school corporation, or any officer, board, commission, or
241	241	8 other agency authorized by law to award contracts for the
242	242	9 performance of public work on behalf of a municipal
243	243	10 corporation. The term also includes a redevelopment
244	244	11 commission established under IC 36-7-14-3.
245	245	12 (4) "Public work" includes any public building, highway,
246	246	13 street, alley, bridge, sewer, drain, improvement, or any other
247	247	14 work of any nature or character that is paid for out of public
248	248	15 funds, except as otherwise provided in this chapter.
249	249	16 Sec. 3. (a) Any firm, individual, partnership, limited liability
250	250	17 company, or corporation that is awarded a contract by the state,
251	251	18 a political subdivision, or a municipal corporation for the
252	252	19 construction of a public work, and any subcontractor of the
253	253	20 construction, shall pay for each class of work described in
254	254	21 subsection (c)(1) on the project a scale of wages that is not less than
255	255	22 the common construction wage.
256	256	23 (b) For the purpose of ascertaining what the common
257	257	24 construction wage is in the county, the awarding governmental
258	258	25 agency, before advertising for the contract, shall set up a
259	259	26 committee of five (5) persons as follows:
260	260	27 (1) One (1) person representing labor, to be named by the
261	261	28 president of the Indiana State Building and Construction
262	262	29 Trades Council.
263	263	30 (2) One (1) person representing industry, to be named by the
264	264	31 awarding agency.
265	265	32 (3) A third member to be named by the state president of the
266	266	33 Associated Builders and Contractors.
267	267	34 (4) One (1) taxpayer who pays the tax that will be the funding
268	268	35 source for the project and resides in the county where the
269	269	36 project is located. The owner of the project shall make the
270	270	37 appointment under this subdivision.
271	271	38 (5) One (1) taxpayer who pays the tax that will be the funding
272	272	39 source for the project and resides in the county where the
273	273	40 project is located. The legislative body (as defined in
274	274	41 IC 36-1-2-9) for the county where the project is located shall
275	275	42 make the appointment under this subdivision.
276	276	2025 IN 93—LS 6394/DI 141 7
277	277	1 (c) As soon as appointed, the committee shall meet in the county
278	278	2 where the project is located and determine in writing the following:
279	279	3 (1) A classification of the labor to be employed in the
280	280	4 performance of the contract for the project, divided into the
281	281	5 following three (3) classes:
282	282	6 (A) Skilled labor.
283	283	7 (B) Semiskilled labor.
284	284	8 (C) Unskilled labor.
285	285	9 (2) The wage per hour to be paid each of the classes.
286	286	10 The committee is not required to consider information not
287	287	11 presented to the committee at the meeting. IC 5-14-1.5 (open door
288	288	12 law) applies to a meeting of the committee.
289	289	13 (d) The rate of wages determined by the committee under
290	290	14 subsection (c) applies to any contract for which the awarding
291	291	15 government agency lets not later than three (3) months after the
292	292	16 date the committee determines the rate of wages. The committee
293	293	17 shall establish wages for all classifications of work that may be
294	294	18 employed on projects subject to contracts let by the awarding
295	295	19 agency for three (3) months after the date the committee
296	296	20 determines the rate of wages. If an awarding agency advertises for
297	297	21 a contract that includes classifications that are not listed on the
298	298	22 existing wage scale, the awarding agency shall form a new
299	299	23 committee under subsection (b) to determine the classifications and
300	300	24 wages on the contract.
301	301	25 (e) If the awarding government agency lets for a contract later
302	302	26 than three (3) months after the committee determines the rate of
303	303	27 wages, the awarding government agency shall form a new
304	304	28 committee under subsection (b) to determine a rate of wages for
305	305	29 the contract. The rate of wages determined under this subsection
306	306	30 applies to any contract for which the awarding government agency
307	307	31 lets not later than three (3) months after the rate of wages is
308	308	32 determined under this subsection.
309	309	33 (f) The rate of wages determined under subsection (c) shall not
310	310	34 be less than the common construction wage for each of the three (3)
311	311	35 classes of wages described in subsection (c) that are currently being
312	312	36 paid in the county where the project is located.
313	313	37 (g) This chapter does not apply to contracts let by the Indiana
314	314	38 department of transportation for the construction of highways,
315	315	39 streets, and bridges. IC 8-23-9 applies to state highway projects.
316	316	40 (h) A determination under subsection (c) shall be made and filed
317	317	41 with the awarding agency at least two (2) weeks prior to the date
318	318	42 fixed for the letting, and a copy of the determination shall be
319	319	2025 IN 93—LS 6394/DI 141 8
320	320	1 furnished upon request to any person desiring to bid on the
321	321	2 contract. The schedule is open to the inspection of the public.
322	322	3 (i) If the committee appointed under subsection (b) fails to act
323	323	4 and to file a determination under subsection (c) at or before the
324	324	5 time required under subsection (h), the awarding agency shall
325	325	6 make the determination, and its finding shall be final.
326	326	7 (j) It shall be a condition of a contract awarded under this
327	327	8 chapter that the successful bidder and all subcontractors shall
328	328	9 comply strictly with the determination made under this section.
329	329	10 (k) This chapter does not apply to public projects in Indiana
330	330	11 that would otherwise be subject to this chapter that are to be paid
331	331	12 for in whole or in part with funds granted by the federal
332	332	13 government, unless the department of the federal government
333	333	14 making the grant consents in writing that this chapter is applicable
334	334	15 to the project.
335	335	16 (l) Notwithstanding any other law, this chapter applies to
336	336	17 projects that will be:
337	337	18 (1) owned entirely; or
338	338	19 (2) leased with an option to purchase;
339	339	20 by the state or a political subdivision (as defined in IC 36-1-2-13).
340	340	21 (m) Notwithstanding any other law, this chapter does not apply
341	341	22 to projects in which the actual construction costs are less than
342	342	23 three hundred fifty thousand dollars ($350,000).
343	343	24 Sec. 4. (a) The state or any municipal corporation of the state
344	344	25 letting a contract for a public work shall require any contractor or
345	345	26 subcontractor performing the public work to file a schedule of the
346	346	27 wages to be paid to the laborers, workmen, or mechanics thereon
347	347	28 with the state or municipal corporation. The schedule shall be filed
348	348	29 before any work is performed on the contract or subcontract.
349	349	30 (b) The scale included in a schedule of wages filed under this
350	350	31 section shall not be less than the scale determined under section 3
351	351	32 of this chapter.
352	352	33 (c) Nothing in this chapter shall be construed to prevent a
353	353	34 contractor or subcontractor from paying a higher rate of wages
354	354	35 than those set out in the schedule of wages filed by the contractor
355	355	36 or subcontractor under this section.
356	356	37 Sec. 5. A contractor or subcontractor who knowingly fails to pay
357	357	38 the rate of wages determined under this chapter commits a Class
358	358	39 B misdemeanor. If the contractor or subcontractor has committed
359	359	40 a prior offense under this section, the contract on which the instant
360	360	41 offense occurred shall be forfeited and the contractor or
361	361	42 subcontractor may not receive any further payment on the
362	362	2025 IN 93—LS 6394/DI 141 9
363	363	1 contract nor may the state or the municipal corporation making
364	364	2 the contract make any further payments on the contract from any
365	365	3 of the funds under its charge or control.
366	366	4 Sec. 6. (a) This chapter does not apply to contractors or
367	367	5 subcontractors performing public work for Purdue University on
368	368	6 agricultural or forestry land owned or occupied by the university
369	369	7 and used by it for educational or research purposes if the cost of
370	370	8 the work is estimated to be less than fifty thousand dollars
371	371	9 ($50,000).
372	372	10 (b) Except as provided in IC 5-23, this chapter does not apply to
373	373	11 a person that has entered into an operating agreement with the
374	374	12 state, a municipal corporation, or another political subdivision for
375	375	13 the management or operation of a public facility under IC 5-23.
376	376	14 Sec. 7. (a) A public work project may not be artificially divided
377	377	15 into two (2) or more projects to avoid the application of this
378	378	16 chapter.
379	379	17 (b) A bidder, quoter, or other person who is a party to a public
380	380	18 work contract who knowingly violates this section commits a Class
381	381	19 A infraction and may not be a party to, or benefit from, a public
382	382	20 work contract for two (2) years after the date of the adjudication.
383	383	21 (c) An officer or employee of the state or a municipal
384	384	22 corporation who knowingly violates this section commits a Class A
385	385	23 infraction.
386	386	24 SECTION 8. IC 5-23-3-3.1 IS ADDED TO THE INDIANA CODE
387	387	25 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
388	388	26 1, 2025]: Sec. 3.1. If a governmental body enters into a BOT
389	389	27 agreement after June 30, 2025, that involves the construction of a
390	390	28 public facility with public funds under this chapter, the operator
391	391	29 or any contractor or subcontractor engaged in the construction of
392	392	30 that public facility shall pay the common construction wage as
393	393	31 determined under IC 5-16-7.3.
394	394	32 SECTION 9. IC 5-23-4-2.1 IS ADDED TO THE INDIANA CODE
395	395	33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
396	396	34 1, 2025]: Sec. 2.1. If a governmental body enters into an operating
397	397	35 agreement after June 30, 2025, that involves the construction of a
398	398	36 public facility with public funds under this chapter, the operator
399	399	37 or any contractor or subcontractor engaged in the construction of
400	400	38 that public facility shall pay the common construction wage as
401	401	39 determined under IC 5-16-7.3.
402	402	40 SECTION 10. IC 5-30-6-4, AS AMENDED BY P.L.252-2015,
403	403	41 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
404	404	42 JULY 1, 2025]: Sec. 4. In addition to the design criteria package, a
405	405	2025 IN 93—LS 6394/DI 141 10
406	406	1 request for proposals must include the following:
407	407	2 (1) Instructions.
408	408	3 (2) Proposal forms and schedules.
409	409	4 (3) General and special conditions.
410	410	5 (4) The basis for evaluation of proposals, including a description
411	411	6 of the selection criteria with the weight assigned to each criteria.
412	412	7 (5) A determination of the common construction wage made
413	413	8 under IC 5-16-7.3.
414	414	9 (5) (6) Any other instructions, documents, or information relevant
415	415	10 to the public project that the public agency considers relevant.
416	416	11 SECTION 11. IC 5-30-8-6.1 IS ADDED TO THE INDIANA CODE
417	417	12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
418	418	13 1, 2025]: Sec. 6.1. (a) A determination under IC 5-16-7.3-3(c) for a
419	419	14 public project to be constructed under a design-build contract shall
420	420	15 be made and filed with the public agency at least two (2) weeks
421	421	16 before the date fixed for submission of the qualitative proposal and
422	422	17 the price proposal under IC 5-30-6-5.
423	423	18 (b) If the committee appointed under IC 5-16-7.3-3(b) fails to
424	424	19 act and to file a determination under IC 5-16-7.3-3(c) within the
425	425	20 time required by this section, the public agency shall make the
426	426	21 determination, and its finding shall be final.
427	427	22 (c) The time periods set forth in this section apply to any
428	428	23 construction services provided for a public project to be
429	429	24 constructed under a design-build contract, instead of the time
430	430	25 periods set forth in IC 5-16-7.3-3(h) and IC 5-16-7.3-3(i).
431	431	26 SECTION 12. IC 8-1.5-2-27, AS AMENDED BY P.L.252-2015,
432	432	27 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
433	433	28 JULY 1, 2025]: Sec. 27. (a) A municipality may lease waterworks
434	434	29 facilities from a not-for-profit corporation, a public utility, a county, or
435	435	30 a municipality. The term of the lease may not exceed fifty (50) years.
436	436	31 The lease must provide that the municipality has an option to:
437	437	32 (1) renew the lease for a further term on like conditions; and
438	438	33 (2) purchase the waterworks facilities covered by the lease
439	439	34 contract with the terms and conditions of the purchase specified
440	440	35 in the lease.
441	441	36 (b) If the option to purchase the waterworks facilities covered by the
442	442	37 lease is exercised, the municipality, for the purpose of procuring money
443	443	38 to pay the purchase price, may issue and sell revenue bonds under other
444	444	39 laws governing the issuance and sale of waterworks revenue bonds for
445	445	40 additions and extensions to municipal waterworks.
446	446	41 (c) If the municipality has not exercised an option to purchase the
447	447	42 property covered by the lease at the expiration of the lease, and upon
448	448	2025 IN 93—LS 6394/DI 141 11
449	449	1 the full discharge and performance by the municipality of its
450	450	2 obligations under the lease contract, the property covered by the lease
451	451	3 thereupon becomes the absolute property of the municipality, and the
452	452	4 lessor shall execute proper instruments conveying to the municipality
453	453	5 good and merchantable title thereto.
454	454	6 (d) A waterworks facility leased under this section is subject to
455	455	7 IC 5-16-7.3.
456	456	8 SECTION 13. IC 8-15.5-6-2, AS AMENDED BY P.L.252-2015,
457	457	9 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
458	458	10 JULY 1, 2025]: Sec. 2. (a) Unless otherwise provided by federal law
459	459	11 or this section, the operator or any contractor or subcontractor of the
460	460	12 operator engaged in the construction of a project is not required to
461	461	13 comply with IC 4-13.6 or IC 5-16 concerning state public works,
462	462	14 IC 5-17 concerning purchases of materials and supplies, or other
463	463	15 statutes concerning procedures for procurement of public works or
464	464	16 personal property as a condition of being awarded and performing work
465	465	17 on the project.
466	466	18 (b) IC 5-16-7.3 concerning the common construction wage
467	467	19 applies to the operator or any contractor or subcontractor of the
468	468	20 operator engaged in the construction of a project that is the subject
469	469	21 of a public-private agreement entered into after June 30, 2025.
470	470	22 SECTION 14. IC 8-15.7-6-2, AS AMENDED BY P.L.252-2015,
471	471	23 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
472	472	24 JULY 1, 2025]: Sec. 2. (a) Unless otherwise provided by federal law
473	473	25 or this section, the operator or any contractor or subcontractor of the
474	474	26 operator engaged in the construction of a project is not required to
475	475	27 comply with IC 4-13.6 or IC 5-16 concerning state public works,
476	476	28 IC 5-17 concerning purchases of materials and supplies, or other
477	477	29 statutes concerning procedures for procurement of public works or
478	478	30 personal property as a condition of being awarded and performing work
479	479	31 on the project.
480	480	32 (b) IC 5-16-7.3 concerning the common construction wage
481	481	33 applies to the operator or any contractor or subcontractor of the
482	482	34 operator engaged in the construction of a project that is the subject
483	483	35 of a public-private agreement entered into after June 30, 2025.
484	484	36 SECTION 15. IC 16-22-6-37, AS AMENDED BY P.L.252-2015,
485	485	37 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
486	486	38 JULY 1, 2025]: Sec. 37. (a) A county or the governing board of the
487	487	39 hospital may remodel or construct an addition to a hospital building
488	488	40 leased under this chapter.
489	489	41 (b) To provide funds for that purpose, the county may issue general
490	490	42 obligation bonds or appropriate money from the county's general fund
491	491	2025 IN 93—LS 6394/DI 141 12
492	492	1 or other funds available for that purpose if the hospital building is
493	493	2 owned by the county. The governing board of a hospital may use funds
494	494	3 available to the board if the hospital building is owned by the county.
495	495	4 (c) A contract entered into under this chapter for a public work
496	496	5 (as defined in IC 5-16-7.3-2) is subject to IC 5-16-7.3.
497	497	6 SECTION 16. IC 16-22-7-42, AS AMENDED BY P.L.252-2015,
498	498	7 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
499	499	8 JULY 1, 2025]: Sec. 42. (a) The governing board of the hospital may
500	500	9 remodel or construct an addition to a hospital building leased by the
501	501	10 hospital under this chapter.
502	502	11 (b) To provide funds for that purpose, the county may issue general
503	503	12 obligation aid bonds or the city hospital or city may appropriate money
504	504	13 from the city hospital's or city's general fund or other funds available
505	505	14 for that purpose if the hospital building is owned by the city hospital or
506	506	15 city. The governing board of the hospital may use any funds available
507	507	16 to the board if the hospital building is owned by the city.
508	508	17 (c) A contract entered into under this chapter for a public work
509	509	18 (as defined in IC 5-16-7.3-2) is subject to IC 5-16-7.3.
510	510	19 SECTION 17. IC 22-1-1-16, AS AMENDED BY P.L.252-2015,
511	511	20 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
512	512	21 JULY 1, 2025]: Sec. 16. The commissioner of labor and the
513	513	22 commissioner's authorized representative shall have the power and the
514	514	23 authority to enter any place of employment for the purpose of
515	515	24 collecting facts and statistics relating to the employment of workers and
516	516	25 of making inspections for the proper enforcement of all of the labor
517	517	26 laws of Indiana, including IC 5-16-7.3. An employer or owner may not
518	518	27 refuse to admit the commissioner of labor or the commissioner's
519	519	28 authorized representatives to the employer's or owner's place of
520	520	29 employment.
521	521	30 SECTION 18. IC 22-2-2-10.5, AS AMENDED BY P.L.144-2016,
522	522	31 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
523	523	32 JULY 1, 2025]: Sec. 10.5. (a) As used in this section, "unit" has the
524	524	33 meaning set forth in IC 36-1-2-23.
525	525	34 (b) Unless federal or state law provides otherwise, a unit may not:
526	526	35 (1) establish;
527	527	36 (2) mandate; or
528	528	37 (3) otherwise require;
529	529	38 a minimum wage that exceeds the minimum wage required by section
530	530	39 4 of this chapter or by the federal minimum hourly wage prescribed by
531	531	40 29 U.S.C. 206(a)(1).
532	532	41 (c) Except as provided in IC 5-16-7.2, This section does not limit
533	533	42 the authority of a unit to establish wage rates in a contract to which the
534	534	2025 IN 93—LS 6394/DI 141 13
535	535	1 unit is a party.
536	536	2 SECTION 19. IC 35-44.2-3-4.1 IS ADDED TO THE INDIANA
537	537	3 CODE AS A NEW SECTION TO READ AS FOLLOWS
538	538	4 [EFFECTIVE JULY 1, 2025]: Sec. 4.1. A person who commits a
539	539	5 wage scale violation in a state public works contract is subject to
540	540	6 criminal prosecution under IC 5-16-7.3-5.
541	541	7 SECTION 20. IC 35-44.2-3-5.1 IS ADDED TO THE INDIANA
542	542	8 CODE AS A NEW SECTION TO READ AS FOLLOWS
543	543	9 [EFFECTIVE JULY 1, 2025]: Sec. 5.1. A person who unlawfully
544	544	10 divides a public works project is subject to a civil action for an
545	545	11 infraction under IC 5-16-7.3-7.
546	546	12 SECTION 21. IC 35-52-5-8.1 IS ADDED TO THE INDIANA
547	547	13 CODE AS A NEW SECTION TO READ AS FOLLOWS
548	548	14 [EFFECTIVE JULY 1, 2025]: Sec. 8.1. IC 5-16-7.3-5 defines a crime
549	549	15 concerning wage rate of contractors' and subcontractors'
550	550	16 employees.
551	551	17 SECTION 22. IC 36-1-12-15, AS AMENDED BY P.L.252-2015,
552	552	18 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
553	553	19 JULY 1, 2025]: Sec. 15. (a) A contract by the board for public work
554	554	20 must conform to:
555	555	21 (1) the wage scale provisions of IC 5-16-7.3; and
556	556	22 (2) IC 5-16-13.
557	557	23 (b) A contract by the board for public work must conform with the
558	558	24 antidiscrimination provisions of IC 5-16-6. The board may consider a
559	559	25 violation of IC 5-16-6 a material breach of the contract, as provided in
560	560	26 IC 22-9-1-10.
561	561	27 SECTION 23. IC 36-1-12.5-5, AS AMENDED BY P.L.152-2021,
562	562	28 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
563	563	29 JULY 1, 2025]: Sec. 5. (a) The governing body may enter into an
564	564	30 agreement with a public utility to participate in a utility efficiency
565	565	31 program or enter into a guaranteed savings contract with a qualified
566	566	32 provider to increase the political subdivision's billable revenues or
567	567	33 reduce the school corporation's or the political subdivision's energy or
568	568	34 water consumption, wastewater usage costs, or operating costs if, after
569	569	35 review of the report described in section 6 of this chapter, the
570	570	36 governing body finds:
571	571	37 (1) in the case of conservation measures other than those that are
572	572	38 part of a project related to the alteration of a water or wastewater
573	573	39 structure or system, that the amount the governing body would
574	574	40 spend on the conservation measures under the contract and that
575	575	41 are recommended in the report is not likely to exceed the amount
576	576	42 to be saved in energy consumption costs and other operating costs
577	577	2025 IN 93—LS 6394/DI 141 14
578	578	1 over twenty (20) years from the date of installation if the
579	579	2 recommendations in the report were followed;
580	580	3 (2) in the case of conservation measures that are part of a project
581	581	4 related to the alteration of a water or wastewater structure or
582	582	5 system, that the amount the governing body would spend on the
583	583	6 conservation measures under the contract and that are
584	584	7 recommended in the report is not likely to exceed the amount of
585	585	8 increased billable revenues or the amount to be saved in energy
586	586	9 and water consumption costs, wastewater usage costs, and other
587	587	10 operating costs over twenty (20) years from the date of
588	588	11 installation if the recommendations in the report were followed;
589	589	12 and
590	590	13 (3) in the case of a guaranteed savings contract, the qualified
591	591	14 provider provides a written guarantee as described in subsection
592	592	15 (d)(3).
593	593	16 (b) Before entering into an agreement to participate in a utility
594	594	17 efficiency program or a guaranteed savings contract under this section,
595	595	18 the governing body must publish notice under subsection (c)
596	596	19 indicating:
597	597	20 (1) that the governing body is requesting public utilities or
598	598	21 qualified providers to propose conservation measures through:
599	599	22 (A) a utility efficiency program; or
600	600	23 (B) a guaranteed savings contract; and
601	601	24 (2) the date, the time, and the place where proposals must be
602	602	25 received.
603	603	26 (c) The notice required by subsection (b) must be published two (2)
604	604	27 times with at least one (1) week between publications:
605	605	28 (1) with each publication of notice in accordance with IC 5-3-1-1
606	606	29 in two (2) newspapers of general circulation in the county where
607	607	30 the school corporation or the political subdivision is located; or
608	608	31 (2) with the first publication of notice in the newspapers
609	609	32 described in subdivision (1) and the second publication of notice:
610	610	33 (A) in accordance with IC 5-3-5; and
611	611	34 (B) on the official web site website of the school corporation
612	612	35 or the political subdivision.
613	613	36 The second publication must be made at least thirty (30) days before
614	614	37 the date by which proposals must be received.
615	615	38 (d) An agreement to participate in a utility efficiency program or
616	616	39 guaranteed savings contract under this section must provide that:
617	617	40 (1) in the case of conservation measures other than those that are
618	618	41 part of a project related to the alteration of a water or wastewater
619	619	42 structure or system, all payments, except obligations upon the
620	620	2025 IN 93—LS 6394/DI 141 15
621	621	1 termination of the agreement or contract before the agreement or
622	622	2 contract expires, may be made to the public utility or qualified
623	623	3 provider (whichever applies) in installments, not to exceed the
624	624	4 lesser of twenty (20) years or the average life of the conservation
625	625	5 measures installed from the date of final installation;
626	626	6 (2) in the case of conservation measures that are part of a project
627	627	7 related to the alteration of a water or wastewater structure or
628	628	8 system, all payments, except obligations upon the termination of
629	629	9 the agreement or contract before the agreement or contract
630	630	10 expires, may be made to the public utility or qualified provider
631	631	11 (whichever applies) in installments, not to exceed the lesser of
632	632	12 twenty (20) years or the average life of the conservation measures
633	633	13 installed from the date of final installation;
634	634	14 (3) in the case of the guaranteed savings contract:
635	635	15 (A) the:
636	636	16 (i) savings in energy and water consumption costs,
637	637	17 wastewater usage costs, and other operating costs; and
638	638	18 (ii) increase in billable revenues;
639	639	19 due to the conservation measures are guaranteed to cover the
640	640	20 costs of the payments for the measures; and
641	641	21 (B) the qualified provider will reimburse the school
642	642	22 corporation or political subdivision for the difference between
643	643	23 the guaranteed savings and the actual savings; and
644	644	24 (4) payments are subject to annual appropriation by the fiscal
645	645	25 body of the school corporation or political subdivision and do not
646	646	26 constitute an indebtedness of the school corporation or political
647	647	27 subdivision within the meaning of a constitutional or statutory
648	648	28 debt limitation.
649	649	29 (e) An agreement or a contract under this chapter is subject to
650	650	30 IC 5-16-7.3.
651	651	31 SECTION 24. IC 36-7-12-20, AS AMENDED BY P.L.252-2015,
652	652	32 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
653	653	33 JULY 1, 2025]: Sec. 20. (a) All tax revenues coming into possession
654	654	34 of the economic development commission shall be deposited, held, and
655	655	35 secured in accordance with the statutes relating to the handling and
656	656	36 investing of public funds. The handling and expenditure of this money
657	657	37 is subject to audit and supervision by the state board of accounts.
658	658	38 (b) Contracts for construction and equipment of economic
659	659	39 development or pollution control facilities need not be let in
660	660	40 accordance with IC 5-16, IC 5-17, or any other statute relating to public
661	661	41 contracts. However, the construction of waterworks facilities
662	662	42 financed for the public purpose of providing reliable water service
663	663	2025 IN 93—LS 6394/DI 141 16
664	664	1 is subject to IC 5-16-7.3.
665	665	2 (c) Any employee of the economic development commission
666	666	3 authorized to receive, disburse, or in any other way handle money or
667	667	4 negotiable securities of the commission shall execute a bond payable
668	668	5 to the state, with surety to consist of a surety or guaranty corporation
669	669	6 qualified to do business in the state. The bond must be in an amount
670	670	7 determined by the commission, and must be conditioned upon the
671	671	8 employee's faithful performance of the employee's duties and the
672	672	9 accounting for all monies and property that may come into the
673	673	10 employee's hands or under the employee's control. The cost of these
674	674	11 bonds shall be paid by the commission.
675	675	12 SECTION 25. IC 36-7-14-12.5 IS ADDED TO THE INDIANA
676	676	13 CODE AS A NEW SECTION TO READ AS FOLLOWS
677	677	14 [EFFECTIVE JULY 1, 2025]: Sec. 12.5. IC 5-16-7.3 applies to:
678	678	15 (1) a person that enters into a contract with a redevelopment
679	679	16 commission to perform construction work referred to in
680	680	17 section 12.2(a)(4), 12.2(a)(7), 12.2(a)(21), or 12.2(a)(22) of this
681	681	18 chapter; and
682	682	19 (2) a subcontractor of a person described in subdivision (1);
683	683	20 with respect to the construction work referred to in subdivision (1).
684	684	21 SECTION 26. IC 36-7.5-2-8, AS AMENDED BY P.L.10-2019,
685	685	22 SECTION 136, IS AMENDED TO READ AS FOLLOWS
686	686	23 [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) Except as provided in
687	687	24 subsection (c), the development authority must comply with
688	688	25 IC 5-16-7.3 (common construction wage), IC 5-22 (public
689	689	26 purchasing), IC 36-1-12 (public work projects), and any applicable
690	690	27 federal bidding statutes and regulations. An eligible political
691	691	28 subdivision that receives a loan, a grant, or other financial assistance
692	692	29 from the development authority or enters into a lease with the
693	693	30 development authority must comply with applicable federal, state, and
694	694	31 local public purchasing and bidding law and regulations. However, a
695	695	32 purchasing agency (as defined in IC 5-22-2-25) of an eligible political
696	696	33 subdivision may:
697	697	34 (1) assign or sell a lease for property to the development
698	698	35 authority; or
699	699	36 (2) enter into a lease for property with the development authority;
700	700	37 at any price and under any other terms and conditions as may be
701	701	38 determined by the eligible political subdivision and the development
702	702	39 authority. However, before making an assignment or sale of a lease or
703	703	40 entering into a lease under this section that would otherwise be subject
704	704	41 to IC 5-22, the eligible political subdivision or its purchasing agent
705	705	42 must obtain or cause to be obtained a purchase price for the property
706	706	2025 IN 93—LS 6394/DI 141 17
707	707	1 to be subject to the lease from the lowest responsible and responsive
708	708	2 bidder in accordance with the requirements for the purchase of supplies
709	709	3 under IC 5-22.
710	710	4 (b) In addition to the provisions of subsection (a), with respect to
711	711	5 projects undertaken by the authority, the authority shall set a goal for
712	712	6 participation by minority business enterprises of fifteen percent (15%)
713	713	7 and women's business enterprises of five percent (5%), consistent with
714	714	8 the goals of delivering the project on time and within the budgeted
715	715	9 amount and, insofar as possible, using Indiana businesses for
716	716	10 employees, goods, and services. In fulfilling the goal, the authority
717	717	11 shall take into account historical precedents in the same market.
718	718	12 (c) As an alternative to IC 36-1-12, the development authority may
719	719	13 utilize and may comply with:
720	720	14 (1) IC 5-16;
721	721	15 (2) IC 5-23;
722	722	16 (3) IC 5-30;
723	723	17 (4) IC 5-32; or
724	724	18 (5) any combination of the articles listed in subdivisions (1)
725	725	19 through (4) as determined by the development authority as
726	726	20 appropriate;
727	727	21 when acquiring, financing, and constructing a public work that is a
728	728	22 development project (as defined in IC 36-7.5-4.5-5).
729	729	23 (d) The development authority may:
730	730	24 (1) contract with;
731	731	25 (2) assign to; or
732	732	26 (3) delegate to;
733	733	27 a commuter transportation district to perform any duties and exercise
734	734	28 any powers of the development authority under this chapter.
735	735	29 SECTION 27. IC 36-7.5-4-3, AS AMENDED BY P.L.189-2018,
736	736	30 SECTION 174, IS AMENDED TO READ AS FOLLOWS
737	737	31 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) Subject to subsection (h),
738	738	32 the development authority may issue bonds for the purpose of obtaining
739	739	33 money to pay the cost of:
740	740	34 (1) acquiring real or personal property, including existing capital
741	741	35 improvements;
742	742	36 (2) acquiring, constructing, improving, reconstructing, or
743	743	37 renovating one (1) or more projects; or
744	744	38 (3) funding or refunding bonds issued under this chapter or
745	745	39 IC 8-5-15, IC 8-22-3, or IC 36-9-3 or prior law.
746	746	40 (b) The bonds are payable solely from:
747	747	41 (1) the lease rentals from the lease of the projects for which the
748	748	42 bonds were issued, insurance proceeds, and any other funds
749	749	2025 IN 93—LS 6394/DI 141 18
750	750	1 pledged or available; and
751	751	2 (2) except as otherwise provided by law, revenue received by the
752	752	3 development authority and amounts deposited in the development
753	753	4 authority revenue fund.
754	754	5 (c) The bonds shall be authorized by a resolution of the
755	755	6 development board.
756	756	7 (d) The terms and form of the bonds shall either be set out in the
757	757	8 resolution or in a form of trust indenture approved by the resolution.
758	758	9 (e) The bonds shall mature within forty (40) years.
759	759	10 (f) The board shall sell the bonds only to the Indiana finance
760	760	11 authority established by IC 5-1.2-3 upon the terms determined by the
761	761	12 development board and the Indiana finance authority.
762	762	13 (g) All money received from any bonds issued under this chapter
763	763	14 shall be applied solely to the payment of the cost of acquiring,
764	764	15 constructing, improving, reconstructing, or renovating one (1) or more
765	765	16 projects, or the cost of refunding or refinancing outstanding bonds, for
766	766	17 which the bonds are issued. The cost may include:
767	767	18 (1) planning and development of equipment or a facility and all
768	768	19 buildings, facilities, structures, equipment, and improvements
769	769	20 related to the facility;
770	770	21 (2) acquisition of a site and clearing and preparing the site for
771	771	22 construction;
772	772	23 (3) equipment, facilities, structures, and improvements that are
773	773	24 necessary or desirable to make the project suitable for use and
774	774	25 operations;
775	775	26 (4) architectural, engineering, consultant, and attorney's fees;
776	776	27 (5) incidental expenses in connection with the issuance and sale
777	777	28 of bonds;
778	778	29 (6) reserves for principal and interest;
779	779	30 (7) interest during construction;
780	780	31 (8) financial advisory fees;
781	781	32 (9) insurance during construction;
782	782	33 (10) municipal bond insurance, debt service reserve insurance,
783	783	34 letters of credit, or other credit enhancement; and
784	784	35 (11) in the case of refunding or refinancing, payment of the
785	785	36 principal of, redemption premiums (if any) for, and interest on,
786	786	37 the bonds being refunded or refinanced.
787	787	38 (h) After June 30, 2025, the development authority may not
788	788	39 issue bonds under this article unless the development authority
789	789	40 first finds that each contract for the construction of a facility and
790	790	41 all buildings, facilities, structures, and improvements related to
791	791	42 that facility to be financed in whole or in part through the issuance
792	792	2025 IN 93—LS 6394/DI 141 19
793	793	1 of the bonds requires payment of the common construction wage
794	794	2 required by IC 5-16-7.3.
795	795	3 SECTION 28. IC 36-7.6-2-13, AS AMENDED BY P.L.252-2015,
796	796	4 SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
797	797	5 JULY 1, 2025]: Sec. 13. (a) A development authority shall comply with
798	798	6 IC 5-16-7.3 (common construction wage), IC 5-22 (public
799	799	7 purchasing), IC 36-1-12 (public work projects), and any applicable
800	800	8 federal bidding statutes and regulations. An eligible political
801	801	9 subdivision that receives a loan, a grant, or other financial assistance
802	802	10 from a development authority or enters into a lease with a development
803	803	11 authority must comply with applicable federal, state, and local public
804	804	12 purchasing and bidding laws and regulations. However, a purchasing
805	805	13 agency (as defined in IC 5-22-2-25) of an eligible political subdivision
806	806	14 may:
807	807	15 (1) assign or sell a lease for property to a development authority;
808	808	16 or
809	809	17 (2) enter into a lease for property with a development authority;
810	810	18 at any price and under any other terms and conditions as may be
811	811	19 determined by the eligible political subdivision and the development
812	812	20 authority. However, before making an assignment or a sale of a lease
813	813	21 or entering into a lease under this section that would otherwise be
814	814	22 subject to IC 5-22, the eligible political subdivision or its purchasing
815	815	23 agent must obtain or cause to be obtained a purchase price for the
816	816	24 property to be subject to the lease from the lowest responsible and
817	817	25 responsive bidder in accordance with the requirements for the purchase
818	818	26 of supplies under IC 5-22.
819	819	27 (b) In addition to the provisions of subsection (a), with respect to
820	820	28 projects undertaken by a development authority, the development
821	821	29 authority shall set a goal for participation by minority business
822	822	30 enterprises and women's business enterprises. The goals must be
823	823	31 consistent with:
824	824	32 (1) the participation goals established by the counties and
825	825	33 municipalities that are members of the development authority;
826	826	34 and
827	827	35 (2) the goals of delivering the project on time and within the
828	828	36 budgeted amount and, insofar as possible, using Indiana
829	829	37 businesses for employees, goods, and services.
830	830	38 SECTION 29. IC 36-7.6-4-3, AS AMENDED BY P.L.178-2015,
831	831	39 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
832	832	40 JULY 1, 2025]: Sec. 3. (a) Subject to subsection (i), a development
833	833	41 authority may issue bonds for the purpose of obtaining money to pay
834	834	42 the cost of:
835	835	2025 IN 93—LS 6394/DI 141 20
836	836	1 (1) acquiring real or personal property, including existing capital
837	837	2 improvements;
838	838	3 (2) acquiring, constructing, improving, reconstructing, or
839	839	4 renovating one (1) or more projects; or
840	840	5 (3) funding or refunding bonds issued under this chapter,
841	841	6 IC 8-5-15, IC 8-22-3, IC 36-9-3, or prior law.
842	842	7 (b) The bonds are payable solely from:
843	843	8 (1) the lease rentals from the lease of the projects for which the
844	844	9 bonds were issued, insurance proceeds, and any other funds
845	845	10 pledged or available; and
846	846	11 (2) except as otherwise provided by law, revenue received by the
847	847	12 development authority and amounts deposited in the development
848	848	13 authority fund.
849	849	14 (c) The bonds must be authorized by a resolution of the
850	850	15 development board of the development authority that issues the bonds.
851	851	16 (d) The terms and form of the bonds must either be set out in the
852	852	17 resolution or in a form of trust indenture approved by the resolution.
853	853	18 (e) The bonds must mature within forty (40) years.
854	854	19 (f) A development board shall sell the bonds only to the Indiana
855	855	20 bond bank established by IC 5-1.5-2-1 upon the terms determined by
856	856	21 the development board and the Indiana bond bank.
857	857	22 (g) All money received from any bonds issued under this chapter
858	858	23 shall be applied solely to the payment of the cost of acquiring,
859	859	24 constructing, improving, reconstructing, or renovating one (1) or more
860	860	25 projects, or the cost of refunding or refinancing outstanding bonds, for
861	861	26 which the bonds are issued. The cost may include:
862	862	27 (1) planning and development of equipment or a facility and all
863	863	28 buildings, facilities, structures, equipment, and improvements
864	864	29 related to the facility;
865	865	30 (2) acquisition of a site and clearing and preparing the site for
866	866	31 construction;
867	867	32 (3) equipment, facilities, structures, and improvements that are
868	868	33 necessary or desirable to make the project suitable for use and
869	869	34 operations;
870	870	35 (4) architectural, engineering, consultant, and attorney's fees;
871	871	36 (5) incidental expenses in connection with the issuance and sale
872	872	37 of bonds;
873	873	38 (6) reserves for principal and interest;
874	874	39 (7) interest during construction;
875	875	40 (8) financial advisory fees;
876	876	41 (9) insurance during construction;
877	877	42 (10) municipal bond insurance, debt service reserve insurance,
878	878	2025 IN 93—LS 6394/DI 141 21
879	879	1 letters of credit, or other credit enhancement; and
880	880	2 (11) in the case of refunding or refinancing, payment of the
881	881	3 principal of, redemption premiums (if any) for, and interest on the
882	882	4 bonds being refunded or refinanced.
883	883	5 (h) A development authority may not issue bonds under this article
884	884	6 or otherwise finance debt unless:
885	885	7 (1) the development authority enters into an interlocal agreement
886	886	8 with each member that is committing funds to a project to be
887	887	9 supported by the bonds; and
888	888	10 (2) the fiscal body of each member that is committing funds to the
889	889	11 project to be supported by the bonds approves the agreement
890	890	12 described in subdivision (1) by ordinance.
891	891	13 (i) After June 30, 2025, a development authority may not issue
892	892	14 bonds under this article unless the development authority first
893	893	15 finds that each contract for the construction of a facility and all
894	894	16 buildings, facilities, structures, and improvements related to that
895	895	17 facility to be financed in whole or in part through the issuance of
896	896	18 the bonds requires payment of the common construction wage
897	897	19 required by IC 5-16-7.3.
898	898	20 SECTION 30. IC 36-9-23-2, AS AMENDED BY P.L.252-2015,
899	899	21 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
900	900	22 JULY 1, 2025]: Sec. 2. A municipality may:
901	901	23 (1) acquire, construct, improve, operate, and maintain sewage
902	902	24 works under this chapter;
903	903	25 (2) acquire, by gift, grant, purchase, condemnation, or otherwise,
904	904	26 all lands, rights-of-way, and other property that are necessary for
905	905	27 the sewage works;
906	906	28 (3) issue revenue bonds to pay the cost of acquiring, constructing,
907	907	29 and improving the sewage works and property; and
908	908	30 (4) lease sewage works from a person, an entity, a corporation, a
909	909	31 public utility, or a unit for a term not to exceed fifty (50) years.
910	910	32 A sewage works leased under this section is subject to IC 5-16-7.3.
911	911	2025 IN 93—LS 6394/DI 141