Indiana 2025 Regular Session

Indiana Senate Bill SB0251 Compare Versions

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22 Introduced Version
33 SENATE BILL No. 251
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 4-3-28; IC 5-11-1-32; IC 5-28.
77 Synopsis: Indiana economic development corporation. Provides that
88 the governor may convene meetings with individuals from certain state
99 agencies to work toward communicating a single, strategic economic
1010 development plan for the state. Provides that the state board of
1111 accounts shall act as the economic development ombudsman
1212 (ombudsman) for the Indiana economic development corporation
1313 (IEDC) and a nonprofit subsidiary of the IEDC (nonprofit subsidiary).
1414 Requires the state board of accounts to designate an individual to serve
1515 as the ombudsman. Sets forth the ombudsman's duties, including the
1616 recommendation of policies to the general assembly concerning
1717 economic development and transparency matters. Provides that the
1818 ombudsman (subject to the state examiner's approval) may employ or
1919 contract with assistants necessary to assist the ombudsman in carrying
2020 out the ombudsman's duties. Establishes circumstances under which
2121 the ombudsman is required to adopt a budget before the ombudsman's
2222 costs, including the costs of any assistants, in carrying out the
2323 ombudsman's duties are paid from appropriations made to the IEDC
2424 and when the ombudsman may bill the IEDC for those costs without
2525 using the budget procedure added by the bill. Provides for appointment
2626 to the board of the IEDC of two nonvoting, advisory members who are
2727 members of the general assembly. Requires the IEDC, before
2828 purchasing land that exceeds 100 acres in a county, to first give notice
2929 to the county or municipality, or both, in which the land is located not
3030 later than 30 days before the closing date for the purchase. Requires the
3131 IEDC to establish a dashboard that includes longitudinal
3232 representations of certain economic development data derived from
3333 (Continued next page)
3434 Effective: Upon passage; July 1, 2025.
3535 Deery
3636 January 13, 2025, read first time and referred to Committee on Commerce and Technology.
3737 2025 IN 251—LS 6850/DI 129 Digest Continued
3838 elements required to be included in the economic incentives and
3939 compliance report. Requires the IEDC to analyze the potential impact
4040 of a proposed economic development investment on the costs to
4141 provide the following utility services to ratepayers: (1) Water. (2)
4242 Wastewater. (3) Electricity. (4) Natural gas. Specifies that in
4343 performing the analysis, the IEDC must consider each of the following:
4444 (1) The existing utility infrastructure available to serve the project. (2)
4545 Any new utility infrastructure needed to serve the project. (3) Water
4646 resource availability for the project. Provides that if a proposed
4747 economic development investment is projected to negatively impact
4848 ratepayers, the IEDC is required to develop and implement a mitigation
4949 plan. Allows the IEDC to consult with certain state agencies, utilities
5050 providing utility services to the project area, local units of government,
5151 and consumer and ratepayer advocates in performing the analysis and
5252 mitigation requirements added by the bill.
5353 2025 IN 251—LS 6850/DI 1292025 IN 251—LS 6850/DI 129 Introduced
5454 First Regular Session of the 124th General Assembly (2025)
5555 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
5656 Constitution) is being amended, the text of the existing provision will appear in this style type,
5757 additions will appear in this style type, and deletions will appear in this style type.
5858 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
5959 provision adopted), the text of the new provision will appear in this style type. Also, the
6060 word NEW will appear in that style type in the introductory clause of each SECTION that adds
6161 a new provision to the Indiana Code or the Indiana Constitution.
6262 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
6363 between statutes enacted by the 2024 Regular Session of the General Assembly.
6464 SENATE BILL No. 251
6565 A BILL FOR AN ACT to amend the Indiana Code concerning state
6666 and local administration.
6767 Be it enacted by the General Assembly of the State of Indiana:
6868 1 SECTION 1. IC 4-3-28 IS ADDED TO THE INDIANA CODE AS
6969 2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
7070 3 PASSAGE]:
7171 4 Chapter 28. Strategic Planning
7272 5 Sec. 1. As used in this chapter, "state agency" means an
7373 6 authority, board, branch, commission, committee, department,
7474 7 division, body corporate and politic created by statute, or other
7575 8 instrumentality of the executive, including the administrative,
7676 9 department of state government.
7777 10 Sec. 2. The governor may convene meetings, at the governor's
7878 11 discretion, with:
7979 12 (1) the secretary of commerce of the Indiana economic
8080 13 development corporation;
8181 14 (2) the commissioner of the Indiana department of
8282 15 transportation;
8383 2025 IN 251—LS 6850/DI 129 2
8484 1 (3) the chair of the Indiana utility regulatory commission;
8585 2 (4) the chair of the ports of Indiana;
8686 3 (5) the public finance director of the Indiana finance
8787 4 authority; and
8888 5 (6) any other individual from a state agency who the governor
8989 6 determines is necessary to participate in a meeting;
9090 7 to work toward communicating a single, strategic economic
9191 8 development plan for the state that includes the identification of
9292 9 state assets that enable organic investment and ensure that the
9393 10 state's physical infrastructure is prepared for the future needs of
9494 11 commerce.
9595 12 SECTION 2. IC 5-11-1-32 IS ADDED TO THE INDIANA CODE
9696 13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
9797 14 1, 2025]: Sec. 32. (a) The following definitions apply throughout
9898 15 this section:
9999 16 (1) "Corporation" refers to the Indiana economic
100100 17 development corporation established by IC 5-28-3-1.
101101 18 (2) "Nonprofit subsidiary" refers to a nonprofit subsidiary
102102 19 corporation established under IC 5-28-5-13.
103103 20 (3) "Ombudsman" means the individual designated as the
104104 21 economic development ombudsman under subsection (b) for
105105 22 the corporation and a nonprofit subsidiary.
106106 23 (b) The state board of accounts shall act as the economic
107107 24 development ombudsman for the corporation and a nonprofit
108108 25 subsidiary. To carry out the duties set forth in this section, the state
109109 26 board of accounts shall designate an individual to serve as the
110110 27 economic development ombudsman. The individual selected under
111111 28 this subsection serves at the pleasure of the state board of accounts.
112112 29 (c) The ombudsman shall carry out the following duties:
113113 30 (1) Assist the state board of accounts with respect to:
114114 31 (A) an examination of the corporation or a nonprofit
115115 32 subsidiary; or
116116 33 (B) a review of the examination of the corporation or a
117117 34 nonprofit subsidiary conducted by a private examiner as
118118 35 described in section 9 of this chapter.
119119 36 (2) Conduct investigations related to fraud, waste, abuse,
120120 37 mismanagement, and misconduct in the corporation or
121121 38 nonprofit subsidiary.
122122 39 (3) Conduct performance audits of programs of the
123123 40 corporation or nonprofit subsidiary.
124124 41 (4) Consult with outside management and economic
125125 42 development experts to aid the ombudsman in carrying out
126126 2025 IN 251—LS 6850/DI 129 3
127127 1 the duties under this section.
128128 2 (5) Recommend policies to the general assembly that would do
129129 3 any of the following:
130130 4 (A) Increase public trust of the corporation's management
131131 5 and spending of taxpayer resources.
132132 6 (B) Increase the transparency of the corporation's
133133 7 activities without sacrificing the corporation's economic
134134 8 development mission as set forth in IC 5-28-1-1.
135135 9 (C) Promote economic development in all parts of Indiana,
136136 10 especially rural communities.
137137 11 (D) Increase the opportunities for coordination and
138138 12 collaboration with local communities throughout Indiana.
139139 13 Any policy recommendations under this subdivision must be
140140 14 made to the general assembly in an electronic format under
141141 15 IC 5-14-6.
142142 16 (6) Attend board meetings of the corporation and have access
143143 17 to all board materials.
144144 18 (d) This subsection applies if the ombudsman's budget is not
145145 19 more than ninety-nine thousand dollars ($99,000). The ombudsman
146146 20 shall bill the corporation for the costs incurred in carrying out the
147147 21 duties under this section, and the costs, including the costs of any
148148 22 assistants under subsection (f), shall be paid from appropriations
149149 23 made to the corporation.
150150 24 (e) This subsection applies if the ombudsman's budget is more
151151 25 than ninety-nine thousand dollars ($99,000). The ombudsman must
152152 26 prepare a budget and provide the proposed budget to the state
153153 27 examiner and the corporation. The state examiner and the
154154 28 corporation must provide written comments on the ombudsman's
155155 29 proposed budget not later than fourteen (14) days after the date the
156156 30 proposed budget is received. After the corporation and the state
157157 31 examiner have provided written comments on the ombudsman's
158158 32 proposed budget, the ombudsman shall provide the proposed
159159 33 budget to the budget agency for review and approval. The budget
160160 34 agency may:
161161 35 (1) approve;
162162 36 (2) approve with modifications; or
163163 37 (3) deny;
164164 38 the ombudsman's proposed budget. If the budget agency denies the
165165 39 ombudsman's proposed budget, the ombudsman may prepare
166166 40 another proposed budget and resubmit that budget in accordance
167167 41 with the procedures set forth in this subsection. The costs incurred
168168 42 by the ombudsman, including the costs of any assistants under
169169 2025 IN 251—LS 6850/DI 129 4
170170 1 subsection (f), in carrying out the duties under this section shall be
171171 2 paid from appropriations made to the corporation in accordance
172172 3 with the budget approved under this subsection.
173173 4 (f) Subject to the approval of the state examiner, the
174174 5 ombudsman may employ or contract with assistants that are
175175 6 necessary to assist the ombudsman in carrying out the duties under
176176 7 this section and that meet the requirements applicable to the:
177177 8 (1) appointment of a field examiner under section 8 of this
178178 9 chapter; or
179179 10 (2) engagement of a private examiner under section 24 of this
180180 11 chapter.
181181 12 (g) The corporation and a nonprofit subsidiary shall cooperate
182182 13 with the ombudsman to carry out the purpose of this section.
183183 14 (h) In carrying out any of the duties under this section, the
184184 15 ombudsman has the same rights, powers, duties, and obligations as
185185 16 the state examiner, deputy examiner, field examiner, or private
186186 17 examiner when engaged in making any examination or when
187187 18 engaged in any official duty delegated to that examiner by the state
188188 19 examiner.
189189 20 (i) This section does not confer authority on the state board of
190190 21 accounts or the ombudsman to publicly release information where
191191 22 public release of that information is prohibited, restricted, or
192192 23 otherwise limited by any one (1) of the following:
193193 24 (1) A contractual provision governing:
194194 25 (A) access to; or
195195 26 (B) public disclosure or release of;
196196 27 information.
197197 28 (2) IC 5-14-1.5 (open door law).
198198 29 (3) IC 5-14-3 (access to public records).
199199 30 (4) IC 24-2-3 (Uniform Trade Secrets Act).
200200 31 (5) Another law that prohibits, restricts, or limits public
201201 32 access to the information.
202202 33 SECTION 3. IC 5-28-4-2, AS AMENDED BY P.L.237-2017,
203203 34 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
204204 35 JULY 1, 2025]: Sec. 2. (a) The board is composed of the following
205205 36 members: none of whom may be members of the general assembly:
206206 37 (1) The governor.
207207 38 (2) Eleven (11) individuals appointed by the governor.
208208 39 (3) The members (if any) appointed by the governor under
209209 40 subsection (c).
210210 41 (4) Two (2) nonvoting, advisory members who are members
211211 42 of the general assembly appointed under subsection (d).
212212 2025 IN 251—LS 6850/DI 129 5
213213 1 The individuals appointed under subdivision (2) and the individuals
214214 2 appointed under subsection (c) must be employed in or retired from the
215215 3 private or nonprofit sector or academia and may not be members of
216216 4 the general assembly.
217217 5 (b) When making appointments under subsection (a)(2), the
218218 6 governor shall appoint the following:
219219 7 (1) At least five (5) members belonging to the same political party
220220 8 as the governor.
221221 9 (2) At least three (3) members who belong to a major political
222222 10 party (as defined in IC 3-5-2-30) other than the party of which the
223223 11 governor is a member.
224224 12 (c) In addition to the members appointed under subsection (a)(2),
225225 13 the governor may appoint not more than three (3) additional members
226226 14 to the board. If the governor appoints more than one (1) additional
227227 15 member to the board under this subsection, at least one (1) of the
228228 16 additional members must belong to a major political party (as defined
229229 17 in IC 3-5-2-30) other than the party of which the governor is a member.
230230 18 (d) The members described in subsection (a)(4) are appointed as
231231 19 follows:
232232 20 (1) The speaker of the house of representatives shall appoint
233233 21 one (1) individual who is a member of the house of
234234 22 representatives.
235235 23 (2) The president pro tempore of the senate shall appoint one
236236 24 (1) individual who is a member of the senate.
237237 25 (e) The following apply to the members appointed under
238238 26 subsection (d):
239239 27 (1) A member appointed under subsection (d):
240240 28 (A) serves at the pleasure of the member's appointing
241241 29 authority; and
242242 30 (B) may be reappointed to successive terms.
243243 31 (2) A vacancy in an appointment under subsection (d)(1) shall
244244 32 be filled by the speaker of the house of representatives.
245245 33 (3) A vacancy in an appointment under subsection (d)(2) shall
246246 34 be filled by the president pro tempore of the senate.
247247 35 (4) An individual appointed to fill a vacancy in an
248248 36 appointment under subsection (d) serves for the unexpired
249249 37 term of the individual's predecessor.
250250 38 SECTION 4. IC 5-28-4-3, AS AMENDED BY P.L.237-2017,
251251 39 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
252252 40 JULY 1, 2025]: Sec. 3. (a) Except as provided in subsection (d), the
253253 41 term of office of an appointed member of the board is four (4) years.
254254 42 (b) Each member appointed under section 2(a)(2) or 2(c) of this
255255 2025 IN 251—LS 6850/DI 129 6
256256 1 chapter holds office for the term of appointment and continues to serve
257257 2 after expiration of the appointment until a successor is appointed and
258258 3 qualified. A member is eligible for reappointment.
259259 4 (c) Members of the board appointed under section 2(a)(2) or 2(c) of
260260 5 this chapter serve at the pleasure of the governor.
261261 6 (d) This subsection applies to a member of the board appointed
262262 7 under section 2(d) of this chapter. The term of a member is two (2)
263263 8 years and expires June 30 of the odd-numbered year.
264264 9 SECTION 5. IC 5-28-4-5, AS ADDED BY P.L.4-2005, SECTION
265265 10 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
266266 11 2025]: Sec. 5. (a) The members of the board who are not members of
267267 12 the general assembly:
268268 13 (1) are entitled to a salary per diem for attending meetings equal
269269 14 to the per diem provided by law for members of the general
270270 15 assembly; The members of the board and
271271 16 (2) are also entitled to receive reimbursement for traveling
272272 17 expenses as provided under IC 4-13-1-4 and other expenses
273273 18 actually incurred in connection with the members' duties as
274274 19 approved by the budget agency.
275275 20 (b) Each member of the board who is a member of the general
276276 21 assembly is entitled to receive the same per diem, mileage, and
277277 22 travel allowances paid to legislative members of interim study
278278 23 committees established by the legislative council. Per diem,
279279 24 mileage, and travel allowances paid under this subsection shall be
280280 25 paid from appropriations made to the legislative council or the
281281 26 legislative services agency.
282282 27 SECTION 6. IC 5-28-4-6, AS AMENDED BY P.L.237-2017,
283283 28 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
284284 29 JULY 1, 2025]: Sec. 6. (a) The following constitutes a quorum for the
285285 30 transaction of business by the board of the corporation:
286286 31 (1) Seven (7) voting members of the board, if:
287287 32 (A) no additional members are appointed under section 2(c) of
288288 33 this chapter; or
289289 34 (B) one (1) additional member is appointed under section 2(c)
290290 35 of this chapter.
291291 36 (2) Eight (8) voting members of the board, if either two (2) or
292292 37 three (3) additional members are appointed under section 2(c) of
293293 38 this chapter.
294294 39 (b) The following number of affirmative votes is necessary for
295295 40 action to be taken by the board:
296296 41 (1) The affirmative vote of at least seven (7) members, if:
297297 42 (A) no additional members are appointed under section 2(c) of
298298 2025 IN 251—LS 6850/DI 129 7
299299 1 this chapter; or
300300 2 (B) one (1) additional member is appointed under section 2(c)
301301 3 of this chapter.
302302 4 (2) The affirmative vote of at least eight (8) members, if either
303303 5 two (2) or three (3) additional members are appointed under
304304 6 section 2(c) of this chapter.
305305 7 (c) Members of the board may not vote by proxy.
306306 8 SECTION 7. IC 5-28-5-2, AS ADDED BY P.L.4-2005, SECTION
307307 9 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
308308 10 2025]: Sec. 2. (a) Subject to subsection (b), the corporation is granted
309309 11 all powers necessary or appropriate to carry out the corporation's public
310310 12 and corporate purposes under this chapter.
311311 13 (b) Before the corporation may purchase land that in total
312312 14 exceeds one hundred (100) acres in a county, whether acquired in
313313 15 one (1) or a series of transactions, the corporation must first give
314314 16 notice to the county or municipality, or both, in which the land is
315315 17 located not later than thirty (30) days before the closing date for
316316 18 the purchase or purchases.
317317 19 SECTION 8. IC 5-28-6-2, AS AMENDED BY P.L.197-2021,
318318 20 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
319319 21 JULY 1, 2025]: Sec. 2. (a) The corporation shall develop and promote
320320 22 programs designed to make the best use of Indiana resources to ensure
321321 23 a balanced economy and continuing economic growth for Indiana, and,
322322 24 for those purposes, may do the following:
323323 25 (1) Cooperate with federal, state, and local governments and
324324 26 agencies in the coordination of programs to make the best use of
325325 27 Indiana resources, based on a statewide study to determine
326326 28 specific economic sectors that should be emphasized by the state
327327 29 and by local economic development organizations within
328328 30 geographic regions in Indiana, and encourage collaboration with
329329 31 local economic development organizations within geographic
330330 32 regions in Indiana and with the various state economic
331331 33 development organizations within the states contiguous to
332332 34 Indiana.
333333 35 (2) Receive and expend funds, grants, gifts, and contributions of
334334 36 money, property, labor, interest accrued from loans made by the
335335 37 corporation, and other things of value from public and private
336336 38 sources, including grants from agencies and instrumentalities of
337337 39 the state and the federal government. The corporation:
338338 40 (A) may accept federal grants for providing planning
339339 41 assistance, making grants, or providing other services or
340340 42 functions necessary to political subdivisions, planning
341341 2025 IN 251—LS 6850/DI 129 8
342342 1 commissions, or other public or private organizations;
343343 2 (B) shall administer these grants in accordance with the terms
344344 3 of the grants; and
345345 4 (C) may contract with political subdivisions, planning
346346 5 commissions, or other public or private organizations to carry
347347 6 out the purposes for which the grants were made.
348348 7 (3) Direct that assistance, information, and advice regarding the
349349 8 duties and functions of the corporation be given to the corporation
350350 9 by an officer, agent, or employee of the executive branch of the
351351 10 state. The head of any other state department or agency may
352352 11 assign one (1) or more of the department's or agency's employees
353353 12 to the corporation on a temporary basis or may direct a division
354354 13 or an agency under the department's or agency's supervision and
355355 14 control to make a special study or survey requested by the
356356 15 corporation.
357357 16 (b) The corporation shall perform the following duties:
358358 17 (1) Develop and implement industrial development programs to
359359 18 encourage expansion of existing industrial, commercial, and
360360 19 business facilities in Indiana and to encourage new industrial,
361361 20 commercial, and business locations in Indiana.
362362 21 (2) Assist businesses and industries in acquiring, improving, and
363363 22 developing overseas markets and encourage international plant
364364 23 locations in Indiana. The corporation, with the approval of the
365365 24 governor, may establish foreign offices to assist in this function.
366366 25 (3) Promote the growth of minority business enterprises by doing
367367 26 the following:
368368 27 (A) Mobilizing and coordinating the activities, resources, and
369369 28 efforts of governmental and private agencies, businesses, trade
370370 29 associations, institutions, and individuals.
371371 30 (B) Assisting minority businesses in obtaining governmental
372372 31 or commercial financing for expansion or establishment of
373373 32 new businesses or individual development projects.
374374 33 (C) Aiding minority businesses in procuring contracts from
375375 34 governmental or private sources, or both.
376376 35 (D) Providing technical, managerial, and counseling assistance
377377 36 to minority business enterprises.
378378 37 (4) Assist the office of the lieutenant governor in:
379379 38 (A) community economic development planning;
380380 39 (B) implementation of programs designed to further
381381 40 community economic development; and
382382 41 (C) the development and promotion of Indiana's tourist
383383 42 resources.
384384 2025 IN 251—LS 6850/DI 129 9
385385 1 (5) Assist the secretary of agriculture and rural development in
386386 2 promoting and marketing of Indiana's agricultural products and
387387 3 provide assistance to the director of the Indiana state department
388388 4 of agriculture.
389389 5 (6) With the approval of the governor, implement federal
390390 6 programs delegated to the state to carry out the purposes of this
391391 7 article.
392392 8 (7) Promote the growth of small businesses by doing the
393393 9 following:
394394 10 (A) Assisting small businesses in obtaining and preparing the
395395 11 permits required to conduct business in Indiana.
396396 12 (B) Serving as a liaison between small businesses and state
397397 13 agencies.
398398 14 (C) Providing information concerning business assistance
399399 15 programs available through government agencies and private
400400 16 sources.
401401 17 (8) Establish a transparency portal on its current Internet site on
402402 18 the world wide web. The page must provide the following:
403403 19 (A) By program, cumulative information on the total amount
404404 20 of incentives awarded, the total number of companies that
405405 21 received the incentives and were assisted in a year, and the
406406 22 names and addresses of those companies.
407407 23 (B) A mechanism on the page whereby the public may request
408408 24 further information online about specific programs or
409409 25 incentives awarded.
410410 26 (C) A mechanism for the public to receive an electronic
411411 27 response.
412412 28 (D) Access to the following:
413413 29 (i) Any information or report that is required by statute to be
414414 30 included in the economic incentives and compliance report
415415 31 submitted under IC 5-28-28.
416416 32 (ii) Final offer of public financial resources to which the
417417 33 corporation is a party.
418418 34 (iii) Reports that the corporation submitted to the general
419419 35 assembly.
420420 36 (9) Establish a dashboard that is easily accessible from either
421421 37 the corporation's website or the transparency portal (or both)
422422 38 to convey economic development data in an easily
423423 39 understandable manner that deploys charts and graphs. The
424424 40 dashboard must include at least the following information:
425425 41 (A) Longitudinal representations of economic development
426426 42 data derived primarily from the elements that are required
427427 2025 IN 251—LS 6850/DI 129 10
428428 1 under IC 5-28-28-6 to be included in the economic
429429 2 incentives and compliance report.
430430 3 (B) Depictions of:
431431 4 (i) the amount of tax money spent on economic
432432 5 development;
433433 6 (ii) the number of actual jobs created, and the number of
434434 7 jobs expected to be created;
435435 8 (iii) a ratio showing tax money spent per job created;
436436 9 (iv) the distribution by county or region where tax
437437 10 money was spent and jobs were created; and
438438 11 (v) how the corporation spends tax money and generates
439439 12 revenue.
440440 13 (c) The corporation may do the following:
441441 14 (1) Disseminate information concerning the industrial,
442442 15 commercial, governmental, educational, cultural, recreational,
443443 16 agricultural, and other advantages of Indiana.
444444 17 (2) Plan, direct, and conduct research activities.
445445 18 (3) Assist in community economic development planning and the
446446 19 implementation of programs designed to further community
447447 20 economic development.
448448 21 (d) The dashboard required to be established under subsection
449449 22 (b)(9) may also include the following information:
450450 23 (1) A ratio projecting the tax money spent relative to tax
451451 24 revenue generated from the corporation's activities.
452452 25 (2) Average wages of new jobs attracted to Indiana or
453453 26 expected to be attracted to Indiana.
454454 27 SECTION 9. IC 5-28-6-2.5 IS ADDED TO THE INDIANA CODE
455455 28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
456456 29 UPON PASSAGE]: Sec. 2.5. (a) The corporation shall analyze the
457457 30 potential impact of a proposed economic development investment
458458 31 on the costs to provide the following utility services to ratepayers:
459459 32 (1) Water.
460460 33 (2) Wastewater.
461461 34 (3) Electricity.
462462 35 (4) Natural gas.
463463 36 (b) In performing the analysis under subsection (a), the
464464 37 corporation must consider each of the following:
465465 38 (1) The existing utility infrastructure available to serve the
466466 39 project.
467467 40 (2) Any new utility infrastructure needed to serve the project.
468468 41 (3) Water resource availability for the project.
469469 42 (c) For any proposed economic development investment that is
470470 2025 IN 251—LS 6850/DI 129 11
471471 1 projected to negatively impact ratepayers for a utility service listed
472472 2 in subsection (a), the corporation shall develop and implement a
473473 3 mitigation plan to offset the costs of providing any or all of the
474474 4 utility services listed in subsection (a) that are associated with the
475475 5 project.
476476 6 (d) In performing the analysis under subsection (a) and
477477 7 preparing a mitigation plan under subsection (c) (if mitigation is
478478 8 required), the corporation may consult with the following:
479479 9 (1) The Indiana utility regulatory commission.
480480 10 (2) The department of natural resources.
481481 11 (3) Utilities that provide any of the utility services listed in
482482 12 subsection (a) to the ratepayers located in the area of the
483483 13 project.
484484 14 (4) Counties, cities, towns, and other political subdivisions
485485 15 located in the area of the project.
486486 16 (5) Consumer and ratepayer advocates.
487487 17 SECTION 10. An emergency is declared for this act.
488488 2025 IN 251—LS 6850/DI 129