1 | 1 | | |
---|
2 | 2 | | Introduced Version |
---|
3 | 3 | | SENATE BILL No. 251 |
---|
4 | 4 | | _____ |
---|
5 | 5 | | DIGEST OF INTRODUCED BILL |
---|
6 | 6 | | Citations Affected: IC 4-3-28; IC 5-11-1-32; IC 5-28. |
---|
7 | 7 | | Synopsis: Indiana economic development corporation. Provides that |
---|
8 | 8 | | the governor may convene meetings with individuals from certain state |
---|
9 | 9 | | agencies to work toward communicating a single, strategic economic |
---|
10 | 10 | | development plan for the state. Provides that the state board of |
---|
11 | 11 | | accounts shall act as the economic development ombudsman |
---|
12 | 12 | | (ombudsman) for the Indiana economic development corporation |
---|
13 | 13 | | (IEDC) and a nonprofit subsidiary of the IEDC (nonprofit subsidiary). |
---|
14 | 14 | | Requires the state board of accounts to designate an individual to serve |
---|
15 | 15 | | as the ombudsman. Sets forth the ombudsman's duties, including the |
---|
16 | 16 | | recommendation of policies to the general assembly concerning |
---|
17 | 17 | | economic development and transparency matters. Provides that the |
---|
18 | 18 | | ombudsman (subject to the state examiner's approval) may employ or |
---|
19 | 19 | | contract with assistants necessary to assist the ombudsman in carrying |
---|
20 | 20 | | out the ombudsman's duties. Establishes circumstances under which |
---|
21 | 21 | | the ombudsman is required to adopt a budget before the ombudsman's |
---|
22 | 22 | | costs, including the costs of any assistants, in carrying out the |
---|
23 | 23 | | ombudsman's duties are paid from appropriations made to the IEDC |
---|
24 | 24 | | and when the ombudsman may bill the IEDC for those costs without |
---|
25 | 25 | | using the budget procedure added by the bill. Provides for appointment |
---|
26 | 26 | | to the board of the IEDC of two nonvoting, advisory members who are |
---|
27 | 27 | | members of the general assembly. Requires the IEDC, before |
---|
28 | 28 | | purchasing land that exceeds 100 acres in a county, to first give notice |
---|
29 | 29 | | to the county or municipality, or both, in which the land is located not |
---|
30 | 30 | | later than 30 days before the closing date for the purchase. Requires the |
---|
31 | 31 | | IEDC to establish a dashboard that includes longitudinal |
---|
32 | 32 | | representations of certain economic development data derived from |
---|
33 | 33 | | (Continued next page) |
---|
34 | 34 | | Effective: Upon passage; July 1, 2025. |
---|
35 | 35 | | Deery |
---|
36 | 36 | | January 13, 2025, read first time and referred to Committee on Commerce and Technology. |
---|
37 | 37 | | 2025 IN 251—LS 6850/DI 129 Digest Continued |
---|
38 | 38 | | elements required to be included in the economic incentives and |
---|
39 | 39 | | compliance report. Requires the IEDC to analyze the potential impact |
---|
40 | 40 | | of a proposed economic development investment on the costs to |
---|
41 | 41 | | provide the following utility services to ratepayers: (1) Water. (2) |
---|
42 | 42 | | Wastewater. (3) Electricity. (4) Natural gas. Specifies that in |
---|
43 | 43 | | performing the analysis, the IEDC must consider each of the following: |
---|
44 | 44 | | (1) The existing utility infrastructure available to serve the project. (2) |
---|
45 | 45 | | Any new utility infrastructure needed to serve the project. (3) Water |
---|
46 | 46 | | resource availability for the project. Provides that if a proposed |
---|
47 | 47 | | economic development investment is projected to negatively impact |
---|
48 | 48 | | ratepayers, the IEDC is required to develop and implement a mitigation |
---|
49 | 49 | | plan. Allows the IEDC to consult with certain state agencies, utilities |
---|
50 | 50 | | providing utility services to the project area, local units of government, |
---|
51 | 51 | | and consumer and ratepayer advocates in performing the analysis and |
---|
52 | 52 | | mitigation requirements added by the bill. |
---|
53 | 53 | | 2025 IN 251—LS 6850/DI 1292025 IN 251—LS 6850/DI 129 Introduced |
---|
54 | 54 | | First Regular Session of the 124th General Assembly (2025) |
---|
55 | 55 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
---|
56 | 56 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
---|
57 | 57 | | additions will appear in this style type, and deletions will appear in this style type. |
---|
58 | 58 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
---|
59 | 59 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
---|
60 | 60 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
---|
61 | 61 | | a new provision to the Indiana Code or the Indiana Constitution. |
---|
62 | 62 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
---|
63 | 63 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
---|
64 | 64 | | SENATE BILL No. 251 |
---|
65 | 65 | | A BILL FOR AN ACT to amend the Indiana Code concerning state |
---|
66 | 66 | | and local administration. |
---|
67 | 67 | | Be it enacted by the General Assembly of the State of Indiana: |
---|
68 | 68 | | 1 SECTION 1. IC 4-3-28 IS ADDED TO THE INDIANA CODE AS |
---|
69 | 69 | | 2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON |
---|
70 | 70 | | 3 PASSAGE]: |
---|
71 | 71 | | 4 Chapter 28. Strategic Planning |
---|
72 | 72 | | 5 Sec. 1. As used in this chapter, "state agency" means an |
---|
73 | 73 | | 6 authority, board, branch, commission, committee, department, |
---|
74 | 74 | | 7 division, body corporate and politic created by statute, or other |
---|
75 | 75 | | 8 instrumentality of the executive, including the administrative, |
---|
76 | 76 | | 9 department of state government. |
---|
77 | 77 | | 10 Sec. 2. The governor may convene meetings, at the governor's |
---|
78 | 78 | | 11 discretion, with: |
---|
79 | 79 | | 12 (1) the secretary of commerce of the Indiana economic |
---|
80 | 80 | | 13 development corporation; |
---|
81 | 81 | | 14 (2) the commissioner of the Indiana department of |
---|
82 | 82 | | 15 transportation; |
---|
83 | 83 | | 2025 IN 251—LS 6850/DI 129 2 |
---|
84 | 84 | | 1 (3) the chair of the Indiana utility regulatory commission; |
---|
85 | 85 | | 2 (4) the chair of the ports of Indiana; |
---|
86 | 86 | | 3 (5) the public finance director of the Indiana finance |
---|
87 | 87 | | 4 authority; and |
---|
88 | 88 | | 5 (6) any other individual from a state agency who the governor |
---|
89 | 89 | | 6 determines is necessary to participate in a meeting; |
---|
90 | 90 | | 7 to work toward communicating a single, strategic economic |
---|
91 | 91 | | 8 development plan for the state that includes the identification of |
---|
92 | 92 | | 9 state assets that enable organic investment and ensure that the |
---|
93 | 93 | | 10 state's physical infrastructure is prepared for the future needs of |
---|
94 | 94 | | 11 commerce. |
---|
95 | 95 | | 12 SECTION 2. IC 5-11-1-32 IS ADDED TO THE INDIANA CODE |
---|
96 | 96 | | 13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
97 | 97 | | 14 1, 2025]: Sec. 32. (a) The following definitions apply throughout |
---|
98 | 98 | | 15 this section: |
---|
99 | 99 | | 16 (1) "Corporation" refers to the Indiana economic |
---|
100 | 100 | | 17 development corporation established by IC 5-28-3-1. |
---|
101 | 101 | | 18 (2) "Nonprofit subsidiary" refers to a nonprofit subsidiary |
---|
102 | 102 | | 19 corporation established under IC 5-28-5-13. |
---|
103 | 103 | | 20 (3) "Ombudsman" means the individual designated as the |
---|
104 | 104 | | 21 economic development ombudsman under subsection (b) for |
---|
105 | 105 | | 22 the corporation and a nonprofit subsidiary. |
---|
106 | 106 | | 23 (b) The state board of accounts shall act as the economic |
---|
107 | 107 | | 24 development ombudsman for the corporation and a nonprofit |
---|
108 | 108 | | 25 subsidiary. To carry out the duties set forth in this section, the state |
---|
109 | 109 | | 26 board of accounts shall designate an individual to serve as the |
---|
110 | 110 | | 27 economic development ombudsman. The individual selected under |
---|
111 | 111 | | 28 this subsection serves at the pleasure of the state board of accounts. |
---|
112 | 112 | | 29 (c) The ombudsman shall carry out the following duties: |
---|
113 | 113 | | 30 (1) Assist the state board of accounts with respect to: |
---|
114 | 114 | | 31 (A) an examination of the corporation or a nonprofit |
---|
115 | 115 | | 32 subsidiary; or |
---|
116 | 116 | | 33 (B) a review of the examination of the corporation or a |
---|
117 | 117 | | 34 nonprofit subsidiary conducted by a private examiner as |
---|
118 | 118 | | 35 described in section 9 of this chapter. |
---|
119 | 119 | | 36 (2) Conduct investigations related to fraud, waste, abuse, |
---|
120 | 120 | | 37 mismanagement, and misconduct in the corporation or |
---|
121 | 121 | | 38 nonprofit subsidiary. |
---|
122 | 122 | | 39 (3) Conduct performance audits of programs of the |
---|
123 | 123 | | 40 corporation or nonprofit subsidiary. |
---|
124 | 124 | | 41 (4) Consult with outside management and economic |
---|
125 | 125 | | 42 development experts to aid the ombudsman in carrying out |
---|
126 | 126 | | 2025 IN 251—LS 6850/DI 129 3 |
---|
127 | 127 | | 1 the duties under this section. |
---|
128 | 128 | | 2 (5) Recommend policies to the general assembly that would do |
---|
129 | 129 | | 3 any of the following: |
---|
130 | 130 | | 4 (A) Increase public trust of the corporation's management |
---|
131 | 131 | | 5 and spending of taxpayer resources. |
---|
132 | 132 | | 6 (B) Increase the transparency of the corporation's |
---|
133 | 133 | | 7 activities without sacrificing the corporation's economic |
---|
134 | 134 | | 8 development mission as set forth in IC 5-28-1-1. |
---|
135 | 135 | | 9 (C) Promote economic development in all parts of Indiana, |
---|
136 | 136 | | 10 especially rural communities. |
---|
137 | 137 | | 11 (D) Increase the opportunities for coordination and |
---|
138 | 138 | | 12 collaboration with local communities throughout Indiana. |
---|
139 | 139 | | 13 Any policy recommendations under this subdivision must be |
---|
140 | 140 | | 14 made to the general assembly in an electronic format under |
---|
141 | 141 | | 15 IC 5-14-6. |
---|
142 | 142 | | 16 (6) Attend board meetings of the corporation and have access |
---|
143 | 143 | | 17 to all board materials. |
---|
144 | 144 | | 18 (d) This subsection applies if the ombudsman's budget is not |
---|
145 | 145 | | 19 more than ninety-nine thousand dollars ($99,000). The ombudsman |
---|
146 | 146 | | 20 shall bill the corporation for the costs incurred in carrying out the |
---|
147 | 147 | | 21 duties under this section, and the costs, including the costs of any |
---|
148 | 148 | | 22 assistants under subsection (f), shall be paid from appropriations |
---|
149 | 149 | | 23 made to the corporation. |
---|
150 | 150 | | 24 (e) This subsection applies if the ombudsman's budget is more |
---|
151 | 151 | | 25 than ninety-nine thousand dollars ($99,000). The ombudsman must |
---|
152 | 152 | | 26 prepare a budget and provide the proposed budget to the state |
---|
153 | 153 | | 27 examiner and the corporation. The state examiner and the |
---|
154 | 154 | | 28 corporation must provide written comments on the ombudsman's |
---|
155 | 155 | | 29 proposed budget not later than fourteen (14) days after the date the |
---|
156 | 156 | | 30 proposed budget is received. After the corporation and the state |
---|
157 | 157 | | 31 examiner have provided written comments on the ombudsman's |
---|
158 | 158 | | 32 proposed budget, the ombudsman shall provide the proposed |
---|
159 | 159 | | 33 budget to the budget agency for review and approval. The budget |
---|
160 | 160 | | 34 agency may: |
---|
161 | 161 | | 35 (1) approve; |
---|
162 | 162 | | 36 (2) approve with modifications; or |
---|
163 | 163 | | 37 (3) deny; |
---|
164 | 164 | | 38 the ombudsman's proposed budget. If the budget agency denies the |
---|
165 | 165 | | 39 ombudsman's proposed budget, the ombudsman may prepare |
---|
166 | 166 | | 40 another proposed budget and resubmit that budget in accordance |
---|
167 | 167 | | 41 with the procedures set forth in this subsection. The costs incurred |
---|
168 | 168 | | 42 by the ombudsman, including the costs of any assistants under |
---|
169 | 169 | | 2025 IN 251—LS 6850/DI 129 4 |
---|
170 | 170 | | 1 subsection (f), in carrying out the duties under this section shall be |
---|
171 | 171 | | 2 paid from appropriations made to the corporation in accordance |
---|
172 | 172 | | 3 with the budget approved under this subsection. |
---|
173 | 173 | | 4 (f) Subject to the approval of the state examiner, the |
---|
174 | 174 | | 5 ombudsman may employ or contract with assistants that are |
---|
175 | 175 | | 6 necessary to assist the ombudsman in carrying out the duties under |
---|
176 | 176 | | 7 this section and that meet the requirements applicable to the: |
---|
177 | 177 | | 8 (1) appointment of a field examiner under section 8 of this |
---|
178 | 178 | | 9 chapter; or |
---|
179 | 179 | | 10 (2) engagement of a private examiner under section 24 of this |
---|
180 | 180 | | 11 chapter. |
---|
181 | 181 | | 12 (g) The corporation and a nonprofit subsidiary shall cooperate |
---|
182 | 182 | | 13 with the ombudsman to carry out the purpose of this section. |
---|
183 | 183 | | 14 (h) In carrying out any of the duties under this section, the |
---|
184 | 184 | | 15 ombudsman has the same rights, powers, duties, and obligations as |
---|
185 | 185 | | 16 the state examiner, deputy examiner, field examiner, or private |
---|
186 | 186 | | 17 examiner when engaged in making any examination or when |
---|
187 | 187 | | 18 engaged in any official duty delegated to that examiner by the state |
---|
188 | 188 | | 19 examiner. |
---|
189 | 189 | | 20 (i) This section does not confer authority on the state board of |
---|
190 | 190 | | 21 accounts or the ombudsman to publicly release information where |
---|
191 | 191 | | 22 public release of that information is prohibited, restricted, or |
---|
192 | 192 | | 23 otherwise limited by any one (1) of the following: |
---|
193 | 193 | | 24 (1) A contractual provision governing: |
---|
194 | 194 | | 25 (A) access to; or |
---|
195 | 195 | | 26 (B) public disclosure or release of; |
---|
196 | 196 | | 27 information. |
---|
197 | 197 | | 28 (2) IC 5-14-1.5 (open door law). |
---|
198 | 198 | | 29 (3) IC 5-14-3 (access to public records). |
---|
199 | 199 | | 30 (4) IC 24-2-3 (Uniform Trade Secrets Act). |
---|
200 | 200 | | 31 (5) Another law that prohibits, restricts, or limits public |
---|
201 | 201 | | 32 access to the information. |
---|
202 | 202 | | 33 SECTION 3. IC 5-28-4-2, AS AMENDED BY P.L.237-2017, |
---|
203 | 203 | | 34 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
204 | 204 | | 35 JULY 1, 2025]: Sec. 2. (a) The board is composed of the following |
---|
205 | 205 | | 36 members: none of whom may be members of the general assembly: |
---|
206 | 206 | | 37 (1) The governor. |
---|
207 | 207 | | 38 (2) Eleven (11) individuals appointed by the governor. |
---|
208 | 208 | | 39 (3) The members (if any) appointed by the governor under |
---|
209 | 209 | | 40 subsection (c). |
---|
210 | 210 | | 41 (4) Two (2) nonvoting, advisory members who are members |
---|
211 | 211 | | 42 of the general assembly appointed under subsection (d). |
---|
212 | 212 | | 2025 IN 251—LS 6850/DI 129 5 |
---|
213 | 213 | | 1 The individuals appointed under subdivision (2) and the individuals |
---|
214 | 214 | | 2 appointed under subsection (c) must be employed in or retired from the |
---|
215 | 215 | | 3 private or nonprofit sector or academia and may not be members of |
---|
216 | 216 | | 4 the general assembly. |
---|
217 | 217 | | 5 (b) When making appointments under subsection (a)(2), the |
---|
218 | 218 | | 6 governor shall appoint the following: |
---|
219 | 219 | | 7 (1) At least five (5) members belonging to the same political party |
---|
220 | 220 | | 8 as the governor. |
---|
221 | 221 | | 9 (2) At least three (3) members who belong to a major political |
---|
222 | 222 | | 10 party (as defined in IC 3-5-2-30) other than the party of which the |
---|
223 | 223 | | 11 governor is a member. |
---|
224 | 224 | | 12 (c) In addition to the members appointed under subsection (a)(2), |
---|
225 | 225 | | 13 the governor may appoint not more than three (3) additional members |
---|
226 | 226 | | 14 to the board. If the governor appoints more than one (1) additional |
---|
227 | 227 | | 15 member to the board under this subsection, at least one (1) of the |
---|
228 | 228 | | 16 additional members must belong to a major political party (as defined |
---|
229 | 229 | | 17 in IC 3-5-2-30) other than the party of which the governor is a member. |
---|
230 | 230 | | 18 (d) The members described in subsection (a)(4) are appointed as |
---|
231 | 231 | | 19 follows: |
---|
232 | 232 | | 20 (1) The speaker of the house of representatives shall appoint |
---|
233 | 233 | | 21 one (1) individual who is a member of the house of |
---|
234 | 234 | | 22 representatives. |
---|
235 | 235 | | 23 (2) The president pro tempore of the senate shall appoint one |
---|
236 | 236 | | 24 (1) individual who is a member of the senate. |
---|
237 | 237 | | 25 (e) The following apply to the members appointed under |
---|
238 | 238 | | 26 subsection (d): |
---|
239 | 239 | | 27 (1) A member appointed under subsection (d): |
---|
240 | 240 | | 28 (A) serves at the pleasure of the member's appointing |
---|
241 | 241 | | 29 authority; and |
---|
242 | 242 | | 30 (B) may be reappointed to successive terms. |
---|
243 | 243 | | 31 (2) A vacancy in an appointment under subsection (d)(1) shall |
---|
244 | 244 | | 32 be filled by the speaker of the house of representatives. |
---|
245 | 245 | | 33 (3) A vacancy in an appointment under subsection (d)(2) shall |
---|
246 | 246 | | 34 be filled by the president pro tempore of the senate. |
---|
247 | 247 | | 35 (4) An individual appointed to fill a vacancy in an |
---|
248 | 248 | | 36 appointment under subsection (d) serves for the unexpired |
---|
249 | 249 | | 37 term of the individual's predecessor. |
---|
250 | 250 | | 38 SECTION 4. IC 5-28-4-3, AS AMENDED BY P.L.237-2017, |
---|
251 | 251 | | 39 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
252 | 252 | | 40 JULY 1, 2025]: Sec. 3. (a) Except as provided in subsection (d), the |
---|
253 | 253 | | 41 term of office of an appointed member of the board is four (4) years. |
---|
254 | 254 | | 42 (b) Each member appointed under section 2(a)(2) or 2(c) of this |
---|
255 | 255 | | 2025 IN 251—LS 6850/DI 129 6 |
---|
256 | 256 | | 1 chapter holds office for the term of appointment and continues to serve |
---|
257 | 257 | | 2 after expiration of the appointment until a successor is appointed and |
---|
258 | 258 | | 3 qualified. A member is eligible for reappointment. |
---|
259 | 259 | | 4 (c) Members of the board appointed under section 2(a)(2) or 2(c) of |
---|
260 | 260 | | 5 this chapter serve at the pleasure of the governor. |
---|
261 | 261 | | 6 (d) This subsection applies to a member of the board appointed |
---|
262 | 262 | | 7 under section 2(d) of this chapter. The term of a member is two (2) |
---|
263 | 263 | | 8 years and expires June 30 of the odd-numbered year. |
---|
264 | 264 | | 9 SECTION 5. IC 5-28-4-5, AS ADDED BY P.L.4-2005, SECTION |
---|
265 | 265 | | 10 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, |
---|
266 | 266 | | 11 2025]: Sec. 5. (a) The members of the board who are not members of |
---|
267 | 267 | | 12 the general assembly: |
---|
268 | 268 | | 13 (1) are entitled to a salary per diem for attending meetings equal |
---|
269 | 269 | | 14 to the per diem provided by law for members of the general |
---|
270 | 270 | | 15 assembly; The members of the board and |
---|
271 | 271 | | 16 (2) are also entitled to receive reimbursement for traveling |
---|
272 | 272 | | 17 expenses as provided under IC 4-13-1-4 and other expenses |
---|
273 | 273 | | 18 actually incurred in connection with the members' duties as |
---|
274 | 274 | | 19 approved by the budget agency. |
---|
275 | 275 | | 20 (b) Each member of the board who is a member of the general |
---|
276 | 276 | | 21 assembly is entitled to receive the same per diem, mileage, and |
---|
277 | 277 | | 22 travel allowances paid to legislative members of interim study |
---|
278 | 278 | | 23 committees established by the legislative council. Per diem, |
---|
279 | 279 | | 24 mileage, and travel allowances paid under this subsection shall be |
---|
280 | 280 | | 25 paid from appropriations made to the legislative council or the |
---|
281 | 281 | | 26 legislative services agency. |
---|
282 | 282 | | 27 SECTION 6. IC 5-28-4-6, AS AMENDED BY P.L.237-2017, |
---|
283 | 283 | | 28 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
284 | 284 | | 29 JULY 1, 2025]: Sec. 6. (a) The following constitutes a quorum for the |
---|
285 | 285 | | 30 transaction of business by the board of the corporation: |
---|
286 | 286 | | 31 (1) Seven (7) voting members of the board, if: |
---|
287 | 287 | | 32 (A) no additional members are appointed under section 2(c) of |
---|
288 | 288 | | 33 this chapter; or |
---|
289 | 289 | | 34 (B) one (1) additional member is appointed under section 2(c) |
---|
290 | 290 | | 35 of this chapter. |
---|
291 | 291 | | 36 (2) Eight (8) voting members of the board, if either two (2) or |
---|
292 | 292 | | 37 three (3) additional members are appointed under section 2(c) of |
---|
293 | 293 | | 38 this chapter. |
---|
294 | 294 | | 39 (b) The following number of affirmative votes is necessary for |
---|
295 | 295 | | 40 action to be taken by the board: |
---|
296 | 296 | | 41 (1) The affirmative vote of at least seven (7) members, if: |
---|
297 | 297 | | 42 (A) no additional members are appointed under section 2(c) of |
---|
298 | 298 | | 2025 IN 251—LS 6850/DI 129 7 |
---|
299 | 299 | | 1 this chapter; or |
---|
300 | 300 | | 2 (B) one (1) additional member is appointed under section 2(c) |
---|
301 | 301 | | 3 of this chapter. |
---|
302 | 302 | | 4 (2) The affirmative vote of at least eight (8) members, if either |
---|
303 | 303 | | 5 two (2) or three (3) additional members are appointed under |
---|
304 | 304 | | 6 section 2(c) of this chapter. |
---|
305 | 305 | | 7 (c) Members of the board may not vote by proxy. |
---|
306 | 306 | | 8 SECTION 7. IC 5-28-5-2, AS ADDED BY P.L.4-2005, SECTION |
---|
307 | 307 | | 9 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, |
---|
308 | 308 | | 10 2025]: Sec. 2. (a) Subject to subsection (b), the corporation is granted |
---|
309 | 309 | | 11 all powers necessary or appropriate to carry out the corporation's public |
---|
310 | 310 | | 12 and corporate purposes under this chapter. |
---|
311 | 311 | | 13 (b) Before the corporation may purchase land that in total |
---|
312 | 312 | | 14 exceeds one hundred (100) acres in a county, whether acquired in |
---|
313 | 313 | | 15 one (1) or a series of transactions, the corporation must first give |
---|
314 | 314 | | 16 notice to the county or municipality, or both, in which the land is |
---|
315 | 315 | | 17 located not later than thirty (30) days before the closing date for |
---|
316 | 316 | | 18 the purchase or purchases. |
---|
317 | 317 | | 19 SECTION 8. IC 5-28-6-2, AS AMENDED BY P.L.197-2021, |
---|
318 | 318 | | 20 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
319 | 319 | | 21 JULY 1, 2025]: Sec. 2. (a) The corporation shall develop and promote |
---|
320 | 320 | | 22 programs designed to make the best use of Indiana resources to ensure |
---|
321 | 321 | | 23 a balanced economy and continuing economic growth for Indiana, and, |
---|
322 | 322 | | 24 for those purposes, may do the following: |
---|
323 | 323 | | 25 (1) Cooperate with federal, state, and local governments and |
---|
324 | 324 | | 26 agencies in the coordination of programs to make the best use of |
---|
325 | 325 | | 27 Indiana resources, based on a statewide study to determine |
---|
326 | 326 | | 28 specific economic sectors that should be emphasized by the state |
---|
327 | 327 | | 29 and by local economic development organizations within |
---|
328 | 328 | | 30 geographic regions in Indiana, and encourage collaboration with |
---|
329 | 329 | | 31 local economic development organizations within geographic |
---|
330 | 330 | | 32 regions in Indiana and with the various state economic |
---|
331 | 331 | | 33 development organizations within the states contiguous to |
---|
332 | 332 | | 34 Indiana. |
---|
333 | 333 | | 35 (2) Receive and expend funds, grants, gifts, and contributions of |
---|
334 | 334 | | 36 money, property, labor, interest accrued from loans made by the |
---|
335 | 335 | | 37 corporation, and other things of value from public and private |
---|
336 | 336 | | 38 sources, including grants from agencies and instrumentalities of |
---|
337 | 337 | | 39 the state and the federal government. The corporation: |
---|
338 | 338 | | 40 (A) may accept federal grants for providing planning |
---|
339 | 339 | | 41 assistance, making grants, or providing other services or |
---|
340 | 340 | | 42 functions necessary to political subdivisions, planning |
---|
341 | 341 | | 2025 IN 251—LS 6850/DI 129 8 |
---|
342 | 342 | | 1 commissions, or other public or private organizations; |
---|
343 | 343 | | 2 (B) shall administer these grants in accordance with the terms |
---|
344 | 344 | | 3 of the grants; and |
---|
345 | 345 | | 4 (C) may contract with political subdivisions, planning |
---|
346 | 346 | | 5 commissions, or other public or private organizations to carry |
---|
347 | 347 | | 6 out the purposes for which the grants were made. |
---|
348 | 348 | | 7 (3) Direct that assistance, information, and advice regarding the |
---|
349 | 349 | | 8 duties and functions of the corporation be given to the corporation |
---|
350 | 350 | | 9 by an officer, agent, or employee of the executive branch of the |
---|
351 | 351 | | 10 state. The head of any other state department or agency may |
---|
352 | 352 | | 11 assign one (1) or more of the department's or agency's employees |
---|
353 | 353 | | 12 to the corporation on a temporary basis or may direct a division |
---|
354 | 354 | | 13 or an agency under the department's or agency's supervision and |
---|
355 | 355 | | 14 control to make a special study or survey requested by the |
---|
356 | 356 | | 15 corporation. |
---|
357 | 357 | | 16 (b) The corporation shall perform the following duties: |
---|
358 | 358 | | 17 (1) Develop and implement industrial development programs to |
---|
359 | 359 | | 18 encourage expansion of existing industrial, commercial, and |
---|
360 | 360 | | 19 business facilities in Indiana and to encourage new industrial, |
---|
361 | 361 | | 20 commercial, and business locations in Indiana. |
---|
362 | 362 | | 21 (2) Assist businesses and industries in acquiring, improving, and |
---|
363 | 363 | | 22 developing overseas markets and encourage international plant |
---|
364 | 364 | | 23 locations in Indiana. The corporation, with the approval of the |
---|
365 | 365 | | 24 governor, may establish foreign offices to assist in this function. |
---|
366 | 366 | | 25 (3) Promote the growth of minority business enterprises by doing |
---|
367 | 367 | | 26 the following: |
---|
368 | 368 | | 27 (A) Mobilizing and coordinating the activities, resources, and |
---|
369 | 369 | | 28 efforts of governmental and private agencies, businesses, trade |
---|
370 | 370 | | 29 associations, institutions, and individuals. |
---|
371 | 371 | | 30 (B) Assisting minority businesses in obtaining governmental |
---|
372 | 372 | | 31 or commercial financing for expansion or establishment of |
---|
373 | 373 | | 32 new businesses or individual development projects. |
---|
374 | 374 | | 33 (C) Aiding minority businesses in procuring contracts from |
---|
375 | 375 | | 34 governmental or private sources, or both. |
---|
376 | 376 | | 35 (D) Providing technical, managerial, and counseling assistance |
---|
377 | 377 | | 36 to minority business enterprises. |
---|
378 | 378 | | 37 (4) Assist the office of the lieutenant governor in: |
---|
379 | 379 | | 38 (A) community economic development planning; |
---|
380 | 380 | | 39 (B) implementation of programs designed to further |
---|
381 | 381 | | 40 community economic development; and |
---|
382 | 382 | | 41 (C) the development and promotion of Indiana's tourist |
---|
383 | 383 | | 42 resources. |
---|
384 | 384 | | 2025 IN 251—LS 6850/DI 129 9 |
---|
385 | 385 | | 1 (5) Assist the secretary of agriculture and rural development in |
---|
386 | 386 | | 2 promoting and marketing of Indiana's agricultural products and |
---|
387 | 387 | | 3 provide assistance to the director of the Indiana state department |
---|
388 | 388 | | 4 of agriculture. |
---|
389 | 389 | | 5 (6) With the approval of the governor, implement federal |
---|
390 | 390 | | 6 programs delegated to the state to carry out the purposes of this |
---|
391 | 391 | | 7 article. |
---|
392 | 392 | | 8 (7) Promote the growth of small businesses by doing the |
---|
393 | 393 | | 9 following: |
---|
394 | 394 | | 10 (A) Assisting small businesses in obtaining and preparing the |
---|
395 | 395 | | 11 permits required to conduct business in Indiana. |
---|
396 | 396 | | 12 (B) Serving as a liaison between small businesses and state |
---|
397 | 397 | | 13 agencies. |
---|
398 | 398 | | 14 (C) Providing information concerning business assistance |
---|
399 | 399 | | 15 programs available through government agencies and private |
---|
400 | 400 | | 16 sources. |
---|
401 | 401 | | 17 (8) Establish a transparency portal on its current Internet site on |
---|
402 | 402 | | 18 the world wide web. The page must provide the following: |
---|
403 | 403 | | 19 (A) By program, cumulative information on the total amount |
---|
404 | 404 | | 20 of incentives awarded, the total number of companies that |
---|
405 | 405 | | 21 received the incentives and were assisted in a year, and the |
---|
406 | 406 | | 22 names and addresses of those companies. |
---|
407 | 407 | | 23 (B) A mechanism on the page whereby the public may request |
---|
408 | 408 | | 24 further information online about specific programs or |
---|
409 | 409 | | 25 incentives awarded. |
---|
410 | 410 | | 26 (C) A mechanism for the public to receive an electronic |
---|
411 | 411 | | 27 response. |
---|
412 | 412 | | 28 (D) Access to the following: |
---|
413 | 413 | | 29 (i) Any information or report that is required by statute to be |
---|
414 | 414 | | 30 included in the economic incentives and compliance report |
---|
415 | 415 | | 31 submitted under IC 5-28-28. |
---|
416 | 416 | | 32 (ii) Final offer of public financial resources to which the |
---|
417 | 417 | | 33 corporation is a party. |
---|
418 | 418 | | 34 (iii) Reports that the corporation submitted to the general |
---|
419 | 419 | | 35 assembly. |
---|
420 | 420 | | 36 (9) Establish a dashboard that is easily accessible from either |
---|
421 | 421 | | 37 the corporation's website or the transparency portal (or both) |
---|
422 | 422 | | 38 to convey economic development data in an easily |
---|
423 | 423 | | 39 understandable manner that deploys charts and graphs. The |
---|
424 | 424 | | 40 dashboard must include at least the following information: |
---|
425 | 425 | | 41 (A) Longitudinal representations of economic development |
---|
426 | 426 | | 42 data derived primarily from the elements that are required |
---|
427 | 427 | | 2025 IN 251—LS 6850/DI 129 10 |
---|
428 | 428 | | 1 under IC 5-28-28-6 to be included in the economic |
---|
429 | 429 | | 2 incentives and compliance report. |
---|
430 | 430 | | 3 (B) Depictions of: |
---|
431 | 431 | | 4 (i) the amount of tax money spent on economic |
---|
432 | 432 | | 5 development; |
---|
433 | 433 | | 6 (ii) the number of actual jobs created, and the number of |
---|
434 | 434 | | 7 jobs expected to be created; |
---|
435 | 435 | | 8 (iii) a ratio showing tax money spent per job created; |
---|
436 | 436 | | 9 (iv) the distribution by county or region where tax |
---|
437 | 437 | | 10 money was spent and jobs were created; and |
---|
438 | 438 | | 11 (v) how the corporation spends tax money and generates |
---|
439 | 439 | | 12 revenue. |
---|
440 | 440 | | 13 (c) The corporation may do the following: |
---|
441 | 441 | | 14 (1) Disseminate information concerning the industrial, |
---|
442 | 442 | | 15 commercial, governmental, educational, cultural, recreational, |
---|
443 | 443 | | 16 agricultural, and other advantages of Indiana. |
---|
444 | 444 | | 17 (2) Plan, direct, and conduct research activities. |
---|
445 | 445 | | 18 (3) Assist in community economic development planning and the |
---|
446 | 446 | | 19 implementation of programs designed to further community |
---|
447 | 447 | | 20 economic development. |
---|
448 | 448 | | 21 (d) The dashboard required to be established under subsection |
---|
449 | 449 | | 22 (b)(9) may also include the following information: |
---|
450 | 450 | | 23 (1) A ratio projecting the tax money spent relative to tax |
---|
451 | 451 | | 24 revenue generated from the corporation's activities. |
---|
452 | 452 | | 25 (2) Average wages of new jobs attracted to Indiana or |
---|
453 | 453 | | 26 expected to be attracted to Indiana. |
---|
454 | 454 | | 27 SECTION 9. IC 5-28-6-2.5 IS ADDED TO THE INDIANA CODE |
---|
455 | 455 | | 28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
---|
456 | 456 | | 29 UPON PASSAGE]: Sec. 2.5. (a) The corporation shall analyze the |
---|
457 | 457 | | 30 potential impact of a proposed economic development investment |
---|
458 | 458 | | 31 on the costs to provide the following utility services to ratepayers: |
---|
459 | 459 | | 32 (1) Water. |
---|
460 | 460 | | 33 (2) Wastewater. |
---|
461 | 461 | | 34 (3) Electricity. |
---|
462 | 462 | | 35 (4) Natural gas. |
---|
463 | 463 | | 36 (b) In performing the analysis under subsection (a), the |
---|
464 | 464 | | 37 corporation must consider each of the following: |
---|
465 | 465 | | 38 (1) The existing utility infrastructure available to serve the |
---|
466 | 466 | | 39 project. |
---|
467 | 467 | | 40 (2) Any new utility infrastructure needed to serve the project. |
---|
468 | 468 | | 41 (3) Water resource availability for the project. |
---|
469 | 469 | | 42 (c) For any proposed economic development investment that is |
---|
470 | 470 | | 2025 IN 251—LS 6850/DI 129 11 |
---|
471 | 471 | | 1 projected to negatively impact ratepayers for a utility service listed |
---|
472 | 472 | | 2 in subsection (a), the corporation shall develop and implement a |
---|
473 | 473 | | 3 mitigation plan to offset the costs of providing any or all of the |
---|
474 | 474 | | 4 utility services listed in subsection (a) that are associated with the |
---|
475 | 475 | | 5 project. |
---|
476 | 476 | | 6 (d) In performing the analysis under subsection (a) and |
---|
477 | 477 | | 7 preparing a mitigation plan under subsection (c) (if mitigation is |
---|
478 | 478 | | 8 required), the corporation may consult with the following: |
---|
479 | 479 | | 9 (1) The Indiana utility regulatory commission. |
---|
480 | 480 | | 10 (2) The department of natural resources. |
---|
481 | 481 | | 11 (3) Utilities that provide any of the utility services listed in |
---|
482 | 482 | | 12 subsection (a) to the ratepayers located in the area of the |
---|
483 | 483 | | 13 project. |
---|
484 | 484 | | 14 (4) Counties, cities, towns, and other political subdivisions |
---|
485 | 485 | | 15 located in the area of the project. |
---|
486 | 486 | | 16 (5) Consumer and ratepayer advocates. |
---|
487 | 487 | | 17 SECTION 10. An emergency is declared for this act. |
---|
488 | 488 | | 2025 IN 251—LS 6850/DI 129 |
---|