6 | 6 | | Citations Affected: IC 5-1.2. |
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7 | 7 | | Synopsis: Environmental waste inventory and grant program. Allows |
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8 | 8 | | the Indiana brownfields fund to be used to pay for: (1) studies |
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9 | 9 | | conducted under the Indiana brownfields program; and (2) the creation |
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10 | 10 | | of an inventory of brownfields in Indiana (inventory). Authorizes the |
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11 | 11 | | Indiana finance authority (authority) to create and maintain the |
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12 | 12 | | inventory. Authorizes the authority to: (1) contract with one or more |
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13 | 13 | | state supported colleges or universities for assistance in creating and |
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14 | 14 | | maintaining the inventory; and (2) pay costs arising from the creation |
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15 | 15 | | and maintenance of the inventory with funds appropriated to the |
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16 | 16 | | Indiana brownfields fund. Provides that, if the inventory is created, the |
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17 | 17 | | authority shall report the contents of the inventory to the interim study |
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26 | 25 | | First Regular Session of the 124th General Assembly (2025) |
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27 | 26 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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28 | 27 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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29 | 28 | | additions will appear in this style type, and deletions will appear in this style type. |
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30 | 29 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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31 | 30 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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32 | 31 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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33 | 32 | | a new provision to the Indiana Code or the Indiana Constitution. |
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34 | 33 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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35 | 34 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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36 | 35 | | SENATE BILL No. 307 |
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37 | 36 | | A BILL FOR AN ACT to amend the Indiana Code concerning state |
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38 | 37 | | and local administration. |
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39 | 38 | | Be it enacted by the General Assembly of the State of Indiana: |
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40 | 39 | | 1 SECTION 1. IC 5-1.2-2-6.5 IS ADDED TO THE INDIANA CODE |
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41 | 40 | | 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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42 | 41 | | 3 1, 2025]: Sec. 6.5. "Brownfield", for purposes of IC 5-1.2-12, has |
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43 | 42 | | 4 the meaning set forth in IC 13-11-2-19.3. |
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44 | 43 | | 5 SECTION 2. IC 5-1.2-2-37.4 IS ADDED TO THE INDIANA |
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45 | 44 | | 6 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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46 | 45 | | 7 [EFFECTIVE JULY 1, 2025]: Sec. 37.4. "Inventory", for purposes |
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47 | 46 | | 8 of IC 5-1.2-12, refers to the inventory of brownfields located in |
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48 | 47 | | 9 Indiana which the authority is authorized to create and maintain |
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49 | 48 | | 10 under IC 5-1.2-12-14. |
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50 | 49 | | 11 SECTION 3. IC 5-1.2-12-3, AS AMENDED BY P.L.176-2023, |
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51 | 50 | | 12 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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52 | 51 | | 13 JULY 1, 2025]: Sec. 3. (a) The Indiana brownfields fund is established |
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53 | 52 | | 14 to provide money for: |
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54 | 53 | | 15 (1) grants, loans, and other financial assistance provided to or for |
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55 | 54 | | 16 the benefit of political subdivisions; |
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56 | 55 | | 17 (2) studies conducted on brownfields located in Indiana; or |
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58 | 57 | | 1 (3) the creation of an inventory; |
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59 | 58 | | 2 under this chapter. The authority shall administer, hold, and manage |
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60 | 59 | | 3 the Indiana brownfields fund. |
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61 | 60 | | 4 (b) Money in the fund at the end of a state fiscal year does not revert |
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62 | 61 | | 5 to the state general fund. |
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63 | 62 | | 6 (c) Expenses of administering the Indiana brownfields fund shall be |
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64 | 63 | | 7 paid from money in the Indiana brownfields fund. |
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65 | 64 | | 8 (d) The Indiana brownfields fund consists of the following: |
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66 | 65 | | 9 (1) Appropriations made by the general assembly. |
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67 | 66 | | 10 (2) Grants and gifts intended for deposit in the Indiana |
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68 | 67 | | 11 brownfields fund. |
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69 | 68 | | 12 (3) Repayments of loans and other financial assistance from the |
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70 | 69 | | 13 Indiana brownfields fund, including premiums, interest, and |
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71 | 70 | | 14 penalties. |
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72 | 71 | | 15 (4) Proceeds from the sale of loans and other financial assistance |
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73 | 72 | | 16 under section 8 of this chapter. |
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74 | 73 | | 17 (5) Interest, premiums, gains, or other earnings on the Indiana |
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75 | 74 | | 18 brownfields fund. |
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76 | 75 | | 19 (6) Money transferred from the hazardous substances response |
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77 | 76 | | 20 trust fund under IC 13-25-4-1(a)(9). |
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78 | 77 | | 21 (7) Fees collected under section 6 of this chapter. |
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79 | 78 | | 22 (8) Money transferred from the petroleum storage tank excess |
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80 | 79 | | 23 liability trust fund under IC 13-23-7 for the purpose of |
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81 | 80 | | 24 environmental assessment and remediation on a property |
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82 | 81 | | 25 containing at least one (1) underground storage tank or |
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83 | 82 | | 26 aboveground storage tank. |
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84 | 83 | | 27 (9) Money transferred from the petroleum trust fund under |
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85 | 84 | | 28 IC 13-23-12-4(1) for the purpose of corrective actions that |
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86 | 85 | | 29 involve releases of regulated substances from underground |
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87 | 86 | | 30 storage tanks or aboveground storage tanks and are ineligible to |
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88 | 87 | | 31 receive funds from the petroleum storage tank excess liability |
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89 | 88 | | 32 trust fund under IC 13-23-7. |
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90 | 89 | | 33 (e) The authority shall invest the money in the Indiana brownfields |
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91 | 90 | | 34 fund not currently needed to meet the obligations of the Indiana |
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92 | 91 | | 35 brownfields fund in accordance with an investment policy adopted by |
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93 | 92 | | 36 the authority. Interest, premiums, gains, or other earnings from the |
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94 | 93 | | 37 investments shall be credited to and deposited in the Indiana |
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95 | 94 | | 38 brownfields fund. |
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96 | 95 | | 39 (f) As an alternative to subsection (e), the authority may invest or |
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97 | 96 | | 40 cause to be invested all or a part of the Indiana brownfields fund in a |
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98 | 97 | | 41 fiduciary account or accounts with a trustee that is a financial |
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99 | 98 | | 42 institution. Notwithstanding any other law, any investment may be |
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101 | 100 | | 1 made by the trustee in accordance with one (1) or more trust |
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102 | 101 | | 2 agreements or indentures. A trust agreement or indenture may allow |
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103 | 102 | | 3 disbursements by the trustee to the authority, a participant, or any other |
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104 | 103 | | 4 person as provided in the trust agreement or indenture. |
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105 | 104 | | 5 SECTION 4. IC 5-1.2-12-14 IS ADDED TO THE INDIANA CODE |
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106 | 105 | | 6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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107 | 106 | | 7 1, 2025]: Sec. 14. (a) The authority may create and maintain an |
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108 | 107 | | 8 inventory of brownfields located in Indiana. If created under this |
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109 | 108 | | 9 section, the inventory must include all properties in Indiana that |
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110 | 109 | | 10 are known to the authority to meet the definition of "brownfield" |
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111 | 110 | | 11 set forth in IC 13-11-2-19.3. |
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112 | 111 | | 12 (b) Pursuant to section 10 of this chapter, the authority shall |
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113 | 112 | | 13 adopt guidelines to create an identification system by which |
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114 | 113 | | 14 brownfields may be classified when added to the inventory. |
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115 | 114 | | 15 (c) If an inventory is created under this section, in order to |
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116 | 115 | | 16 receive financial assistance from the authority through the |
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117 | 116 | | 17 authority's Indiana brownfield program, a brownfield property |
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118 | 117 | | 18 must be listed on the authority's inventory. |
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119 | 118 | | 19 (d) The authority may contract with one (1) or more state |
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120 | 119 | | 20 supported colleges or universities in Indiana for assistance in |
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121 | 120 | | 21 creating and maintaining the inventory. |
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122 | 121 | | 22 (e) The authority may pay costs arising from the creation and |
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123 | 122 | | 23 maintenance of the inventory with funds appropriated to the |
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124 | 123 | | 24 Indiana brownfields fund established by section 3 of this chapter. |
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125 | 124 | | 25 (f) If an inventory is created under this section, the authority |
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126 | 125 | | 26 shall report the contents of the inventory in writing: |
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127 | 126 | | 27 (1) not later than September 1, 2026, in calendar year 2026; |
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128 | 127 | | 28 and |
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129 | 128 | | 29 (2) not later than September 1 in each even-numbered |
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130 | 129 | | 30 calendar year after 2026; |
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131 | 130 | | 31 to the interim study committee on environmental affairs |
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132 | 131 | | 32 established by IC 2-5-1.3-4(9). A report prepared under this |
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133 | 132 | | 33 subsection may include findings and recommendations of the |
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134 | 133 | | 34 authority concerning brownfields and shall be transmitted to the |
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135 | 134 | | 35 executive director of the legislative services agency in an electronic |
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136 | 135 | | 36 format under IC 5-14-6 for distribution to the members of the |
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137 | 136 | | 37 interim study committee on environmental affairs. |
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138 | 137 | | 38 (g) Documents and information provided to the authority in |
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139 | 138 | | 39 creating and maintaining the inventory may be kept confidential |
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140 | 139 | | 40 consistent with IC 5-14-3-4 until the time the information is listed |
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141 | 140 | | 41 on the authority's inventory. |
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