Indiana 2025 Regular Session

Indiana Senate Bill SB0307 Compare Versions

OldNewDifferences
1-*SB0307.1*
2-January 28, 2025
1+
2+Introduced Version
33 SENATE BILL No. 307
44 _____
5-DIGEST OF SB 307 (Updated January 27, 2025 11:04 am - DI 140)
5+DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 5-1.2.
77 Synopsis: Environmental waste inventory and grant program. Allows
88 the Indiana brownfields fund to be used to pay for: (1) studies
99 conducted under the Indiana brownfields program; and (2) the creation
1010 of an inventory of brownfields in Indiana (inventory). Authorizes the
1111 Indiana finance authority (authority) to create and maintain the
1212 inventory. Authorizes the authority to: (1) contract with one or more
1313 state supported colleges or universities for assistance in creating and
1414 maintaining the inventory; and (2) pay costs arising from the creation
1515 and maintenance of the inventory with funds appropriated to the
1616 Indiana brownfields fund. Provides that, if the inventory is created, the
1717 authority shall report the contents of the inventory to the interim study
18-committee on environmental affairs in 2026 and in each even-
19-numbered calendar year thereafter. Provides for confidentiality
18+committee on environmental affairs in 2026 and in each
19+even-numbered calendar year thereafter. Provides for confidentiality
2020 regarding documents and information submitted to the authority.
2121 Effective: July 1, 2025.
2222 Zay
2323 January 13, 2025, read first time and referred to Committee on Environmental Affairs.
24-January 27, 2025, reported favorably — Do Pass.
25-SB 307—LS 6952/DI 150 January 28, 2025
24+2025 IN 307—LS 6952/DI 150 Introduced
2625 First Regular Session of the 124th General Assembly (2025)
2726 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2827 Constitution) is being amended, the text of the existing provision will appear in this style type,
2928 additions will appear in this style type, and deletions will appear in this style type.
3029 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3130 provision adopted), the text of the new provision will appear in this style type. Also, the
3231 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3332 a new provision to the Indiana Code or the Indiana Constitution.
3433 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3534 between statutes enacted by the 2024 Regular Session of the General Assembly.
3635 SENATE BILL No. 307
3736 A BILL FOR AN ACT to amend the Indiana Code concerning state
3837 and local administration.
3938 Be it enacted by the General Assembly of the State of Indiana:
4039 1 SECTION 1. IC 5-1.2-2-6.5 IS ADDED TO THE INDIANA CODE
4140 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4241 3 1, 2025]: Sec. 6.5. "Brownfield", for purposes of IC 5-1.2-12, has
4342 4 the meaning set forth in IC 13-11-2-19.3.
4443 5 SECTION 2. IC 5-1.2-2-37.4 IS ADDED TO THE INDIANA
4544 6 CODE AS A NEW SECTION TO READ AS FOLLOWS
4645 7 [EFFECTIVE JULY 1, 2025]: Sec. 37.4. "Inventory", for purposes
4746 8 of IC 5-1.2-12, refers to the inventory of brownfields located in
4847 9 Indiana which the authority is authorized to create and maintain
4948 10 under IC 5-1.2-12-14.
5049 11 SECTION 3. IC 5-1.2-12-3, AS AMENDED BY P.L.176-2023,
5150 12 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5251 13 JULY 1, 2025]: Sec. 3. (a) The Indiana brownfields fund is established
5352 14 to provide money for:
5453 15 (1) grants, loans, and other financial assistance provided to or for
5554 16 the benefit of political subdivisions;
5655 17 (2) studies conducted on brownfields located in Indiana; or
57-SB 307—LS 6952/DI 150 2
56+2025 IN 307—LS 6952/DI 150 2
5857 1 (3) the creation of an inventory;
5958 2 under this chapter. The authority shall administer, hold, and manage
6059 3 the Indiana brownfields fund.
6160 4 (b) Money in the fund at the end of a state fiscal year does not revert
6261 5 to the state general fund.
6362 6 (c) Expenses of administering the Indiana brownfields fund shall be
6463 7 paid from money in the Indiana brownfields fund.
6564 8 (d) The Indiana brownfields fund consists of the following:
6665 9 (1) Appropriations made by the general assembly.
6766 10 (2) Grants and gifts intended for deposit in the Indiana
6867 11 brownfields fund.
6968 12 (3) Repayments of loans and other financial assistance from the
7069 13 Indiana brownfields fund, including premiums, interest, and
7170 14 penalties.
7271 15 (4) Proceeds from the sale of loans and other financial assistance
7372 16 under section 8 of this chapter.
7473 17 (5) Interest, premiums, gains, or other earnings on the Indiana
7574 18 brownfields fund.
7675 19 (6) Money transferred from the hazardous substances response
7776 20 trust fund under IC 13-25-4-1(a)(9).
7877 21 (7) Fees collected under section 6 of this chapter.
7978 22 (8) Money transferred from the petroleum storage tank excess
8079 23 liability trust fund under IC 13-23-7 for the purpose of
8180 24 environmental assessment and remediation on a property
8281 25 containing at least one (1) underground storage tank or
8382 26 aboveground storage tank.
8483 27 (9) Money transferred from the petroleum trust fund under
8584 28 IC 13-23-12-4(1) for the purpose of corrective actions that
8685 29 involve releases of regulated substances from underground
8786 30 storage tanks or aboveground storage tanks and are ineligible to
8887 31 receive funds from the petroleum storage tank excess liability
8988 32 trust fund under IC 13-23-7.
9089 33 (e) The authority shall invest the money in the Indiana brownfields
9190 34 fund not currently needed to meet the obligations of the Indiana
9291 35 brownfields fund in accordance with an investment policy adopted by
9392 36 the authority. Interest, premiums, gains, or other earnings from the
9493 37 investments shall be credited to and deposited in the Indiana
9594 38 brownfields fund.
9695 39 (f) As an alternative to subsection (e), the authority may invest or
9796 40 cause to be invested all or a part of the Indiana brownfields fund in a
9897 41 fiduciary account or accounts with a trustee that is a financial
9998 42 institution. Notwithstanding any other law, any investment may be
100-SB 307—LS 6952/DI 150 3
99+2025 IN 307—LS 6952/DI 150 3
101100 1 made by the trustee in accordance with one (1) or more trust
102101 2 agreements or indentures. A trust agreement or indenture may allow
103102 3 disbursements by the trustee to the authority, a participant, or any other
104103 4 person as provided in the trust agreement or indenture.
105104 5 SECTION 4. IC 5-1.2-12-14 IS ADDED TO THE INDIANA CODE
106105 6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
107106 7 1, 2025]: Sec. 14. (a) The authority may create and maintain an
108107 8 inventory of brownfields located in Indiana. If created under this
109108 9 section, the inventory must include all properties in Indiana that
110109 10 are known to the authority to meet the definition of "brownfield"
111110 11 set forth in IC 13-11-2-19.3.
112111 12 (b) Pursuant to section 10 of this chapter, the authority shall
113112 13 adopt guidelines to create an identification system by which
114113 14 brownfields may be classified when added to the inventory.
115114 15 (c) If an inventory is created under this section, in order to
116115 16 receive financial assistance from the authority through the
117116 17 authority's Indiana brownfield program, a brownfield property
118117 18 must be listed on the authority's inventory.
119118 19 (d) The authority may contract with one (1) or more state
120119 20 supported colleges or universities in Indiana for assistance in
121120 21 creating and maintaining the inventory.
122121 22 (e) The authority may pay costs arising from the creation and
123122 23 maintenance of the inventory with funds appropriated to the
124123 24 Indiana brownfields fund established by section 3 of this chapter.
125124 25 (f) If an inventory is created under this section, the authority
126125 26 shall report the contents of the inventory in writing:
127126 27 (1) not later than September 1, 2026, in calendar year 2026;
128127 28 and
129128 29 (2) not later than September 1 in each even-numbered
130129 30 calendar year after 2026;
131130 31 to the interim study committee on environmental affairs
132131 32 established by IC 2-5-1.3-4(9). A report prepared under this
133132 33 subsection may include findings and recommendations of the
134133 34 authority concerning brownfields and shall be transmitted to the
135134 35 executive director of the legislative services agency in an electronic
136135 36 format under IC 5-14-6 for distribution to the members of the
137136 37 interim study committee on environmental affairs.
138137 38 (g) Documents and information provided to the authority in
139138 39 creating and maintaining the inventory may be kept confidential
140139 40 consistent with IC 5-14-3-4 until the time the information is listed
141140 41 on the authority's inventory.
142-SB 307—LS 6952/DI 150 4
143-COMMITTEE REPORT
144-Mr. President: The Senate Committee on Environmental Affairs, to
145-which was referred Senate Bill No. 307, has had the same under
146-consideration and begs leave to report the same back to the Senate with
147-the recommendation that said bill DO PASS.
148- (Reference is to SB 307 as introduced.)
149-
150-NIEMEYER, Chairperson
151-Committee Vote: Yeas 9, Nays 0
152-SB 307—LS 6952/DI 150
141+2025 IN 307—LS 6952/DI 150