*SB0307.1*
January 28, 2025
SENATE BILL No. 307
_____
DIGEST OF SB 307 (Updated January 27, 2025 11:04 am - DI 140)
Citations Affected: IC 5-1.2.
Synopsis: Environmental waste inventory and grant program. Allows
the Indiana brownfields fund to be used to pay for: (1) studies
conducted under the Indiana brownfields program; and (2) the creation
of an inventory of brownfields in Indiana (inventory). Authorizes the
Indiana finance authority (authority) to create and maintain the
inventory. Authorizes the authority to: (1) contract with one or more
state supported colleges or universities for assistance in creating and
maintaining the inventory; and (2) pay costs arising from the creation
and maintenance of the inventory with funds appropriated to the
Indiana brownfields fund. Provides that, if the inventory is created, the
authority shall report the contents of the inventory to the interim study
committee on environmental affairs in 2026 and in each even-
numbered calendar year thereafter. Provides for confidentiality
regarding documents and information submitted to the authority.
Effective: July 1, 2025.
Zay
January 13, 2025, read first time and referred to Committee on Environmental Affairs.
January 27, 2025, reported favorably — Do Pass.
SB 307—LS 6952/DI 150 January 28, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 307
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-1.2-2-6.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 6.5. "Brownfield", for purposes of IC 5-1.2-12, has
4 the meaning set forth in IC 13-11-2-19.3.
5 SECTION 2. IC 5-1.2-2-37.4 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2025]: Sec. 37.4. "Inventory", for purposes
8 of IC 5-1.2-12, refers to the inventory of brownfields located in
9 Indiana which the authority is authorized to create and maintain
10 under IC 5-1.2-12-14.
11 SECTION 3. IC 5-1.2-12-3, AS AMENDED BY P.L.176-2023,
12 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]: Sec. 3. (a) The Indiana brownfields fund is established
14 to provide money for:
15 (1) grants, loans, and other financial assistance provided to or for
16 the benefit of political subdivisions;
17 (2) studies conducted on brownfields located in Indiana; or
SB 307—LS 6952/DI 150 2
1 (3) the creation of an inventory;
2 under this chapter. The authority shall administer, hold, and manage
3 the Indiana brownfields fund.
4 (b) Money in the fund at the end of a state fiscal year does not revert
5 to the state general fund.
6 (c) Expenses of administering the Indiana brownfields fund shall be
7 paid from money in the Indiana brownfields fund.
8 (d) The Indiana brownfields fund consists of the following:
9 (1) Appropriations made by the general assembly.
10 (2) Grants and gifts intended for deposit in the Indiana
11 brownfields fund.
12 (3) Repayments of loans and other financial assistance from the
13 Indiana brownfields fund, including premiums, interest, and
14 penalties.
15 (4) Proceeds from the sale of loans and other financial assistance
16 under section 8 of this chapter.
17 (5) Interest, premiums, gains, or other earnings on the Indiana
18 brownfields fund.
19 (6) Money transferred from the hazardous substances response
20 trust fund under IC 13-25-4-1(a)(9).
21 (7) Fees collected under section 6 of this chapter.
22 (8) Money transferred from the petroleum storage tank excess
23 liability trust fund under IC 13-23-7 for the purpose of
24 environmental assessment and remediation on a property
25 containing at least one (1) underground storage tank or
26 aboveground storage tank.
27 (9) Money transferred from the petroleum trust fund under
28 IC 13-23-12-4(1) for the purpose of corrective actions that
29 involve releases of regulated substances from underground
30 storage tanks or aboveground storage tanks and are ineligible to
31 receive funds from the petroleum storage tank excess liability
32 trust fund under IC 13-23-7.
33 (e) The authority shall invest the money in the Indiana brownfields
34 fund not currently needed to meet the obligations of the Indiana
35 brownfields fund in accordance with an investment policy adopted by
36 the authority. Interest, premiums, gains, or other earnings from the
37 investments shall be credited to and deposited in the Indiana
38 brownfields fund.
39 (f) As an alternative to subsection (e), the authority may invest or
40 cause to be invested all or a part of the Indiana brownfields fund in a
41 fiduciary account or accounts with a trustee that is a financial
42 institution. Notwithstanding any other law, any investment may be
SB 307—LS 6952/DI 150 3
1 made by the trustee in accordance with one (1) or more trust
2 agreements or indentures. A trust agreement or indenture may allow
3 disbursements by the trustee to the authority, a participant, or any other
4 person as provided in the trust agreement or indenture.
5 SECTION 4. IC 5-1.2-12-14 IS ADDED TO THE INDIANA CODE
6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
7 1, 2025]: Sec. 14. (a) The authority may create and maintain an
8 inventory of brownfields located in Indiana. If created under this
9 section, the inventory must include all properties in Indiana that
10 are known to the authority to meet the definition of "brownfield"
11 set forth in IC 13-11-2-19.3.
12 (b) Pursuant to section 10 of this chapter, the authority shall
13 adopt guidelines to create an identification system by which
14 brownfields may be classified when added to the inventory.
15 (c) If an inventory is created under this section, in order to
16 receive financial assistance from the authority through the
17 authority's Indiana brownfield program, a brownfield property
18 must be listed on the authority's inventory.
19 (d) The authority may contract with one (1) or more state
20 supported colleges or universities in Indiana for assistance in
21 creating and maintaining the inventory.
22 (e) The authority may pay costs arising from the creation and
23 maintenance of the inventory with funds appropriated to the
24 Indiana brownfields fund established by section 3 of this chapter.
25 (f) If an inventory is created under this section, the authority
26 shall report the contents of the inventory in writing:
27 (1) not later than September 1, 2026, in calendar year 2026;
28 and
29 (2) not later than September 1 in each even-numbered
30 calendar year after 2026;
31 to the interim study committee on environmental affairs
32 established by IC 2-5-1.3-4(9). A report prepared under this
33 subsection may include findings and recommendations of the
34 authority concerning brownfields and shall be transmitted to the
35 executive director of the legislative services agency in an electronic
36 format under IC 5-14-6 for distribution to the members of the
37 interim study committee on environmental affairs.
38 (g) Documents and information provided to the authority in
39 creating and maintaining the inventory may be kept confidential
40 consistent with IC 5-14-3-4 until the time the information is listed
41 on the authority's inventory.
SB 307—LS 6952/DI 150 4
COMMITTEE REPORT
Mr. President: The Senate Committee on Environmental Affairs, to
which was referred Senate Bill No. 307, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill DO PASS.
(Reference is to SB 307 as introduced.)
NIEMEYER, Chairperson
Committee Vote: Yeas 9, Nays 0
SB 307—LS 6952/DI 150