Indiana 2025 Regular Session

Indiana Senate Bill SB0349 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 349
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 13-25-5-8.5.
7	7	Synopsis: Environmental remediation. Provides that, for purposes of
8	8	voluntary remediation of hazardous substances and petroleum, a
9	9	restrictive covenant or environmental restrictive ordinance is not
10	10	necessary to control potential exposure pathways at a site unless it is
11	11	determined that the expected future use of the site is more likely than
12	12	not to result in exposure to remaining contamination in excess of
13	13	remediation objectives.
14	14	Effective: Upon passage.
15	15	Raatz
16	16	January 13, 2025, read first time and referred to Committee on Environmental Affairs.
17	17	2025 IN 349—LS 6789/DI 153 Introduced
18	18	First Regular Session of the 124th General Assembly (2025)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2024 Regular Session of the General Assembly.
28	28	SENATE BILL No. 349
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning
30	30	environmental law.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 13-25-5-8.5, AS AMENDED BY P.L.159-2011,
33	33	2 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34	34	3 UPON PASSAGE]: Sec. 8.5. (a) A voluntary remediation work plan
35	35	4 must specify the remediation objectives for the site. Subsections (b)
36	36	5 through (e) apply to a site regardless of whether the site was entered
37	37	6 into the voluntary remediation program before July 1, 2009, or after
38	38	7 June 30, 2009.
39	39	8 (b) The remediation objectives for each hazardous substance and
40	40	9 any petroleum on the site shall be based on:
41	41	10 (1) background levels of hazardous substances and petroleum that
42	42	11 occur naturally on the site; or
43	43	12 (2) an assessment of the risks pursuant to subsection (d) posed by
44	44	13 the hazardous substance or petroleum presently found on the site
45	45	14 taking into consideration the following:
46	46	15 (A) Expected future use of the site.
47	47	16 (B) Measurable risks to human health, natural resources, or the
48	48	17 environment based on the:
49	49	2025 IN 349—LS 6789/DI 153 2
50	50	1 (i) activities that take place; and
51	51	2 (ii) environmental impact;
52	52	3 on the site.
53	53	4 (c) If: the:
54	54	5 (1) the nature and extent of the hazardous substance or petroleum
55	55	6 is adequately characterized under the voluntary remediation work
56	56	7 plan, considering the remediation objectives developed under this
57	57	8 section; and
58	58	9 (2) the level of the hazardous substance or petroleum is
59	59	10 demonstrated to be below:
60	60	11 (A) background levels of the hazardous substances and
61	61	12 petroleum that occur naturally on the site; or
62	62	13 (B) the risk based levels developed under subsection (d);
63	63	14 additional action is not necessary to protect human health or the
64	64	15 environment.
65	65	16 (d) Risk based remediation objectives shall be based on one (1) of
66	66	17 the following:
67	67	18 (1) Levels of hazardous substances and petroleum calculated by
68	68	19 the department using standard equations and default values for
69	69	20 particular hazardous substances or petroleum.
70	70	21 (2) Levels of hazardous substances and petroleum calculated
71	71	22 using site specific data for the default values in the department's
72	72	23 standard equations.
73	73	24 (3) Levels of hazardous substances and petroleum developed
74	74	25 based on site specific risk assessments that take into account site
75	75	26 specific factors, including remedial measures, restrictive
76	76	27 covenants, and environmental restrictive ordinances that:
77	77	28 (A) manage risk; and
78	78	29 (B) control completed or potential exposure pathways.
79	79	30 (e) The department shall consider and give effect to restrictive
80	80	31 covenants and environmental restrictive ordinances in evaluating risk
81	81	32 based remediation proposals.
82	82	33 (f) The department, or a person authorized under subsection (g),
83	83	34 shall give written notice to a municipal corporation that the department
84	84	35 is relying on an environmental restrictive ordinance adopted by the
85	85	36 municipal corporation as part of a risk based remediation proposal:
86	86	37 (1) approved by the department; and
87	87	38 (2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4, or
88	88	39 IC 13-25-5.
89	89	40 (g) The department may delegate authority to give the written notice
90	90	41 referred to in subsection (f) to the person who proposed the risk based
91	91	42 remediation.
92	92	2025 IN 349—LS 6789/DI 153 3
93	93	1 (h) A restrictive covenant or environmental restrictive
94	94	2 ordinance is not necessary to control potential exposure pathways
95	95	3 at a site unless it is determined that the expected future use of the
96	96	4 site is more likely than not to result in exposure to remaining
97	97	5 contamination in excess of remediation objectives.
98	98	6 SECTION 2. An emergency is declared for this act.
99	99	2025 IN 349—LS 6789/DI 153