Introduced Version
SENATE BILL No. 349
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 13-25-5-8.5.
Synopsis: Environmental remediation. Provides that, for purposes of
voluntary remediation of hazardous substances and petroleum, a
restrictive covenant or environmental restrictive ordinance is not
necessary to control potential exposure pathways at a site unless it is
determined that the expected future use of the site is more likely than
not to result in exposure to remaining contamination in excess of
remediation objectives.
Effective: Upon passage.
Raatz
January 13, 2025, read first time and referred to Committee on Environmental Affairs.
2025 IN 349—LS 6789/DI 153 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 349
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 13-25-5-8.5, AS AMENDED BY P.L.159-2011,
2 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 8.5. (a) A voluntary remediation work plan
4 must specify the remediation objectives for the site. Subsections (b)
5 through (e) apply to a site regardless of whether the site was entered
6 into the voluntary remediation program before July 1, 2009, or after
7 June 30, 2009.
8 (b) The remediation objectives for each hazardous substance and
9 any petroleum on the site shall be based on:
10 (1) background levels of hazardous substances and petroleum that
11 occur naturally on the site; or
12 (2) an assessment of the risks pursuant to subsection (d) posed by
13 the hazardous substance or petroleum presently found on the site
14 taking into consideration the following:
15 (A) Expected future use of the site.
16 (B) Measurable risks to human health, natural resources, or the
17 environment based on the:
2025 IN 349—LS 6789/DI 153 2
1 (i) activities that take place; and
2 (ii) environmental impact;
3 on the site.
4 (c) If: the:
5 (1) the nature and extent of the hazardous substance or petroleum
6 is adequately characterized under the voluntary remediation work
7 plan, considering the remediation objectives developed under this
8 section; and
9 (2) the level of the hazardous substance or petroleum is
10 demonstrated to be below:
11 (A) background levels of the hazardous substances and
12 petroleum that occur naturally on the site; or
13 (B) the risk based levels developed under subsection (d);
14 additional action is not necessary to protect human health or the
15 environment.
16 (d) Risk based remediation objectives shall be based on one (1) of
17 the following:
18 (1) Levels of hazardous substances and petroleum calculated by
19 the department using standard equations and default values for
20 particular hazardous substances or petroleum.
21 (2) Levels of hazardous substances and petroleum calculated
22 using site specific data for the default values in the department's
23 standard equations.
24 (3) Levels of hazardous substances and petroleum developed
25 based on site specific risk assessments that take into account site
26 specific factors, including remedial measures, restrictive
27 covenants, and environmental restrictive ordinances that:
28 (A) manage risk; and
29 (B) control completed or potential exposure pathways.
30 (e) The department shall consider and give effect to restrictive
31 covenants and environmental restrictive ordinances in evaluating risk
32 based remediation proposals.
33 (f) The department, or a person authorized under subsection (g),
34 shall give written notice to a municipal corporation that the department
35 is relying on an environmental restrictive ordinance adopted by the
36 municipal corporation as part of a risk based remediation proposal:
37 (1) approved by the department; and
38 (2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4, or
39 IC 13-25-5.
40 (g) The department may delegate authority to give the written notice
41 referred to in subsection (f) to the person who proposed the risk based
42 remediation.
2025 IN 349—LS 6789/DI 153 3
1 (h) A restrictive covenant or environmental restrictive
2 ordinance is not necessary to control potential exposure pathways
3 at a site unless it is determined that the expected future use of the
4 site is more likely than not to result in exposure to remaining
5 contamination in excess of remediation objectives.
6 SECTION 2. An emergency is declared for this act.
2025 IN 349—LS 6789/DI 153