Indiana Senate Bill 246 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: Passed on May 4 2023 - 100% progression
Action: 2023-05-04 - Public Law 176
Text: Latest bill text (Enrolled) [PDF]

Excess liability trust fund. Defines "aboveground storage tank" as a tank or combination of tanks that is at least 90% above the surface of the ground, that has a capacity of more than 1,500 gallons but not more than 20,000 gallons, and that is used for the bulk storage and distribution of motor fuel to retailers or used at an airport. Changes the name of the underground petroleum storage excess liability fund to the "petroleum storage excess liability fund" (ELTF). Changes the name of the underground storage tank financial assurance board to the "petroleum storage tank financial assurance board" (financial assurance board). Transfers, from the state fire marshal and the fire prevention and building safety commission to the department of environmental management (department) and the environmental rules board, the authority to issue certificates for people who install, test, or decommission underground or aboveground storage tanks. Transfers rules concerning the certification program. Authorizes the use of the ELTF to provide a source of money to satisfy liabilities for corrective action involving aboveground storage tanks. Authorizes the use of the ELTF to provide reimbursement of 50% of costs of decommissioning or replacing underground petroleum storage tanks subject to certain conditions, but limits the total amounts that can be paid from the ELTF each year for this purpose. Requires the financial assurance board to adopt: (1) rules concerning this reimbursement program; and (2) rules under which ELTF eligibility and funding may be reopened for a release previously granted "no further action" status by the department. Provides that a subsequent owner of a property on which a restrictive covenant has been placed because of soil or water contamination due to a leaking underground or aboveground storage tank is eligible for reimbursement from the ELTF of remediation expenses if the tank was registered and all annual fees for the tank were paid before the eligible release. Provides that the commissioner of the department (commissioner) may not: (1) issue an order to secure compliance; or (2) proceed in court; to require the owner or operator of an underground storage tank to undertake corrective action with respect to a release of petroleum until the commissioner has received and reviewed the initial site characterization of the site of the release. Provides that, if a quantity of the released petroleum remains or may remain underground at a site, the commissioner is prohibited from: (1) requesting that the owner or operator execute a restrictive covenant applying to the site; (2) making a determination of no further action being required at the site; or (3) approving closure of the site; unless the commissioner has received and reviewed the initial site characterization, but allows the commissioner to require the owner or operator to undertake corrective action at the site before reviewing the initial site characterization in case of a threat to human health or the environment. Establishes requirements for initial site characterizations. Provides that a qualified environmental professional, upon behalf of a tank owner, may request a waiver of the initial site characterization requirements and suggest an alternative procedure. Provides that the fee for the inspection of gasoline or kerosene: (1) applies to "avgas" (aviation fuel used in piston engine powered aircraft) in the same manner and to the same extent as it applies to gasoline; and (2) applies to jet fuel in the same manner and to the same extent as it applies to kerosene. Establishes an aviation fuel account (account) within the ELTF and requires that the inspection fees on avgas and jet fuel be deposited in the account. Provides that the account may be used only for financial responsibility, corrective action, third party indemnification, and administration expenses related to avgas and jet fuel.

Excess liability trust fund.

Sen. Rick Niemeyer [R]	Sen. Mike Gaskill [R]	Sen. Lonnie Randolph [D]	Rep. Harold Slager [R]
Rep. Alan Morrison [R]

2023-04-26 - Senate - Senate - Conference Committee Report 1 (Y: 48 N: 0 NV: 2 Abs: 0) [PASS]
2023-04-25 - House - House - Rules Suspended. Conference Committee Report 1 (Y: 85 N: 0 NV: 2 Abs: 13) [PASS]
2023-04-11 - House - House - Third reading (Y: 94 N: 2 NV: 1 Abs: 3) [PASS]
2023-02-28 - Senate - Senate - Third reading (Y: 49 N: 0 NV: 0 Abs: 1) [PASS]

Date	Chamber	Action
2023-05-04	Senate	Public Law 176
2023-05-04	Senate	Signed by the Governor
2023-05-01	House	Signed by the Speaker
2023-04-28	Senate	Signed by the President of the Senate
2023-04-28	Senate	Signed by the President Pro Tempore
2023-04-26	Senate	Conference Committee Report 1: adopted by the Senate; Roll Call 488: yeas 48, nays 0
2023-04-25	House	Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 502: yeas 85, nays 0
2023-04-25	House	CCR # 1 filed in the House
2023-04-25	Senate	CCR # 1 filed in the Senate
2023-04-18	House	House advisors appointed: Morrison, Payne, Smaltz and Jackson
2023-04-18	House	House conferees appointed: Slager and Bauer M
2023-04-18	Senate	Senate advisors appointed: Yoder and Gaskill
2023-04-18	Senate	Senate conferees appointed: Niemeyer and Niezgodski
2023-04-17	Senate	Senate dissented from House amendments
2023-04-17	Senate	Motion to dissent filed
2023-04-12	House	Returned to the Senate with amendments
2023-04-11	House	Third reading: passed; Roll Call 385: yeas 94, nays 2
2023-04-10	House	Second reading: ordered engrossed
2023-04-06	House	Committee report: amend do pass, adopted
2023-03-30	House	Referred to the Committee on Ways and Means pursuant to House Rule 127
2023-03-30	House	Committee report: amend do pass, adopted
2023-03-06	House	First reading: referred to Committee on Environmental Affairs
2023-03-01	Senate	Referred to the House
2023-02-28	Senate	Cosponsor: Representative Morrison
2023-02-28	Senate	House sponsor: Representative Slager
2023-02-28	Senate	Third reading: passed; Roll Call 188: yeas 49, nays 0
2023-02-27	Senate	Senator Randolph added as coauthor
2023-02-27	Senate	Second reading: ordered engrossed
2023-02-23	Senate	Committee report: amend do pass, adopted
2023-02-21	Senate	Senator Gaskill added as second author
2023-02-07	Senate	Committee report: amend do pass adopted; reassigned to Committee on Appropriations
2023-01-11	Senate	First reading: referred to Committee on Environmental Affairs
2023-01-11	Senate	Authored by Senator Niemeyer

Type	Source
Summary	https://iga.in.gov/legislative/2023/bills/senate/246/details
Text	https://iga.in.gov/legislative/2023/bills/senate/246/#1.INTR
Text	https://iga.in.gov/legislative/2023/bills/senate/246/#2.COMS
Text	https://iga.in.gov/legislative/2023/bills/senate/246/#3.COMS
Text	https://iga.in.gov/legislative/2023/bills/senate/246/#4.COMH
Text	https://iga.in.gov/legislative/2023/bills/senate/246/#5.COMH
Text	https://iga.in.gov/legislative/2023/bills/senate/246/#6.ENRH
Roll Call	https://iga.in.gov/legislative/2023/bills/senate/246/#S188
Roll Call	https://iga.in.gov/legislative/2023/bills/senate/246/#H385
Roll Call	https://iga.in.gov/legislative/2023/bills/senate/246/#H502
Roll Call	https://iga.in.gov/legislative/2023/bills/senate/246/#S488