Bill Text: IN HB1197 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Regional water, sewage, and solid waste districts.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2011-05-16 - Effective 05/09/2011 [HB1197 Detail]

Download: Indiana-2011-HB1197-Introduced.html


Introduced Version






HOUSE BILL No. 1197

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 13-26-8-4; IC 13-26-11-13.

Synopsis: Regional sewer districts. Specifies that territory may be added to a regional water, sewage, or solid waste district (district) if: (1) the district's board; or (2) the majority of freeholders within the area proposed to be added; files a petition with the department of environmental management. Provides that the same procedure must be used to add territory to a district as is provided for the establishment of a district. Provides that if a district changes or readjusts the district's rates and charges, the board of trustees of the district shall mail a notice of the new rates and charges to each user affected by the change or readjustment. Provides that if a sewage district adopts an ordinance increasing the rates and charges by more than 5% per year, the required notice: (1) shall be mailed to each affected user not later than seven days after the ordinance is adopted; and (2) must include a statement of a freeholder's right to file a petition objecting to the rates and charges.

Effective: Upon passage.





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    January 10, 2011, read first time and referred to Committee on Local Government.







Introduced

First Regular Session 117th General Assembly (2011)


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 2010 Regular Session of the General Assembly.

HOUSE BILL No. 1197



    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:

SOURCE: IC 13-26-8-4; (11)IN1197.1.1. -->     SECTION 1. IC 13-26-8-4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) This section applies to the addition of territory to a district other than at the request of an eligible entity described in section 1 of this chapter.
    (b) To add territory to a district already established:
        (1) the board, on its own motion, may file a petition with the department requesting the addition of territory to the district; or
        (2) a petition that:
            (A) is signed by the majority of freeholders within the area proposed to be added; and
            (B) requests the addition of the area to the district;
        may be filed with the department.
    (c) If a petition is filed with the department under subsection (b):
        (1) the same procedure must be used to add territory to the

district as is provided for the establishment of a district under IC 13-26-2; and
        (2) the department shall proceed in the same manner that is set forth in IC 13-26-2, IC 13-26-4, IC 13-26-6, and IC 13-26-7.

SOURCE: IC 13-26-11-13; (11)IN1197.1.2. -->     SECTION 2. IC 13-26-11-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. (a) The ordinance establishing the initial rates or charges, either as:
        (1) originally introduced; or
        (2) modified and amended;
shall be passed and put into effect after the hearing.
    (b) A copy of the schedule of the rates and charges established must be:
        (1) kept on file in the office of the district; and
        (2) open to public inspection.
     (c) Whenever the board acts under section 8(b) of this chapter, to change or readjust the rates and charges, the board shall mail, either separately or along with a periodic billing statement, a notice of the new rates and charges to each user affected by the change or readjustment. In the case of a sewage district, if the change or readjustment increases the rates and charges by the amount specified in section 15(c) of this chapter, the notice required by this subsection:
        (1) must include a statement of a freeholder's rights under section 15 of this chapter; and
        (2) shall be mailed within the time specified in section 15(c) of this chapter.

SOURCE: ; (11)IN1197.1.3. -->     SECTION 3. An emergency is declared for this act.

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