Introduced Version
HOUSE BILL No. 1197
_____
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.
Lehe
January 10, 2011, read first time and referred to Committee on Local Government.
Introduced
First Regular Session 117th General Assembly (2011)
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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.