Bill Text: IN HB1539 | 2013 | Regular Session | Introduced
Bill Title: Methamphetamine decontamination grant program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-22 - First reading: referred to Committee on Ways and Means [HB1539 Detail]
Download: Indiana-2013-HB1539-Introduced.html
Citations Affected: IC 13-20-25; IC 32-21.
Synopsis: Methamphetamine decontamination grant program.
Establishes a methamphetamine decontamination grant program to
provide grants to property owners for the cleanup of property damaged
by the manufacture of methamphetamine. Specifies that a person may
receive the lesser of: (1) 50% of the cleanup costs; or (2) $10,000.
Requires disclosure if a property was previously used as a site to
manufacture methamphetamine, unless the property is certified as
decontaminated by an inspector approved by the department of
environmental management.
Effective: July 1, 2013.
January 22, 2013, read first time and referred to Committee on Ways and Means.
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A BILL FOR AN ACT to amend the Indiana Code concerning
property and to make an appropriation.
Chapter 25. Methamphetamine Decontamination Grant Program
Sec. 1. (a) The department shall provide financial assistance to a property owner through matching grants awarded under this chapter for a project involving the decontamination of the owner's property contaminated due to the illegal manufacture of methamphetamine by a person other than the owner of the property.
(b) Grants awarded under this chapter must be funded from the methamphetamine decontamination grant fund.
Sec. 2. (a) The methamphetamine decontamination grant fund is established to provide financial assistant to a property owner in decontaminating property affected by the manufacture of methamphetamine. The fund shall be administered by the
department.
(b) The fund consists of appropriations made by the general
assembly.
(c) The expenses of administering the fund shall be paid from
money in the fund.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that
accrues from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(f) Money in the fund is continuously appropriated to carry out
the purposes of the fund.
Sec. 3. A grant may be awarded under this chapter to a
property owner only for decontamination conducted by or under
the supervision of a person approved under IC 13-14-1-15.
Sec. 4. (a) After a grant applicant has developed a
decontamination plan and scope of work, the applicant may apply
for a grant under this chapter on forms prepared and supplied by
the department.
(b) A grant application must include the following:
(1) A statement describing a project's timetable, scope of
work, and a decontamination plan that identifies persons
responsible for implementation and indicates which persons
have been approved under IC 13-14-1-15.
(2) A budget showing all estimated costs.
(3) A commitment by the applicant to:
(A) maintain appropriate records that document all
expenditures made during the decontamination project;
and
(B) submit to the department a final report describing all
decontamination related work.
Sec. 5. (a) When a grantee accepts a grant award, the
department shall pay the grantee seventy-five percent (75%) of the
grant for the project.
(b) The remaining twenty-five percent (25%) of the grant shall
be paid to the grantee after the:
(1) grantee submits the final report to the department; and
(2) department has audited and approved in writing the final
expenditures.
Sec. 6. A grantee shall submit to the department documentation
of all project expenditures within:
(1) thirty (30) days after completion of the project; or
(2) twelve (12) months after the grant is awarded;
whichever occurs first.
Sec. 7. (a) Estimated project costs submitted under section 4(b)
of this chapter must include the following:
(1) Eligible project costs.
(2) Ineligible project costs.
(b) Project costs that are ineligible for grant funding may not be
used to fulfill a grantee's match requirement. A grantee is
responsible for all project costs except the costs funded by a grant.
(c) Ineligible project costs include the following:
(1) Costs incurred before the approval of a grant.
(2) Costs incurred more than twenty-four (24) months after a
grant has been accepted.
(3) Costs incurred by a grantee that exceed original estimated
eligible project costs indicated in a grant application.
(4) Other costs that are not specifically related to
decontamination as determined by the department.
(d) Eligible project costs may be:
(1) used to fulfill the grantee's match requirement; and
(2) funded by the grant.
(e) Project costs that are not ineligible under subsection (c) are
eligible project costs for purposes of subsection (d).
Sec. 8. A grant awarded under this chapter:
(1) may not exceed the lesser of:
(A) fifty percent (50%) of the total eligible costs estimated
in a grant application; or
(B) ten thousand dollars ($10,000); and
(2) must be matched by an applicant's financial or in kind
contributions.
Sec. 9. The department shall establish criteria for determining
the priority of grant applications under this chapter. In
establishing criteria, the department shall consider the extent to
which a contaminated property constitutes:
(1) a potential nuisance; and
(2) a hazard to public health or safety.
If the department determines that one (1) or more applicants meet
the criteria equally, the department shall give priority to the
application the department received first.
Sec. 10. (a) A property owner may apply for more than one (1)
grant under this chapter if each grant is for a separate parcel of
property.
(b) A previous grant recipient under this chapter may reapply
for additional grants for separate parcels within the same year
only if money is available to the department after awarding grants
to all other eligible applicants.
Sec. 11. (a) A grant applicant may request an exemption from
the requirement that the decontamination project be conducted or
supervised by a person approved under IC 13-14-1-15 by
submitting a written request to the department demonstrating that
this requirement would constitute an undue hardship.
(b) A request filed under this section must contain a detailed
description of the basis for a requested exemption.
(c) The department shall review an exemption request with
regard to the ability of a person not approved under IC 13-14-1-15
to adequately and safely conduct the decontamination project.
(d) An exemption granted by the department must:
(1) be in writing; and
(2) clearly state the reasons for the exemption.
Sec. 12. (a) The department may terminate a grant awarded
under this chapter if the department determines that there:
(1) has been no sustained progress in meeting a timetable
established in section 4(b) of this chapter;
(2) is substantial evidence that a grant was obtained by fraud;
or
(3) is substantial evidence of gross abuse or corrupt practices
in the administration or implementation of a project.
(b) If the department terminates a grant, the grantee shall
return the full amount of the grant received.
Sec. 13. (a) Before February 1 of each year, the department shall
submit an annual report to the:
(1) governor;
(2) legislative council; and
(3) budget director.
A report submitted under this subsection to the legislative council
must be in an electronic format under IC 5-14-6.
(b) The report must contain the following:
(1) A description of each project funded through grants under
this chapter.
(2) A statement of the total amount of money that the
department expends through grants under this chapter during
the immediately preceding year.
(3) An estimate of the amount of money that is required to
meet the eligible grant requests for the current year.
(4) Proposals of recommendations for any changes, in funding
or otherwise, to the grant project.
Sec. 14. The board may adopt rules under this chapter in
accordance with IC 4-22-2 and IC 13-14-9.
(1) Disclosure by the owner of the known condition of the following:
(A) The foundation.
(B) The mechanical systems.
(C) The roof.
(D) The structure.
(E) The water and sewer systems.
(F) Additions that may require improvements to the sewage disposal system.
(G) Other areas that the Indiana real estate commission determines are appropriate.
(2) Disclosure by the owner:
(A) of known contamination caused by the manufacture of a controlled substance on the property; and
(B) that methamphetamine was manufactured on the property.
However, the owner is not required to disclose a fact described in clause (A) or (B) if the property
(3) A notice to the prospective buyer that contains substantially the following language:
"The prospective buyer and the owner may wish to obtain professional advice or inspections of the property and provide for appropriate provisions in a contract between them concerning any advice, inspections, defects, or warranties obtained on the property.".
(4) A notice to the prospective buyer that contains substantially the following language:
"The representations in this form are the representations of the owner and are not the representations of the agent, if any. This information is for disclosure only and is not intended to be a part of any contract between the buyer and owner.".
(5) A disclosure by the owner that an airport is located within a geographical distance from the property as determined by the Indiana real estate commission. The commission may consider the differences between an airport serving commercial airlines and an airport that does not serve commercial airlines in determining the distance to be disclosed.
(1) That an occupant of the property was afflicted with or died from a disease related to the human immunodeficiency virus (HIV).
(2) That an individual died on the property.
(3) That the property was the site of:
(A) a felony under IC 35;
(B) criminal gang (as defined in IC 35-45-9-1) activity;
(C) the discharge of a firearm involving a law enforcement officer while engaged in the officer's official duties; or
(D) the illegal manufacture or distribution of a controlled substance, not including the illegal manufacture of methamphetamine.
(1) that a dwelling or real estate is a psychologically affected property; or
(2) details concerning the psychologically affected nature of the dwelling or real estate.
However, an owner or agent may not intentionally misrepresent a fact concerning a psychologically affected property in response to a direct inquiry from a transferee.
(b) An owner or agent may be liable for refusing to disclose to a transferee that methamphetamine was manufactured on the property of the dwelling or real estate, unless the property has been certified as decontaminated by an inspector approved under IC 13-14-1-15.
