Bill Text: IN SB0339 | 2010 | Regular Session | Amended
Bill Title: Lake Michigan marina and shoreline development.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2010-02-01 - Senator Arnold added as second author [SB0339 Detail]
Download: Indiana-2010-SB0339-Amended.html
Citations Affected: IC 4-10; IC 8-10; IC 14-8; IC 36-7; IC 36-7.5;
noncode.
Synopsis: Lake Michigan marina and shoreline development.
Combines the Lake Michigan marina development commission and the
shoreline development commission into a new entity called the Lake
Michigan marina and shoreline development commission. Provides that
the Lake Michigan marina and shoreline development commission has
the powers and duties specified for the two predecessor commissions.
Specifies the membership of the Lake Michigan marina and shoreline
development commission. Repeals statutes related to an executive
committee in the laws governing the Lake Michigan marina and
shoreline development commission. Provides that on July 1, 2010, the
rights, duties, property, personnel, liabilities, and contractual
obligations of the two predecessor commissions are transferred to the
Lake Michigan marina and shoreline development commission. Makes
conforming amendments to the statutes referring to the two predecessor
commissions. Repeals superseded provisions.
Effective: July 1, 2010.
January 12, 2010, read first time and referred to Committee on Natural Resources.
January 26, 2010, reported favorably _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(b) An entity must apply for the loan before May 1, 1989, in a form approved by the state board of finance. As part of the application, the entity shall submit a plan for its use of the loan proceeds and for the repayment of the loan. Within sixty (60) days after receipt of each application, the board shall meet to consider the application and to review its accuracy and completeness and to determine the need for the loan. The board shall authorize a loan to an entity that makes an application if the board approves its accuracy and completeness and determines that there is a need for the loan and an adequate method of repayment.
(c) The state board of finance shall determine the terms of each loan, which must include the following:
(1) The duration of the loan, which must not exceed twelve (12) years.
(2) The repayment schedule of the loan, which must provide that no payments are due during the first two (2) years of the loan.
(3) A variable rate of interest to be determined by the board and adjusted annually. The interest rate must be the greater of:
(A) five percent (5%); or
(B) two-thirds (2/3) of the interest rate for fifty-two (52) week United States Treasury bills on the anniversary date of the loan, but not to exceed ten percent (10%).
(4) The amount of the loan or loans, which may not exceed the maximum amounts established for the entity by this section.
(5) Any other conditions specified by the board.
(d) An entity may borrow money under this section by adoption of an ordinance or a resolution and, as set forth in IC 5-1-14, may use any source of revenue to repay a loan under this section. This section constitutes complete authority for the entity to borrow from the fund. If an entity described in subsection (i) fails to make any repayments of a loan, the amount payable shall be withheld by the auditor of state from any other money payable to the consolidated city. If any other entity described in this section fails to make any repayments of a loan, the amount payable shall be withheld by the auditor of state from any other money payable to the entity. The amount withheld shall be transferred to the fund to the credit of the entity.
(e) A loan under this section may be made to a city located in a county having a population of more than twenty-four thousand (24,000) but less than twenty-five thousand (25,000) for the city's waterworks facility. The amount of the loan may not exceed one million six hundred thousand dollars ($1,600,000).
(f) A loan under this section may be made to a city the territory of which is included in part within the Lake Michigan corridor (as defined in IC 14-13-3-2, before its repeal) for a marina development project. As a part of its application under subsection (b), the city must include the following:
(1) Written approval by the Lake Michigan marina development commission of the project to be funded by the loan proceeds.
(2) A written determination by the commission of the amount needed by the city, for the project and of the amount of the maximum loan amount under this subsection that should be lent to the city.
The maximum amount of loans available for all cities that are eligible for a loan under this subsection is eight million six hundred thousand
dollars ($8,600,000).
(g) A loan under this section may be made to a county having a
population of more than one hundred seventy thousand (170,000) but
less than one hundred eighty thousand (180,000) for use by the airport
authority in the county for the construction of runways. The amount of
the loan may not exceed seven million dollars ($7,000,000). The
county may lend the proceeds of its loan to an airport authority for the
public purpose of fostering economic growth in the county.
(h) A loan under this section may be made to a city having a
population of more than fifty-nine thousand (59,000) but less than
fifty-nine thousand seven hundred (59,700) for the construction of
parking facilities. The amount of the loan may not exceed three million
dollars ($3,000,000).
(i) A loan or loans under this section may be made to a consolidated
city, a local public improvement bond bank, or any board, authority, or
commission of the consolidated city, to fund economic development
projects under IC 36-7-15.2-5 or to refund obligations issued to fund
economic development projects. The amount of the loan may not
exceed thirty million dollars ($30,000,000).
(j) A loan under this section may be made to a county having a
population of more than thirteen thousand five hundred (13,500) but
less than fourteen thousand (14,000) for extension of airport runways.
The amount of the loan may not exceed three hundred thousand dollars
($300,000).
(k) A loan under this section may be made to Covington Community
School Corporation to refund the amount due on a tax anticipation
warrant loan. The amount of the loan may not exceed two million seven
hundred thousand dollars ($2,700,000), to be paid back from any
source of money that is legally available to the school corporation.
Notwithstanding subsection (b), the school corporation must apply for
the loan before June 30, 2010. Notwithstanding subsection (c),
repayment of the loan shall be made in equal installments over five (5)
years with the first installment due not more than six (6) months after
the date loan proceeds are received by the school corporation.
(l) IC 6-1.1-20 does not apply to a loan made by an entity under this
section.
(m) As used in this section, "entity" means a governmental entity
authorized to obtain a loan under subsections (e) through (k).
(b) The district includes all territory, including both dry land and
water, within a distance of one-half (1/2) mile on either side of the
center line of any waterway within the city in which the district is
established, excluding the land and water occupied by any marina
owned by a unit of government located in the corridor (as defined in
IC 14-13-3-2). IC 36-7-13.5-1).
(c) The district boundary is formed by an imaginary line one-half
(1/2) mile distant from the center line of a waterway in all directions.
However, the boundary of the district does not extend beyond the
boundaries of the city in which the district is located in those areas
where the city boundary is located less than one-half (1/2) mile from
the center line of a waterway.
(b) "Commission", for purposes of IC 14-13-1, has the meaning set forth in IC 14-13-1-1.
(c) "Commission", for purposes of IC 14-13-2, has the meaning set forth in IC 14-13-2-2.
(1) "Commission" refers to the Lake Michigan marina and shoreline development commission established by section 2 of this chapter.
(2) "Corridor"
(3) "Environmental fund" refers to the shoreline environmental trust fund established by section 19 of this chapter.
(4) "Environmental grant" means a grant from the environmental fund.
(5) "Qualifying property" means one (1) or more parcels of land in the corridor under common ownership, regardless of whether any improvements are located on the land, with respect to which:
(A) the:
(i) land is unused, if there are no improvements on the land;
or
(ii) land and improvements are unused;
(B) all or a part of each parcel of the land is located within five
hundred (500) yards of a lake or river; and
(C) there are significant obstacles to redevelopment because
of any of the following:
(i) Obsolete or inefficient buildings.
(ii) Aging infrastructure or inefficient utility services.
(iii) Utility relocation requirements.
(iv) Transportation or access problems.
(v) Topographical obstacles.
(vi) Environmental contamination.
(1) The following voting members:
(A) The mayor of East Chicago.
(B) The mayor of Gary.
(C) The mayor of Hammond.
(D) The mayor of Michigan City.
(E) The mayor of Portage.
(F) The mayor of Whiting.
(G) Two (2)
(H) One (1)
(i) is not a steel company; and
(ii) owns land abutting Lake Michigan with a continuous shoreline of not less than three-tenths (0.3) mile.
(i) Beverly Shores.
(J) One (1)
(i) Burns Harbor.
(ii) Chesterton.
(iii) Porter.
(i) is located in the counties contiguous to Lake Michigan; and
(ii) has a total assessed value that exceeds the total assessed value of real property in the counties contiguous to Lake Michigan that is owned by any other public utility.
If
the corridor; and
(C) (iii) are not affiliated with the same political party.
If all the senate districts that have territory within the corridor
are represented by members of the senate who are from the
same political party, the requirement under item (iii) cannot
be satisfied, the president pro tempore shall appoint a member
of the senate who represents a senate district that is located
anywhere in a county that has territory within the corridor to
satisfy may disregard the requirement under clause (C). item
(iii) when appointing members under this clause.
(2) The following nonvoting members:
(A) One (1) member to represent the department of
environmental management, appointed by the governor.
(B) One (1) member to represent the department of natural
resources, appointed by the governor.
(C) One (1) member to represent the Indiana department
of transportation, appointed by the governor.
(D) One (1) member appointed by the executive of the
Indiana Dunes National Lakeshore.
(E) The port director of the Port of Indiana-Burns Harbor.
(F) One (1) member appointed by the Lake County
Convention and Visitors Bureau.
(G) One (1) member appointed by the LaPorte County
Convention and Visitors Bureau.
(H) One (1) member appointed by the Porter County
Convention Recreation and Visitor Commission.
(b) A member of the commission
(b) The affirmative votes of a majority of the voting members of the commission are required for the commission to take action on any measure.
SECTION 133, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 11. (a) The commission shall do
the following:
(1) Identify qualifying properties.
(2) Prepare a comprehensive environmental master plan for
development and redevelopment within the corridor that:
(A) plans for remediation of environmental contamination;
(B) accounts for economic development and transportation
issues relating to environmental contamination; and
(C) establishes priorities for development or redevelopment of
qualifying properties.
(3) Establish guidelines for the evaluation of applications for
environmental grants from the environmental fund.
(4) After reviewing a report from the department of
environmental management under section 22 of this chapter, refer
to the executive committee make decisions on applications for
environmental grants from the environmental fund under
section 21 of this chapter. that the commission recommends for
approval.
(5) Prepare and provide information to political subdivisions on
the availability of financial assistance from the environmental
fund.
(6) Coordinate the implementation of the comprehensive
environmental master plan.
(7) Monitor the progress of implementation of the comprehensive
environmental master plan.
(8) Report at least annually once every two (2) years to the
governor, the lieutenant governor, the Indiana economic
development corporation, the legislative council, the budget
committee, and all political subdivisions that have territory
within the corridor on:
(A) the activities of the commission; and
(B) the progress of implementation of the comprehensive
environmental master plan. and
An annual report under this subdivision to the legislative
council must be in an electronic format under IC 5-14-6.
(9) employ an executive director and other individuals that are
necessary to carry out the commission's duties.
An annual report under subdivision (8) to the legislative council
must be in an electronic format under IC 5-14-6.
(9) Study various plans and recommendations that are
proposed concerning marina development along the corridor.
Based on these studies, the commission shall do the following:
(A) Prepare a comprehensive marina plan.
(B) Recommend state and local legislation for the
development of marinas along the corridor.
(C) Coordinate the implementation of the marina plan and
legislation.
(10) Make marina grants of money to units of local
government for the construction or improvement of a marina
in the corridor if the grants are consistent with the marina
plans, standards, and criteria established by the commission.
(b) It is the goal of marina projects under this chapter to create
employment in the private sector.
(1) Conduct studies necessary for the performance of the commission's duties.
(2) Publicize, advertise, and distribute reports on the commission's purposes, objectives, and findings.
(3) Provide recommendations in matters related to the commission's functions and objectives to the following:
(A) Political subdivisions that have territory within the corridor.
(B) Other public and private agencies.
(4) When requested, act as a coordinating agency for programs and activities of other public and private agencies that are related to the commission's objectives.
(5) Receive grants and appropriations from the following:
(A) Federal, state, and local governments.
(B) Individuals.
(C) Foundations.
(D) Other organizations.
(6) Enter into agreements or contracts regarding the acceptance or use of these grants and appropriations for the purpose of carrying out the commission's activities under this chapter.
(7) Acquire and dispose of real or personal property by grant, gift, purchase, lease, devise, or otherwise.
(8) Hold, use, improve, maintain, operate, own, manage, or lease as lessor or lessee:
(A) real or personal property; or
(B) any interest in real or personal property.
(9) Employ an executive director and other individuals who are necessary to carry out the commission's duties.
(11) Appoint advisory committees, which may include representatives of the following:
(A) Municipal parks.
(B) County parks.
(C) National parks.
(D) Port authorities.
(1) A chairman.
(2) A vice chairman.
(3) A treasurer.
(b) Each officer serves a term of one (1) year beginning July 1 of each year.
(1)
(2) review each environmental grant application
(3) determine the amount of each environmental grant to a political subdivision approved by the
(4) approve, with appropriate signatures, each environmental grant that the
(5) prepare and adopt by majority vote an annual budget for
carrying out the activities of the commission.
(b) Appropriated money remaining unexpended or unencumbered at the end of the year and not otherwise restricted by law or agreement becomes part of a nonreverting cumulative fund to be held in the name of the commission. The
(c) The
(1) prescribe the methods and forms for keeping; and
(2) periodically audit;
the accounts, records, and books of the commission. The commission may establish the funds and the accounts that the commission determines necessary to operate the commission.
(d) The treasurer of the
(1) Applicable statutes.
(2) Procedures established by the
(1) The rehabilitation, redevelopment, and reuse of qualifying property by providing environmental grants to political subdivisions to conduct any of the following activities:
(A) Identification and acquisition of qualifying property within a political subdivision.
(B) Environmental assessment of identified qualifying property and other activities necessary or convenient to complete the environmental assessments.
(C) Remediation of environmental contamination conducted on qualifying property.
(D) Clearance of real property under IC 36-7-14-12.2 or IC 36-7-15.1-7 in connection with remediation activities.
(E) Other activities necessary or convenient to return qualified property to full use.
(2) Payment of the share of the operations of the commission, as determined by the commission.
(1) administer the environmental fund; and
(2) report to the
(A) revenue receipted to the environmental fund;
(B) distributions from the environmental fund; and
(C) the balance in the environmental fund.
(b) The following shall be paid from money in the environmental fund:
(1) The expenses of administering the environmental fund.
(2) Environmental grants approved by the
(3) The amount budgeted from the environmental fund by the
(c) The environmental fund consists of the following:
(1) Appropriations made by the general assembly.
(2) Environmental grants and gifts intended for deposit in the environmental fund.
(3) Interest, gains, or other earnings of the environmental fund.
(d) The budget agency shall invest the money in the environmental fund not currently needed to meet the obligations of the environmental fund in the same manner as other public funds may be invested. Interest, gains, or other earnings from these investments shall be credited to the environmental fund.
(e) As an alternative to subsection (d), the budget agency may invest or cause to be invested all or a part of the environmental fund in a fiduciary account with a trustee that is a financial institution. Notwithstanding any other law, any investment may be made by the trustee in accordance with at least one (1) trust agreement or indenture. A trust agreement or indenture may allow disbursements by the trustee to the budget agency as provided in the trust agreement or indenture. The budget agency and the state board of finance must approve any trust agreement or indenture before its execution.
(f) Money in the environmental fund at the end of a state fiscal year
does not revert to the state general fund.
(1)
(A) identifies the qualifying property;
(B) includes any ordinances, resolutions, or other documentation of the political subdivision's determination to submit the environmental grant application;
(C) identifies the entity from which the qualifying property has been acquired or will be acquired by the political subdivision;
(D) specifies the cost of acquisition of the qualifying property to the political subdivision, if any;
(E) identifies any environmental contamination of the qualifying property that will be subject to remediation;
(F) specifies the environmental remediation objectives with respect to the qualifying property;
(G) estimates all costs the political subdivision will incur with respect to the qualifying property;
(H) evaluates the prospect for conveyance of the qualifying property for use by a private or public entity; and
(I) includes a schedule of all actions taken or to be taken by the political subdivision with respect to the qualifying property between the time of acquisition and the anticipated time of conveyance by the political subdivision.
(2) Documentation of community and neighborhood comment concerning the use of a qualifying property on which environmental remediation activities will be undertaken after environmental remediation activities are completed.
(b) A political subdivision may apply for
(1) qualifying property previously acquired by the political subdivision by:
(A) purchase; or
(B) donation from a private or public entity; or
(2) qualifying property to be acquired using environmental grant money.
(1) Upon receipt of
(A) environmental assessment of the property; and
(B) proposed environmental remediation with respect to the property.
(2) Submit to the commission a report of its evaluation under subdivision (1).
(3) Evaluate the technical aspects of the political subdivision's environmental remediation activities conducted on qualifying properties.
(4) Act as a liaison with the United States Environmental Protection Agency.
(1) The comprehensive environmental master plan.
(2) Socioeconomic distress in an area, as determined by the poverty level and unemployment rate in the area.
(3) The technical evaluation by the department of environmental management under section 22 of this chapter.
(4) Other factors determined by the commission, including the following:
(A) The number and quality of jobs that would result from reuse of the qualifying property.
(B) Housing, recreational, and educational needs of communities.
(C) Any other factors the
(b)
the purposes set forth in section 19 of this chapter and may be used to
pay consultant, advisory, and legal fees and any other costs or expenses
resulting from the assessment, planning, or environmental remediation
of a qualifying property.
(1) a private entity offers a political subdivision a donation of property for which the political subdivision intends to submit
(2) the donation of the property is conditioned on obtaining from the state a covenant not to sue the private entity for any potential liability arising under state law associated with environmental contamination of the property;
the political subdivision may request that the commission seek the covenant not to sue from the governor. The governor may execute a covenant not to sue under this section.
(1) An airport authority.
(2) A commuter transportation district.
(3) A regional bus authority under IC 36-9-3-2(c).
(4) A regional transportation authority established under IC 36-9-3-2.
(5)
established by IC 36-7-13.5-2.
(1) acquiring, constructing, equipping, owning, leasing, and financing projects and facilities for lease to or for the benefit of eligible political subdivisions under this article;
(2) funding and developing the Gary/Chicago International Airport expansion and other airport authority projects, commuter transportation district and other rail projects and services, regional bus authority projects and services, regional transportation authority projects and services, Lake Michigan marina and shoreline development projects and activities, and economic development projects in northwestern Indiana; and
(3) assisting with the funding of infrastructure needed to sustain development of an intermodal facility in northwestern Indiana.
(1) Assist in the coordination of local efforts concerning projects.
(2) Assist a commuter transportation district, an airport authority,
(3) Fund projects as provided in this article.
(4) Fund bus services (including fixed route services and flexible or demand-responsive services) and projects related to bus services and bus terminals, stations, or facilities.
(1) Finance, improve, construct, reconstruct, renovate, purchase, lease, acquire, and equip land and projects located in an eligible county or eligible municipality.
(2) Lease land or a project to an eligible political subdivision.
(3) Finance and construct additional improvements to projects or other capital improvements owned by the development authority and lease them to or for the benefit of an eligible political subdivision.
(4) Acquire land or all or a portion of one (1) or more projects from an eligible political subdivision by purchase or lease and lease the land or projects back to the eligible political subdivision, with any additional improvements that may be made to the land or projects.
(5) Acquire all or a portion of one (1) or more projects from an eligible political subdivision by purchase or lease to fund or refund indebtedness incurred on account of the projects to enable the eligible political subdivision to make a savings in debt service obligations or lease rental obligations or to obtain relief from covenants that the eligible political subdivision considers to be unduly burdensome.
(6) Make loans, loan guarantees, and grants or provide other financial assistance to or on behalf of the following:
(A) A commuter transportation district.
(B) An airport authority or airport development authority.
(C)
(D) A regional bus authority. A loan, loan guarantee, grant, or other financial assistance under this clause may be used by a regional bus authority for acquiring, improving, operating, maintaining, financing, and supporting the following:
(i) Bus services (including fixed route services and flexible or demand-responsive services) that are a component of a public transportation system.
(ii) Bus terminals, stations, or facilities or other regional bus authority projects.
(E) A regional transportation authority.
(7) Provide funding to assist a railroad that is providing commuter transportation services in an eligible county or eligible municipality.
(8) Provide funding to assist an airport authority located in an eligible county or eligible municipality in the construction, reconstruction, renovation, purchase, lease, acquisition, and equipping of an airport facility or airport project.
(9) Provide funding to assist in the development of an intermodal facility to facilitate the interchange and movement of freight.
(10) Provide funding to assist
(11) Provide funding for economic development projects in an eligible county or eligible municipality.
(12) Hold, use, lease, rent, purchase, acquire, and dispose of by purchase, exchange, gift, bequest, grant, condemnation, lease, or sublease, on the terms and conditions determined by the development authority, any real or personal property located in an eligible county or eligible municipality.
(13) After giving notice, enter upon any lots or lands for the purpose of surveying or examining them to determine the location of a project.
(14) Make or enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this article.
(15) Sue, be sued, plead, and be impleaded.
(16) Design, order, contract for, and construct, reconstruct, and renovate a project or improvements to a project.
(17) Appoint an executive director and employ appraisers, real estate experts, engineers, architects, surveyors, attorneys, accountants, auditors, clerks, construction managers, and any consultants or employees that are necessary or desired by the development authority in exercising its powers or carrying out its duties under this article.
(18) Accept loans, grants, and other forms of financial assistance from the federal government, the state government, a political subdivision, or any other public or private source.
(19) Use the development authority's funds to match federal grants or make loans, loan guarantees, or grants to carry out the development authority's powers and duties under this article.
(20) Except as prohibited by law, take any action necessary to
carry out this article.
(b) If the development authority is unable to agree with the owners,
lessees, or occupants of any real property selected for the purposes of
this article, the development authority may proceed under IC 32-24-1
to procure the condemnation of the property. The development
authority may not institute a proceeding until it has adopted a
resolution that:
(1) describes the real property sought to be acquired and the
purpose for which the real property is to be used;
(2) declares that the public interest and necessity require the
acquisition by the development authority of the property involved;
and
(3) sets out any other facts that the development authority
considers necessary or pertinent.
The resolution is conclusive evidence of the public necessity of the
proposed acquisition.
; (10)SB0339.1.31. --> SECTION 31. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2010]: IC 14-13-3; IC 36-7-13.5-9; IC 36-7-13.5-13; IC 36-7-13.5-15; IC 36-7-13.5-16; IC 36-7.5-1-16; IC 36-7.5-1-17.
(1) The Lake Michigan marina development commission.
(2) The shoreline development commission.
The commissions described in subdivisions (1) and (2) are abolished as soon the property, personnel, liabilities, and contractual obligations of the commissions are transferred to the Lake Michigan marina and shoreline development commission. The only actions that a commission described in subdivision (1) or (2) may take after June 30, 2010, are those actions necessary to wind up the affairs of that commission.
(b) The members of the governing body of a commission described in subsection (a)(1) or (a)(2) remain members of the governing body until the commission is abolished. The governing bodies of each commission described in subsection (a)(1) or (a)(2) shall adopt a resolution as the last act of the governing body specifying the abolishment of the commission.
(c) Money transferred from the Lake Michigan marina development commission to the Lake Michigan marina and shoreline development commission shall initially be transferred to
a fund that is separate from the shoreline environmental trust fund
established by IC 36-7-13.5-19, as amended by this act, and used in
accordance with the budget adopted by the Lake Michigan marina
and shoreline development commission. The budget may provide
for part or all of the money to be transferred and used for the
purposes of the shoreline environmental trust fund.
(d) This SECTION expires July 1, 2013.
