January 27, 2010
SENATE BILL No. 339
_____
DIGEST OF SB 339
(Updated January 25, 2010 12:14 pm - DI 14)
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 Repeals superseded provisions.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.
Tallian
, Landske
January 12, 2010, read first time and referred to Committee on Natural Resources.
January 26, 2010, reported favorably _ Do Pass.
January 27, 2010
Second Regular Session 116th General Assembly (2010)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE BILL No. 339
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-10-18-10; (10)SB0339.1.1. -->
SECTION 1. IC 4-10-18-10, AS AMENDED BY P.L.182-2009(ss),
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 10. (a) The state board of finance may lend money
from the fund to entities listed in subsections (e) through (k) for the
purposes specified in those subsections.
(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).
SOURCE: IC 8-10-9-3; (10)SB0339.1.2. -->
SECTION 2. IC 8-10-9-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 3. (a) There is established in each
city to which this chapter applies a waterway management district.
(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.
SOURCE: IC 14-8-2-48; (10)SB0339.1.3. -->
SECTION 3. IC 14-8-2-48, AS AMENDED BY P.L.85-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 48. (a) "Commission", except as provided in
subsections (b) through (r), (q), refers to the natural resources
commission.
(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.
(d) "Commission", for purposes of IC 14-13-3, has the meaning set
forth in IC 14-13-3-1.
(e) (d) "Commission", for purposes of IC 14-13-4, has the meaning
set forth in IC 14-13-4-1.
(f) (e) "Commission", for purposes of IC 14-13-5, has the meaning
set forth in IC 14-13-5-1.
(g) (f) "Commission", for purposes of IC 14-13-6, has the meaning
set forth in IC 14-13-6-2.
(h) (g) "Commission", for purposes of IC 14-14-1, has the meaning
set forth in IC 14-14-1-3.
(i) (h) "Commission", for purposes of IC 14-20-4, has the meaning
set forth in IC 14-20-4-1.
(j) (i) "Commission", for purposes of IC 14-20-11, has the meaning
set forth in IC 14-20-11-1.
(k) (j) "Commission", for purposes of IC 14-21-4, has the meaning
set forth in IC 14-21-4-1.
(l) (k) "Commission", for purposes of IC 14-25-11, has the meaning
set forth in IC 14-25-11-1.
(m) (l) "Commission", for purposes of IC 14-28-4, has the meaning
set forth in IC 14-28-4-1.
(n) (m) "Commission", for purposes of IC 14-30-1, has the meaning
set forth in IC 14-30-1-2.
(o) (n) "Commission", for purposes of IC 14-30-2, has the meaning
set forth in IC 14-30-2-2.
(p) (o) "Commission", for purposes of IC 14-30-3, has the meaning
set forth in IC 14-30-3-2.
(q) (p) "Commission", for purposes of IC 14-30-4, has the meaning
set forth in IC 14-30-4-2.
(r) (q) "Commission", for purposes of IC 14-33-20, has the meaning
set forth in IC 14-33-20-2.
SOURCE: IC 14-8-2-59; (10)SB0339.1.4. -->
SECTION 4. IC 14-8-2-59 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 59. "Corridor" has the
following meaning:
(1) For purposes of IC 14-13-3, the meaning set forth in
IC 14-13-3-2.
(2) (1) For purposes of IC 14-13-4, the meaning set forth in
IC 14-13-4-2.
(3) (2) For purposes of IC 14-13-5, the meaning set forth in
IC 14-13-5-2.
(4) (3) For purposes of IC 14-13-6, the meaning set forth in
IC 14-13-6-3.
SOURCE: IC 36-7-13.5-1; (10)SB0339.1.5. -->
SECTION 5. IC 36-7-13.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. The following
definitions apply throughout this chapter:
(1) "Commission" refers to the
Lake Michigan marina and
shoreline development commission established by section 2 of
this chapter.
(2) "Corridor"
has the meaning set forth in IC 14-13-3-2. means
the strip of land in Indiana abutting Lake Michigan and the
tributaries of Lake Michigan.
(3) "Executive committee" refers to the executive committee of
the commission established by section 13 of this chapter.
(4) "Fund" refers to the shoreline environmental trust fund
established by section 19 of this chapter.
(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.
SOURCE: IC 36-7-13.5-2; (10)SB0339.1.6. -->
SECTION 6. IC 36-7-13.5-2, AS AMENDED BY P.L.33-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 2. The Lake Michigan marina and shoreline
development commission is established.
SOURCE: IC 36-7-13.5-3; (10)SB0339.1.7. -->
SECTION 7. IC 36-7-13.5-3, AS AMENDED BY P.L.33-2008,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 3. The commission consists of the following
members:
(1) The following
voting members:
appointed by the governor:
(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)
representatives members, each
from a
representing and appointed by a different steel company
that owns
land abutting Lake Michigan with a continuous
shoreline of not less than one (1) mile.
(H) One (1)
representative of member to represent and to be
appointed by a company that:
(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) One (1) representative of the department of environmental
management.
(J) One (1) representative of the department of natural
resources.
(K) One (1) representative of the Indiana department of
transportation.
(L) (I) One (1)
representative of member appointed jointly
by the executives of the following municipalities:
(i) Beverly Shores.
(M) One (1) representative of Burns Harbor.
(N) One (1) representative of (ii) Dune Acres.
(O) One (1) representative of (iii) Ogden Dunes.
(J) One (1) member appointed jointly by the executives of
the following municipalities:
(i) Burns Harbor.
(ii) Chesterton.
(iii) Porter.
(P) One (1) representative of the northwest Indiana advisory
board established under IC 13-13-6.
(Q) (K) One (1)
representative of member appointed by a
public utility that owns real property that:
(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.
(R) The port director of the Port of Indiana-Burns Harbor.
(2) One (1) member, preferably from a visitor and tourism
business, appointed by the lieutenant governor.
(3) (L) Two (2) members appointed by the speaker of the
house of representatives who:
(A) (i) are members of the house of representatives;
(B) (ii) represent house districts that have territory within
the corridor; and
(C) (iii) are not affiliated with the same political party.
If
all the house districts that have territory within the corridor
are represented by members of the house of representatives
who are from the same political party, the requirement under
item (iii) cannot be satisfied, the speaker
shall appoint a
member of the house of representatives who represents a
house 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.
(4) (M) Two (2) members appointed by the president pro
tempore of the senate who:
(A) (i) are members of the senate;
(B) (ii) represent senate districts that have territory within
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.
SOURCE: IC 36-7-13.5-4; (10)SB0339.1.8. -->
SECTION 8. IC 36-7-13.5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. (a) The members of
the commission referred to in section 3(1)(G) of this chapter and their
designees may not represent the same steel company.
(b) A member of the commission referred to in section 3(1)(A)
through 3(1)(F) of this chapter may designate an individual to serve on
the commission in the member's place.
SOURCE: IC 36-7-13.5-8; (10)SB0339.1.9. -->
SECTION 9. IC 36-7-13.5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. (a) A quorum of the
commission must be present to conduct the commission's business.
A quorum consists of a majority of the voting members 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.
SOURCE: IC 36-7-13.5-11; (10)SB0339.1.10. -->
SECTION 10. IC 36-7-13.5-11, AS AMENDED BY P.L.4-2005,
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.
SOURCE: IC 36-7-13.5-12; (10)SB0339.1.11. -->
SECTION 11. IC 36-7-13.5-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 12. (a) When necessary
to accomplish the purposes of the commission, the commission may do
the following:
(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.
(b) The commission may (10) Contract for staff services with:
(1) (A) qualified agencies or individuals; or
(2) (B) a regional planning commission established under
IC 36-7-7.
(11) Appoint advisory committees, which may include
representatives of the following:
(A) Municipal parks.
(B) County parks.
(C) National parks.
(D) Port authorities.
SOURCE: IC 36-7-13.5-14; (10)SB0339.1.12. -->
SECTION 12. IC 36-7-13.5-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 14. (a) The executive
committee commission shall elect the following officers from among
the voting members of the executive committee: commission:
(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.
SOURCE: IC 36-7-13.5-17; (10)SB0339.1.13. -->
SECTION 13. IC 36-7-13.5-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 17. The
executive
committee commission shall:
(1)
be responsible for the management of carry out all functions
related to the provision of
environmental grants to political
subdivisions from the
environmental fund
and marina grants
for the purposes set forth in this chapter;
(2) review each
environmental grant application
referred to the
executive committee by the commission under described in
section 11 of this chapter, including the report received from the
department of environmental management under section 22 of
this chapter, to determine whether to approve
a an
environmental grant;
(3) determine the amount of each
environmental grant to a
political subdivision approved by the
executive committee;
commission;
(4) approve, with appropriate signatures, each
environmental
grant that the
executive committee commission determines to
make under this chapter; and
(5) prepare and adopt by majority vote an annual budget for
carrying out the activities of the commission.
SOURCE: IC 36-7-13.5-18; (10)SB0339.1.14. -->
SECTION 14. IC 36-7-13.5-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 18. (a) After approval
of the budget by the executive committee, commission, money may be
expended only as budgeted, unless a majority vote of the executive
committee commission authorizes other expenditures.
(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 executive committee commission
may authorize unbudgeted expenditures from this fund by a majority
vote of the executive committee. commission. However,
unencumbered money appropriated from the environmental fund
at the end of a budget year reverts to the environmental fund.
(c) The executive committee treasurer of the commission is
responsible for the safekeeping and deposit of money the commission
receives under this chapter. The state board of accounts shall:
(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 executive committee commission may
receive, disburse, and handle money belonging to the commission,
subject to the following:
(1) Applicable statutes.
(2) Procedures established by the executive committee.
commission.
SOURCE: IC 36-7-13.5-19; (10)SB0339.1.15. -->
SECTION 15. IC 36-7-13.5-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 19. The shoreline
environmental trust fund is established to provide a source of money
for the following:
(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.
SOURCE: IC 36-7-13.5-20; (10)SB0339.1.16. -->
SECTION 16. IC 36-7-13.5-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 20. (a) The budget
agency shall:
(1) administer the
environmental fund; and
(2) report to the
executive committee commission semiannually:
(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
executive committee
commission under section 17 of this chapter.
(3) The amount budgeted
from the environmental fund by the
executive committee commission for the operations of the
commission.
(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.
SOURCE: IC 36-7-13.5-21; (10)SB0339.1.17. -->
SECTION 17. IC 36-7-13.5-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 21. (a) Before a
political subdivision may receive a an environmental grant from the
environmental fund, the political subdivision must submit to the
department of environmental management and the commission the
following:
(1) A An environmental grant application, in the form prescribed
by the department of environmental management and the
commission, that:
(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 a an environmental grant
under this section for activities under this chapter with respect to:
(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.
SOURCE: IC 36-7-13.5-22; (10)SB0339.1.18. -->
SECTION 18. IC 36-7-13.5-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 22. The department of
environmental management shall do the following under this chapter:
(1) Upon receipt of a an environmental grant application from a
political subdivision under section 21 of this chapter with respect
to a qualifying property, evaluate the technical aspects of the
political subdivision's:
(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.
SOURCE: IC 36-7-13.5-23; (10)SB0339.1.19. -->
SECTION 19. IC 36-7-13.5-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 23. The executive
committee commission shall develop a priority ranking system for
making environmental grants under this chapter based on the
following:
(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 executive committee commission
determines will assist in the implementation of this chapter.
SOURCE: IC 36-7-13.5-24; (10)SB0339.1.20. -->
SECTION 20. IC 36-7-13.5-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 24. (a) Based on the
priority ranking system established under section 23 of this chapter, the
executive committee commission may make
environmental grants
from the
environmental fund to political subdivisions under this
section.
(b)
A An environmental grant must be used for at least one (1) of
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.
SOURCE: IC 36-7-13.5-25; (10)SB0339.1.21. -->
SECTION 21. IC 36-7-13.5-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 25. If:
(1) a private entity offers a political subdivision a donation of
property for which the political subdivision intends to submit a an
environmental grant application under section 21 of this chapter;
and
(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.
SOURCE: IC 36-7-13.5-26; (10)SB0339.1.22. -->
SECTION 22. IC 36-7-13.5-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 26. The executive
committee commission may adopt guidelines or guidance documents
to implement this chapter without complying with IC 4-22-2.
SOURCE: IC 36-7-13.5-27; (10)SB0339.1.23. -->
SECTION 23. IC 36-7-13.5-27 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 27. This chapter does not limit
the power of a participating county, township, port authority, or
municipal corporation to develop or improve a port, terminal, or
lakefront facility.
SOURCE: IC 36-7.5-1-12; (10)SB0339.1.24. -->
SECTION 24. IC 36-7.5-1-12, AS AMENDED BY P.L.47-2006,
SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 12. "Eligible political subdivision" means the
following:
(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) A The Lake Michigan marina and shoreline development
commission under IC 36-7-13.5.
SOURCE: IC 36-7.5-1-12.4; (10)SB0339.1.25. -->
SECTION 25. IC 36-7.5-1-12.4 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]:
Sec. 12.4. "Lake Michigan marina and
shoreline development commission" means the commission
established by IC 36-7-13.5-2.
SOURCE: IC 36-7.5-1-12.5; (10)SB0339.1.26. -->
SECTION 26. IC 36-7.5-1-12.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 12.5. "Lake Michigan marina and
shoreline development commission project" means a project that
can be financed with the proceeds of bonds issued by the Lake
Michigan marina and shoreline development commission.
SOURCE: IC 36-7.5-1-13; (10)SB0339.1.27. -->
SECTION 27. IC 36-7.5-1-13, AS AMENDED BY P.L.47-2006,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 13. "Project" means an airport authority project,
a commuter transportation district project, an economic development
project, a regional bus authority project, a regional transportation
authority project, or a Lake Michigan marina and shoreline
development commission project.
SOURCE: IC 36-7.5-2-1; (10)SB0339.1.28. -->
SECTION 28. IC 36-7.5-2-1, AS AMENDED BY P.L.47-2006,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 1. The northwest Indiana regional development
authority is established as a separate body corporate and politic to carry
out the purposes of this article by:
(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.
SOURCE: IC 36-7.5-3-1; (10)SB0339.1.29. -->
SECTION 29. IC 36-7.5-3-1, AS AMENDED BY P.L.47-2006,
SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 1. The development authority shall do the
following:
(1) Assist in the coordination of local efforts concerning projects.
(2) Assist a commuter transportation district, an airport authority,
a the Lake Michigan marina and shoreline development
commission, a regional transportation authority, and a regional
bus authority in coordinating regional transportation and
economic development efforts.
(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.
SOURCE: IC 36-7.5-3-2; (10)SB0339.1.30. -->
SECTION 30. IC 36-7.5-3-2, AS AMENDED BY P.L.182-2009(ss),
SECTION 424, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 2. (a) The development authority
may do any of the following:
(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)
A The Lake Michigan marina and shoreline
development commission.
(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
a the Lake Michigan marina and
shoreline development commission in carrying out the purposes
of IC 36-7-13.5.
(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.
SOURCE: 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.
; (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.
SOURCE: ; (10)SB0339.1.32. -->
SECTION 32. [EFFECTIVE JULY 1, 2010]
(a) On July 1, 2010,
the rights, duties, property, personnel, liabilities, and contractual
obligations of the following are transferred to the Lake Michigan
marina and shoreline development commission established by
IC 36-7-13.5-2, as amended by this act:
(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.