Provides that a wastewater utility that is not subject to the jurisdiction of the Indiana utility regulatory commission (commission) and that receives wholesale wastewater service from another wastewater utility may not: (1) disconnect from wholesale wastewater service provided by the other wastewater utility; and (2) construct a new wastewater treatment plant to serve its customers; unless the wastewater utility obtains the approval of the commission. Requires: (1) a regional sewage district; or (2) certain municipalities; at least 90 days before requiring the connection of a property to a sewer system and the discontinuance of use of the property's septic system, to notify the property's owner about a statutory exemption from the requirement to connect to the sewer system that may apply to the property. Requires the Indiana department of health to update: (1) all matters incorporated by reference in the Indiana department of health rules concerning residential onsite sewage systems (the rules); and (2) all industry standard practices reflected in the rules; upon the recognition of new bulletins, standards, specifications, and industry standard practices that supersede the bulletins, standards, specifications, and industry standard practices incorporated by reference or otherwise reflected in the rules. Provides that the technical review panel must approve the updates before the Indiana department of health may update the rules. Provides that a county, city, or town ordinance that would restrict or prohibit the use of technology new to Indiana that has been approved by the technical review panel or that would otherwise vary from the rules: (1) if adopted after June 30, 2023, is not effective unless it is submitted to and approved by the technical review panel; and (2) if adopted before July 1, 2023, becomes void and unenforceable on July 1, 2023. Allows such an ordinance: (1) to be readopted by the legislative body of the county, city, or town; and (2) to be submitted to and approved by the technical review panel. Prohibits the installation of a residential onsite sewage system less than 25 feet from the edge of a sinkhole. Provides that an ordinance adopted by a local health department requiring an inspection of a septic system that is more stringent than the Indiana department of health's rule concerning residential onsite sewage systems is void and unenforceable. Provides that if a qualified professional listed in this bill has approved the design and specifications for the residential onsite sewage system, the local health department shall issue a permit for the residential onsite sewage system not more than 30 business days after receiving a complete application for the permit. Provides that a residential onsite sewage system may be installed in a lot meeting a certain description if at least one site on the lot is determined to be suitable for the installation of the residential onsite sewage system. Prohibits an employee of a local health department from entering a property to inspect a residential onsite sewage system: (1) if qualified professional listed in the bill has notified the local health department within the preceding 180 days that the residential onsite sewage system is functioning properly; or (2) if the owner or occupant has not been notified of the inspection by first class mail at least seven days before the inspection date. Provides the procedures for an owner or occupant of a property in which the local health department has determined that a residential onsite sewage system is in failure to receive a second opinion in order to withdraw the local health department's order. Provides that an individual who: (1) is registered with at least one Indiana county to provide onsite sewage system service; and (2) is certified as an inspector or installer by the Indiana Onsite Wastewater Professionals Association is entitled to provide onsite sewage system service in any county in Indiana, but may be required to pay a county license or registration fee before providing onsite sewage system service in a county other than the county in which the individual is licensed.
Sponsored bills
Defines "aboveground storage tank" as a tank or combination of tanks that is at least 90% above the surface of the ground, that has a capacity of more than 1,500 gallons but not more than 20,000 gallons, and that is used for the bulk storage and distribution of motor fuel to retailers or used at an airport. Changes the name of the underground petroleum storage excess liability fund to the "petroleum storage excess liability fund" (ELTF). Changes the name of the underground storage tank financial assurance board to the "petroleum storage tank financial assurance board" (financial assurance board). Transfers, from the state fire marshal and the fire prevention and building safety commission to the department of environmental management (department) and the environmental rules board, the authority to issue certificates for people who install, test, or decommission underground or aboveground storage tanks. Transfers rules concerning the certification program. Authorizes the use of the ELTF to provide a source of money to satisfy liabilities for corrective action involving aboveground storage tanks. Authorizes the use of the ELTF to provide reimbursement of 50% of costs of decommissioning or replacing underground petroleum storage tanks subject to certain conditions, but limits the total amounts that can be paid from the ELTF each year for this purpose. Requires the financial assurance board to adopt: (1) rules concerning this reimbursement program; and (2) rules under which ELTF eligibility and funding may be reopened for a release previously granted "no further action" status by the department. Provides that a subsequent owner of a property on which a restrictive covenant has been placed because of soil or water contamination due to a leaking underground or aboveground storage tank is eligible for reimbursement from the ELTF of remediation expenses if the tank was registered and all annual fees for the tank were paid before the eligible release. Provides that the commissioner of the department (commissioner) may not: (1) issue an order to secure compliance; or (2) proceed in court; to require the owner or operator of an underground storage tank to undertake corrective action with respect to a release of petroleum until the commissioner has received and reviewed the initial site characterization of the site of the release. Provides that, if a quantity of the released petroleum remains or may remain underground at a site, the commissioner is prohibited from: (1) requesting that the owner or operator execute a restrictive covenant applying to the site; (2) making a determination of no further action being required at the site; or (3) approving closure of the site; unless the commissioner has received and reviewed the initial site characterization, but allows the commissioner to require the owner or operator to undertake corrective action at the site before reviewing the initial site characterization in case of a threat to human health or the environment. Establishes requirements for initial site characterizations. Provides that a qualified environmental professional, upon behalf of a tank owner, may request a waiver of the initial site characterization requirements and suggest an alternative procedure. Provides that the fee for the inspection of gasoline or kerosene: (1) applies to "avgas" (aviation fuel used in piston engine powered aircraft) in the same manner and to the same extent as it applies to gasoline; and (2) applies to jet fuel in the same manner and to the same extent as it applies to kerosene. Establishes an aviation fuel account (account) within the ELTF and requires that the inspection fees on avgas and jet fuel be deposited in the account. Provides that the account may be used only for financial responsibility, corrective action, third party indemnification, and administration expenses related to avgas and jet fuel.
Requires the public finance director to prepare an annual report to the general assembly that provides information on the programs of the Indiana finance authority under which the drinking water in schools, preschools, and child care facilities is tested for the presence of lead. Requires the owner or operator having authority over a child care facility or a preschool to test the drinking water in the child care facility or preschool before January 1, 2026, unless the drinking water in the child care facility or preschool has already been tested through a lead sampling program conducted by the Indiana finance authority. Provides that if the testing of the drinking water in a child care facility or preschool indicates that the presence of lead in the drinking water equals or exceeds the action level for lead (15 parts per billion), the owner or operator of the child care facility or preschool shall take action to: (1) eliminate the source of the lead in the drinking water; or (2) install a water filtration system. Establishes requirements applying to a water filtration system installed in a child care facility or preschool. Requires the environmental rules board to adopt rules, including emergency rules, that conform with the Lead and Copper Rule Improvements proposed rule that is being developed by the U.S. Environmental Protection Agency.
Requires a public utility company that owns or operates a wind power device after a change in ownership of the wind power device to report, when filing its first statement of value and description of property with the department of local government finance (department), the valuation of the device at the same valuation amount that the previous owner reported on the previous owner's last annual report before the change in ownership if the valuation amount that the acquiring public utility company would otherwise enter on its first report is lower than the valuation amount at which the previous owner valued the wind power device before the change in ownership. Requires the new owner, for years subsequent to the first year after the change in ownership, to calculate and report the valuation of the wind power device in accordance with: (1) the statute concerning the taxation of public utility companies; and (2) rules prescribed by the department. Provides that for any year subsequent to the first year after the change in ownership of a wind power device, the department, in determining the just value of the property, shall not consider valuations determined by another governmental agency. Provides that these requirements do not apply to a public utility company that owns or operates one or more wind power devices and that has signed or countersigned an economic development agreement, or another financial agreement, that is entered into: (1) with the county in which the public utility company's wind power devices are located; and (2) for the purpose of repowering, or upgrading the technology used in, the wind power devices; before a sale or transfer of the wind power devices. Requires the department to make necessary conforming changes to the annual report form. Requires the Indiana utility regulatory commission to include a provision in an order declining to exercise jurisdiction over a public utility company that: (1) owns or operates one or more wind power devices; or (2) plans to own or operate one or more wind power devices; requiring the public utility to notify the department of any change in ownership of the wind power devices. Requires that before November 1, 2024, and before November 1, 2025, the department shall prepare, submit in an electronic format, and present a report on: (1) the valuation of wind power devices; and (2) the department's progress in implementing the bill's provisions; to the interim study committee on energy, utilities, and telecommunications. Amends the Indiana Code provision that sets forth how the department is to determine the just value of the property of a public utility company to provide an exception from the specified procedures with respect to the determination of the just value of wind power devices.
Provides that a committee, board, commission, or task force (committee) created by the general assembly after June 30, 2023, expires if the committee does not meet within two years after the effective date of the statute creating the committee. Provides that the statutes creating the following compacts expire July 1, 2025: (1) The Interstate Jobs Protection Compact. (2) The Interstate High Speed Intercity Rail Passenger Network Compact. (3) The Interstate Compact on Community Corrections Transfers. Requires the governor to give notice to each state, if any, that is a party to each compact that the state of Indiana is withdrawing from the compact. Requires the governor to certify before January 1, 2024, with respect to each compact, that notice either: (1) has been given regarding Indiana's withdrawal from the compact; or (2) was not required to be given because there are no other party states to which to give notice.
Provides that the amount of foster care support tax credits allowed may not exceed $2,000,000 in each calendar year beginning after December 31, 2023, and ending before January 1, 2028. Requires the department of state revenue (department) to post certain information regarding the: (1) application for the tax credit; (2) timeline for receiving the tax credit; and (3) total amount of tax credits awarded during the current calendar year; on the department's website. Makes various changes to the process to apply for the tax credit. Provides that money in the insuring foster youth trust fund (fund) at the end of a state fiscal year does not revert to the state general fund. Provides that the fund's administrative expenses may not exceed 10% of the amounts deposited into the fund. Provides, in addition to inpatients of state or federally owned or operated hospitals or institutions and their supervisors, that the department of natural resources (DNR) may not charge an admission fee to foster families who reside together in the same licensed foster family home, or other certain foster youth, for the use of any property owned or managed by the DNR for purposes of the statutes concerning state parks and recreation areas. Requires the department of child services to make available a list provided by the Insurance Institute of Indiana that identifies insurers that may provide automobile insurance coverage for a minor without a guardian cosigner. Requires the Indiana assigned risk automobile insurance plan, subject to the rules of the plan, to make automobile insurance available to a foster youth who is between 16 and 23 years of age and is receiving services from the department of child services. Provides that a state or local government agency, a foster parent, or an entity providing services shall not be liable for any damages resulting from a foster youth's operation of an automobile owned and insured by the foster youth.
Provides that if a community water system that discharges wastewater into the Ohio River demonstrates to the satisfaction of the department of environmental management that the discharged wastewater does not increase the mass of mercury in the Ohio River by an amount greater than the mass of mercury in the water withdrawn from the Ohio River by the community water system: (1) the community water system's discharge into the Ohio River shall not be considered to cause, have a reasonable potential to cause, or contribute to an excursion above any applicable water quality standard governing mercury in the Ohio River; and (2) no water quality-based effluent limitations for mercury shall be required in a new or renewal NPDES permit issued to the community water system.
Allows a county auditor, upon the county fiscal body's determination that money in the county elected officials training fund (fund) is in excess of the fund's expenses, to transfer the excess money to the county recorder's records perpetuation fund. Provides that the transfer must be made not later than December 31, 2023. Provides that a county fiscal body may use money in the county elected officials training fund for certain training for county council members.
A CONCURRENT RESOLUTION celebrating the achievements and contributions of Hoosier environmental leader Tim Maloney on his retirement.
Extends the expiration date of language specifying Medicaid reimbursement of certain out of state children's hospitals.