First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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will appear in that style type in the introductory clause of each SECTION that adds
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between statutes enacted by the 2004 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1653
AN ACT to amend the Indiana Code concerning state and local administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-4-11-44; (05)HE1653.1.1. -->
SECTION 1. IC 4-4-11-44 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 44. (a) As used in this section, "permit"
means any state agency permit, license, certificate, approval,
registration, or similar form of approval required by a statute or
(b) The shovel ready site development center is established
within the authority. The center has the following duties:
(1) Providing comprehensive information on permits required
for business activities in Indiana, and making this information
available to any person.
(2) Working with other state government offices,
departments, and administrative entities in assisting
applicants in obtaining timely and efficient permit review and
the resolution of issues arising from permit review.
(3) Encouraging the participation of federal and local
government agencies in permit coordination.
SOURCE: IC 4-4-11-45; (05)HE1653.1.2. -->
SECTION 2. IC 4-4-11-45 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 45. (a) As used this section, "permit"
means any local, state, or federal agency permit, license, certificate,
approval, registration, or similar form of approval required by
statute, administrative rule, regulation, ordinance, or resolution.
(b) In addition to the duties set forth in section 44 of this
chapter, the shovel ready site development center shall, in
cooperation with political subdivisions, create programs to enable
political subdivisions to obtain all or part of any permits to create
sites that are ready for economic development.
SOURCE: IC 13-25-4-8; (05)HE1653.1.3. -->
SECTION 3. IC 13-25-4-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. (a) Except as
provided in subsection (b), (c), or (d), a person that is liable under
Section 107(a) of CERCLA (42 U.S.C. 9607(a)) for:
(1) the costs of removal or remedial action incurred by the
commissioner consistent with the national contingency plan;
(2) the costs of any health assessment or health effects study
carried out by or on behalf of the commissioner under Section
104(i) of CERCLA (42 U.S.C. 9604(i)); or
(3) damages for:
(A) injury to;
(B) destruction of; or
(C) loss of;
natural resources of Indiana;
is liable, in the same manner and to the same extent, to the state under
(b) The exceptions provided by
Section 107(b) Sections 107(b),
107(q), and 107(r)
of CERCLA (42 U.S.C. 9607(b)) to liability
otherwise imposed by Section 107(a) of CERCLA (42 U.S.C. 9607(a))
are equally applicable to any liability otherwise imposed under
(c) Notwithstanding any liability imposed by the environmental
management laws, a lender, a secured or unsecured creditor, or a
fiduciary is not liable under the environmental management laws, in
connection with the release or threatened release of a hazardous
substance from a facility unless the lender, the fiduciary, or creditor has
participated in the management of the hazardous substance at the
(d) Notwithstanding any liability imposed by the environmental
management laws, the liability of a fiduciary for a release or threatened
release of a hazardous substance from a facility that is held by the
fiduciary in its fiduciary capacity may be satisfied only from the assets
held by the fiduciary in the same estate or trust as the facility that gives
rise to the liability.
(e) A political subdivision (as defined in IC 36-1-2-13) is not liable
to the state under this section for costs or damages associated with the
presence of a hazardous substance on, in, or at a property in which the
political subdivision acquired an interest in the property:
(1) under IC 6-1.1-24 or IC 6-1.1-25, bankruptcy, abandonment,
or other circumstances in which the political subdivision
involuntarily acquired an interest in the property; or
(2) to conduct remedial actions on a brownfield;
after the hazardous substance was disposed of or placed on, in, or at the
SOURCE: ; (05)HE1653.1.4. -->
SECTION 4. An emergency is declared for this act.
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