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, and deletions will appear in this style type.
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    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 administrative rule.
    (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 this section.
    (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 subsection (a).
    (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 facility.
    (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 property.

SOURCE: ; (05)HE1653.1.4. -->     SECTION 4. An emergency is declared for this act.


HEA 1653

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