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Bill Watch, Jan. 31, 2020: Current Environmental Legislation of Note - Environmental Law News

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Environmental Law News


Posted on: Feb 4, 2020

The IndyBar Legislative Committee is currently monitoring the following environmental law related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Mindy Westrick at mwestrick@indianaenergy.org.

Click here to view the full Bill Watch reports.

HB1113    DEPARTMENT OF LOCAL GOVERNMENT FINANCE. (LEONARD D) Changes the deadline for reporting bonds issued or leases executed after September 30. Changes the defined term "assessed value growth quotient" to the term "maximum levy growth quotient" without changing the definition. Allows the department of local government finance (DLGF) to amend certain rules to conform with statutory changes. Changes the deadline before which a township or county assessor must provide notice of the amount of assessment or reassessment. Requires counties to provide data related to property taxation to the DLGF. (Current law requires counties to provide the data to the DLGF and the legislative services agency.) Defines the term "yard improvements" in connection with the assessment of a golf course. Eliminates unnecessary information from the sales disclosure form. Changes the term "industrial facility" in the statutes concerned with the assessment of industrial facilities. Prohibits township assessors and vendors who contract with county assessors or townships from assessing industrial facilities in Lake County. Establishes floating deadlines for assessing officials or the county property tax board of appeals to act when making changes in the assessed value of personal property or issuing a determination in an appeal of a change in assessed value of personal property. Changes the debt service obligation reporting date. Provides that a political subdivision shall submit the date, time, and place of the final adoption of the budget, tax rate, and levy through the department's computer gateway. Requires a political subdivision to indicate on its budget ordinance whether the political subdivision intends to issue debt after December 1 or file a shortfall appeal. Requires a political subdivision that makes an additional unbudgeted appropriation to submit the additional appropriation to the department within 15 days after the additional appropriation is adopted. Provides that a county treasurer shall transmit the statement describing a taxpayer's property tax liability and the notice of assessment together to the taxpayer before April 15 each year. Eliminates the use of the state address confidentiality form to submit a request to restrict access to a covered person's address maintained in a public property data base. Provides that if a taxpayer is owed a refund that exceeds $100,000 for excessive property taxes paid on real property, a county auditor may pay the property tax refund in equal installments of property tax credits for up to five years. Requires the DLGF to provide certain assessment and tax data to the legislative services agency within one business day of receipt. Eliminates the requirement that a candidate for an assessor-appraiser examination be an Indiana resident. Eliminates the restriction that a representative of a taxpayer in a proceeding before the Indiana board of tax review must be an attorney if a matter under consideration in the proceeding is a claim that taxes are illegal as a matter of law. Provides that if an adopting body under the local income tax law wishes to submit a proposed notice, ordinance, or resolution to the department for preliminary review, the adopting body shall submit the notice, ordinance, or resolution on the prescribed forms. Eliminates the requirement in the context of teacher collective bargaining for the department to certify the amount of an operating referendum tax levy or a school safety referendum tax levy. Transfers responsibility for reporting by political subdivisions of other post-employment benefits from the department to the state board of accounts. Aligns the deadline for public libraries to adopt a budget with the general deadline to adopt a budget. Rephrases and reorganizes various provisions. Makes technical changes.

HB1309 DEPARTMENT OF ENVIRONMENTAL MANAGEMENT. (WOLKINS D) Amends the law concerning the property tax exemption for industrial waste control facilities to: (1) require the property owner seeking the exemption to certify that the property for which the exemption is claimed meets the exemption requirements; and (2) provide for the township assessor or county assessor, instead of the department of environmental management (department), to allow or deny the claimed exemption. Amends the law concerning assessed value deductions for hydroelectric power devices and geothermal energy heating or cooling devices to: (1) eliminate the requirement that the department determine whether a system or device qualifies for the deduction; and (2) provide that the township assessor or county assessor may consult with the department in determining whether to verify the certified statement of the property owner concerning a claimed deduction. Eliminates the requirement that the department itself, at least once per year, administer a certification examination for operators of water treatment plants, water distribution systems, and wastewater treatment plants. Requires instead the department to ensure that the examination is administered at least once per year, and allows the examination to be administered by independent third parties authorized by the commissioner of the department.
 
HB1337 NOTIFICATION OF WATER UTILITIES AND WATER TREATMENT FACILITIES. (HATFIELD R) Provides that the environmental rules board shall amend provisions within the administrative rules governing spills to provide for notification to a water utility and water treatment facility by a responsible party in the case of a spill or permit exceedance that may cause a threat to human health or the environment or otherwise impact the operation of a water utility or water treatment facility.
 
HB1403 WASTE TIRES. (WOLKINS D) Adds a definition of "used tire", for purposes of the law governing solid waste management. Makes a change to the definition of "waste tire processing operation". Adds requirements for the adoption of administrative rules concerning the regulation of waste tire storage sites and waste tire processing operations.

SB43    FRAUD CONSOLIDATION. (YOUNG M) Repeals and consolidates various fraud, deception, and mischief offenses. Defines "financial institution" for purposes of crimes involving financial institutions. Defines "item of sentimental value" and enhances the penalties for mischief, theft, and fraud if the offense involves an item of sentimental value. Makes conforming amendments. (The introduced version of this bill was prepared by the interim study committee on corrections and criminal code.)

SB229    MAINTENANCE OF REGULATED DRAINS. (SPARTZ V) Provides that a permit is not required from the Indiana department of environmental management for the reconstruction or maintenance of regulated drains for purposes of the law concerning state regulated wetlands.

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