reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 11. Supplemental Drinking Water and Wastewater Assistance Program › 5-1.2-11-9. Discretion of the Authority

Sec. 9. This chapter does not require the authority to provide a loan or other financial assistance to any participant to the extent the authority determines loan or financial assistance is not in the best interests of the supplemental program and the authority.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 11. Supplemental Drinking Water and Wastewater Assistance Program › 5-1.2-11-10. Loans or Other Financial Assistance; Necessary Documents

Sec. 10. A loan or other financial assistance from the fund must be accompanied by the following:
(1) All papers and opinions required by the authority.
(2) Unless otherwise provided by the guidelines of the authority, the following:
(A) An approving opinion of nationally recognized bond counsel.
(B) A certification and guarantee of signatures.
(C) A certification that, as of the date of the loan or other financial assistance:
(i) no litigation is pending challenging the validity of or entry into the loan or other financial assistance or any security for the loan or other financial assistance; or
(ii) if litigation is pending, the litigation will not have a material adverse effect on the validity of the loan or other financial assistance or any security for the loan or other financial assistance.
(D) If litigation is pending, as an alternative to the certification described in clause (C), an opinion of legal counsel that the litigation will not have a material adverse effect on the validity of the loan or other financial assistance.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 11. Supplemental Drinking Water and Wastewater Assistance Program › 5-1.2-11-11. Financial Assistance Agreement

Sec. 11. A participant receiving a grant, loan, or other financial assistance from the supplemental fund shall enter into a financial assistance agreement. A financial assistance agreement related to the supplemental program is a valid, binding, and enforceable agreement of the participant.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 11.5. Monitoring, Study, and Assessment by the Indiana Finance Authority › 5-1.2-11.5-1. "Governmental Requirement"

Sec. 1. As used in this chapter, "governmental requirement" means a requirement imposed on a utility by a governmental unit in connection with:
(1) the federal Clean Water Act (33 U.S.C. 1251 et seq.);
(2) the federal Safe Drinking Water Act (42 U.S.C. 300f et seq.); or
(3) any other law, order, rule, or regulation administered or issued by the United States Environmental Protection Agency, the department of environmental management, or the department of natural resources in connection with the federal Clean Water Act or the federal Safe Drinking Water Act.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 11.5. Monitoring, Study, and Assessment by the Indiana Finance Authority › 5-1.2-11.5-2. "Utility"

Sec. 2. As used in this chapter, "utility" means:
(1) a public utility (as defined in IC 8-1-2-1(a));
(2) a municipally owned utility (as defined in IC 8-1-2-1(h)); or
(3) a not-for-profit utility (as defined in IC 8-1-2-125(a));
that provides water or wastewater service to the public.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 11.5. Monitoring, Study, and Assessment by the Indiana Finance Authority › 5-1.2-11.5-3. Safe Drinking Water; Duty to Monitor Utilities

Sec. 3. The authority shall monitor and study events and conditions that bear upon the ability of utilities to provide clean and safe drinking water in Indiana for the foreseeable future, including the ability of utilities to directly or indirectly fund the increasing costs of meeting governmental requirements.
As added by P.L.189-2018, SEC.25. Amended by P.L.10-2019, SEC.22.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 11.5. Monitoring, Study, and Assessment by the Indiana Finance Authority › 5-1.2-11.5-4. Powers

Sec. 4. The powers of the authority under section 3 of this chapter include the following:
(1) Assessing issues related to service line ownership and replacement.
(2) Assessing the challenges that utilities are likely to encounter as they become subject to more stringent governmental requirements.
(3) Studying cost recovery mechanisms that enable utilities to respond quickly to system needs.
(4) Monitoring the growing costs for utilities in complying with consent decrees related to governmental requirements.
(5) Studying regional water ownership issues, including cross-border issues.
As added by P.L.189-2018, SEC.25. Amended by P.L.10-2019, SEC.23.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 11.5. Monitoring, Study, and Assessment by the Indiana Finance Authority › 5-1.2-11.5-5. Study Areas

Sec. 5. (a) For the purposes of this chapter, the authority shall divide the state of Indiana into study areas.
(b) Each study area created under this section must consist of multiple counties. In selecting the counties to comprise each study area, the authority may consider similarities among the counties in:
(1) the watersheds in which they are located;
(2) the water sources that are available in them; and
(3) any other factors the authority considers relevant.
As added by P.L.15-2019, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 11.5. Monitoring, Study, and Assessment by the Indiana Finance Authority › 5-1.2-11.5-6. Annual Meeting; Other Meetings; Report

Sec. 6. (a) The authority shall hold an annual meeting with the officers and employees of the utilities located in each study area created under section 5 of this chapter to:
(1) set expectations for the utilities' activities under this section;
(2) provide training; and
(3) conduct communications;
as the authority considers appropriate.
(b) In addition to attending the annual meetings held under subsection (a), the utilities in each study area may meet voluntarily on a periodic basis as they consider appropriate.
(c) In the meetings held under subsections (a) and (b), the utilities of a study area shall determine the water and wastewater priorities of the study area, establish future meeting agendas, and consider other matters related to the function of the study area, including the following:
(1) Promoting cooperation among the utilities located in the study area.
(2) Promoting mutual assistance among utilities located in the study area.
(3) Facilitating needed investment in the water and wastewater infrastructure of utilities in the study area.
(4) Protecting public health.
(5) The prudent management of water resources.
(6) Projecting the water demand and water needs of the study area for a planning horizon of at least twenty-five (25) years.
(d) Not later than:
(1) March 1, 2021; and
(2) March 1 of each odd-numbered year after 2021;
the utilities of each study area shall file a report with the authority on a form provided by the authority summarizing the activities undertaken by the utilities of the study area concerning the matters set forth in subsection (c).
(e) Not later than:
(1) November 1, 2021; and
(2) November 1 of each odd-numbered year after 2021;
the authority shall compile a report summarizing the activities undertaken by the utilities of all study areas concerning the matters set forth in subsection (c).
(f) A utility may participate in activities undertaken under this section in more than one (1) study area.
As added by P.L.15-2019, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 11.5. Monitoring, Study, and Assessment by the Indiana Finance Authority › 5-1.2-11.5-7. Participation a Prerequisite to Financial Assistance

Sec. 7. To apply to the authority for a loan, a grant, or other financial assistance from:
(1) the drinking water revolving loan program established by IC 5-1.2-10; or
(2) the water infrastructure assistance program established by IC 5-1.2-14;
a utility must demonstrate to the authority that its officers and employees have participated in study area activities under section 6 of this chapter.
As added by P.L.15-2019, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 11.5. Monitoring, Study, and Assessment by the Indiana Finance Authority › 5-1.2-11.5-8. Rules

Sec. 8. The authority may adopt rules under IC 4-22-2 concerning the administration of this chapter, including rules addressing the standard for a utility's minimum participation in study area activities under section 6 of this chapter.
As added by P.L.15-2019, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 11.5. Monitoring, Study, and Assessment by the Indiana Finance Authority › 5-1.2-11.5-9. Authority to Coordinate Drinking Water and Wastewater Programs; Cooperation, Consultation, and Collaboration; Data Usage

Sec. 9. (a) The authority shall coordinate the executive branch activities related to the state's drinking water and wastewater programs. The authority's duties under this section include the following:
(1) Serving as the executive branch coordinator of drinking water and wastewater related programs and activities of the state.
(2) Serving as the executive branch coordinator for funding allocated or made available to the state or local communities from federal, state, and other sources for purposes related to drinking water, wastewater, or storm water infrastructure and systems. The authority's duties under this subdivision include:
(A) communicating with utilities, local communities, and state agencies about the availability of funds;
(B) vetting proposals for, and potential recipients of, available funds; and
(C) directing available funds to and among utilities, local communities, and state agencies;
as appropriate.
(3) Advising state agencies and political subdivisions, and coordinating their activities, regarding best practices concerning the best use of funding streams and incentives in the manner most likely to achieve comprehensive drinking water and wastewater related data collection and regional collaboration in drinking water and wastewater service.
(4) Promoting and coordinating the collection and sharing of information throughout Indiana concerning drinking water and wastewater service.
(5) Providing leadership regarding investment, affordability, supply, and economic development related to drinking water and wastewater service.
(b) All instrumentalities, agencies, authorities, boards, and commissions of the state, including the management performance hub established by IC 4-3-26, shall cooperate with and provide assistance to the authority in carrying out the authority's duties under this section.
(c) In carrying out the authority's duties under subsection (a)(3) and (a)(4), the authority may consult and collaborate with, and draw on the technical expertise of, the drinking water and wastewater infrastructure research and extension program authorized by section 10 of this chapter, as appropriate.
(d) In carrying out the authority's duties under this section, the authority shall use any data the authority acquires in a manner that:
(1) protects the confidential information of individual drinking water utilities, wastewater utilities, and their customers; and
(2) is consistent with IC 5-14-3-4.
As added by P.L.15-2019, SEC.6. Amended by P.L.18-2022, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 12. Indiana Brownfields Program › 5-1.2-12-2. Indiana Brownfields Program; Establishment; Purposes

Sec. 2. The Indiana brownfields program is established to assist in the remediation of brownfields to encourage the rehabilitation, redevelopment, and reuse of real property by providing grants, loans, forgivable loans, awards of professional services, or other financial assistance to or for the benefit of political subdivisions to conduct any of the following activities:
(1) Identification and acquisition of brownfields within a political subdivision as suitable candidates for redevelopment.
(2) Environmental assessment of identified brownfields, including assessment of petroleum and hazardous substances contamination, and other activities necessary or convenient to complete the environmental assessments.
(3) Remediation activities conducted on brownfields, including:
(A) remediation of petroleum and hazardous substances contamination; and
(B) other activities necessary or convenient to complete remediation activities conducted on brownfields, including clearance of real property.
(4) Other activities in conjunction with assessment and remediation activities necessary or convenient to prepare a brownfield for redevelopment.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 12. Indiana Brownfields Program › 5-1.2-12-3. Indiana Brownfields Fund

Sec. 3. (a) The Indiana brownfields fund is established to provide money for grants, loans, and other financial assistance to or for the benefit of political subdivisions under this chapter. The authority shall administer, hold, and manage the Indiana brownfields fund.
(b) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(c) Expenses of administering the Indiana brownfields fund shall be paid from money in the Indiana brownfields fund.
(d) The Indiana brownfields fund consists of the following:
(1) Appropriations made by the general assembly.
(2) Grants and gifts intended for deposit in the Indiana brownfields fund.
(3) Repayments of loans and other financial assistance from the Indiana brownfields fund, including premiums, interest, and penalties.
(4) Proceeds from the sale of loans and other financial assistance under section 8 of this chapter.
(5) Interest, premiums, gains, or other earnings on the Indiana brownfields fund.
(6) Money transferred from the hazardous substances response trust fund under IC 13-25-4-1(a)(9).
(7) Fees collected under section 6 of this chapter.
(8) Money transferred from the petroleum storage tank excess liability trust fund under IC 13-23-7 for the purpose of environmental assessment and remediation on a property containing at least one (1) underground storage tank or aboveground storage tank.
(9) Money transferred from the petroleum trust fund under IC 13-23-12-4(1) for the purpose of corrective actions that involve releases of regulated substances from underground storage tanks or aboveground storage tanks and are ineligible to receive funds from the petroleum storage tank excess liability trust fund under IC 13-23-7.
(e) The authority shall invest the money in the Indiana brownfields fund not currently needed to meet the obligations of the Indiana brownfields fund in accordance with an investment policy adopted by the authority. Interest, premiums, gains, or other earnings from the investments shall be credited to and deposited in the Indiana brownfields fund.
(f) As an alternative to subsection (e), the authority may invest or cause to be invested all or a part of the Indiana brownfields fund in a fiduciary account or accounts with a trustee that is a financial institution. Notwithstanding any other law, any investment may be made by the trustee in accordance with one (1) or more trust agreements or indentures. A trust agreement or indenture may allow disbursements by the trustee to the authority, a participant, or any other person as provided in the trust agreement or indenture.
As added by P.L.189-2018, SEC.25. Amended by P.L.10-2019, SEC.24; P.L.176-2023, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 12. Indiana Brownfields Program › 5-1.2-12-5. Additional Powers

Sec. 5. The authority may do the following:
(1) Employ:
(A) fiscal consultants;
(B) environmental consultants;
(C) engineers;
(D) bond counsel;
(E) other special counsel;
(F) accountants; and
(G) any other consultants, employees, and agents;
that the authority considers necessary to carry out the purposes of this chapter.
(2) Fix and pay the compensation of persons employed under subdivision (1) from money available in the Indiana brownfields fund or otherwise made available for the Indiana brownfields program.
(3) Provide services to a private individual or entity, nonprofit entity, or political subdivision in connection with a loan or other financial assistance, including advisory and other services.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 12. Indiana Brownfields Program › 5-1.2-12-6. Fees

Sec. 6. (a) The authority may provide services to a person (as defined in IC 13-11-2-158(a)) in connection with financial assistance, technical assistance, and liability clarification, and may assess and collect a fee for:
(1) services provided to offset the costs of providing the services; and
(2) costs and services incurred in the review or consideration of an application for a proposed loan or other financial assistance to or for the benefit of a political subdivision under this chapter, regardless of whether the application is approved or rejected.
(b) A political subdivision may pay fees charged under this section.
(c) The authority shall adopt guidelines for the assessment and collection of fees under this section.
(d) Fees collected under this section shall be deposited in the Indiana brownfields fund.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 12. Indiana Brownfields Program › 5-1.2-12-7. Priority Ranking System

Sec. 7. The authority shall use a priority ranking system in making loans and providing other financial assistance under this chapter based on the following:
(1) Socioeconomic distress in an area, as determined by the poverty level and unemployment rate in the area.
(2) The technical evaluation under section 4(a)(8)(A), 4(a)(8)(B), and 4(a)(8)(C) of this chapter.
(3) Other factors determined by the authority, including the following:
(A) The number and quality of jobs that would be generated by a project.
(B) Housing, recreational, and educational needs of communities.
(C) Any other factors the authority determines will assist in the implementation of this chapter.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 12. Indiana Brownfields Program › 5-1.2-12-9. Loans or Other Financial Assistance; Necessary Documents

Sec. 9. A loan or other financial assistance from the fund must be accompanied by the following:
(1) All papers and opinions required by the authority.
(2) Unless otherwise provided by the guidelines of the authority, the following:
(A) An approving opinion of nationally recognized bond counsel.
(B) A certification and guarantee of signatures.
(C) A certification that, as of the date of the loan or other financial assistance:
(i) no litigation is pending challenging the validity of or entry into the loan or other financial assistance or any security for the loan or other financial assistance; or
(ii) if litigation is pending, the litigation will not have a material adverse effect on the validity of the loan or other financial assistance or any security for the loan or other financial assistance.
(D) If litigation is pending, as an alternative to the certification described in clause (C), an opinion of legal counsel that the litigation will not have a material adverse effect on the validity of the loan or other financial assistance.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 12. Indiana Brownfields Program › 5-1.2-12-11. Leveraged Loan Program; Authorization

Sec. 11. (a) As an alternative to making loans or providing other financial assistance to private individuals or entities, nonprofit entities, or political subdivisions, the authority may use the money in the Indiana brownfields fund to provide a leveraged loan program and other financial assistance programs to or for the benefit of political subdivisions, including using money in the Indiana brownfields fund to enhance a private individual or entity's, nonprofit entity's, or political subdivision's obligations under this chapter by:
(1) granting money to:
(A) be deposited in:
(i) a capital fund or reserve fund established under IC 5-1.2-4 or another law, including this chapter; or
(ii) any account established within the Indiana brownfields fund; or
(B) provide interest subsidies;
(2) paying bond insurance premiums, reserve insurance premiums, or credit enhancement, liquidity support, remarketing, or conversion fees, or other similar fees or costs for obligations of a political subdivision or for bonds or other obligations issued by a trustee that is a financial institution for a grantor trust or the authority if credit market access is improved or interest rates are reduced; or
(3) guaranteeing all or a part of obligations issued by political subdivisions or of bonds or other obligations issued by a trustee that is a financial institution for a grantor trust or the authority.
(b) The authority may enter into any agreements with:
(1) a trustee that is a financial institution for a grantor trust; or
(2) private individuals or entities, nonprofit entities, or political subdivisions;
to carry out this chapter.
(c) A guarantee of obligations or bonds under subsection (a)(3) must be limited to money in the Indiana brownfields fund. A guarantee under subsection (a)(3) does not create a liability or an indebtedness of the state or of the authority except, in the case of the authority, strictly in accordance with the guarantee terms.
(d) Notwithstanding any other law, the authority is considered a qualified entity for purposes of IC 5-1.5.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 12. Indiana Brownfields Program › 5-1.2-12-12. Authorization to Issue, Guarantee, and Sell Obligations

Sec. 12. (a) Notwithstanding any other law and in addition to any other law, including this article, the authority may issue, guarantee, and sell its revenue bonds, notes, and other obligations and guarantee loans and other financial assistance in connection with the Indiana brownfields program and the Indiana brownfields fund. The revenue bonds, notes, and other obligations must be issued in accordance with a resolution of the authority on terms or within parameters established by the authority, and proceeds must be used to carry out one (1) or more of the purposes of this chapter.
(b) Compliance with this section constitutes full authority for the authority to issue and guarantee its revenue bonds, notes, and other obligations, to guarantee loans and other financial assistance, and to sell the revenue bonds, notes, and other obligations at public or private negotiated sale on terms or within parameters established by the authority. The authority is not required to comply with any other law applicable to the authorization, approval, issuance, guarantee, and sale of its revenue bonds, notes, and other obligations and guarantee loans and other financial assistance. The revenue bonds, notes, and other obligations, including guarantees, issued by the authority in connection with the Indiana brownfields program and the Indiana brownfields fund are valid and binding obligations of the authority and are enforceable in accordance with their terms and payable solely from the sources specified in the resolution authorizing their issuance, guarantee, and sale. The authority's revenue bonds, notes, and other obligations, including guarantees, do not create a liability or debt of the state.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 12. Indiana Brownfields Program › 5-1.2-12-13. Deposits of Money; Uses

Sec. 13. (a) The authority may deposit appropriations or other money received under this chapter (or IC 13-19-5, before its repeal) after June 30, 1999, into an account of the Indiana brownfields fund. The authority may use money deposited in the account to award financial assistance, including forgivable loans, to or for the benefit of a political subdivision, and awards of professional services to private individuals or entities, nonprofit entities, and political subdivisions for remediation or other brownfield redevelopment activities. The authority shall, in the manner provided by section 10 of this chapter, adopt guidelines to establish a political subdivision's eligibility for a forgivable loan. The guidelines may provide priority for projects based on the funding source.
(b) The financial assistance agreement for a project to be financed with a forgivable loan must specify economic development or redevelopment goals for the project that must be achieved before the political subdivision will be released from its obligation to repay the forgivable loan.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 13. Flood Control Program › 5-1.2-13-2. Flood Control Program and Fund; Establishment

Sec. 2. (a) The flood control program is established.
(b) The flood control fund is created to provide money for loans and financial assistance to or for the benefit of participants under this chapter as part of the flood control program.
(c) The flood control fund must be used exclusively for the purposes of this chapter.
(d) The authority shall hold the flood control fund in the name of the authority. The authority shall administer the flood control fund in the manner provided by IC 5-1.2-4 and this chapter.
(e) Money in the flood control fund does not revert to the state general fund.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 13. Flood Control Program › 5-1.2-13-3. Loans and Financial Assistance; Procedures

Sec. 3. Loans and financial assistance may be made from the flood control fund to participants in the manner provided by IC 5-1.2-4 and this chapter.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 13. Flood Control Program › 5-1.2-13-4. Loans and Financial Assistance; Use of Money

Sec. 4. The authority may make an approved loan or provide other financial assistance from the flood control fund to a participant. The money loaned or provided must be used by the participant only for the purpose of undertaking approved assistance.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 13. Flood Control Program › 5-1.2-13-5. Loans and Financial Assistance; Conditions

Sec. 5. The authority may make an approved loan or provide other financial assistance from the flood control fund to a participant for an eligible activity only if:
(1) the eligible activity is authorized and approved by ordinance or resolution enacted by the governing board of the participant; and
(2) the assistance has been approved by the authority.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 13. Flood Control Program › 5-1.2-13-6. Application; Financial Assistance Agreement; Assurances

Sec. 6. (a) The authority shall authorize the making of a loan or providing other financial assistance to a participant under this chapter subject to the following:
(1) An application for the loan or other financial assistance to undertake an eligible activity has been submitted by the participant to the authority in the manner and form that the authority directs. The application must state the following:
(A) The need for the requested eligible activity and the need for the loan or other financial assistance for undertaking the requested eligible activity.
(B) A detailed description of the requested eligible activity.
(C) An engineering estimate of the cost of the requested eligible activity.
(D) The amount of the loan or other financial assistance considered to be needed.
(E) Other information that is requested by the authority.
(2) By entering into a financial assistance agreement, the authority determines that the eligible activity for which the approved assistance is provided will preserve, protect, or benefit the health, safety, and general welfare of the inhabitants of the participant's jurisdiction and the citizens of the state.
(3) The participant agrees and furnishes assurance, satisfactory to the authority, that after completion, the participant will operate and maintain the eligible activity receiving approved assistance.
(b) This chapter does not require the authority to provide a loan or other financial assistance to any participant to the extent it determines that providing the loan or other financial assistance is not in the best interests of the flood control program and the authority.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 13. Flood Control Program › 5-1.2-13-7. Duties and Powers

Sec. 7. (a) The participant:
(1) shall undertake and complete work related to the eligible activity receiving approved assistance; and
(2) may provide labor, equipment, and materials from any source available to the participant related to the eligible activity receiving approved assistance.
(b) The authority may do the following:
(1) Evaluate the participation of the participant in the accomplishment of the eligible activity receiving approved assistance.
(2) Require a contribution by the participant toward the total cost of the eligible activity receiving approved assistance.
(c) Any participation required under this section shall be supervised by the governing board of the participant.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 13. Flood Control Program › 5-1.2-13-8. Priority Ranking System

Sec. 8. (a) The authority shall use a priority ranking system in making loans or providing other financial assistance from the flood control fund. The authority, in consultation with other state agencies the authority determines to be appropriate, shall develop the priority ranking system to achieve the purposes of this chapter.
(b) If an emergency demands immediate relief from actual or threatened flood damage, the application made by a participant for a loan or financial assistance may be considered regardless of a previous priority rating ascribed to the applicant.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 13. Flood Control Program › 5-1.2-13-9. Interest Rates

Sec. 9. (a) The authority shall establish the interest rate or parameters for establishing the interest rate on each loan and other financial assistance made under this chapter, including parameters for establishing the amount of interest subsidies.
(b) The authority, in setting the interest rate or parameters for establishing the interest rate on each loan and other financial assistance, may take the following into account:
(1) Credit risk.
(2) Environmental enforcement and protection.
(3) Affordability.
(4) Other fiscal factors the authority considers relevant, including the program's cost of flood control funds and whether the financial assistance provided to a particular participant is taxable or tax exempt under federal law.
Based on the factors set forth in subdivisions (1) through (4), more than one (1) interest rate may be established and used for loans and other financial assistance to different participants or for different loans and other financial assistance to the same participants.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 13. Flood Control Program › 5-1.2-13-10. Financial Assistance Agreement

Sec. 10. A participant receiving a loan or other financial assistance from the flood control fund shall enter into a financial assistance agreement with the authority. A financial assistance agreement related to the flood control program is a valid, binding, and enforceable agreement on the participant.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 13. Flood Control Program › 5-1.2-13-11. Loan or Other Financial Assistance; Required Documents

Sec. 11. A loan or other financial assistance from the fund must be accompanied by the following:
(1) All papers and opinions required by the authority.
(2) Unless otherwise provided by the guidelines of the authority, the following:
(A) An approving opinion of nationally recognized bond counsel.
(B) A certification and guarantee of signatures.
(C) A certification that, as of the date of the loan or other financial assistance:
(i) no litigation is pending challenging the validity of or entry into the loan or other financial assistance or any security for the loan or other financial assistance; or
(ii) if litigation is pending, the litigation will not have a material adverse effect on the validity of the loan or other financial assistance or any security for the loan or other financial assistance.
(D) If litigation is pending, as an alternative to the certification described in clause (C), an opinion of legal counsel that the litigation will not have a material adverse effect on the validity of the loan or other financial assistance.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 13. Flood Control Program › 5-1.2-13-12. Levy for Flood Control Purposes

Sec. 12. (a) Except as provided in subsection (b), a participant receiving a loan or other financial assistance under:
(1) this chapter;
(2) IC 13-2-23 (before its repeal); or
(3) IC 14-28-5 (before its repeal);
may levy an annual tax on personal and real property located within the geographical limits of the participant for flood control purposes. The tax is in addition to any other tax authorized by law to be levied for flood control purposes. The tax shall be levied at the rate that will produce sufficient revenue to pay the annual installment and interest on a loan or other financial assistance made under this chapter, under IC 13-2-23 (before its repeal), or under IC 14-28-5 (before its repeal). The tax at the rate authorized in this section is in addition to the maximum annual rates prescribed by law.
(b) This subsection applies to the participation of the Kankakee River basin and Yellow River basin development commission. If the commission receives a loan or other financial assistance under this chapter, the commission must pay the annual installment and interest on the loan or other financial assistance from any combination of the direct support payments received under IC 14-13-9-21, the proceeds of special assessments imposed under IC 14-13-9-21, or other funds of the commission deemed acceptable by the authority.
As added by P.L.189-2018, SEC.25. Amended by P.L.282-2019, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 13. Flood Control Program › 5-1.2-13-13. Default; Withholding From Distributions

Sec. 13. If a participant fails to make a payment to the flood control fund or any other payment required by this chapter, under IC 13-2-23 (before its repeal), or under IC 14-28-5 (before its repeal) or is in any way indebted to the flood control fund for an amount incurred or accrued, the state may recover the amount through any of the following:
(1) The state may, through the attorney general and on behalf of the authority, file a suit in the circuit or a superior court with jurisdiction in the county in which the participant is located to recover the amount that the participant owes the flood control fund.
(2) The auditor of state may, after a sixty (60) day written notice to the participant, withhold the payment and distribution of state money that the defaulting participant is entitled to receive under Indiana law.
(3) For a special taxing district, upon certification by the auditor of state after a sixty (60) day written notice to the special taxing district, the auditor of each county containing land within the special taxing district shall withhold collected tax money for the special taxing district and remit the withheld tax money to the auditor of state. The auditor of state shall make a payment to the flood control fund in the name of the special taxing district. Upon elimination of the delinquency payment, the auditor of state shall certify the fact to the auditors of the counties involved and any additional withheld tax money shall be released to the special taxing district.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 14. Water Infrastructure Assistance Program › 5-1.2-14-1.2. "Non-Revenue Water"

Sec. 1.2. As used in this chapter, "non-revenue water" means the difference between the amount of water that enters a water distribution system and the amount of water provided to users of the water distribution system.
As added by P.L.56-2019, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 14. Water Infrastructure Assistance Program › 5-1.2-14-3. Water Infrastructure Assistance Fund

Sec. 3. (a) The water infrastructure assistance fund is established as a source of money for grants, loans, and other financial assistance to, or for the benefit of, participants in the program.
(b) The fund shall be administered, held, and managed by the authority.
(c) The authority shall invest or cause to be invested all or a part of the fund, pursuant to the authority's investment policy, in a fiduciary account or accounts with a trustee that is a financial institution. Notwithstanding any other law, any investment under this subsection may be made by the trustee in accordance with one (1) or more trust agreements or indentures. A trust agreement or indenture referred to in this subsection may permit disbursements by the trustee to the authority, the department, the budget agency, a participant, or any other person as provided in the trust agreement or indenture.
(d) The fund consists of the following:
(1) Fees and other amounts received by the state, paid by the treasurer of state to the authority upon warrants issued by the auditor of state, and deposited in the fund.
(2) Appropriations to the fund from the general assembly.
(3) Grants and gifts of money to the fund.
(4) Proceeds of the sale of:
(A) gifts to the fund; and
(B) loans, evidences of other financial assistance, and other obligations evidencing the loans or other financial assistance, as provided in sections 5 through 9 of this chapter.
(5) Repayments of loans and other financial assistance from the fund, including interest, premiums, and penalties.
(e) Fees and other amounts received by the state pursuant to law concerning the funding of the water infrastructure assistance fund shall be paid monthly by the treasurer of state to the authority upon warrants issued by the auditor of state and deposited in the fund.
(f) The expenses of administering the fund shall be paid from money in the fund.
(g) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(h) All:
(1) money accruing to the fund; and
(2) money allotted to the state under federal law for the purposes of the fund;
is continuously appropriated for the purposes specified in this chapter.
As added by P.L.189-2018, SEC.25. Amended by P.L.56-2019, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 14. Water Infrastructure Assistance Program › 5-1.2-14-4. Uses of Money in Water Infrastructure Assistance Fund; Grants, Loans, and Other Financial Assistance

Sec. 4. (a) Money in the water infrastructure assistance fund may be used to do the following:
(1) Provide grants, loans, and other financial assistance to or for the benefit of participants for:
(A) the planning, designing, acquisition, construction, renovation, improvement, or expansion of public water systems; and
(B) other activities necessary or convenient to complete the tasks referred to in clause (A) whether or not the other activities are permitted by the federal Clean Water Act or the federal Safe Drinking Water Act.
(2) Provide grants, loans, or other financial assistance to or for the benefit of participants for:
(A) the planning, designing, acquisition, construction, renovation, improvement, or expansion of wastewater or storm water collection and treatment systems; and
(B) other activities necessary or convenient to complete the tasks referred to in clause (A) whether or not the other activities are permitted by the federal Clean Water Act or the federal Safe Drinking Water Act.
(3) Provide grants, loans, or other financial assistance to or for the benefit of participants for the planning, designing, acquisition, construction, renovation, improvement, or expansion of septic relief systems in accordance with guidelines of the authority.
(4) Provide grants to political subdivisions for tasks associated with the development and preparation of:
(A) long term control plans;
(B) use attainability analyses; and
(C) storm water management programs.
(5) Undertake tasks associated with the development and preparation of water, wastewater, and storm water infrastructure and resource analyses.
(6) Conduct all other activities that are permitted by the federal Clean Water Act or the federal Safe Drinking Water Act.
(b) The authority may make loans or provide other financial assistance from the water infrastructure assistance fund to or for the benefit of a participant to do any of the following:
(1) Establish guaranties, reserves, or sinking funds, including guaranties, reserves, or sinking funds to secure and pay, in whole or in part, loans or other financial assistance made from sources other than the fund (including financial institutions) for a purpose permitted by this chapter.
(2) Provide interest subsidies.
(3) Pay financing charges, including interest on the loan or other financial assistance:
(A) during design and construction of a water or wastewater infrastructure project based upon a viable financial plan; and
(B) for a reasonable period after the completion of construction.
As added by P.L.189-2018, SEC.25. Amended by P.L.56-2019, SEC.3; P.L.18-2022, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 14. Water Infrastructure Assistance Program › 5-1.2-14-5. Guidelines; Interest Rate or Parameters

Sec. 5. (a) The authority shall adopt guidelines to establish criteria for the making of grants, loans, and other financial assistance from the water infrastructure assistance fund.
(b) The authority shall establish:
(1) the interest rate; or
(2) parameters for establishing the interest rate;
on each loan made from the water infrastructure assistance fund, including parameters for establishing the amount of interest subsidies.
(c) The authority, in setting the interest rate or parameters for establishing the interest rate on each loan under subsection (b), may take into account the following:
(1) Credit risk.
(2) Environmental, water quality, and health protection.
(3) Affordability.
(4) Other fiscal factors the authority considers relevant, including the wastewater or drinking water program's cost of funds and whether the financial assistance provided to a particular participant is taxable or tax exempt under federal law.
(d) Based on the factors set forth in subsection (c)(1) through (c)(4), more than one (1) interest rate may be established and used:
(1) for loans or other financial assistance to different participants; or
(2) for different loans or other financial assistance to the same participant.
As added by P.L.189-2018, SEC.25. Amended by P.L.56-2019, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 14. Water Infrastructure Assistance Program › 5-1.2-14-7. Application; Required Submissions

Sec. 7. (a) An application for a grant, loan, or other financial assistance from the water infrastructure assistance fund must be accompanied by all papers and opinions required by the authority.
(b) The authority may require that an application for a loan or other financial assistance from the water infrastructure assistance fund be accompanied by the following:
(1) A certification and guarantee of signatures.
(2) A certification that, as of the date of the loan or other financial assistance, no litigation is pending challenging the validity of or entry into:
(A) the grant, loan, or other financial assistance; or
(B) any security for the loan or other financial assistance.
(3) Any other certifications, agreements, security, or requirements that the authority requests.
(4) An approving opinion of nationally recognized bond counsel.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 14. Water Infrastructure Assistance Program › 5-1.2-14-8.2. Project Prioritization System for Awarding Loans and Grants; Variables to Be Included

Sec. 8.2. (a) The authority shall establish a project prioritization system for the purposes of awarding loans and grants from the water infrastructure assistance fund. The project prioritization system must be based on a model that includes at least the following variables:
(1) The effect of a project on the environment and public health and safety.
(2) The effect upon the user rates and charges of participants.
(3) The existence of plans for collaboration with other entities.
(4) The existence of a plan to measure and manage non-revenue water.
(5) Whether an applicant is employing other best practices as determined by the authority.
(b) The authority shall use the results of the project prioritization system established under subsection (a) to create a project priority list, and shall use the project priority list in awarding grants, loans, and other financial assistance under this chapter. The authority may adjust the project priority list established under this section:
(1) if the authority determines that unforeseen circumstances require an adjustment; or
(2) in case of an emergency.
As added by P.L.56-2019, SEC.6. Amended by P.L.18-2022, SEC.8.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 14. Water Infrastructure Assistance Program › 5-1.2-14-8.4. Utilities Serving Less Than 3,200 Customers

Sec. 8.4. The authority shall set aside forty percent (40%) of the water infrastructure assistance fund for purposes of providing grants, loans, and other financial assistance to or for the benefit of utilities serving less than three thousand two hundred (3,200) customers.
As added by P.L.56-2019, SEC.7.