reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 2. Manufacturer's Registration Fee; Electronic Waste Fund › 13-20.5-2-3. Electronic Waste Fund; Administration; Refunds to Manufacturers

Sec. 3. (a) The electronic waste fund is established to implement this article. The fund shall be administered by the department.
(b) The expenses of administering the fund shall be paid from money in the fund.
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
(d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(e) Beginning in 2011 and continuing each year thereafter, as of the last day of the state fiscal year, the department shall determine the total amount of the variable recycling fees that were collected for that state fiscal year under section 1(c) of this chapter.
(f) Except as provided in subsection (g), if the total amount of registration fees collected by the department for a state fiscal year under section 1(a) of this chapter exceeds the amount the department determines necessary to administer this article for the next state fiscal year, the department shall refund on a pro rata basis, to all manufacturers that paid any fees for the state fiscal year that contributed to those collections, the amount of fees collected by the department that exceeds the amount necessary to administer this article for the next state fiscal year.
(g) The department is not required to refund amounts under subsection (f) if either or both of the following apply:
(1) The refund amount determined under subsection (f) is less than one hundred dollars ($100).
(2) The amount the manufacturer claiming the refund recycled for the manufacturer's most recent program year was less than fifty percent (50%) of the amount the manufacturer was required to recycle for that program year under IC 13-20.5-4-1.
As added by P.L.178-2009, SEC.27.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 3. Reporting Requirements › 13-20.5-3-1. Reports From Manufacturers to the Department

Sec. 1. (a) Not later than March 1 of each year, a manufacturer shall report to the department the total weight in pounds of covered electronic devices that the manufacturer:
(1) collected from eligible entities and recycled; or
(2) arranged to have collected from eligible entities and recycled;
during the program year that ended on the immediately preceding December 31.
(b) Not later than March 1 of each year, a manufacturer shall report the following to the department:
(1) The number of recycling credits the manufacturer purchased and sold during the program year that ended on the immediately preceding December 31.
(2) The number of recycling credits possessed by the manufacturer that the manufacturer intends to use in the calculation of its variable recycling fee under IC 13-20.5-2-1.
(3) The number of recycling credits the manufacturer retained at the beginning of the program year that began on the immediately preceding January 1.
(4) The amount in pounds of covered electronic devices that the manufacturer arranged for a recycler to collect and recycle during the program year that ended on the immediately preceding December 31 and that were not converted to recycling credits.
As added by P.L.178-2009, SEC.27. Amended by P.L.37-2012, SEC.45; P.L.147-2015, SEC.21; P.L.200-2017, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 3. Reporting Requirements › 13-20.5-3-2. Reports by Recycler to the Department

Sec. 2. Not later than each March 1, a recycler of covered electronic devices shall do the following:
(1) Report to the department separately the total weight in pounds of covered electronic devices that were:
(A) recycled by the recycler; and
(B) taken by the recycler for final disposal;
during the program year that ended on the immediately preceding December 31.
(2) Submit to the department a list of all collectors from whom the recycler received covered electronic devices during the program year that ended on the immediately preceding December 31.
(3) Certify that the recycler has complied with IC 13-20.5-5 and 329 IAC 16 during the program year that ended on the immediately preceding December 31.
As added by P.L.178-2009, SEC.27. Amended by P.L.37-2012, SEC.46; P.L.200-2017, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 3. Reporting Requirements › 13-20.5-3-3. Reports by Collectors to the Department

Sec. 3. Not later than each March 1, a collector shall submit to the department a report that contains for the program year that ended on the immediately preceding December 31:
(1) the total weight in pounds of covered electronic devices that were collected in Indiana by the collector; and
(2) a list of all recyclers to whom the collector delivered covered electronic devices.
As added by P.L.178-2009, SEC.27. Amended by P.L.37-2012, SEC.47; P.L.200-2017, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 4. Manufacturer Responsibilities › 13-20.5-4-1. Manufacturer's Recycling Requirement

Sec. 1. A manufacturer shall in each of the manufacturer's program years recycle or arrange for the collection and recycling from covered entities of an amount of covered electronic devices equal to at least sixty percent (60%) of the total weight of the manufacturer's video display devices sold to households as reported in the manufacturer's registration for the program year under IC 13-20.5-1-1(c)(4).
As added by P.L.178-2009, SEC.27. Amended by P.L.37-2012, SEC.48; P.L.200-2017, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 4. Manufacturer Responsibilities › 13-20.5-4-2. Manufacturer's Due Diligence Assessments; Maintenance of Records

Sec. 2. (a) A manufacturer shall conduct and document due diligence assessments of collectors and recyclers with which the manufacturer contracts to allow the manufacturer to comply with this chapter.
(b) A manufacturer shall maintain for three (3) years documentation showing that all covered electronic devices recycled, partially recycled, or sent to downstream recycling operations by the manufacturer are recycled in compliance with this article.
As added by P.L.178-2009, SEC.27.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 5. Recycler Responsibilities › 13-20.5-5-1. Recycler Not Responsible for Data in Recycled Devices

Sec. 1. Except to the extent otherwise required by law, a recycler is not responsible for any data that may be contained in a covered electronic device recycled by the recycler if an information storage device is included in the covered electronic device.
As added by P.L.178-2009, SEC.27.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 6. Retailer Responsibilities › 13-20.5-6-1. Information to Be Provided by Retailers to Households

Sec. 1. A retailer that sells new video display devices shall provide information to households that:
(1) describes where and how households may recycle video display devices; and
(2) advises households of opportunities and locations for the convenient collection of video display devices for recycling.
As added by P.L.178-2009, SEC.27.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 6. Retailer Responsibilities › 13-20.5-6-2. Means of Providing Information to Households

Sec. 2. The requirement in section 1 of this chapter may be met by retailers:
(1) by providing to households the department's contact information or Internet web site address; and
(2) if the retailer sells through catalogs or the Internet, by including the information in a prominent location in the retailer's catalog or on the retailer's Internet web site.
As added by P.L.178-2009, SEC.27.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 7. Department Duties › 13-20.5-7-1. Department Adoption of Forms and Procedures

Sec. 1. (a) The department shall:
(1) subject to subsection (b), adopt forms for use by manufacturers, collectors, and recyclers for all registration statements, certifications, and reports required by this article; and
(2) establish procedures for:
(A) receipt and maintenance of the registration statements and certifications filed with the department under IC 13-20.5-1; and
(B) making the statements and certifications easily available to manufacturers, retailers, and the public.
(b) The department is not required to adopt forms under subsection (a) by rule.
As added by P.L.178-2009, SEC.27.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 7. Department Duties › 13-20.5-7-2. Department Calculation of Estimated Sales of Video Display Devices

Sec. 2. Before June 1, 2010, and before June 1 of each year thereafter, the department shall calculate estimated sales of video display devices sold to households by each manufacturer during the immediately preceding calendar year, based on national sales data.
As added by P.L.178-2009, SEC.27.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 7. Department Duties › 13-20.5-7-3. Recommendations to Reduce Revenue if Revenue Exceeds Requirements

Sec. 3. If the revenues in the electronic waste fund established by IC 13-20.5-2-3 exceed the amount that the department determines is necessary for efficient and effective administration of this article, the department shall recommend to the general assembly in a report submitted in an electronic format under IC 5-14-6 that:
(1) the registration fee under IC 13-20.5-2-1(a); or
(2) the proportion of sales of video display devices required to be recycled under IC 13-20.5-4-1;
be lowered to reduce revenues collected in the subsequent state fiscal year by the estimated amount of the excess.
As added by P.L.178-2009, SEC.27.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 7. Department Duties › 13-20.5-7-4. Repealed

As added by P.L.178-2009, SEC.27. Amended by P.L.53-2014, SEC.127; P.L.112-2016, SEC.22. Repealed by P.L.130-2018, SEC.70.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 7. Department Duties › 13-20.5-7-6. Department Collection of Data and Use to Determine Fee

Sec. 6. (a) The department shall collect the data submitted to it annually by each registered manufacturer on:
(1) the total weight in pounds of each specific model of video display device sold to households, if provided;
(2) the total weight in pounds of video display devices sold to households;
(3) the total weight in pounds of covered electronic devices collected from covered entities that are recycled; and
(4) data on recycling credits, as required under IC 13-20.5-3-1.
(b) The department shall use the data described in subsection (a) to determine the manufacturer's variable recycling fee under the formula in IC 13-20.5-2-1.
As added by P.L.178-2009, SEC.27.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 7. Department Duties › 13-20.5-7-7. Department Estimation of Sales; Use of Data to Verify Fee

Sec. 7. The department shall estimate, for each registered manufacturer, the sales of video display devices to households during each calendar year, based on:
(1) data provided by a manufacturer on sales of video display devices to households, including documentation describing how that amount was calculated and certification that the amount is accurate; or
(2) if a manufacturer does not provide the data specified in subdivision (1), national data on sales of video display devices.
The department shall use the data specified in this section to review the determination of each manufacturer's variable recycling fee to ensure that the fee was calculated accurately according to the formula in IC 13-20.5-2-1.
As added by P.L.178-2009, SEC.27.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 7. Department Duties › 13-20.5-7-9. Department Evaluation of National Program and Regional Agreement

Sec. 9. If a national electronic waste program is implemented that is similar to the program established under this article, the department shall review, evaluate, and compare the national program, the program established under this article, and any regional agreement the department has entered into under section 8 of this chapter.
As added by P.L.178-2009, SEC.27.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 7. Department Duties › 13-20.5-7-10. Educational Programs

Sec. 10. (a) Solid waste management districts shall conduct educational programs to provide information to the public concerning:
(1) reuse and recycling of electronic waste;
(2) collection programs available to the public for the disposal of electronic waste; and
(3) proper disposal of electronic waste.
(b) The department, with assistance from solid waste management districts and other appropriate persons, shall provide solid waste management districts with a curriculum model that includes educational core principles concerning the reuse, recycling, collection, and proper disposal of solid waste. Solid waste management districts shall implement educational programs that meet the minimum standards established by the department in the curriculum model.
As added by P.L.159-2011, SEC.35. Amended by P.L.37-2012, SEC.49.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 8. Other Recycling Programs › 13-20.5-8-1. Governmental Entity May Not Require Covered Entity to Use Public Recycling Facilities

Sec. 1. A city, a county, or any other governmental entity may not require a covered entity to use public facilities to recycle the covered entity's covered electronic devices to the exclusion of other lawful recycling programs available.
As added by P.L.178-2009, SEC.27.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 8. Other Recycling Programs › 13-20.5-8-2. Actions Not Prohibited by Program

Sec. 2. This article does not prohibit or restrict:
(1) the operation of any program that recycles covered electronic devices in addition to programs provided by manufacturers;
(2) persons from receiving, collecting, transporting, or recycling covered electronic devices, if those persons are registered under IC 13-20.5-1; or
(3) a collector, recycler, or manufacturer from charging for directly collecting any covered electronic devices directly from covered entities, including charging for curbside collection from covered entities.
As added by P.L.178-2009, SEC.27.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 9. Requirements for Purchases by State Agencies › 13-20.5-9-1. Department of Administration to Ensure State Agency Compliance With Program

Sec. 1. The Indiana department of administration shall ensure that acquisitions of video display devices by state agencies comply with or are not subject to this article.
As added by P.L.178-2009, SEC.27.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 9. Requirements for Purchases by State Agencies › 13-20.5-9-2. State Contractor Compliance With Program

Sec. 2. State agency solicitation documents must specify that the prospective responder is required to cooperate fully in providing reasonable access to the prospective responder's records and documents to demonstrate compliance with this article.
As added by P.L.178-2009, SEC.27.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 9. Requirements for Purchases by State Agencies › 13-20.5-9-3. Sanctions on State Contractor That Violates Program

Sec. 3. A person awarded a contract by a state agency for purchase or lease of video display devices that is found to be in violation of this article is subject to the following sanctions:
(1) The contract is void if the Indiana department of administration determines that the potential adverse effect to the state from voiding the contract is exceeded by the benefit obtained from voiding the contract.
(2) If the attorney general establishes that any money, property, or benefit was obtained by a contractor as a result of violating this article, a court may, in addition to any other remedy, order the forfeiture of the unlawfully obtained money, property, or benefit.
As added by P.L.178-2009, SEC.27.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 10. Disposal Prohibitions › 13-20.5-10-1. Disposal Restrictions

Sec. 1. After 2010, a covered entity may not knowingly do any of the following:
(1) Mix or allow the mixing of a covered electronic device or any other computer, computer monitor, printer, or television with municipal waste that is intended for disposal at a landfill.
(2) Mix or allow the mixing of a covered electronic device or any other computer, computer monitor, printer, or television with any waste that is intended for disposal by burning or incineration.
As added by P.L.178-2009, SEC.27.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 10. Disposal Prohibitions › 13-20.5-10-2. No Penalties or Sanctions for Violations; No Cause of Action

Sec. 2. (a) A covered entity that violates this chapter is not subject to:
(1) a criminal or civil action or penalty; or
(2) any other sanction;
under this title or any other state law.
(b) A violation of this chapter does not create a cause of action.
As added by P.L.178-2009, SEC.27.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 1. State Solid Waste Management Plan › 13-21-1-1. Adoption of Plan; Rules

Sec. 1. The commissioner shall do the following:
(1) Adopt the state plan in final form.
(2) Adopt rules under IC 4-22-2 to provide for the plan's implementation.
[Pre-1996 Recodification Citation: 13-9.5-3-2.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 1. State Solid Waste Management Plan › 13-21-1-2. Required Provisions, Goals, and Criteria

Sec. 2. The state plan must provide for solid waste management in Indiana for the twenty (20) years following the adoption of the state plan. The state plan must include the following, in order of priority:
(1) The establishment of voluntary statewide goals for source reduction.
(2) The establishment of criteria for alternatives to final disposal, including the following:
(A) Recycling.
(B) Composting.
(C) The availability of markets.
(3) The establishment of general criteria for the siting, construction, operation, closing, and monitoring of final disposal facilities.
(4) Criteria and other elements to be considered in the adoption of district solid waste management plans.
[Pre-1996 Recodification Citation: 13-9.5-3-3.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 1. State Solid Waste Management Plan › 13-21-1-3. Revisions

Sec. 3. Revisions of the state plan must be implemented using the procedures set forth in section 1 of this chapter.
[Pre-1996 Recodification Citation: 13-9.5-3-4.]
As added by P.L.1-1996, SEC.11. Amended by P.L.12-2005, SEC.4.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 1. State Solid Waste Management Plan › 13-21-1-4. Assessment of Solid Waste Management Districts; Report

Sec. 4. (a) In 2015 and every fifth year thereafter, the legislative council shall require an interim study committee or a statutory study committee to:
(1) assess solid waste management districts; and
(2) determine whether any changes should be made to the statutes governing solid waste management districts.
(b) An interim study committee or a statutory study committee that assesses solid waste management districts under subsection (a) shall issue a final report, in an electronic format under IC 5-14-6, to the legislative council containing the committee's findings and recommendations, including any recommended legislation, not later than November 1 of the year in which an assessment is conducted.
As added by P.L.37-2012, SEC.50.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 2. Repealed

[Pre-1996 Recodification Citations:
13-21-2-1formerly 13-9.5-3.5-213-21-2-2formerly 13-9.5-3.5-313-21-2-3formerly 13-9.5-3.5-413-21-2-4formerly 13-9.5-3.5-513-21-2-5formerly 13-9.5-3.5-613-21-2-6formerly 13-9.5-3.5-713-21-2-7formerly 13-9.5-3.5-813-21-2-8formerly 13-9.5-3.5-9.]
Repealed by P.L.1-2001, SEC.51.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 3. Solid Waste Management Districts › 13-21-3-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. (a) The amendments made to IC 13-9.5-2-2 and IC 13-9.5-2-11 (before their repeal, now codified in this chapter) by P.L.96-1995 apply to property taxes first due and payable after December 31, 1995, and to taxable years that begin after December 31, 1995.
(b) The addition of IC 13-9.5-2-11.1 and IC 13-9.5-2-15 (before their repeal) by P.L.96-1995 applies to property taxes first due and payable after December 31, 1995, and to taxable years that begin after December 31, 1995.
As added by P.L.220-2011, SEC.283.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 3. Solid Waste Management Districts › 13-21-3-2. Territory Included in Designated District

Sec. 2. All of the incorporated and unincorporated territory of a county must be included in the designated county solid waste management district or the joint solid waste management district to which the county belongs.
[Pre-1996 Recodification Citation: 13-9.5-2-2.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 3. Solid Waste Management Districts › 13-21-3-3. Copy of Agreement to Commissioner

Sec. 3. Within thirty (30) days after adopting an ordinance establishing a joint district and approving an agreement governing the operation of the joint district, a county shall provide the commissioner with a copy of the agreement.
[Pre-1996 Recodification Citation: 13-9.5-2-3.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 3. Solid Waste Management Districts › 13-21-3-4. Board of Directors; Appointment

Sec. 4. After a county has been designated as a county district or has joined with at least one (1) other county in a joint district, a board of directors shall be appointed.
[Pre-1996 Recodification Citation: 13-9.5-2-4.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 3. Solid Waste Management Districts › 13-21-3-7. Joint Districts; Executive Committees; Powers

Sec. 7. (a) In:
(1) a joint district; or
(2) a single district having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000);
the board appointed under section 5 of this chapter may elect from the board's membership an executive committee having an odd number of members.
(b) An executive committee elected under subsection (a) for a joint district has only the powers invested in the committee by resolution of the board. An executive committee may exercise any powers of the board under this article that are delegated to the executive committee by resolution of the board.
(c) The board of the joint district may appoint one (1) or more alternates from among the membership of the board to:
(1) participate; and
(2) exercise the power to vote;
with the executive committee if a member of the executive committee is absent.
(d) A meeting of an executive committee may serve as the regularly scheduled monthly meeting of a board as required under IC 13-21-5-2.
[Pre-1996 Recodification Citation: 13-9.5-2-7.]
As added by P.L.1-1996, SEC.11. Amended by P.L.11-2023, SEC.48.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 3. Solid Waste Management Districts › 13-21-3-8. Board of Directors of District; Term

Sec. 8. (a) This section does not apply to the members of a board of public works that constitutes the board of a county district under section 5(c) of this chapter.
(b) The term of office of a member of the board of a district who is appointed from the membership of an executive, legislative, or fiscal body under this chapter is coextensive with the member's term of office on that body. The term of office of other appointed members of the board is two (2) years.
(c) All members of the board serve at the pleasure of the appointing authority.
[Pre-1996 Recodification Citation: 13-9.5-2-8.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 3. Solid Waste Management Districts › 13-21-3-9. Officers

Sec. 9. (a) This section does not apply to a board of public works that constitutes the board of a county district under section 5(c) of this chapter.
(b) The board shall select the following:
(1) A chairperson and vice chairperson from the board's membership.
(2) A controller who is not a member of the board.
(c) If a controller selected by a board under this section is the fiscal officer of a county or municipality, the duties of the controller under a statute or an ordinance are in addition to the duties the controller has while serving as the fiscal officer of the county or municipality.
[Pre-1996 Recodification Citation: 13-9.5-2-9.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 3. Solid Waste Management Districts › 13-21-3-10. Controllers; Powers and Duties

Sec. 10. (a) A controller selected under section 9 of this chapter shall do the following:
(1) Be the official custodian of all district money and, subject to the terms of any resolution or trust indenture under which bonds are issued under this article, deposit and invest all district money in the same manner as other county money is deposited and invested under IC 5-13.
(2) Be responsible to the board for the fiscal management of the district.
(3) Be responsible for the proper safeguarding and accounting of the district's money.
(4) Subject to subsection (c), issue warrants approved by the board after a properly itemized and verified claim has been presented to the board on a claim docket.
(5) Make financial reports of district money and present the reports to the board for the board's approval.
(6) Prepare the district's annual budget.
(7) Perform any other duties:
(A) prescribed by the board; and
(B) consistent with this chapter.
(b) A controller selected under section 9 of this chapter:
(1) does not exercise any sovereign authority of the state; and
(2) does not hold a lucrative office for purposes of Article 2, Section 9 of the Constitution of the State of Indiana.
(c) The board may, by resolution, authorize the controller to make claim payments for:
(1) payroll;
(2) the state solid waste management fee imposed by IC 13-20-22-1; and
(3) certain specific vendors identified in the resolution;
without the claims being first approved by the board if before payment the claims are approved in writing by the chairperson of the board or in the absence of the chairperson another member of the board designated by the chairperson. The claims shall be reviewed and allowed by the board at the board's next regular or special meeting.
[Pre-1996 Recodification Citation: 13-9.5-2-9.3.]
As added by P.L.1-1996, SEC.11. Amended by P.L.214-2005, SEC.58.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 3. Solid Waste Management Districts › 13-21-3-11. Citizen Solid Waste Management Advisory Committee; Membership; Functions

Sec. 11. (a) The board of each district shall appoint and convene a solid waste management advisory committee of citizens not later than thirty (30) days after the board has been established. The committee must include the following:
(1) Representatives of the solid waste management industry operating in the district.
(2) Representatives of the environmental community and other citizens who are:
(A) knowledgeable about and interested in environmental issues; and
(B) not employed directly or indirectly by the solid waste management industry.
(b) At least fifty percent (50%) of the members of an advisory committee must be made up of the representatives of the environmental community and other citizens. All members of the committee must be residents of the district.
(c) In the resolution establishing an advisory committee, the board shall specify the terms of the members and the purposes of the committee. Each advisory committee shall do the following:
(1) Study the subjects and problems specified by the board and recommend to the board additional problems in need of study and discussion.
(2) If invited by the board to do so, participate, without the right to vote, in the deliberations of the board.
(d) An advisory committee shall report only to the board. Reports of the committee must:
(1) accompany a final district plan when the plan is submitted to the commissioner under IC 13-21-5; and
(2) be made available to members of the public.
(e) An advisory committee may choose to study and report on matters that are not specified by the board if the committee determines a study is warranted.
(f) An advisory committee and board shall conduct at least two (2) joint meetings each year to discuss current and future issues. The advisory committee shall submit into the record at the next meeting of the board advice on the topics discussed at the joint meeting.
(g) An advisory committee shall do the following:
(1) Meet after the first publication of the district's proposed annual budget.
(2) Submit written comments concerning the proposed budget at a public hearing that is held to review the proposed budget.
[Pre-1996 Recodification Citation: 13-9.5-2-10.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 3. Solid Waste Management Districts › 13-21-3-12.2. Additional Powers of Districts in Certain Counties

Sec. 12.2. (a) This section applies to a county having a population of more than one hundred eighty thousand (180,000) and less than one hundred eighty-five thousand (185,000).
(b) In addition to the powers granted to a district under section 12 of this chapter, a district may make grants or loans of money, property, or services to a public or private program to plant or maintain trees in an area of the district that is a right-of-way, public property, or vacant property.
As added by P.L.98-2000, SEC.6. Amended by P.L.170-2002, SEC.89; P.L.119-2012, SEC.115; P.L.104-2022, SEC.87.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 3. Solid Waste Management Districts › 13-21-3-13. Powers of Board

Sec. 13. (a) A board may do the following:
(1) Enter into agreements concerning and acquire by any lawful means real property or interests in real and personal property needed for the purposes of this section or IC 13-21-9.
(2) Enter into financing agreements to purchase, lease as lessee, construct, remodel, rebuild, enlarge, or substantially improve facilities.
(3) Lease facilities to users or developers with or without an option to purchase.
(4) Sell facilities to users or developers for consideration, which may be paid in installments or otherwise.
(5) Make direct loans to users or developers for the cost of acquisition, construction, or installation of facilities, including real property, machinery, or equipment. If loans are made, the development bonds must be secured by the pledge of one (1) or more bonds or other secured or unsecured debt obligations of the users or developers.
(6) Enter into agreements with users or developers to allow the users or developers to wholly or partially acquire, construct, or modify facilities to be acquired by the district.
(7) Issue waste management development bonds under IC 13-21-9 to do the following:
(A) Accomplish the purposes of this section and IC 13-21-9.
(B) Secure payment of the development bonds as provided in IC 13-21-9.
(b) This section or IC 13-21-9 does not authorize the district's financing of facilities for a developer unless any agreement that exists between a developer and a user is fully disclosed to and approved by the board.
[Pre-1996 Recodification Citation: 13-9.5-9-5(a), (b).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 3. Solid Waste Management Districts › 13-21-3-13.5. Reports on Funds

Sec. 13.5. (a) At the end of each year the district shall prepare, on a form designed by the department of local government finance, a report that is accessible through the computer gateway administered by the office of technology established by IC 4-13.1-2-1 and that provides the following information:
(1) For each fund that contains district money:
(A) the cash balance at the end of the year;
(B) a list of all encumbrances on the fund that the district is legally obligated to pay;
(C) a copy of documentation that supports each encumbrance listed in clause (B);
(D) the fund balance obtained by subtracting the amount under clause (B) from the amount under clause (A);
(E) the total expenditures from the fund for the year; and
(F) any other financial information required by the department.
(2) The total of all fund balances calculated under subdivision (1)(D).
(3) The total of all fund expenditures reported under subdivision (1)(E).
(4) Any programmatic information required by the department.
(5) The total amount of expenditures by the district for the year.
(6) The per capita expenditures by the district for the year.
(7) The amount of expenditures by the district for the year for personnel costs.
(8) The amount of expenditures by the district for the year for program costs (excluding personnel costs).
(9) The total amount of solid waste (in tons) disposed of in the district for the year for which the district is directly responsible.
(10) The total amount of recycling (in tons) carried out in the district in the year for which the district is directly responsible.
(b) The district shall provide the report prepared under subsection (a):
(1) to the department and to the department of local government finance in a format prescribed by the department; and
(2) to the legislative council in an electronic format under IC 5-14-6;
by March 1 of the year following the year for which the report is made.
(c) The district shall publish the annual report prepared under subsection (a) on an Internet web site maintained by the district or on the Internet web sites maintained by the counties that are members of the district.
As added by P.L.45-1997, SEC.14. Amended by P.L.90-2002, SEC.368; P.L.37-2012, SEC.52; P.L.257-2013, SEC.35.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 3. Solid Waste Management Districts › 13-21-3-14. Powers of District; Exclusions

Sec. 14. (a) This section does not apply to a contract executed before April 1, 1998.
(b) Except as provided in subsection (d) and section 14.5 of this chapter, the powers of a district do not include the following:
(1) The power of eminent domain.
(2) Except as provided in subsection (c), the power to exclusively control the collection or disposal of any solid waste or recyclables within the district by means that include the following:
(A) Franchising.
(B) Establishing a territory or territories within the district in which a person may provide service.
(3) The power to establish the type of service that a person must provide for the collection or disposal of solid waste or recyclables within the district.
(4) The power to establish fees that a person must charge for the collection or disposal of solid waste or recyclables within the district.
(5) The power to issue permits for an activity that is already permitted by a state agency, except as expressly granted by statute.
(6) Except as provided in subsection (e), the power to:
(A) register;
(B) issue a permit for; or
(C) license;
a vehicle as a condition of allowing a solid waste hauler to render services within the district.
(c) If one (1) or more of the governmental entities in a district, at the time of the formation of the district, is a party to a contract providing that the persons contracted with have the exclusive right to collect or dispose of solid waste within the jurisdiction of the governmental entity, the district may enter into an extension of that contract.
(d) Subsection (b) does not apply to activities conducted as part of a household hazardous waste collection and disposal project.
(e) A district that was:
(1) registering, issuing a permit for, or licensing vehicles as a condition of allowing a solid waste hauler to render services within the district on January 1, 2013:
(A) may continue to register, issue a permit for, or license the vehicles until January 1, 2015; and
(B) may not register, issue a permit for, or license the vehicles after December 31, 2014; and
(2) levying a charge or fee on January 1, 2013, for registering, issuing a permit for, or licensing vehicles as a condition of allowing a solid waste hauler to render services within the district:
(A) may continue to levy the charge or fee until January 1, 2015; and
(B) may not levy the charge or fee after December 31, 2014.
[Pre-1996 Recodification Citation: 13-9.5-2-11(b), (c).]
As added by P.L.1-1996, SEC.11. Amended by P.L.125-1996, SEC.6; P.L.110-1998, SEC.2; P.L.231-2003, SEC.3; P.L.220-2011, SEC.284; P.L.116-2013, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 3. Solid Waste Management Districts › 13-21-3-15. Tax Rate Appeals in Certain Counties

Sec. 15. (a) A district located in a county having a population of more than thirty-three thousand (33,000) and less than thirty-three thousand one hundred (33,100) may appeal to the department of local government finance to have a property tax rate in excess of the rate permitted by section 12 of this chapter. The appeal may be granted if the district establishes that all of the following conditions exist:
(1) The district is in the process of constructing a landfill.
(2) A higher property tax rate is necessary to pay the fees charged by out of county landfills to dispose of solid waste generated in the district during the design and construction phases of the landfill being established by the district.
(b) The procedure applicable to maximum levy appeals under IC 6-1.1-18.5 applies to an appeal under this section. Any additional levy granted under this section may not exceed seven and thirty-three hundredths cents ($0.0733) on each one hundred dollars ($100) of assessed valuation of property in the district.
(c) The department of local government finance shall establish the tax rate if a higher tax rate is permitted.
(d) A property tax rate imposed under this section expires not later than December 31, 1997.
[Pre-1996 Recodification Citation: 13-9.5-2-11(d).]
As added by P.L.1-1996, SEC.11. Amended by P.L.6-1997, SEC.156; P.L.90-2002, SEC.369; P.L.146-2008, SEC.422; P.L.119-2012, SEC.117; P.L.104-2022, SEC.89.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 3. Solid Waste Management Districts › 13-21-3-15.5. Appeal for Additional Levy

Sec. 15.5. (a) A district may appeal to the department of local government finance to have a property tax rate in excess of the rate permitted by section 12 of this chapter. The appeal may be granted if the district with respect to 2001 property taxes payable in 2002:
(1) imposed the maximum property tax rate established under section 12 of this chapter; and
(2) collected property tax revenue in an amount less than the maximum permissible ad valorem property tax levy determined for the district under IC 6-1.1-18.5.
(b) The procedure applicable to maximum levy appeals under IC 6-1.1-18.5 applies to an appeal under this section.
(c) An additional levy granted under this section may not exceed the rate calculated to result in a property tax levy equal to the maximum permissible ad valorem property tax levy determined for the district under IC 6-1.1-18.5.
(d) The department of local government finance shall establish the tax rate if a higher tax rate is permitted.
As added by P.L.178-2002, SEC.88. Amended by P.L.146-2008, SEC.423.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 3. Solid Waste Management Districts › 13-21-3-16. Eligibility to Include in Budget Revenue From Imposed Property Tax

Sec. 16. (a) The requirements of this section:
(1) are in addition to the requirements set forth in IC 6-1.1-18.5-7(b); and
(2) do not apply to a district that:
(A) owns a landfill;
(B) will use property tax revenue to:
(i) construct a new landfill cell; or
(ii) close a landfill cell;
at the landfill; and
(C) has received approval from the county fiscal body of the county in which the landfill is located to construct or close the landfill cell.
(b) To be eligible to include within the district's budget for the following year tax revenue derived from the imposition of a property tax, the first year that a property tax will be imposed and any subsequent year in which the proposed tax levy will increase by five percent (5%) or more, a board must present identical resolutions to each of the county fiscal bodies within the district seeking approval for the use of property tax revenue within the district. The resolution must state the proposed property tax levy and the proposed use of the revenue. The resolution must be stated so that:
(1) a "yes" vote indicates approval of the levy and the proposed use of property tax revenue within the district; and
(2) a "no" vote indicates disapproval of the levy and the proposed use of property tax revenue within the district.
(c) For a resolution described in subsection (b) to be approved by the county fiscal body:
(1) the county fiscal body must record the vote taken on the resolution under subsection (b) before May 1 of the year in which the vote was taken; and
(2) the recorded vote must indicate approval of the use of property tax revenue within the district.
(d) If all of the county fiscal bodies within a district do not record the approval described in subsection (c) before May 1 of the year in which the vote under subsection (b) was taken, the board may not:
(1) impose; or
(2) include within the budget of the board;
a property tax for the year following the year in which the vote was taken.
(e) Notwithstanding subsection (d), after the first year a tax is imposed under this section, the resolution required by subsection (b) for a district that is located in more than two (2) counties need only be approved by a majority of the county fiscal bodies for the counties in which the district is located.
(f) A district may not issue bonds to be repaid, directly or indirectly, with money or property tax revenue of the district until a majority of the members of each of the county fiscal bodies within a district passes a resolution approving the bond issue.
[Pre-1996 Recodification Citation: 13-9.5-2-11.1.]
As added by P.L.1-1996, SEC.11. Amended by P.L.129-1996, SEC.1; P.L.189-2005, SEC.4.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 3. Solid Waste Management Districts › 13-21-3-17. Conferences, Seminars, and Training Sessions; Membership in Planning and Practice Improvement Organizations

Sec. 17. (a) If a board determines that it is desirable or necessary for employees or members of the board or advisory committee to attend a conference, seminar, or training session that concerns solid waste management or related issues, the board may pay:
(1) applicable registration fees; and
(2) all actual expenses;
of the employees or members who attend the conference, seminar, or training session.
(b) A board may appropriate money necessary to provide membership for the district in state and national:
(1) civic;
(2) educational;
(3) professional; or
(4) governmental;
organizations that are concerned with the betterment and improvement of solid waste management planning and practices.
[Pre-1996 Recodification Citation: 13-9.5-2-11.3.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 3. Solid Waste Management Districts › 13-21-3-18. Grants and Loans From Counties and Municipalities

Sec. 18. The executive of a county or municipality located in a district may, with the approval of the fiscal body of the county or municipality:
(1) grant or loan public money to the district; and
(2) establish procedures:
(A) for awarding grants; and
(B) for the repayment of loans.
[Pre-1996 Recodification Citation: 13-9.5-2-11.7.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 3. Solid Waste Management Districts › 13-21-3-19. Delegation of Board's Authority; Limitations

Sec. 19. (a) The board of a district may delegate any of the board's authority to any board or legislative body of a municipality by resolution. However:
(1) an exercise by a municipality of the taxing power of the district must be ratified by the board of the district; and
(2) if the board of a municipality has been delegated authority under this subsection, the legislative body of the municipality must approve an action of the board of the municipality that involves:
(A) an exercise of the taxing power of the district;
(B) the issuance of bonds under this article or IC 13-9.5 (before its repeal); or
(C) the setting of fees, rates, and charges under this article or IC 13-9.5 (before its repeal).
(b) The board may delegate authority to the board's officers to carry out the directions of the board.
(c) A resolution delegating powers of the board under this section must contain reasonable standards and parameters within which the delegated powers may be exercised.
[Pre-1996 Recodification Citation: 13-9.5-2-12.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 3. Solid Waste Management Districts › 13-21-3-20. Failure of County With Consolidated City to Elect to Participate; Exemption From Regulation and Control of Article

Sec. 20. (a) Notwithstanding this chapter, IC 13-21-5, and IC 13-21-13, and except as provided in subsection (b), unless the legislative body of a county having a consolidated city elects by ordinance to participate in the rules, ordinances, and governmental structures enacted or created under this article, the management of solid waste activities and the collection of fees on the disposal of solid waste in a final disposal facility located in that county are exempt from regulation or control under this article.
(b) The exemption under subsection (a) does not apply to IC 13-20-22-1.
[Pre-1996 Recodification Citation: 13-9.5-2-13.]
As added by P.L.1-1996, SEC.11. Amended by P.L.113-2010, SEC.94.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 3. Solid Waste Management Districts › 13-21-3-21. Approval and Delivery of Budget

Sec. 21. Before the board of a district may adopt an annual budget, the budget must be:
(1) approved by the department of local government finance; and
(2) sent to:
(A) the executive; and
(B) the fiscal body;
of each county and municipality located within the district as a matter of record.
[Pre-1996 Recodification Citation: 13-9.5-2-14.]
As added by P.L.1-1996, SEC.11. Amended by P.L.90-2002, SEC.370.