Title 5, STATE AND LOCAL ADMINISTRATION

Sec. 31. "Hazardous substance", for purposes of the Indiana brownfields program established under IC 5-1.2-12, has the meaning set forth in IC 13-11-2-98. As added by P.L.189-2018, SEC.25.

Sec. 32. "Health facility", for purposes of IC 5-1.2-7, means any facility or building that is: (1) owned or used by a participating provider; (2) located: (A) in Indiana; or (B) outside Indiana, if the participating provider that operates the facility or building, or an affiliat…

Sec. 33. "Health facility property", for purposes of IC 5-1.2-7, means any tangible or intangible property or asset owned or used by a participating provider that: (1) is determined by the authority to be necessary or helpful, directly or indirectly, to provide: (A) health care; …

Sec. 34. "IHCDA" refers to the Indiana housing and community development authority created by IC 5-20-1. As added by P.L.189-2018, SEC.25.

Sec. 35. "Indiana brownfields fund" refers to the Indiana brownfields fund established by IC 5-1.2-12-3. As added by P.L.189-2018, SEC.25.

Sec. 36. "Indiana brownfields program" refers to the Indiana brownfields program established by IC 5-1.2-12-2. As added by P.L.189-2018, SEC.25. Amended by P.L.10-2019, SEC.10.

Sec. 37. "Internal Revenue Code" has the meaning set forth in IC 6-3-1-11. As added by P.L.189-2018, SEC.25.

Sec. 38. "ISMEL" refers to the Indiana secondary market for education loans, incorporated, designated by the governor under IC 20-12-21.2-2 (before its repeal) or IC 21-16-5-1. As added by P.L.189-2018, SEC.25.

Sec. 39. "Issuer", for purposes of IC 5-1.2-16, means the authority, IHCDA, ISMEL, a local unit, or any other issuer of bonds that must procure volume under the volume cap. As added by P.L.189-2018, SEC.25.

Sec. 4. "Bond", for purposes of IC 5-1.2-16, means any: (1) bond or mortgage credit certificate for which it is necessary to procure volume under the volume cap under Section 146 of the Internal Revenue Code; or (2) bond or other obligation for which a special volume cap is autho…

Sec. 40. "Liability", for purposes of an educational facility project under IC 5-1.2-8, means legal liability for damages (including costs of defense, legal costs and fees, and other claims for expenses) because of injuries to other persons or entities, damage to the property or …

Sec. 41. "Liability or other loss insurance reserves", for purposes of an educational facility project under IC 5-1.2-8, means a fund or funds set aside as a reserve to cover risk retained by an eligible member in connection with liability claims or other losses. As added by P.L.…

Sec. 42. "Loan contract", for purposes of financing a state facility under IC 5-1.2-5, means a debt instrument other than a revenue bond and includes but is not limited to a note. As added by P.L.189-2018, SEC.25.

Sec. 43. "Local transportation infrastructure program" refers to the local infrastructure program established by IC 5-1.2-15. As added by P.L.189-2018, SEC.25.

Sec. 44. "Local transportation infrastructure project" means a facility to be financed under the local transportation infrastructure program. As added by P.L.189-2018, SEC.25.

Sec. 45. "Local transportation infrastructure revolving fund" refers to the local transportation infrastructure revolving fund established under the local transportation infrastructure program. As added by P.L.189-2018, SEC.25.

Sec. 46. "Local unit", for purposes of IC 5-1.2-16, means a county, city, or town. As added by P.L.189-2018, SEC.25.

Sec. 47. "Mental health facility", for purposes of IC 5-1.2-5, means a building, a structure, or an improvement for the care, maintenance, or treatment of persons with mental or addictive disorders. As added by P.L.189-2018, SEC.25.

Sec. 48. "Mortgage credit certificate" refers to a mortgage credit certificate issued under Section 25 of the Internal Revenue Code. As added by P.L.189-2018, SEC.25.

Sec. 49. "NAICS Manual" refers to the current edition of the North American Industry Classification System Manual - United States published by the National Technical Information Service of the United States Department of Commerce. As added by P.L.189-2018, SEC.25.

Sec. 5. "Bonds" means any bonds, mortgage credit certificates, notes, debentures, interim certificates, revenue anticipation notes, warrants, or other evidence of indebtedness of the authority, and, for purposes of a refunding issue, means the same types of such evidence of indeb…

Sec. 50. "Net revenues", for purposes of financing a health facility and health facility property under IC 5-1.2-7, means the revenues of a hospital remaining after provision for proper and reasonable expenses of operation, repair, replacement, and maintenance of the hospital. As…

Sec. 51. "Nonprofit college or university", for purposes of an educational facility project under IC 5-1.2-8, has the meaning set forth in IC 21-7-13-23(a). As added by P.L.189-2018, SEC.25.

Sec. 52. "Park", for purposes of IC 5-1.2-6, includes any land suitable for public recreational facilities, including all parks, reservoirs, land, and water under the jurisdiction of the department of natural resources. The term does not include park and park facilities of politi…

Sec. 53. "Park project", for purposes of IC 5-1.2-6, includes facilities, renovations, improvements, adjuncts, and appurtenances necessary or proper to the operation of public parks, such as the following: (1) Means of ingress and egress and interior arterial systems. (2) Food an…

Sec. 54. "Participant" means the following: (1) For purposes of the wastewater program established under IC 5-1.2-10: (A) a political subdivision; or (B) any person, entity, association, trust, or other manner of participant allowed by law to enter contractual arrangements for a …

Sec. 55. "Participating provider", for purposes of financing a health facility and health facility property under IC 5-1.2-7, means a person, corporation, municipal corporation, political subdivision, or other entity, public or private, that: (1) is located in Indiana or outside …

Sec. 56. "Person" means an individual, a partnership, a corporation, a limited liability company, an unincorporated association, or a governmental entity. As added by P.L.189-2018, SEC.25.

Sec. 57. "Political subdivision" means any of the following: (1) A political subdivision (as defined in IC 36-1-2-13). (2) A regional water, sewage, or solid waste district organized under: (A) IC 13-26; or (B) IC 13-3-2 (before its repeal July 1, 1996). (3) A local public improv…

Sec. 58. "Pollution", for purposes of IC 5-1.2-9, means all forms of environmental pollution, including water pollution, air pollution, sewage, solid and radioactive waste, thermal pollution, radiation contamination, and noise pollution. As added by P.L.189-2018, SEC.25.

Sec. 58.4. "Pollution control facility", for purposes of IC 5-1.2-9, means a facility for the abatement, reduction, or prevention of pollution or for the removal or treatment of any substances in materials being processed that otherwise would cause pollution when used. This inclu…

Sec. 59. "Program" or "programs" means: (1) the drinking water program established under IC 5-1.2-10; (2) the Indiana brownfields program established under IC 5-1.2-12; (3) the flood control program established under IC 5-1.2-13; (4) the water infrastructure assistance program es…

Sec. 6. "Bond resolution" means the resolution or resolutions and the trust agreement, if any, authorizing or providing for the terms and conditions applicable to bonds issued under this article. As added by P.L.189-2018, SEC.25.

Sec. 60. "Public finance director" means the public finance director appointed under IC 5-1.2-3-6. As added by P.L.189-2018, SEC.25.

Sec. 61. "Public water system", for purposes of the drinking water program established under IC 5-1.2-10, and the supplemental program established under IC 5-1.2-11, has the meaning set forth in the federal Safe Drinking Water Act. As added by P.L.189-2018, SEC.25.

Sec. 62. "Referenced statutes" means all statutes that grant a power to or impose a duty on the authority, including but not limited to this article, IC 5-1-17, IC 5-1-17.1, IC 5-1-17.5, IC 5-1.3, IC 8-9.5, IC 8-14.5, IC 8-15, IC 8-15.5, and IC 8-16. As added by P.L.189-2018, SEC…

Sec. 63. "Regional blood center", for purposes of financing a health facility and health facility property under IC 5-1.2-7, means a nonprofit corporation or corporation created under 36 U.S.C. 1 that: (1) is: (A) accredited by the American Association of Blood Banks; or (B) regi…

Sec. 64. "Regional health facility", for purposes of financing a state facility under IC 5-1.2-5, means a building, a structure, or an improvement to a building or structure for the care, maintenance, or treatment of adults or children with mental illness, developmental disabilit…

Sec. 65. "Remediation", for purposes of the Indiana brownfields program established under IC 5-1.2-12, means any of the following: (1) Actions necessary to: (A) prevent; (B) minimize; or (C) mitigate; damages to the public health or welfare or to the environment that may otherwis…

Sec. 66. "Revenues", for purposes of an educational facility project under IC 5-1.2-8, means the rents, fees, charges, and other income or profit derived from the educational facility project. As added by P.L.189-2018, SEC.25.

Sec. 67. "Risk retention group", for purposes of an educational facility project under IC 5-1.2-8, means a trust, pool, corporation, limited liability company, partnership, or joint venture funded by and owned and operated for the benefit of more than one (1) eligible member. As …

Sec. 68. "Safe Drinking Water Act" refers to: (1) 42 U.S.C. 300f et seq., and laws supplemental and ancillary to these laws; and (2) regulations adopted under 42 U.S.C. 300f et seq., and laws supplemental and ancillary to these regulations. As added by P.L.189-2018, SEC.25.…

Sec. 69. "SIC Manual" refers to the current edition of the Standard Industrial Classification Manual of the United States Office of Management and Budget. As added by P.L.189-2018, SEC.25.

Sec. 7. "Building" or "buildings" or similar words, for purposes of financing health facility property under IC 5-1.2-7, mean any building or part of a building or addition to a building for health care purposes. The term includes the site for the building (if a site is to be acq…

Sec. 70. "Special volume cap" means the maximum dollar amount of bonds that may be allocated to the state under the authority of a federal act. The special volume cap is in addition to the volume cap as defined in section 80 of this chapter. As added by P.L.189-2018, SEC.25.