Title 5, TITLE 5. STATE AND LOCAL ADMINISTRATION

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 5-1-17.5, 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.25.

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.

Sec. 71. "State agency" means an authority, a board, a commission, a committee, a department, a division, or other instrumentality of state government, but does not include a state educational institution. As added by P.L.189-2018, SEC.25.

Sec. 72. "State educational institution", for purposes of an educational facility project under IC 5-1.2-8, has the meaning set forth in IC 21-7-13-32. As added by P.L.189-2018, SEC.25.

Sec. 73. " State facility", for purposes of IC 5-1.2-5, means all or any part of one (1) or more buildings, structures, or improvements (whether new or existing), or parking areas (whether surface or an above or below ground parking garage or garages), owned or leased by the auth…

Sec. 74. "Storm water management program" means a program that is consistent with the requirements in: (1) 40 CFR 122.26(d)(2)(iv) for a proposed management program; or (2) 40 CFR 122.34 for a storm water management program. As added by P.L.189-2018, SEC.25.

Sec. 75. "Supplemental fund" refers to the supplemental drinking water and wastewater assistance fund established by IC 5-1.2-11. As added by P.L.189-2018, SEC.25.

Sec. 76. "Supplemental program" refers to the supplemental drinking water and wastewater assistance program established by IC 5-1.2-11. As added by P.L.189-2018, SEC.25.

Sec. 77. "Taxable bonds" means bonds, the interest on which will not be excluded from the gross income of the owners of the bonds under Section 103 of the Internal Revenue Code. As added by P.L.189-2018, SEC.25.

Sec. 78. "Tax exempt bonds" means bonds, the interest on which is excludable from the gross income of the owners of the bonds under Section 103 of the Internal Revenue Code. As added by P.L.189-2018, SEC.25.

Sec. 79. "User" means a person who has entered into a financing agreement with the authority or lender or a contract for use with the developer or lender in contemplation of the person's use of an economic development project. As added by P.L.189-2018, SEC.25.

Sec. 8. "Carryforward election", for purposes of IC 5-1.2-16, means a carryforward election of a part of the volume cap made under the authority of Section 146(f) of the Internal Revenue Code. As added by P.L.189-2018, SEC.25.

Sec. 80. "Volume cap", as it relates to a year, means the maximum dollar amount of bonds that may be issued by issuers within that year under Section 146 of the Internal Revenue Code. As added by P.L.189-2018, SEC.25.

Sec. 81. "Wastewater program" refers to the wastewater revolving loan program established by IC 5-1.2-10. As added by P.L.189-2018, SEC.25.

Sec. 82. "Wastewater SRF fund" refers to the wastewater revolving loan fund established by IC 5-1.2-10. As added by P.L.189-2018, SEC.25.

Sec. 83. "Water infrastructure assistance program" refers to the water infrastructure assistance program established by IC 5-1.2-14. As added by P.L.189-2018, SEC.25. Amended by P.L.10-2019, SEC.11.

Sec. 84. "Water infrastructure grant program" refers to the water infrastructure grant program established by IC 5-1.2-14.5. As added by P.L.154-2021, SEC.6.

Sec. 9. "Clean Water Act" refers to: (1) 33 U.S.C. 1251 et seq., and laws supplemental and ancillary to 33 U.S.C. 1251 et seq.; and (2) regulations adopted under 33 U.S.C. 1251 et seq., and laws supplemental and ancillary to these regulations. As added by P.L.189-2018, SEC.25.…

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.189-2018, SEC.26.

Sec. 10. "Obligations" means bonds, loan contracts, notes, bond anticipation notes, commercial paper, leases, lease-purchases, installment purchases, certificates of participation in agreements or programs, other evidences of indebtedness, or other agreements or purchasing progra…

Sec. 12. "Political subdivision" has the meaning set forth in IC 36-1-2-13, but does not include a township. As added by P.L.189-2018, SEC.26.

Sec. 13. "Property owner" means all individuals, copartnerships, associations, governmental units or entities, corporations, limited liability companies, or other legal entities having any title or interest in any land, rights-of-way, property, rights, easements, or legal or equi…

Sec. 14. "Rail project" refers only to a rail project as defined in IC 36-7.5-1-13.5 and includes all land, rights-of-way, property, rights, easements, materials, and legal or equitable interests that may be acquired by the IFA, the NWIRDA, or the NICTD for the construction of th…

Sec. 15. "Unit" has the meaning set forth in IC 36-1-2-23, but does not include a township. As added by P.L.189-2018, SEC.26.

Sec. 2. "Bonds" refers to bonds of: (1) the IFA issued under IC 5-1.3-6; or (2) the NWIRDA issued under IC 5-1.3-6. As added by P.L.189-2018, SEC.26.

Sec. 3. "Capitalized interest" means interest cost on bonds or notes before and during the period of construction of the rail project for which the bonds or notes were issued, and for a period not to exceed two (2) years after completion of construction. As added by P.L.189-2018,…

Sec. 4. "Construction" means constructing, acquiring, renovating, rehabilitating, reconstructing, improving, extending, and equipping a rail project. As added by P.L.189-2018, SEC.26.

Sec. 5. "Costs" as applied to any rail project, includes any item or cost incurred in the construction of a rail project, including: (1) the cost of construction; (2) the cost of acquisition of all land, rights-of-way, property, rights, easements, and any other legal or equitable…

Sec. 6. "IFA" refers to the Indiana finance authority established by IC 5-1.2-3. As added by P.L.189-2018, SEC.26.

Sec. 7. "NICTD" refers to the northern Indiana commuter transportation district established under IC 8-5-15. As added by P.L.189-2018, SEC.26.

Sec. 8. "Notes" refers to notes of the IFA or the NWIRDA issued under IC 5-1.3-6 and includes any evidences of indebtedness of the IFA or the NWIRDA, including notes issued in anticipation of the receipt of grant proceeds from the federal government, but does not include bonds. A…

Sec. 9. "NWIRDA" refers to the northwest Indiana regional development authority established under IC 36-7.5-2-1. As added by P.L.189-2018, SEC.26.

purpose Sec. 1. (a) In a city there is established a local public improvement bond bank, to be known as "The ____________ (name of city) __________ Local Public Improvement Bond Bank", for: (1) the public purposes set out in this article; and (2) in the case of a city described i…

Sec. 1.5. The general assembly finds that the establishment of a local public improvement bond bank in a city described in IC 5-1.4-1-5(3): (1) is necessary as a result of: (A) unique sources of revenues available to the city in relation to its budget; (B) extraordinary needs for…

vacancy Sec. 2. (a) There is established a board of directors to govern the bank. The powers of the bank are vested in this board. (b) The board is composed of five (5) directors appointed by the mayor of the city. (c) Each of the five (5) directors appointed by the mayor: (1) mu…

Sec. 3. The board shall do the following: (1) Elect from its membership a chairman and a vice chairman. (2) Appoint and fix the duties and compensation of an executive director, who shall serve as both secretary and treasurer. The executive director may be the fiscal officer of t…