§ 5-1.2-12-4 — Duties and powers

Indiana § 5-1.2-12-4

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 1.2: INDIANA FINANCE AUTHORITY
• Ch. 12: Indiana Brownfields Program

Text

(a) The authority shall do the following under
this chapter:
(1) Be responsible for the management of all aspects of the
Indiana brownfields program.
(2) Prepare and provide program information.
(3) Negotiate the negotiable aspects of each financial assistance
agreement.
(4) Sign each financial assistance agreement.
(5) Review each proposed project and financial assistance
agreement to determine if the project meets the credit, economic,
or fiscal criteria established by guidelines of the authority.
(6) Periodically inspect or cause to be inspected projects to
determine compliance with this chapter.
(7) Conduct or cause to be conducted an evaluation concerning
the financial ability of a private individual or entity, nonprofit
entity, or political subdivision to:
(A) pay a loan or other financial assistance and other
obligations evidencing loans or other financial assistance, if
required to be paid; and
(B) otherwise comply with terms of the financial assistance
agreement.
(8) Evaluate or cause to be evaluated the technical aspects of the
private individual or entity, nonprofit entity, or political
subdivision's:
(A) environmental assessment of potential brownfield
properties;
(B) proposed remediation; and
(C) remediation activities conducted on brownfield properties.
(9) Inspect or cause to be inspected remediation activities
conducted under this chapter.
(10) Act as a liaison to the United States Environmental
Protection Agency regarding the Indiana brownfields program.
(11) Be a point of contact for private entities, nonprofit entities,
and political subdivisions concerning questions about the Indiana
brownfields program.
(12) Enter into memoranda of understanding, as necessary, with
the department of environmental management and the budget
agency concerning the administration and management of the
Indiana brownfields fund and the Indiana brownfields program.
(b) The authority may do the following under this chapter:
(1) Undertake activities to make private environmental insurance
products available to encourage and facilitate the cleanup and
redevelopment of brownfield properties.
(2) Enter into agreements with private entities, nonprofit entities,
and political subdivisions to manage any of the following
conducted on brownfield properties:
(A) Environmental assessment activities.
(B) Environmental remediation activities.
(C) Demolition and clearance activities.
(c) The authority may:
(1) negotiate with;
(2) select; and
(3) contract with;
one (1) or more insurers to provide insurance products as described in
subsection (b)(1).
(d) The authority may:
(1) negotiate with;
(2) select; and
(3) contract with;
one (1) or more environmental consultants to undertake the activities
described in subsection (b)(2) for the benefit of private entities,
nonprofit entities, and political subdivisions.
(e) Notwithstanding IC 13-23, IC 13-24-1, and IC 13-25-4, the
authority is not liable for any contamination addressed by the authority
under an agreement under subsection (b)(2) unless existing
contamination on the brownfield is exacerbated due to gross negligence
or intentional misconduct by the authority.
(f) For purposes of subsection (e), reckless, willful, or wanton
misconduct constitutes gross negligence.
(g) The authority is entitled to the same governmental immunity
afforded a political subdivision under IC 34-13-3-3(a)(22) for any act
taken to investigate or remediate hazardous substances, petroleum, or
other pollutants associated with a brownfield under an agreement under
subsection (b)(2).
(h) This chapter does not require the authority to provide a loan or
other financial assistance to any private individual or entity, nonprofit
entity, or political subdivision to the extent the authority determines
that providing the loan or other financial assistance is not in the best
interests of the Indiana brownfields program and the authority.

Legislative History

As added by P.L.189-2018, SEC.25. Amended by P.L.166-2021, SEC.1.