CHAPTER 11.9. ECONOMIC DEVELOPMENT AND POLLUTION CONTROL; DEFINITIONS
IC 36-7-11.9
Chapter 11.9. Economic Development and Pollution Control;Definitions
IC 36-7-11.9-1
Application of definitions
Sec. 1. The definitions in this chapter apply throughout thischapter and IC 36-7-12.
As added by P.L.20-1985, SEC.14.
IC 36-7-11.9-2
"Developer"
Sec. 2. "Developer" means a person that proposes to enter, or hasentered, into a financing agreement with a unit for economicdevelopment or pollution control facilities and that has entered intoa separate agreement with some other person for the substantial useof the facilities financed.
As added by P.L.20-1985, SEC.14.
IC 36-7-11.9-3
"Economic development facilities"
Sec. 3. (a) "Economic development facilities" includes land;interests in land; site improvements; infrastructure improvements;buildings; structures; rehabilitation, renovation, and enlargement ofbuildings and structures; economic improvement projects underIC 36-7-22; machinery; equipment; and furnishings for the following:
(1) Facilities for manufacturing, warehousing, distribution, orprocessing of tangible or intangible property.
(2) Facilities for commercial, business, health care, orrecreational activities (whether for profit or not-for-profit),except for any of the following:
(A) Private or commercial golf course.
(B) Country club.
(C) Massage parlor.
(D) Tennis club.
(E) Skating facility (including roller skating, skateboarding,or ice skating).
(F) Racquet sports facility (including any handball orracquetball court).
(G) Hot tub facility.
(H) Suntan facility.
(I) Racetrack.
(J) Airplane.
(K) Skybox or other private luxury box.
(L) Health club.
(M) Any facility primarily used for gambling.
(N) Any store the principal business of which is the sale ofalcoholic beverages for consumption off premises.
As added by P.L.20-1985, SEC.14. Amended by P.L.2-1987, SEC.50;P.L.25-1987, SEC.42; P.L.131-2008, SEC.53.
IC 36-7-11.9-4
Repealed
(Repealed by P.L.25-1987, SEC.60.)
IC 36-7-11.9-5
"Financing"
Sec. 5. "Financing" includes the activities listed in IC 36-7-12-18.
As added by P.L.20-1985, SEC.14.
IC 36-7-11.9-6
"Financing agreement"
Sec. 6. "Financing agreement" means an agreement between a unitand a developer, user, or lender concerning the financing of, the titleto, or possession of economic development or pollution controlfacilities, and payments to the unit in respect of the financing, title,or possession.
As added by P.L.20-1985, SEC.14.
IC 36-7-11.9-7
"Lender"
Sec. 7. "Lender" means any federal or state chartered bank,federal land bank, savings association, production credit association,bank for cooperatives, or small business investment company, andincludes any other institution qualified to originate and service loans,such as an insurance company, credit union, or mortgage loancompany.
As added by P.L.20-1985, SEC.14. Amended by P.L.79-1998,SEC.107.
IC 36-7-11.9-8
"Pollution"
Sec. 8. "Pollution" means all forms of environmental pollution,including water pollution, air pollution, solid and radioactive waste,thermal pollution, radiation contamination, and noise pollution.
As added by P.L.20-1985, SEC.14.
IC 36-7-11.9-9
"Pollution control facilities"
Sec. 9. "Pollution control facilities" includes land; interests inland; site improvements; infrastructure improvements; buildings;structures; rehabilitation, renovation, and enlargement of buildingsand structures; machinery; equipment; and furnishings for facilitiesfor the abatement, reduction, or prevention of pollution, or for theremoval or treatment of any substances in materials being processedthat otherwise would cause pollution when used. This includes thefollowing:
(1) Coal washing, coal cleaning, or coal preparation facilitiesdesigned to reduce the sulfur and ash levels of Indiana coal.
(2) Coal-fired boiler facilities designed to reduce emissionswhile burning Indiana coal. (3) Pollution control equipment to allow for theenvironmentally sound use of Indiana coal.
As added by P.L.20-1985, SEC.14. Amended by P.L.25-1987,SEC.43.
IC 36-7-11.9-9.3
"Taxable bonds"
Sec. 9.3. "Taxable bonds" means bonds, the interest on which willnot be excluded from the gross income of the owners of the bondsunder Section 103 of the Internal Revenue Code.
As added by P.L.25-1987, SEC.44.
IC 36-7-11.9-9.7
"Tax-exempt bonds"
Sec. 9.7. "Tax-exempt bonds" means bonds, the interest on whichwill be excluded from the gross income of the owners of the bondsunder Section 103 of the Internal Revenue Code.
As added by P.L.25-1987, SEC.45.
IC 36-7-11.9-10
"User"
Sec. 10. "User" means a person that has entered into a financingagreement with a unit, a developer, or a lender in contemplation ofits use of the facilities referred to in the agreement.
As added by P.L.20-1985, SEC.14.