CHAPTER 13.5. SHORELINE DEVELOPMENT
IC 36-7-13.5
Chapter 13.5. Shoreline Development
IC 36-7-13.5-1
Definitions
Sec. 1. The following definitions apply throughout this chapter:
(1) "Commission" refers to the shoreline developmentcommission established by section 2 of this chapter.
(2) "Corridor" has the meaning set forth in IC 14-13-3-2.
(3) "Executive committee" refers to the executive committee ofthe commission established by section 13 of this chapter.
(4) "Fund" refers to the shoreline environmental trust fundestablished by section 19 of this chapter.
(5) "Qualifying property" means one (1) or more parcels of landin the corridor under common ownership, regardless of whetherany improvements are located on the land, with respect towhich:
(A) the:
(i) land is unused, if there are no improvements on theland; or
(ii) land and improvements are unused;
(B) all or a part of each parcel of the land is located withinfive hundred (500) yards of a lake or river; and
(C) there are significant obstacles to redevelopment becauseof any of the following:
(i) Obsolete or inefficient buildings.
(ii) Aging infrastructure or inefficient utility services.
(iii) Utility relocation requirements.
(iv) Transportation or access problems.
(v) Topographical obstacles.
(vi) Environmental contamination.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-2
Establishment
Sec. 2. The shoreline development commission is established.
As added by P.L.31-2001, SEC.1. Amended by P.L.33-2008, SEC.1.
IC 36-7-13.5-3
Members
Sec. 3. The commission consists of the following members:
(1) The following members appointed by the governor:
(A) The mayor of East Chicago.
(B) The mayor of Gary.
(C) The mayor of Hammond.
(D) The mayor of Michigan City.
(E) The mayor of Portage.
(F) The mayor of Whiting.
(G) Two (2) representatives, each from a steel company thatowns land abutting Lake Michigan with a continuous
shoreline of not less than one (1) mile.
(H) One (1) representative of a company that:
(i) is not a steel company; and
(ii) owns land abutting Lake Michigan with a continuousshoreline of not less than three-tenths (0.3) mile.
(I) One (1) representative of the department ofenvironmental management.
(J) One (1) representative of the department of naturalresources.
(K) One (1) representative of the Indiana department oftransportation.
(L) One (1) representative of Beverly Shores.
(M) One (1) representative of Burns Harbor.
(N) One (1) representative of Dune Acres.
(O) One (1) representative of Ogden Dunes.
(P) One (1) representative of the northwest Indiana advisoryboard established under IC 13-13-6.
(Q) One (1) representative of a public utility that owns realproperty that:
(i) is located in the counties contiguous to Lake Michigan;and
(ii) has a total assessed value that exceeds the totalassessed value of real property in the counties contiguousto Lake Michigan that is owned by any other public utility.
(R) The port director of the Port of Indiana-Burns Harbor.
(2) One (1) member, preferably from a visitor and tourismbusiness, appointed by the lieutenant governor.
(3) Two (2) members appointed by the speaker of the house ofrepresentatives who:
(A) are members of the house of representatives;
(B) represent house districts that have territory within thecorridor; and
(C) are not affiliated with the same political party.
If all the house districts that have territory within the corridorare represented by members of the house of representatives whoare from the same political party, the speaker shall appoint amember of the house of representatives who represents a housedistrict that is located anywhere in a county that has territorywithin the corridor to satisfy the requirement under clause (C).
(4) Two (2) members appointed by the president pro tempore ofthe senate who:
(A) are members of the senate;
(B) represent senate districts that have territory within thecorridor; and
(C) are not affiliated with the same political party.
If all the senate districts that have territory within the corridorare represented by members of the senate who are from thesame political party, the president pro tempore shall appoint amember of the senate who represents a senate district that islocated anywhere in a county that has territory within the
corridor to satisfy the requirement under clause (C).
As added by P.L.31-2001, SEC.1. Amended by P.L.33-2008, SEC.2.
IC 36-7-13.5-4
Steel company representatives; designation of member to serve forcurrent member
Sec. 4. (a) The members of the commission referred to in section3(1)(G) of this chapter may not represent the same steel company.
(b) A member of the commission referred to in section 3(1)(A)through 3(1)(F) of this chapter may designate an individual to serveon the commission in the member's place.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-5
Terms
Sec. 5. The term of each member is two (2) years.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-6
Vacancies
Sec. 6. A vacancy occurring in the membership of the commissionshall be filled by the appointing authority.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-7
Per diem; mileage and travel allowances
Sec. 7. (a) Each member of the commission who is a stateemployee but who is not a member of the general assembly isentitled to reimbursement for traveling expenses as provided in therules adopted under IC 4-13-1-4 and other expenses actually incurredin connection with the member's duties as provided in the statepolicies and procedures established by the Indiana department ofadministration and approved by the budget agency.
(b) Each member of the commission who is not a state employeeis entitled to the minimum salary per diem provided byIC 4-10-11-2.1(b). The member is also entitled to reimbursement fortraveling expenses as provided in the rules adopted under IC 4-13-1-4and other expenses actually incurred in connection with the member'sduties as provided in the state policies and procedures established bythe Indiana department of administration and approved by the budgetagency.
(c) Each member of the commission who is a member of thegeneral assembly is entitled to receive the same per diem, mileage,and travel allowances paid to legislative members of interim studycommittees established by the legislative council. Per diem, mileage,and travel allowances paid under this subsection shall be paid fromappropriations made to the legislative council or the legislativeservices agency.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-8
Required majority
Sec. 8. The affirmative votes of a majority of the members of thecommission are required for the commission to take action on anymeasure.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-9
Chairman; vice chairman; treasurer
Sec. 9. The chairman, vice chairman, and treasurer of theexecutive committee selected under section 14 of this chapter shallact in those same capacities with respect to the commission.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-10
Meetings
Sec. 10. (a) The commission:
(1) shall fix the time for regular meetings; and
(2) may hold special meetings on call of the chairman withseven (7) days written notice.
(b) A member may waive written notice of a specific meeting bya written notice filed with the commission.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-11
Duties
Sec. 11. The commission shall:
(1) identify qualifying properties;
(2) prepare a comprehensive master plan for development andredevelopment within the corridor that:
(A) plans for remediation of environmental contamination;
(B) accounts for economic development and transportationissues relating to environmental contamination; and
(C) establishes priorities for development or redevelopmentof qualifying properties;
(3) establish guidelines for the evaluation of applications forgrants from the fund;
(4) after reviewing a report from the department ofenvironmental management under section 22 of this chapter,refer to the executive committee applications for grants fromthe fund under section 21 of this chapter that the commissionrecommends for approval;
(5) prepare and provide information to political subdivisions onthe availability of financial assistance from the fund;
(6) coordinate the implementation of the comprehensive masterplan;
(7) monitor the progress of implementation of thecomprehensive master plan;
(8) report at least annually to the governor, the lieutenantgovernor, the Indiana economic development corporation, the
legislative council, and all political subdivisions that haveterritory within the corridor on:
(A) the activities of the commission; and
(B) the progress of implementation of the comprehensivemaster plan; and
(9) employ an executive director and other individuals that arenecessary to carry out the commission's duties.
An annual report under subdivision (8) to the legislative council mustbe in an electronic format under IC 5-14-6.
As added by P.L.31-2001, SEC.1. Amended by P.L.1-2002, SEC.160;P.L.28-2004, SEC.181; P.L.4-2005, SEC.133.
IC 36-7-13.5-12
Powers
Sec. 12. (a) When necessary to accomplish the purposes of thecommission, the commission may do the following:
(1) Conduct studies necessary for the performance of thecommission's duties.
(2) Publicize, advertise, and distribute reports on thecommission's purposes, objectives, and findings.
(3) Provide recommendations in matters related to thecommission's functions and objectives to the following:
(A) Political subdivisions that have territory within thecorridor.
(B) Other public and private agencies.
(4) When requested, act as a coordinating agency for programsand activities of other public and private agencies that arerelated to the commission's objectives.
(5) Receive grants and appropriations from the following:
(A) Federal, state, and local governments.
(B) Individuals.
(C) Foundations.
(D) Other organizations.
(b) The commission may contract for staff services with:
(1) qualified agencies or individuals; or
(2) a planning commission established under IC 36-7-7.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-13
Executive committee; establishment; membership
Sec. 13. (a) The executive committee of the commission isestablished.
(b) The executive committee consists of:
(1) the members of the commission referred to in section3(1)(A) through 3(1)(H) of this chapter; and
(2) the members of the commission referred to in section 3(2)through 3(4) of this chapter.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-14 Executive committee; officers
Sec. 14. (a) The executive committee shall elect the followingofficers from among the members of the executive committee:
(1) A chairman.
(2) A vice chairman.
(3) A treasurer.
(b) Each officer serves a term of one (1) year beginning July 1 ofeach year.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-15
Executive committee; required majority
Sec. 15. The affirmative votes of a majority of the members of theexecutive committee are required for the executive committee to takeaction on any measure.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-16
Executive committee; meetings
Sec. 16. (a) The executive committee:
(1) shall fix the time for regular meetings; and
(2) may hold special meetings on call of the chairman withseven (7) days written notice.
(b) A member may waive written notice of a specific meeting bya written notice filed with the executive committee.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-17
Executive committee; duties
Sec. 17. The executive committee shall:
(1) be responsible for the management of all functions relatedto the provision of grants to political subdivisions from the fundfor the purposes set forth in this chapter;
(2) review each grant application referred to the executivecommittee by the commission under section 11 of this chapter,including the report received from the department ofenvironmental management under section 22 of this chapter, todetermine whether to approve a grant;
(3) determine the amount of each grant to a political subdivisionapproved by the executive committee;
(4) approve, with appropriate signatures, each grant that theexecutive committee determines to make under this chapter; and
(5) prepare and adopt by majority vote an annual budget forcarrying out the activities of the commission.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-18
Executive committee; budget; expenditures
Sec. 18. (a) After approval of the budget by the executivecommittee, money may be expended only as budgeted, unless a
majority vote of the executive committee authorizes otherexpenditures.
(b) Appropriated money remaining unexpended or unencumberedat the end of the year becomes part of a nonreverting cumulative fundto be held in the name of the commission. The executive committeemay authorize unbudgeted expenditures from this fund by a majorityvote of the executive committee.
(c) The executive committee is responsible for the safekeepingand deposit of money the commission receives under this chapter.The state board of accounts shall:
(1) prescribe the methods and forms for keeping; and
(2) periodically audit;
the accounts, records, and books of the commission.
(d) The treasurer of the executive committee may receive,disburse, and handle money belonging to the commission, subject tothe following:
(1) Applicable statutes.
(2) Procedures established by the executive committee.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-19
Shoreline environmental trust fund
Sec. 19. The shoreline environmental trust fund is established toprovide a source of money for the following:
(1) The rehabilitation, redevelopment, and reuse of qualifyingproperty by providing grants to political subdivisions to conductany of the following activities:
(A) Identification and acquisition of qualifying propertywithin a political subdivision.
(B) Environmental assessment of identified qualifyingproperty and other activities necessary or convenient tocomplete the environmental assessments.
(C) Remediation of environmental contamination conductedon qualifying property.
(D) Clearance of real property under IC 36-7-14-12.2 orIC 36-7-15.1-7 in connection with remediation activities.
(E) Other activities necessary or convenient to returnqualified property to full use.
(2) The operations of the commission.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-20
Fund; administration; expenditures; investment of money
Sec. 20. (a) The budget agency shall:
(1) administer the fund; and
(2) report to the executive committee semiannually:
(A) revenue receipted to the fund;
(B) distributions from the fund; and
(C) the balance in the fund.
(b) The following shall be paid from money in the fund: (1) The expenses of administering the fund.
(2) Grants approved by the executive committee under section17 of this chapter.
(3) The amount budgeted by the executive committee for theoperations of the commission.
(c) The fund consists of the following:
(1) Appropriations made by the general assembly.
(2) Grants and gifts intended for deposit in the fund.
(3) Interest, gains, or other earnings of the fund.
(d) The budget agency shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public funds may be invested. Interest, gains, orother earnings from these investments shall be credited to the fund.
(e) As an alternative to subsection (d), the budget agency mayinvest or cause to be invested all or a part of the fund in a fiduciaryaccount with a trustee that is a financial institution. Notwithstandingany other law, any investment may be made by the trustee inaccordance with at least one (1) trust agreement or indenture. A trustagreement or indenture may allow disbursements by the trustee to thebudget agency as provided in the trust agreement or indenture. Thebudget agency and the state board of finance must approve any trustagreement or indenture before its execution.
(f) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-21
Grants from fund to political subdivisions
Sec. 21. (a) Before a political subdivision may receive a grantfrom the fund, the political subdivision must submit to thedepartment of environmental management and the commission thefollowing:
(1) A grant application, in the form prescribed by thedepartment of environmental management and the commission,that:
(A) identifies the qualifying property;
(B) includes any ordinances, resolutions, or otherdocumentation of the political subdivision's determination tosubmit the grant application;
(C) identifies the entity from which the qualifying propertyhas been acquired or will be acquired by the politicalsubdivision;
(D) specifies the cost of acquisition of the qualifyingproperty to the political subdivision, if any;
(E) identifies any environmental contamination of thequalifying property that will be subject to remediation;
(F) specifies the environmental remediation objectives withrespect to the qualifying property;
(G) estimates all costs the political subdivision will incurwith respect to the qualifying property; (H) evaluates the prospect for conveyance of the qualifyingproperty for use by a private or public entity; and
(I) includes a schedule of all actions taken or to be taken bythe political subdivision with respect to the qualifyingproperty between the time of acquisition and the anticipatedtime of conveyance by the political subdivision.
(2) Documentation of community and neighborhood commentconcerning the use of a qualifying property on whichenvironmental remediation activities will be undertaken afterenvironmental remediation activities are completed.
(b) A political subdivision may apply for a grant under thissection for activities under this chapter with respect to:
(1) qualifying property previously acquired by the politicalsubdivision by:
(A) purchase; or
(B) donation from a private or public entity; or
(2) qualifying property to be acquired using grant money.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-22
Duties of department of environmental management
Sec. 22. The department of environmental management shall dothe following under this chapter:
(1) Upon receipt of a grant application from a politicalsubdivision under section 21 of this chapter with respect to aqualifying property, evaluate the technical aspects of thepolitical subdivision's:
(A) environmental assessment of the property; and
(B) proposed environmental remediation with respect to theproperty.
(2) Submit to the commission a report of its evaluation undersubdivision (1).
(3) Evaluate the technical aspects of the political subdivision'senvironmental remediation activities conducted on qualifyingproperties.
(4) Act as a liaison with the United States EnvironmentalProtection Agency.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-23
Priority ranking system for grants
Sec. 23. The executive committee shall develop a priority rankingsystem for making grants under this chapter based on the following:
(1) The comprehensive master plan.
(2) Socioeconomic distress in an area, as determined by thepoverty level and unemployment rate in the area.
(3) The technical evaluation by the department ofenvironmental management under section 22 of this chapter.
(4) Other factors determined by the commission, including thefollowing: (A) The number and quality of jobs that would result fromreuse of the qualifying property.
(B) Housing, recreational, and educational needs ofcommunities.
(C) Any other factors the executive committee determineswill assist in the implementation of this chapter.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-24
Acceptable usages of grants
Sec. 24. (a) Based on the priority ranking system establishedunder section 23 of this chapter, the executive committee may makegrants from the fund to political subdivisions under this section.
(b) A grant must be used for at least one (1) of the purposes setforth in section 19 of this chapter and may be used to pay consultant,advisory, and legal fees and any other costs or expenses resultingfrom the assessment, planning, or environmental remediation of aqualifying property.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-25
Property donations
Sec. 25. If:
(1) a private entity offers a political subdivision a donation ofproperty for which the political subdivision intends to submit agrant application under section 21 of this chapter; and
(2) the donation of the property is conditioned on obtainingfrom the state a covenant not to sue the private entity for anypotential liability arising under state law associated withenvironmental contamination of the property;
the political subdivision may request that the commission seek thecovenant not to sue from the governor. The governor may execute acovenant not to sue under this section.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-26
Adoption of guidelines
Sec. 26. The executive committee may adopt guidelines orguidance documents to implement this chapter without complyingwith IC 4-22-2.
As added by P.L.31-2001, SEC.1.