Indiana 2023 Regular Session Status: Enacted Bipartisan · 3 R · 1 D cosponsors

SB 246 — Excess liability trust fund.

Last action — Signed by the Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 11, 2023. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 76% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    3 primary, 2 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 R · 1 D) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Defines "aboveground storage tank" as a tank or combination of tanks that is at least 90% above the surface of the ground, that has a capacity of more than 1,500 gallons but not more than 20,000 gallons, and that is used for the bulk storage and distribution of motor fuel to retailers or used at an airport. Changes the name of the underground petroleum storage excess liability fund to the "petroleum storage excess liability fund" (ELTF). Changes the name of the underground storage tank financial assurance board to the "petroleum storage tank financial assurance board" (financial assurance board). Transfers, from the state fire marshal and the fire prevention and building safety commission to the department of environmental management (department) and the environmental rules board, the authority to issue certificates for people who install, test, or decommission underground or aboveground storage tanks. Transfers rules concerning the certification program. Authorizes the use of the ELTF to provide a source of money to satisfy liabilities for corrective action involving aboveground storage tanks. Authorizes the use of the ELTF to provide reimbursement of 50% of costs of decommissioning or replacing underground petroleum storage tanks subject to certain conditions, but limits the total amounts that can be paid from the ELTF each year for this purpose. Requires the financial assurance board to adopt: (1) rules concerning this reimbursement program; and (2) rules under which ELTF eligibility and funding may be reopened for a release previously granted "no further action" status by the department. Provides that a subsequent owner of a property on which a restrictive covenant has been placed because of soil or water contamination due to a leaking underground or aboveground storage tank is eligible for reimbursement from the ELTF of remediation expenses if the tank was registered and all annual fees for the tank were paid before the eligible release. Provides that the commissioner of the department (commissioner) may not: (1) issue an order to secure compliance; or (2) proceed in court; to require the owner or operator of an underground storage tank to undertake corrective action with respect to a release of petroleum until the commissioner has received and reviewed the initial site characterization of the site of the release. Provides that, if a quantity of the released petroleum remains or may remain underground at a site, the commissioner is prohibited from: (1) requesting that the owner or operator execute a restrictive covenant applying to the site; (2) making a determination of no further action being required at the site; or (3) approving closure of the site; unless the commissioner has received and reviewed the initial site characterization, but allows the commissioner to require the owner or operator to undertake corrective action at the site before reviewing the initial site characterization in case of a threat to human health or the environment. Establishes requirements for initial site characterizations. Provides that a qualified environmental professional, upon behalf of a tank owner, may request a waiver of the initial site characterization requirements and suggest an alternative procedure. Provides that the fee for the inspection of gasoline or kerosene: (1) applies to "avgas" (aviation fuel used in piston engine powered aircraft) in the same manner and to the same extent as it applies to gasoline; and (2) applies to jet fuel in the same manner and to the same extent as it applies to kerosene. Establishes an aviation fuel account (account) within the ELTF and requires that the inspection fees on avgas and jet fuel be deposited in the account. Provides that the account may be used only for financial responsibility, corrective action, third party indemnification, and administration expenses related to avgas and jet fuel.

Bill Text

We don't have the full text on file for this bill yet.

Read SB 246 on the official Indiana source →

Action History

  1. Signed by the Governor

  2. Public Law 176

  3. Signed by the Speaker

  4. Signed by the President Pro Tempore

  5. Signed by the President of the Senate

  6. Conference Committee Report 1: adopted by the Senate; Roll Call 488: yeas 48, nays 0

  7. Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 502: yeas 85, nays 0

  8. CCR # 1 filed in the House

  9. CCR # 1 filed in the Senate

  10. House advisors appointed: Morrison, Payne, Smaltz and Jackson

  11. House conferees appointed: Slager and Bauer M

  12. Senate advisors appointed: Yoder and Gaskill

  13. Senate conferees appointed: Niemeyer and Niezgodski

  14. Senate dissented from House amendments

  15. Motion to dissent filed

  16. Returned to the Senate with amendments

  17. Third reading: passed; Roll Call 385: yeas 94, nays 2

  18. Second reading: ordered engrossed

  19. Committee report: amend do pass, adopted

  20. Referred to the Committee on Ways and Means pursuant to House Rule 127

  21. Committee report: amend do pass, adopted

  22. First reading: referred to Committee on Environmental Affairs

  23. Referred to the House

  24. Cosponsor: Representative Morrison

  25. House sponsor: Representative Slager

  26. Third reading: passed; Roll Call 188: yeas 49, nays 0

  27. Senator Randolph added as coauthor

  28. Second reading: ordered engrossed

  29. Committee report: amend do pass, adopted

  30. Senator Gaskill added as second author

  31. Committee report: amend do pass adopted; reassigned to Committee on Appropriations

  32. First reading: referred to Committee on Environmental Affairs

  33. Authored by Senator Niemeyer

Sponsors

Sponsorship breakdown

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3 sponsors · 2 co-sponsors · 145 not signed on

Sponsors (3)

Co-sponsors (2)

Not signed on (145)

145 members have not signed on to this bill.

Show all 145 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 246 do?
Defines "aboveground storage tank" as a tank or combination of tanks that is at least 90% above the surface of the ground, that has a capacity of more than 1,500 gallons but not more than 20,000 gallons, and that is used for the bulk storage and distribution of motor fuel to retailers or used at an airport. Changes the name of the underground petroleum storage excess liability fund to the "petroleum storage excess liability fund" (ELTF). Changes the name of the underground storage tank financial assurance board to the "petroleum storage tank financial assurance board" (financial assurance board). Transfers, from the state fire marshal and the fire prevention and building safety commission to the department of environmental management (department) and the environmental rules board, the authority to issue certificates for people who install, test, or decommission underground or aboveground storage tanks. Transfers rules concerning the certification program. Authorizes the use of the ELTF to provide a source of money to satisfy liabilities for corrective action involving aboveground storage tanks. Authorizes the use of the ELTF to provide reimbursement of 50% of costs of decommissioning or replacing underground petroleum storage tanks subject to certain conditions, but limits the total amounts that can be paid from the ELTF each year for this purpose. Requires the financial assurance board to adopt: (1) rules concerning this reimbursement program; and (2) rules under which ELTF eligibility and funding may be reopened for a release previously granted "no further action" status by the department. Provides that a subsequent owner of a property on which a restrictive covenant has been placed because of soil or water contamination due to a leaking underground or aboveground storage tank is eligible for reimbursement from the ELTF of remediation expenses if the tank was registered and all annual fees for the tank were paid before the eligible release. Provides that the commissioner of the department (commissioner) may not: (1) issue an order to secure compliance; or (2) proceed in court; to require the owner or operator of an underground storage tank to undertake corrective action with respect to a release of petroleum until the commissioner has received and reviewed the initial site characterization of the site of the release. Provides that, if a quantity of the released petroleum remains or may remain underground at a site, the commissioner is prohibited from: (1) requesting that the owner or operator execute a restrictive covenant applying to the site; (2) making a determination of no further action being required at the site; or (3) approving closure of the site; unless the commissioner has received and reviewed the initial site characterization, but allows the commissioner to require the owner or operator to undertake corrective action at the site before reviewing the initial site characterization in case of a threat to human health or the environment. Establishes requirements for initial site characterizations. Provides that a qualified environmental professional, upon behalf of a tank owner, may request a waiver of the initial site characterization requirements and suggest an alternative procedure. Provides that the fee for the inspection of gasoline or kerosene: (1) applies to "avgas" (aviation fuel used in piston engine powered aircraft) in the same manner and to the same extent as it applies to gasoline; and (2) applies to jet fuel in the same manner and to the same extent as it applies to kerosene. Establishes an aviation fuel account (account) within the ELTF and requires that the inspection fees on avgas and jet fuel be deposited in the account. Provides that the account may be used only for financial responsibility, corrective action, third party indemnification, and administration expenses related to avgas and jet fuel.
Who sponsors SB 246?
SB 246 is sponsored by Alan Morrison, Harold Slager (Republican), Lonnie Randolph (Democrat), Mike Gaskill (Republican), and Rick Niemeyer (Republican).
What is the current status of SB 246?
This bill has been enacted into law. Introduced January 11, 2023. Enacted.
Where can I track SB 246?
Track SB 246 free on One Click Politics — get push/email alerts when it moves.

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