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 development
commission 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 of
the commission established by section 13 of this chapter.
(4) "Fund" refers to the shoreline environmental trust fund
established by section 19 of this chapter.
(5) "Qualifying property" means one (1) or more parcels of land
in the corridor under common ownership, regardless of whether
any improvements are located on the land, with respect to
which:
(A) the:
(i) land is unused, if there are no improvements on the
land; or
(ii) land and improvements are unused;
(B) all or a part of each parcel of the land is located within
five hundred (500) yards of a lake or river; and
(C) there are significant obstacles to redevelopment because
of 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 that
owns 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 continuous
shoreline of not less than three-tenths (0.3) mile.
(I) One (1) representative of the department of
environmental management.
(J) One (1) representative of the department of natural
resources.
(K) One (1) representative of the Indiana department of
transportation.
(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 advisory
board established under IC 13-13-6.
(Q) One (1) representative of a public utility that owns real
property that:
(i) is located in the counties contiguous to Lake Michigan;
and
(ii) has a total assessed value that exceeds the total
assessed value of real property in the counties contiguous
to 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 tourism
business, appointed by the lieutenant governor.
(3) Two (2) members appointed by the speaker of the house of
representatives who:
(A) are members of the house of representatives;
(B) represent house districts that have territory within the
corridor; and
(C) are not affiliated with the same political party.
If all the house districts that have territory within the corridor
are represented by members of the house of representatives who
are from the same political party, the speaker shall appoint a
member of the house of representatives who represents a house
district that is located anywhere in a county that has territory
within the corridor to satisfy the requirement under clause (C).
(4) Two (2) members appointed by the president pro tempore of
the senate who:
(A) are members of the senate;
(B) represent senate districts that have territory within the
corridor; and
(C) are not affiliated with the same political party.
If all the senate districts that have territory within the corridor
are represented by members of the senate who are from the
same political party, the president pro tempore shall appoint a
member of the senate who represents a senate district that is
located 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 for
current member
Sec. 4. (a) The members of the commission referred to in section
3(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 serve
on 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 commission
shall 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 state
employee but who is not a member of the general assembly is
entitled to reimbursement for traveling expenses as provided in the
rules adopted under IC 4-13-1-4 and other expenses actually incurred
in connection with the member's duties as provided in the state
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(b) Each member of the commission who is not a state employee
is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
traveling expenses as provided in the rules adopted under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(c) Each member of the commission who is a member of the
general assembly is entitled to receive the same per diem, mileage,
and travel allowances paid to legislative members of interim study
committees established by the legislative council. Per diem, mileage,
and travel allowances paid under this subsection shall be paid from
appropriations made to the legislative council or the legislative
services 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 the
commission are required for the commission to take action on any
measure.
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 the
executive committee selected under section 14 of this chapter shall
act 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 with
seven (7) days written notice.
(b) A member may waive written notice of a specific meeting by
a 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 and
redevelopment within the corridor that:
(A) plans for remediation of environmental contamination;
(B) accounts for economic development and transportation
issues relating to environmental contamination; and
(C) establishes priorities for development or redevelopment
of qualifying properties;
(3) establish guidelines for the evaluation of applications for
grants from the fund;
(4) after reviewing a report from the department of
environmental management under section 22 of this chapter,
refer to the executive committee applications for grants from
the fund under section 21 of this chapter that the commission
recommends for approval;
(5) prepare and provide information to political subdivisions on
the availability of financial assistance from the fund;
(6) coordinate the implementation of the comprehensive master
plan;
(7) monitor the progress of implementation of the
comprehensive master plan;
(8) report at least annually to the governor, the lieutenant
governor, the Indiana economic development corporation, the
legislative council, and all political subdivisions that have
territory within the corridor on:
(A) the activities of the commission; and
(B) the progress of implementation of the comprehensive
master plan; and
(9) employ an executive director and other individuals that are
necessary to carry out the commission's duties.
An annual report under subdivision (8) to the legislative council must
be 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 the
commission, the commission may do the following:
(1) Conduct studies necessary for the performance of the
commission's duties.
(2) Publicize, advertise, and distribute reports on the
commission's purposes, objectives, and findings.
(3) Provide recommendations in matters related to the
commission's functions and objectives to the following:
(A) Political subdivisions that have territory within the
corridor.
(B) Other public and private agencies.
(4) When requested, act as a coordinating agency for programs
and activities of other public and private agencies that are
related 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 is
established.
(b) The executive committee consists of:
(1) the members of the commission referred to in section
3(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 following
officers 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 of
each 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 the
executive committee are required for the executive committee to take
action 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 with
seven (7) days written notice.
(b) A member may waive written notice of a specific meeting by
a 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 related
to the provision of grants to political subdivisions from the fund
for the purposes set forth in this chapter;
(2) review each grant application referred to the executive
committee by the commission under section 11 of this chapter,
including the report received from the department of
environmental management under section 22 of this chapter, to
determine whether to approve a grant;
(3) determine the amount of each grant to a political subdivision
approved by the executive committee;
(4) approve, with appropriate signatures, each grant that the
executive committee determines to make under this chapter; and
(5) prepare and adopt by majority vote an annual budget for
carrying 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 executive
committee, money may be expended only as budgeted, unless a
majority vote of the executive committee authorizes other
expenditures.
(b) Appropriated money remaining unexpended or unencumbered
at the end of the year becomes part of a nonreverting cumulative fund
to be held in the name of the commission. The executive committee
may authorize unbudgeted expenditures from this fund by a majority
vote of the executive committee.
(c) The executive committee is responsible for the safekeeping
and 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 to
the 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 to
provide a source of money for the following:
(1) The rehabilitation, redevelopment, and reuse of qualifying
property by providing grants to political subdivisions to conduct
any of the following activities:
(A) Identification and acquisition of qualifying property
within a political subdivision.
(B) Environmental assessment of identified qualifying
property and other activities necessary or convenient to
complete the environmental assessments.
(C) Remediation of environmental contamination conducted
on qualifying property.
(D) Clearance of real property under IC 36-7-14-12.2 or
IC 36-7-15.1-7 in connection with remediation activities.
(E) Other activities necessary or convenient to return
qualified 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 section
17 of this chapter.
(3) The amount budgeted by the executive committee for the
operations 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 not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest, gains, or
other earnings from these investments shall be credited to the fund.
(e) As an alternative to subsection (d), the budget agency may
invest or cause to be invested all or a part of the fund in a fiduciary
account with a trustee that is a financial institution. Notwithstanding
any other law, any investment may be made by the trustee in
accordance with at least one (1) trust agreement or indenture. A trust
agreement or indenture may allow disbursements by the trustee to the
budget agency as provided in the trust agreement or indenture. The
budget agency and the state board of finance must approve any trust
agreement or indenture before its execution.
(f) Money in the fund at the end of a state fiscal year does not
revert 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 grant
from the fund, the political subdivision must submit to the
department of environmental management and the commission the
following:
(1) A grant application, in the form prescribed by the
department of environmental management and the commission,
that:
(A) identifies the qualifying property;
(B) includes any ordinances, resolutions, or other
documentation of the political subdivision's determination to
submit the grant application;
(C) identifies the entity from which the qualifying property
has been acquired or will be acquired by the political
subdivision;
(D) specifies the cost of acquisition of the qualifying
property to the political subdivision, if any;
(E) identifies any environmental contamination of the
qualifying property that will be subject to remediation;
(F) specifies the environmental remediation objectives with
respect to the qualifying property;
(G) estimates all costs the political subdivision will incur
with respect to the qualifying property;
(H) evaluates the prospect for conveyance of the qualifying
property for use by a private or public entity; and
(I) includes a schedule of all actions taken or to be taken by
the political subdivision with respect to the qualifying
property between the time of acquisition and the anticipated
time of conveyance by the political subdivision.
(2) Documentation of community and neighborhood comment
concerning the use of a qualifying property on which
environmental remediation activities will be undertaken after
environmental remediation activities are completed.
(b) A political subdivision may apply for a grant under this
section for activities under this chapter with respect to:
(1) qualifying property previously acquired by the political
subdivision 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 do
the following under this chapter:
(1) Upon receipt of a grant application from a political
subdivision under section 21 of this chapter with respect to a
qualifying property, evaluate the technical aspects of the
political subdivision's:
(A) environmental assessment of the property; and
(B) proposed environmental remediation with respect to the
property.
(2) Submit to the commission a report of its evaluation under
subdivision (1).
(3) Evaluate the technical aspects of the political subdivision's
environmental remediation activities conducted on qualifying
properties.
(4) Act as a liaison with the United States Environmental
Protection 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 ranking
system for making grants under this chapter based on the following:
(1) The comprehensive master plan.
(2) Socioeconomic distress in an area, as determined by the
poverty level and unemployment rate in the area.
(3) The technical evaluation by the department of
environmental management under section 22 of this chapter.
(4) Other factors determined by the commission, including the
following:
(A) The number and quality of jobs that would result from
reuse of the qualifying property.
(B) Housing, recreational, and educational needs of
communities.
(C) Any other factors the executive committee determines
will 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 established
under section 23 of this chapter, the executive committee may make
grants from the fund to political subdivisions under this section.
(b) A grant must be used for at least one (1) of the purposes set
forth in section 19 of this chapter and may be used to pay consultant,
advisory, and legal fees and any other costs or expenses resulting
from the assessment, planning, or environmental remediation of a
qualifying 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 of
property for which the political subdivision intends to submit a
grant application under section 21 of this chapter; and
(2) the donation of the property is conditioned on obtaining
from the state a covenant not to sue the private entity for any
potential liability arising under state law associated with
environmental contamination of the property;
the political subdivision may request that the commission seek the
covenant not to sue from the governor. The governor may execute a
covenant 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 or
guidance documents to implement this chapter without complying
with IC 4-22-2.
As added by P.L.31-2001, SEC.1.