republic-os/legislation/us/states/in/2023/sb-246.md

type, title, description, jurisdiction, legislature, session, identifier, citation, classification, subjects, status, primary_sponsors, version_count, action_count, vote_count, first_action, last_action, source, source_identifier, source_url, source_hash, vintage, source_snapshot, retrieved_at, confidence, tags

type	title	description	jurisdiction	legislature	session	identifier	citation	classification	subjects	status	primary_sponsors	version_count	action_count	vote_count	first_action	last_action	source	source_identifier	source_url	source_hash	vintage	source_snapshot	retrieved_at	confidence	tags
Bill	Excess liability trust fund.	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.	us/states/in	Indiana General Assembly	2023	SB 246	Indiana SB 246 (2023)	bill	ADMINISTRATION STATE DEPARTMENT OF ENVIRONMENT generally ENVIRONMENTAL MANAGEMENT DEPARTMENT AND AGENCIES FIRE MARSHALS; DEPARTMENT OF FIRE AND BUILDING SERVICES HEALTH generally OIL AND GAS	enacted	Harold Slager Mike Gaskill Rick Niemeyer	6	33	1	2023-01-11	2023-05-04	openstates	ocd-bill/c5fd9371-e8b5-4cbd-93f9-40f0e9f2dcb0	http://iga.in.gov/legislative/2023/bills/senate/246	242f85cce761cf17940bae2872c321164abfeb0398793155964757d111345321	2026-07-01	https://data.openstates.org/daily/2026-07-01/public.pgdump	2026-07-06	reported	legislation bill us-in

Indiana SB 246 (2023) — Excess liability trust fund.

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.

Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

1. Enrolled Senate Bill (S) (committee substitute) — source
2. Introduced Senate Bill (S) (committee substitute) — source
3. Senate Bill (H) (committee substitute) — source
4. Senate Bill (H) (committee substitute) — source
5. Senate Bill (S) (committee substitute) — source
6. Senate Bill (S) (committee substitute) — source

Votes

• SB 246 - Slager - 3rd Reading — 94–2 (pass) · lower

Sponsors

• Harold Slager — primary (person)
• Mike Gaskill — primary (person)
• Rick Niemeyer — primary (person)
• Alan Morrison — cosponsor (person)
• Lonnie Randolph — coauthor (person)

Timeline

The legislative action history — every referral, reading, and vote.

• 2023-01-11 Authored by Senator Niemeyer
• 2023-01-11 First reading: referred to Committee on Environmental Affairs reading-1, referral-committee
• 2023-02-07 Committee report: amend do pass adopted; reassigned to Committee on Appropriations committee-passage, referral-committee
• 2023-02-21 Senator Gaskill added as second author
• 2023-02-23 Committee report: amend do pass, adopted committee-passage
• 2023-02-27 Second reading: ordered engrossed reading-2
• 2023-02-27 Senator Randolph added as coauthor
• 2023-02-28 Third reading: passed; Roll Call 188: yeas 49, nays 0 passage, reading-3, reading-3
• 2023-02-28 House sponsor: Representative Slager
• 2023-02-28 Cosponsor: Representative Morrison
• 2023-03-01 Referred to the House referral
• 2023-03-06 First reading: referred to Committee on Environmental Affairs reading-1, referral-committee
• 2023-03-30 Committee report: amend do pass, adopted committee-passage
• 2023-03-30 Referred to the Committee on Ways and Means pursuant to House Rule 127
• 2023-04-06 Committee report: amend do pass, adopted committee-passage
• 2023-04-10 Second reading: ordered engrossed reading-2
• 2023-04-11 Third reading: passed; Roll Call 385: yeas 94, nays 2 passage, reading-3, reading-3
• 2023-04-12 Returned to the Senate with amendments receipt
• 2023-04-17 Motion to dissent filed filing
• 2023-04-17 Senate dissented from House amendments
• 2023-04-18 Senate conferees appointed: Niemeyer and Niezgodski
• 2023-04-18 Senate advisors appointed: Yoder and Gaskill
• 2023-04-18 House conferees appointed: Slager and Bauer M
• 2023-04-18 House advisors appointed: Morrison, Payne, Smaltz and Jackson
• 2023-04-25 CCR # 1 filed in the Senate filing
• 2023-04-25 CCR # 1 filed in the House filing
• 2023-04-25 Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 502: yeas 85, nays 0
• 2023-04-26 Conference Committee Report 1: adopted by the Senate; Roll Call 488: yeas 48, nays 0
• 2023-04-28 Signed by the President of the Senate passage
• 2023-04-28 Signed by the President Pro Tempore passage
• 2023-05-01 Signed by the Speaker passage
• 2023-05-04 Public Law 176 became-law
• 2023-05-04 Signed by the Governor executive-signature

Source

OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/c5fd9371-e8b5-4cbd-93f9-40f0e9f2dcb0. Confidence: reported (aggregated from official Indiana legislature records).