Ind. Code ch. 13-23-11

Ind. Code ch. 13-23-11
in effect

Ind. Code § 13-23-11-1 Creation

Sec. 1. The petroleum storage tank financial assurance board is created. [Pre-1996 Recodification Citation: 13-7-20-35(a).] As added by P.L.1-1996, SEC.13. Amended by P.L.176-2023, SEC.45.

Ind. Code § 13-23-11-2 Members

Sec. 2. (a) The board consists of the following ten (10) members: (1) The administrator or the administrator's designee. (2) One (1) member nominated by the treasurer of state in consultation with the commissioner of the department of state revenue. (3) One (1) member representing the independent petroleum wholesale distributor-marketer industry. (4) One (1) member representing the petroleum refiner-supplier industry. (5) One (1) member of the financial lending community who has experience with loan guaranty programs. (6) One (1) member representing the convenience store operator industry or independent petroleum retail distributor-marketer industry. (7) One (1) member representing environmental interests. (8) One (1) member representing an environmental consulting firm that performs work involving underground storage tank or aboveground storage tank corrective actions. (9) One (1) member representing the property and casualty insurance industry. (10) One (1) member representing airports. (b) The governor shall appoint the members specified in subsection (a)(2) through (a)(10) for terms of four (4) years. (c) The governor may consider nomination and recommendations for members appointed under subsection (a)(2) through (a)(10) from representative constituencies. [Pre-1996 Recodification Citation: 13-7-20-35(b).] As added by P.L.1-1996, SEC.13. Amended by P.L.131-1997, SEC.4; P.L.113-2014, SEC.78; P.L.200-2017, SEC.16; P.L.176-2023, SEC.46; P.L.135-2026, SEC.245.

Ind. Code § 13-23-11-3 Compensation

Sec. 3. (a) Each member of the board 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 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 board who is a state employee is entitled to reimbursement for traveling expenses 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. [Pre-1996 Recodification Citation: 13-7-20-35(c), (d).] As added by P.L.1-1996, SEC.13.

Ind. Code § 13-23-11-4 Vacancies; appointment; term

Sec. 4. (a) If an appointed member of the board is not able to serve the member's full term, the governor shall appoint an individual to serve for the remainder of the unexpired term. (b) The term of an appointed member of the board continues until the member's successor has been appointed. (c) No member may serve more than two (2) consecutive terms. [Pre-1996 Recodification Citation: 13-7-20-35(e).] As added by P.L.1-1996, SEC.13. Amended by P.L.135-2026, SEC.246.

Ind. Code § 13-23-11-5 Officers

Sec. 5. The governor may designate from among the board's members a chairperson and other officers necessary to transact business. [Pre-1996 Recodification Citation: 13-7-20-35(f).] As added by P.L.1-1996, SEC.13. Amended by P.L.135-2026, SEC.247.

Ind. Code § 13-23-11-6 Quorum; requirements for action

Sec. 6. (a) The board must have a quorum to transact business. Five (5) members constitute a quorum. (b) An affirmative vote of the majority of members present is required for the board to take action. [Pre-1996 Recodification Citation: 13-7-20-35(g).] As added by P.L.1-1996, SEC.13. Amended by P.L.131-1997, SEC.5; P.L.113-2014, SEC.79; P.L.135-2026, SEC.248.

Ind. Code § 13-23-11-7 Duties of board; department consultation with board

Sec. 7. (a) The board shall do the following: (1) Adopt rules under IC 4-22-2 and IC 13-14-9 necessary to do the following: (A) Carry out the duties of the board under this article. (B) Establish standards and procedures under which: (i) eligible parties may submit ELTF claims; and (ii) the administrator of the ELTF may pay ELTF claims. (C) Establish standards for determining the reasonableness and cost effectiveness of corrective action for purposes of reimbursement from the ELTF under IC 13-23-9-1.5(a)(1). (D) Establish standards for priorities in the payment of ELTF claims, including a priority for claims associated with releases from USTs and ASTs that pose an immediate and significant threat to the environment. (E) Provide reimbursement from the petroleum storage tank excess liability trust fund for fifty percent (50%) of costs of decommissioning or replacing underground petroleum storage tanks that meet the criteria under IC 13-23-9-1.7. (F) Establish procedures to reopen ELTF eligibility and funding for a release previously granted "no further action" (NFA) status by the department should either the department or the owner of the underground petroleum storage tank or aboveground petroleum storage tank subsequently decide to permanently decommission the use of the site as a UST facility or AST facility and undertake the investigation and remediation of any residual contamination arising from the site's former use as a UST facility or AST facility. Before reopening ELTF eligibility and funding, the administrator may require that the applicant provide information regarding the planned future use of the site. (2) Receive a report at every meeting of the board from the administrator or the administrator's designee regarding the financial condition and operation of the ELTF, including: (A) a breakdown of contractual and administrative expenses the department is claiming from the ELTF under IC 13-23-7-1(a)(4); and (B) a claims statistics report consisting of: (i) the status and amounts of claims submitted to the ELTF; and (ii) ELTF claims payments made. (3) Consult with the department on administration of the ELTF in developing uniform policies and procedures for revenue collection and claims administration of the ELTF. (b) The department shall consult with the board on administration of the ELTF. The consultation must include evaluation of alternative means of administering the ELTF in a cost effective and efficient manner. [Pre-1996 Recodification Citation: 13-7-20-35(h).] As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.19; P.L.2-1997, SEC.49; P.L.131-1997, SEC.6; P.L.25-1997, SEC.16; P.L.253-1997(ss), SEC.16; P.L.2-1998, SEC.55; P.L.63-1998, SEC.5; P.L.14-2001, SEC.17; P.L.113-2014, SEC.80; P.L.96-2016, SEC.40; P.L.176-2023, SEC.47; P.L.135-2026, SEC.249.

Ind. Code § 13-23-11-8 Repealed

[Pre-1996 Recodification Citation: 13-7-20-35.1.] As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.20. Repealed by P.L.25-1997, SEC.18.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/13Fetched: 10/17/2026

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