Ind. Code ch. 13-23-7

Ind. Code ch. 13-23-7
in effect

Ind. Code § 13-23-7-1 Purposes of ELTF; limit on payment of certain expenses; trust fund

Sec. 1. (a) The petroleum storage tank excess liability trust fund (or ELTF) is established for the following purposes: (1) Assisting owners and operators of underground petroleum storage tanks to establish evidence of financial responsibility as required under IC 13-23-4. (2) Providing a source of money to satisfy liabilities for corrective action for underground petroleum storage tanks and aboveground storage tanks. (3) Providing a source of money for the indemnification of third parties under IC 13-23-9-3. (4) Providing a source of money to pay for the expenses of the department incurred in: (A) paying and administering claims against the ELTF for those job activities and expenses that consist exclusively of administering the ELTF; (B) inspecting underground storage tanks and aboveground storage tanks; (C) establishing and implementing an online underground storage tank and aboveground storage tank operator training program that complies with the requirements of the federal Energy Policy Act of 2005; and (D) project management and oversight of eligible releases. (5) Providing a source of money to pay for the expenses of the department incurred under section 7(b) of this chapter. (b) The expenses described in subsection (a)(4) that are paid from the ELTF in a state fiscal year may not exceed eleven percent (11%) of the fund income in the immediately preceding state fiscal year. (c) The ELTF is designated as a trust fund. [Pre-1996 Recodification Citation: 13-7-20-31(a).] As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.5; P.L.14-2001, SEC.4; P.L.114-2008, SEC.23; P.L.105-2011, SEC.2; P.L.96-2016, SEC.12; P.L.176-2023, SEC.39.

Ind. Code § 13-23-7-1.2 Aviation fuel account

Sec. 1.2. (a) The aviation fuel account is established within the ELTF. The account shall be administered by the commissioner or the commissioner's designee. (b) The account consists of the following: (1) Fees on the inspection of avgas (as defined in IC 16-44-2-0.5) and jet fuel (as defined in IC 16-44-2-1.5) that are deposited in the account under IC 16-44-2-18(g). (2) All earnings on investments of funds in the account. (3) Gifts and donations intended for deposit in the account. (4) Any other money authorized to be deposited in or appropriated to the account. (c) Money in the account is continuously appropriated for purposes of this section. (d) The treasurer of state shall invest the money in the account not currently needed to meet the obligations of the account in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the account. (e) Money in the account may be used only for the following purposes: (1) Assisting owners and operators of tanks used for the storage of avgas or jet fuel in establishing evidence of financial responsibility, if necessary under IC 13-23-4. (2) Providing a source of money to satisfy liabilities for corrective action involving avgas or jet fuel. (3) Providing a source of money for the indemnification of third parties under IC 13-23-9-3 in claims involving avgas or jet fuel. (4) Providing a source of money to pay the expenses incurred by the department: (A) for job activities and expenses that consist exclusively of administering the aviation fuel account; (B) in inspecting aviation fuel storage tanks; and (C) in providing training through the program established under IC 13-23-7-1(a)(4)(C) to operators of underground and aboveground tanks used to store avgas or jet fuel. (5) Beginning December 31, 2023, annually providing to the airport development grant fund established by IC 8-21-11-4 an amount equal to the difference between: (A) the entire balance in the aviation fuel account; and (B) a reserve amount that, in combination with an estimate of the fees that will be deposited in the aviation fuel account under subsection (b)(1) during the following calendar year, is reasonably anticipated by the commissioner or the commissioner's designee as administrator of the aviation fuel account to be sufficient to meet the purposes set forth in subdivisions (1) through (4) in the following year. (f) The expenses of administering the account shall be paid from money in the account. (g) Money that is in the account at the end of a state fiscal year does not revert to the state general fund. As added by P.L.176-2023, SEC.40.

Ind. Code § 13-23-7-2 Sources of money for ELTF

Sec. 2. Sources of money for the ELTF are the following: (1) Appropriations from the general assembly. (2) Gifts and donations intended for deposit in the fund. (3) Inspection fees paid under IC 16-44-2. (4) Any other money authorized to be deposited in or appropriated to the trust fund. [Pre-1996 Recodification Citation: 13-7-20-31(b).] As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.6; P.L.96-2016, SEC.13; P.L.189-2018, SEC.126.

Ind. Code § 13-23-7-3 Administration of ELTF

Sec. 3. The commissioner or the commissioner's designee shall administer the ELTF. [Pre-1996 Recodification Citation: 13-7-20-31(c).] As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.7; P.L.96-2016, SEC.14.

Ind. Code § 13-23-7-4 Expenses of administering UST law

Sec. 4. The expenses of administering the provisions of this article that are funded by the ELTF, including: (1) IC 13-23-8; (2) IC 13-23-9; (3) IC 13-23-11; and (4) IC 13-23-12; shall be paid from money in the ELTF. [Pre-1996 Recodification Citation: 13-7-20-31(d).] As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.8; P.L.14-2001, SEC.5; P.L.96-2016, SEC.15.

Ind. Code § 13-23-7-5 Investments

Sec. 5. The treasurer of state shall invest the money in the ELTF not currently needed to meet the obligations of the ELTF in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the ELTF. [Pre-1996 Recodification Citation: 13-7-20-31(e).] As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.9; P.L.96-2016, SEC.16; P.L.135-2026, SEC.241.

Ind. Code § 13-23-7-6 Reversion to general fund

Sec. 6. Money in the ELTF at the end of a state fiscal year does not revert to the state general fund. [Pre-1996 Recodification Citation: 13-7-20-31(f).] As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.10; P.L.96-2016, SEC.17.

Ind. Code § 13-23-7-7 Audit of ELTF; independent actuarial study

Sec. 7. (a) The state board of accounts shall audit the ELTF. (b) Once every five (5) years, the department shall arrange for an independent actuarial study examining the future obligations and fiscal sustainability of the ELTF. As added by P.L.9-1996, SEC.25. Amended by P.L.181-2015, SEC.34; P.L.96-2016, SEC.18.

Ind. Code § 13-23-7-9 Repealed

As added by P.L.137-2007, SEC.25. Amended by P.L.158-2013, SEC.192. Repealed by P.L.96-2016, SEC.20.

Ind. Code § 13-23-7-10 Repealed

As added by P.L.19-2012, SEC.1. Amended by P.L.244-2013, SEC.1. Repealed by P.L.96-2016, SEC.21.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/13Fetched: 10/17/2026