Ind. Code § 5-1.2-11-1 Request
Sec. 1. At the request of the department of environmental management, the authority shall carry out the program established under this chapter.
As added by P.L.189-2018, SEC.25.
Ind. Code ch. 5-1.2-11
Ind. Code ch. 5-1.2-11
in effectInd. Code § 5-1.2-11-2 Supplemental program; establishment
Sec. 2. The supplemental drinking water and wastewater assistance program (referred to in this chapter as "supplemental program") is established.
As added by P.L.189-2018, SEC.25. Amended by P.L.10-2019, SEC.20.
Ind. Code § 5-1.2-11-3 Supplemental fund
Sec. 3. (a) The supplemental drinking water and wastewater assistance fund (referred to in this chapter as "supplemental fund") is established.
(b) The authority shall administer, hold, and manage the supplemental fund.
(c) The cost of administering the supplemental fund may be paid from money in the supplemental fund.
(d) All money accruing to the supplemental fund is appropriated continuously for the purposes specified in this chapter.
(e) Money in the supplemental fund does not revert to the state general fund at the end of a state fiscal year.
As added by P.L.189-2018, SEC.25. Amended by P.L.10-2019, SEC.21.
Ind. Code § 5-1.2-11-4 Money; sources
Sec. 4. (a) The general assembly may appropriate money to the supplemental fund.
(b) Grants or gifts of money to the supplemental fund and proceeds of the sale of:
(1) gifts to the supplemental fund; and
(2) loans and other financial assistance, as provided in this chapter;
shall be deposited in the supplemental fund.
(c) Repayments of loans and other financial assistance from the supplemental fund, including interest, premiums, and penalties, shall be deposited in the supplemental fund.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-11-5 Money; investment
Sec. 5. (a) The authority shall invest the money in the supplemental fund in accordance with an investment policy adopted by the authority. Interest, premiums, gains, or other earnings from the investments shall be credited to and deposited in the supplemental fund.
(b) As an alternative to subsection (a), the authority may invest or cause to be invested all or a part of the supplemental fund in a fiduciary account or accounts with a trustee that is a financial institution. Notwithstanding any other law, any investment may be made by the trustee in accordance with one (1) or more trust agreements or indentures. A trust agreement or indenture may permit disbursements by the trustee to the authority, a participant, or any other person as provided in the trust agreement or indenture.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-11-6 Uses of money in supplemental fund
Sec. 6. Money in the supplemental fund may be used to do the following:
(1) Provide grants, loans, or other financial assistance to or for the benefit of participants for the planning, designing, acquisition, construction, renovation, improvement, or expansion of the following:
(A) A public water system, whether or not those other activities are allowed by the federal Clean Water Act or the federal Safe Drinking Water Act.
(B) A wastewater or storm water collection and treatment system.
The money may be used to pay for other activities necessary or convenient to complete these tasks, regardless of whether those other activities are allowed by the federal Clean Water Act or the federal Safe Drinking Water Act.
(2) Provide grants, loans, or other financial assistance to political subdivisions for tasks associated with the development and preparation of:
(A) long term control plans;
(B) use attainability analyses; and
(C) storm water management programs.
(3) Provide grants, loans, or other financial assistance to or for the benefit of participants for the planning, designing, acquisition, construction, renovation, improvement, or expansion of septic relief systems in accordance with guidelines of the authority.
(4) Provide interest subsidies.
(5) Establish guaranties, reserves, or sinking funds, including guaranties, reserves, or sinking funds to secure and pay, in whole or in part, loans or other financial assistance made from sources other than the supplemental fund (including financial institutions) for a purpose allowed by subdivision (1).
(6) Pay financing charges, including interest on the loan or other financial assistance during construction and for a reasonable period after the completion of construction.
(7) Pay the cost of administering the supplemental fund and the supplemental program.
(8) Conduct all other activities that are allowed by the federal Clean Water Act or the federal Safe Drinking Water Act.
As added by P.L.189-2018, SEC.25. Amended by P.L.18-2022, SEC.3.
Ind. Code § 5-1.2-11-7 Grants, loans, or other financial assistance; criteria
Sec. 7. The authority shall develop criteria to make or provide grants, loans, or other financial assistance from the supplemental fund.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-11-8 Grants, loans, or other financial assistance; terms and conditions
Sec. 8. The authority must establish the terms and conditions that the authority considers necessary or convenient to make grants or loans or provide other financial assistance under this chapter.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-11-9 Discretion of the authority
Sec. 9. This chapter does not require the authority to provide a loan or other financial assistance to any participant to the extent the authority determines loan or financial assistance is not in the best interests of the supplemental program and the authority.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-11-10 Loans or other financial assistance; necessary documents
Sec. 10. A loan or other financial assistance from the fund must be accompanied by the following:
(1) All papers and opinions required by the authority.
(2) Unless otherwise provided by the guidelines of the authority, the following:
(A) An approving opinion of nationally recognized bond counsel.
(B) A certification and guarantee of signatures.
(C) A certification that, as of the date of the loan or other financial assistance:
(i) no litigation is pending challenging the validity of or entry into the loan or other financial assistance or any security for the loan or other financial assistance; or
(ii) if litigation is pending, the litigation will not have a material adverse effect on the validity of the loan or other financial assistance or any security for the loan or other financial assistance.
(D) If litigation is pending, as an alternative to the certification described in clause (C), an opinion of legal counsel that the litigation will not have a material adverse effect on the validity of the loan or other financial assistance.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-11-11 Financial assistance agreement
Sec. 11. A participant receiving a grant, loan, or other financial assistance from the supplemental fund shall enter into a financial assistance agreement. A financial assistance agreement related to the supplemental program is a valid, binding, and enforceable agreement of the participant.
As added by P.L.189-2018, SEC.25.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/5Fetched: 10/17/2026