Ind. Code § 5-1.2-13-1 Request
Sec. 1. At the request of the department of natural resources, the authority shall carry out the program established under this chapter.
As added by P.L.189-2018, SEC.25.
Ind. Code ch. 5-1.2-13
Ind. Code ch. 5-1.2-13
in effectInd. Code § 5-1.2-13-2 Flood control program and fund; establishment
Sec. 2. (a) The flood control program is established.
(b) The flood control fund is created to provide money for loans and financial assistance to or for the benefit of participants under this chapter as part of the flood control program.
(c) The flood control fund must be used exclusively for the purposes of this chapter.
(d) The authority shall hold the flood control fund in the name of the authority. The authority shall administer the flood control fund in the manner provided by IC 5-1.2-4 and this chapter.
(e) Money in the flood control fund does not revert to the state general fund.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-13-3 Loans and financial assistance; procedures
Sec. 3. Loans and financial assistance may be made from the flood control fund to participants in the manner provided by IC 5-1.2-4 and this chapter.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-13-4 Loans and financial assistance; use of money
Sec. 4. The authority may make an approved loan or provide other financial assistance from the flood control fund to a participant. The money loaned or provided must be used by the participant only for the purpose of undertaking approved assistance.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-13-5 Loans and financial assistance; conditions
Sec. 5. The authority may make an approved loan or provide other financial assistance from the flood control fund to a participant for an eligible activity only if:
(1) the eligible activity is authorized and approved by ordinance or resolution enacted by the governing board of the participant; and
(2) the assistance has been approved by the authority.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-13-6 Application; financial assistance agreement; assurances
Sec. 6. (a) The authority shall authorize the making of a loan or providing other financial assistance to a participant under this chapter subject to the following:
(1) An application for the loan or other financial assistance to undertake an eligible activity has been submitted by the participant to the authority in the manner and form that the authority directs. The application must state the following:
(A) The need for the requested eligible activity and the need for the loan or other financial assistance for undertaking the requested eligible activity.
(B) A detailed description of the requested eligible activity.
(C) An engineering estimate of the cost of the requested eligible activity.
(D) The amount of the loan or other financial assistance considered to be needed.
(E) Other information that is requested by the authority.
(2) By entering into a financial assistance agreement, the authority determines that the eligible activity for which the approved assistance is provided will preserve, protect, or benefit the health, safety, and general welfare of the inhabitants of the participant's jurisdiction and the citizens of the state.
(3) The participant agrees and furnishes assurance, satisfactory to the authority, that after completion, the participant will operate and maintain the eligible activity receiving approved assistance.
(b) This chapter does not require the authority to provide a loan or other financial assistance to any participant to the extent it determines that providing the loan or other financial assistance is not in the best interests of the flood control program and the authority.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-13-7 Duties and powers
Sec. 7. (a) The participant:
(1) shall undertake and complete work related to the eligible activity receiving approved assistance; and
(2) may provide labor, equipment, and materials from any source available to the participant related to the eligible activity receiving approved assistance.
(b) The authority may do the following:
(1) Evaluate the participation of the participant in the accomplishment of the eligible activity receiving approved assistance.
(2) Require a contribution by the participant toward the total cost of the eligible activity receiving approved assistance.
(c) Any participation required under this section shall be supervised by the governing board of the participant.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-13-8 Priority ranking system
Sec. 8. (a) The authority shall use a priority ranking system in making loans or providing other financial assistance from the flood control fund. The authority, in consultation with other state agencies the authority determines to be appropriate, shall develop the priority ranking system to achieve the purposes of this chapter.
(b) If an emergency demands immediate relief from actual or threatened flood damage, the application made by a participant for a loan or financial assistance may be considered regardless of a previous priority rating ascribed to the applicant.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-13-9 Interest rates
Sec. 9. (a) The authority shall establish the interest rate or parameters for establishing the interest rate on each loan and other financial assistance made under this chapter, including parameters for establishing the amount of interest subsidies.
(b) The authority, in setting the interest rate or parameters for establishing the interest rate on each loan and other financial assistance, may take the following into account:
(1) Credit risk.
(2) Environmental enforcement and protection.
(3) Affordability.
(4) Other fiscal factors the authority considers relevant, including the program's cost of flood control funds and whether the financial assistance provided to a particular participant is taxable or tax exempt under federal law.
Based on the factors set forth in subdivisions (1) through (4), more than one (1) interest rate may be established and used for loans and other financial assistance to different participants or for different loans and other financial assistance to the same participants.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-13-10 Financial assistance agreement
Sec. 10. A participant receiving a loan or other financial assistance from the flood control fund shall enter into a financial assistance agreement with the authority. A financial assistance agreement related to the flood control program is a valid, binding, and enforceable agreement on the participant.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-13-11 Loan or other financial assistance; required documents
Sec. 11. 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 § 5-1.2-13-12 Levy for flood control purposes
Sec. 12. (a) Except as provided in subsection (b), a participant receiving a loan or other financial assistance under:
(1) this chapter;
(2) IC 13-2-23 (before its repeal); or
(3) IC 14-28-5 (before its repeal);
may levy an annual tax on personal and real property located within the geographical limits of the participant for flood control purposes. The tax is in addition to any other tax authorized by law to be levied for flood control purposes. The tax shall be levied at the rate that will produce sufficient revenue to pay the annual installment and interest on a loan or other financial assistance made under this chapter, under IC 13-2-23 (before its repeal), or under IC 14-28-5 (before its repeal). The tax at the rate authorized in this section is in addition to the maximum annual rates prescribed by law.
(b) This subsection applies to the participation of the Kankakee River basin and Yellow River basin development commission. If the commission receives a loan or other financial assistance under this chapter, the commission must pay the annual installment and interest on the loan or other financial assistance from any combination of the direct support payments received under IC 14-13-9-21, the proceeds of special assessments imposed under IC 14-13-9-21, or other funds of the commission deemed acceptable by the authority.
As added by P.L.189-2018, SEC.25. Amended by P.L.282-2019, SEC.2.
Ind. Code § 5-1.2-13-13 Default; withholding from distributions
Sec. 13. If a participant fails to make a payment to the flood control fund or any other payment required by this chapter, under IC 13-2-23 (before its repeal), or under IC 14-28-5 (before its repeal) or is in any way indebted to the flood control fund for an amount incurred or accrued, the state may recover the amount through any of the following:
(1) The state may, through the attorney general and on behalf of the authority, file a suit in the circuit or a superior court with jurisdiction in the county in which the participant is located to recover the amount that the participant owes the flood control fund.
(2) The state comptroller may, after a sixty (60) day written notice to the participant, withhold the payment and distribution of state money that the defaulting participant is entitled to receive under Indiana law.
(3) For a special taxing district, upon certification by the state comptroller after a sixty (60) day written notice to the special taxing district, the auditor of each county containing land within the special taxing district shall withhold collected tax money for the special taxing district and remit the withheld tax money to the state comptroller. The state comptroller shall make a payment to the flood control fund in the name of the special taxing district. Upon elimination of the delinquency payment, the state comptroller shall certify the fact to the auditors of the counties involved and any additional withheld tax money shall be released to the special taxing district.
As added by P.L.189-2018, SEC.25. Amended by P.L.9-2024, SEC.115.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/5Fetched: 10/17/2026