Ind. Code ch. 5-1.2-2

Ind. Code ch. 5-1.2-2
in effect

Ind. Code § 5-1.2-2-1 Application of definitions; priority of definitions

Sec. 1. (a) The definitions in this chapter apply throughout this article and the referenced statutes unless the context of the statute clearly denotes otherwise. (b) To the extent that a definition in a referenced statute is inconsistent with the definition in this chapter, the definition in the referenced statute prevails. (c) Except as provided in subsection (b), to the extent that this article is inconsistent with any other general, special, or local law, this article is controlling and supersedes all other laws. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-2 "Approved assistance"

Sec. 2. "Approved assistance", for purposes of the flood control program established under IC 5-1.2-13, means any loan or other financial assistance: (1) that is requested by a participant for an eligible activity; and (2) that the authority makes available to the participant. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-3 "Authority"

Sec. 3. "Authority" refers to the Indiana finance authority established by this article. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-4 "Bond"

Sec. 4. "Bond", for purposes of IC 5-1.2-16, means any: (1) bond or mortgage credit certificate for which it is necessary to procure volume under the volume cap under Section 146 of the Internal Revenue Code; or (2) bond or other obligation for which a special volume cap is authorized under a federal act. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-5 "Bonds"

Sec. 5. "Bonds" means any bonds, mortgage credit certificates, notes, debentures, interim certificates, revenue anticipation notes, warrants, or other evidence of indebtedness of the authority, and, for purposes of a refunding issue, means the same types of such evidence of indebtedness of the authority and types of evidence of indebtedness of a unit (as defined in IC 36-1-2-23) issued for the purpose of refunding, renewing, paying, or otherwise providing for the payment of any such evidence of indebtedness. As added by P.L.189-2018, SEC.25. Amended by P.L.10-2019, SEC.9.

Ind. Code § 5-1.2-2-6 "Bond resolution"

Sec. 6. "Bond resolution" means the resolution or resolutions and the trust agreement, if any, authorizing or providing for the terms and conditions applicable to bonds issued under this article. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-7 "Building" or "buildings"

Sec. 7. "Building" or "buildings" or similar words, for purposes of financing health facility property under IC 5-1.2-7, mean any building or part of a building or addition to a building for health care purposes. The term includes the site for the building (if a site is to be acquired), equipment, heating facilities, sewage disposal facilities, landscaping, walks, drives, parking facilities, and other structures, facilities, appurtenances, materials, and supplies that may be considered necessary to render a building suitable for use and occupancy for health care purposes. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-8 "Carryforward election"

Sec. 8. "Carryforward election", for purposes of IC 5-1.2-16, means a carryforward election of a part of the volume cap made under the authority of Section 146(f) of the Internal Revenue Code. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-9 "Clean Water Act"

Sec. 9. "Clean Water Act" refers to: (1) 33 U.S.C. 1251 et seq., and laws supplemental and ancillary to 33 U.S.C. 1251 et seq.; and (2) regulations adopted under 33 U.S.C. 1251 et seq., and laws supplemental and ancillary to these regulations. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-10 "Construction"

Sec. 10. "Construction", for purposes of financing a state facility under IC 5-1.2-5, means the erection, renovation, refurbishing, or alteration of all or any part of a building, an improvement, or a structure, including installation of fixtures or equipment, landscaping of grounds, site work, and providing for other ancillary facilities pertinent to the building, improvement, or structure. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-11 "Correctional facility"

Sec. 11. "Correctional facility", for purposes of financing a state facility under IC 5-1.2-5, means a building, a structure, or an improvement for the custody, care, confinement, or treatment of committed persons under IC 11. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-12 "Cost"

Sec. 12. "Cost" includes the following: (1) As applied to financing a health facility and health facility property under IC 5-1.2-7, the following: (A) The cost and the incidental and related costs of the acquisition, repair, restoration, reconditioning, refinancing, or installation of health facility property. (B) The cost of any property interest in health facility property, including an option to purchase a leasehold interest. (C) The cost of constructing health facility property, or an addition to health facility property, acquiring health facility property, or remodeling health facility property. (D) The cost of architectural, engineering, legal, trustee, underwriting, and related services; the cost of the preparation of plans, specifications, studies, surveys, and estimates of cost and of revenue; and all other expenses necessary or incident to planning, providing, or determining the need for or the feasibility and practicability of health facility property. (E) The cost of financing charges, including premiums or prepayment penalties and interest accrued during the construction of health facility property or before the acquisition and installation or refinancing of the health facility property for up to two (2) years after the construction, acquisition, and installation or refinancing, and startup costs related to health facility property for up to two (2) years after such construction, acquisition, and installation or refinancing. (F) The costs paid or incurred in connection with the financing of health facility property, including: (i) out-of-pocket expenses; (ii) the cost of any policy of insurance; (iii) the cost of printing, engraving, and reproduction services; and (iv) the cost of the initial or acceptance fee of any trustee or paying agent. (G) The costs of the authority, incurred in connection with providing health facility property, including reasonable sums to reimburse the authority for time spent by its agents or employees in providing and financing health facility property. (H) The cost paid or incurred for the administration of any program for the purchase or lease of or the making of loans for health facility property, by the authority, and any program for the sale or lease of or making of loans for health facility property to any participating provider. (2) As applied to a park or park project under IC 5-1.2-6, the following: (A) The cost of construction, renovation, or improvement. (B) The cost of acquisition of all land, rights in land, rights-of-way, property, rights, easements, and interests, including land under water and riparian rights acquired by the commission for construction. (C) The cost of demolishing or removing any buildings or structures on land acquired, including the cost of acquiring any land to which buildings or structures may be moved. (D) The cost of relocating public roads, railroads, and public utility facilities, including the cost of land or easements. (E) The cost of all machinery and equipment, financing charges, and interest before and during construction. (F) The cost of engineering and legal expenses, plans, specifications, surveys, estimates of use, and revenues. (G) Other expenses necessary or incident to determining the feasibility or practicability of financing and constructing any project. (H) Administrative expense. (I) Other expenses that are necessary or incident to the construction of the project, the financing of construction, and the placing of the project in operation, including an initial bond service reserve. (3) As applied to an educational facility project under IC 5-1.2-8, all costs necessary or incident to the acquisition, construction, or funding of an educational facility project under that chapter, including the costs of refunding or refinancing outstanding indebtedness incurred for the financing of the educational facility project, reserves for principal and interest, engineering, legal, architectural, and all other necessary and incidental expenses, together with interest on bonds issued to finance the educational facility project to a date six (6) months after the estimated date of completion. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-13 "Cost of the project"

Sec. 13. "Cost of the project", for purposes of an economic development project under IC 5-1.2-9, means the cost or fair market value of construction, equipment, lands, property rights, easements, franchises, patents, financing charges, interest cost during construction, engineering and legal services, plans, specifications, surveys, cost estimates, studies, and other expenses as may be necessary or incident to the development, construction, financing, and placing in operation of an economic development project. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-14 "County"

Sec. 14. "County", for purposes of financing health facility property under IC 5-1.2-7, means any county in the state that owns and operates a county hospital. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-15 "Covered taxes"

Sec. 15. "Covered taxes" refers to any of the following: (1) The state gross retail tax imposed under IC 6-2.5-2-1 or the use tax imposed under IC 6-2.5-3-2. (2) The adjusted gross income tax imposed under IC 6-3-2-1. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-16 "Developer"

Sec. 16. "Developer", for purposes of an economic development project under IC 5-1.2-9, means a person who proposes to enter, or has entered, into a financing agreement with the authority for an economic development project and who has entered into a separate agreement with some other persons for the substantial use of the facilities financed. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-17 "Drinking water program"

Sec. 17. "Drinking water program" refers to the drinking water revolving loan program established by IC 5-1.2-10. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-18 "Drinking water SRF fund"

Sec. 18. "Drinking water SRF fund" refers to the drinking water revolving loan fund established by IC 5-1.2-10-3. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-19 "Economic development project"

Sec. 19. "Economic development project", for purposes of IC 5-1.2-9, means projects and undertakings that include: (1) the acquisition of land, site improvements, infrastructure improvements, buildings, or structures, rehabilitation, renovation, and enlargement of buildings and structures, machinery, equipment, furnishings, or facilities (or any combination of these), comprising or being functionally related and subordinate to any project (whether manufacturing, commercial, agricultural, environmental, technological, or otherwise), the development or expansion of which serves the public purposes set forth in IC 5-1.2-1; and (2) educational facility projects. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-20 "Educational facility"

Sec. 20. "Educational facility", for purposes of an educational facility project under IC 5-1.2-8, means any educational facility property located within Indiana that: (1) is suitable for: (A) the instruction, feeding, recreation, or housing of students; (B) the conduct of research or other work of a nonprofit college or university; or (C) use by a nonprofit college or university in connection with any educational, research, or related or incidental activity conducted by the nonprofit college or university; and (2) is not used or is not to be used for sectarian instruction or study or as a place for devotional activities or workshop. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-21 "Educational facility project"

Sec. 21. (a) "Educational facility project" includes the following: (1) As applied to an educational facility project under IC 5-1.2-8, the following: (A) The acquisition, construction, enlarging, remodeling, renovation, improvement, furnishing, or equipping of an educational facility by the authority for a nonprofit college or university. (B) The funding of any liability, other loss, or insurance reserves or the funding and contribution of these insurance reserves or other capital to a risk retention group to provide insurance coverage against liability claims or other losses. (2) As applied to an educational facility project under IC 5-1.2-9, the following: (A) The acquisition of land, site improvements, infrastructure improvements, buildings, or structures, the rehabilitation, renovation, and enlargement of buildings and structures, machinery, equipment, furnishings, or facilities (or any combination of these): (i) comprising or being functionally related and subordinate to any aquaria, botanical societies, historical societies, libraries, museums, performing arts associations or societies, scientific societies, zoological societies, and independent elementary, secondary, or postsecondary educational institutions (or any combination of these) that engage in the cultural, intellectual, scientific, educational, or artistic enrichment of the people of the state, the development or expansion of which serves the purposes set forth in IC 5-1.2-9; and (ii) not used or not to be used primarily for sectarian instruction or study or as a place for devotional activities. (B) Funding (including reimbursement or refinancing) by a nonprofit organization described in subsection (b) of: (i) real property and improvements; (ii) personal property; or (iii) noncapital costs to fund a judgment, a settlement, or other cost or liability, other than an ordinary and recurring operating cost or expenditure. (b) For purposes of subsection (a)(2)(B), a nonprofit organization must: (1) be qualified as tax exempt under Section 501(c)(3) of the Internal Revenue Code; and (2) have headquarters or a primary educational or exhibit facility located on property owned by or titled in the name of the state or an agency, a commission, or an instrumentality of the state that serves the purposes set forth in IC 5-1.2-9. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-22 "Educational facility property"

Sec. 22. "Educational facility property", for purposes of an educational facility project under IC 5-1.2-8, means any real, personal, or mixed property, or any interest in real property or mixed property, including: (1) any real estate, appurtenances, buildings, easements, equipment, furnishings, furniture, improvements, machinery, or rights-of-way and structures; or (2) any interest in real estate, appurtenances, buildings, easements, equipment, furnishings, furniture, improvements, machinery, or rights-of-way and structures. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-23 "Eligible activity"

Sec. 23. "Eligible activity", for purposes of the flood control program established under IC 5-1.2-13 and the water infrastructure grant program established by IC 5-1.2-14.5, includes the following: (1) The removal of obstructions and accumulated debris from channels of streams. (2) The clearing and straightening of channels of streams. (3) The creating of new and enlarged channels of streams, wherever required. (4) The building or repairing of dikes, levees, or other flood protective works. (5) The construction of bank protection works for streams. (6) The establishment of floodways. (7) The conducting of all other activities that are allowed by the federal Flood Control Act and federal Clean Water Act. As added by P.L.189-2018, SEC.25. Amended by P.L.154-2021, SEC.2.

Ind. Code § 5-1.2-2-24 "Eligible member"

Sec. 24. "Eligible member", for purposes of an educational facility project under IC 5-1.2-8, means a state educational institution or any nonprofit college or university. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-25 "Equipment"

Sec. 25. "Equipment", for purposes of an economic development project under IC 5-1.2-9, means any capital item. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-26 "Financial assistance agreement"

Sec. 26. (a) "Financial assistance agreement", for purposes of the wastewater program and drinking water program established under IC 5-1.2-10, the supplemental program established under IC 5-1.2-11, the Indiana brownfields program established under IC 5-1.2-12, the flood control program established under IC 5-1.2-13, the water infrastructure assistance program established under IC 5-1.2-14, the water infrastructure grant program established by IC 5-1.2-14.5, the local transportation infrastructure program established under IC 5-1.2-15, and the residential housing infrastructure assistance program established by IC 5-1.2-15.5, refers to a financial assistance agreement, financial aid agreement, grant agreement, or any other obligation between the authority and a participant under those chapters establishing the terms and conditions of a grant, loan, or other financial assistance, including forgiveness of principal if allowed under federal law, by the authority to the participant under those chapters. (b) Nothing in this section restricts the authority from denominating any financial assistance agreement by any other name the authority determines to be administratively convenient. As added by P.L.189-2018, SEC.25. Amended by P.L.154-2021, SEC.3; P.L.204-2023, SEC.1.

Ind. Code § 5-1.2-2-27 "Financing agreement"

Sec. 27. "Financing agreement", for purposes of an economic development project under IC 5-1.2-9, means an agreement that is entered into between the authority and a developer, user, or lender concerning the financing of, the title to, or possession of an economic development project and that provides for payments to the authority in an amount sufficient to pay the principal of, premium on, if any, and interest on bonds authorized by the authority for the financing of an economic development project. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-28 "Flood control fund"

Sec. 28. "Flood control fund" refers to the flood control fund established by IC 5-1.2-13. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-29 "Flood control program"

Sec. 29. "Flood control program" refers to the flood control program established by IC 5-1.2-13. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-30 "Governing board"

Sec. 30. "Governing board", for purposes of the flood control program established under IC 5-1.2-13, means the legislative body created by law to administer the affairs of the participant. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-31 "Hazardous substance"

Sec. 31. "Hazardous substance", for purposes of the Indiana brownfields program established under IC 5-1.2-12, has the meaning set forth in IC 13-11-2-98. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-32 "Health facility"

Sec. 32. "Health facility", for purposes of IC 5-1.2-7, means any facility or building that is: (1) owned or used by a participating provider; (2) located: (A) in Indiana; or (B) outside Indiana, if the participating provider that operates the facility or building, or an affiliate of the participating provider, also operates a substantial health facility or facilities, as determined by the authority, in Indiana; and (3) utilized, directly or indirectly: (A) in: (i) health care; (ii) habilitation, rehabilitation, or therapeutic services; (iii) medical research; (iv) the training or teaching of health care personnel; or (v) any related supporting services; (B) to provide: (i) a residential facility for individuals with a physical, mental, or emotional disability; (ii) a residential facility for individuals with a physical or mental illness; or (iii) a residential facility for the elderly; or (C) as a licensed child caring institution that provides residential care described in IC 12-7-2.1-60(1) or corresponding provisions of the laws of the state in which the facility or building is located. As added by P.L.189-2018, SEC.25. Amended by P.L.145-2026, SEC.13.

Ind. Code § 5-1.2-2-33 "Health facility property"

Sec. 33. "Health facility property", for purposes of IC 5-1.2-7, means any tangible or intangible property or asset owned or used by a participating provider that: (1) is determined by the authority to be necessary or helpful, directly or indirectly, to provide: (A) health care; (B) medical research; (C) training or teaching of health care personnel; (D) habilitation, rehabilitation, or therapeutic services; or (E) any related supporting services; regardless of whether the property is in existence at the time of, or is to be provided after the making of, the finding; (2) is: (A) a residential facility for individuals with a physical, mental, or emotional disability; (B) a residential facility for individuals with a physical or mental illness; or (C) a residential facility for the elderly; or (3) is a licensed child caring institution providing residential care described in IC 12-7-2.1-60(1) or corresponding provisions of the laws of the state in which the property is located. As added by P.L.189-2018, SEC.25. Amended by P.L.145-2026, SEC.14.

Ind. Code § 5-1.2-2-34 "IHCDA"

Sec. 34. "IHCDA" refers to the Indiana housing and community development authority created by IC 5-20-1. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-35 "Indiana brownfields fund"

Sec. 35. "Indiana brownfields fund" refers to the Indiana brownfields fund established by IC 5-1.2-12-3. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-36 "Indiana brownfields program"

Sec. 36. "Indiana brownfields program" refers to the Indiana brownfields program established by IC 5-1.2-12-2. As added by P.L.189-2018, SEC.25. Amended by P.L.10-2019, SEC.10.

Ind. Code § 5-1.2-2-37 "Internal Revenue Code"

Sec. 37. "Internal Revenue Code" has the meaning set forth in IC 6-3-1-11. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-38 "ISMEL"

Sec. 38. "ISMEL" refers to the Indiana secondary market for education loans, incorporated, designated by the governor under IC 20-12-21.2-2 (before its repeal) or IC 21-16-5-1. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-39 "Issuer"

Sec. 39. "Issuer", for purposes of IC 5-1.2-16, means the authority, IHCDA, ISMEL, a local unit, or any other issuer of bonds that must procure volume under the volume cap. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-40 "Liability"

Sec. 40. "Liability", for purposes of an educational facility project under IC 5-1.2-8, means legal liability for damages (including costs of defense, legal costs and fees, and other claims for expenses) because of injuries to other persons or entities, damage to the property or business of other persons or entities, or other damage or loss to the other persons or entities resulting from or arising out of any activity of an eligible member. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-41 "Liability or other loss insurance reserves"

Sec. 41. "Liability or other loss insurance reserves", for purposes of an educational facility project under IC 5-1.2-8, means a fund or funds set aside as a reserve to cover risk retained by an eligible member in connection with liability claims or other losses. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-42 "Loan contract"

Sec. 42. "Loan contract", for purposes of financing a state facility under IC 5-1.2-5, means a debt instrument other than a revenue bond and includes but is not limited to a note. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-43 "Local transportation infrastructure program"

Sec. 43. "Local transportation infrastructure program" refers to the local infrastructure program established by IC 5-1.2-15. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-44 "Local transportation infrastructure project"

Sec. 44. "Local transportation infrastructure project" means a facility to be financed under the local transportation infrastructure program. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-45 "Local transportation infrastructure revolving fund"

Sec. 45. "Local transportation infrastructure revolving fund" refers to the local transportation infrastructure revolving fund established under the local transportation infrastructure program. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-46 "Local unit"

Sec. 46. "Local unit", for purposes of IC 5-1.2-16, means a county, city, or town. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-47 "Mental health facility"

Sec. 47. "Mental health facility", for purposes of IC 5-1.2-5, means a building, a structure, or an improvement for the care, maintenance, or treatment of persons with mental or addictive disorders. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-48 "Mortgage credit certificate"

Sec. 48. "Mortgage credit certificate" refers to a mortgage credit certificate issued under Section 25 of the Internal Revenue Code. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-49 "NAICS Manual"

Sec. 49. "NAICS Manual" refers to the current edition of the North American Industry Classification System Manual - United States published by the National Technical Information Service of the United States Department of Commerce. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-50 "Net revenues"

Sec. 50. "Net revenues", for purposes of financing a health facility and health facility property under IC 5-1.2-7, means the revenues of a hospital remaining after provision for proper and reasonable expenses of operation, repair, replacement, and maintenance of the hospital. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-51 "Nonprofit college or university"

Sec. 51. "Nonprofit college or university", for purposes of an educational facility project under IC 5-1.2-8, has the meaning set forth in IC 21-7-13-23(a). As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-52 "Park"

Sec. 52. "Park", for purposes of IC 5-1.2-6, includes any land suitable for public recreational facilities, including all parks, reservoirs, land, and water under the jurisdiction of the department of natural resources. The term does not include park and park facilities of political subdivisions of the state. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-53 "Park project"

Sec. 53. "Park project", for purposes of IC 5-1.2-6, includes facilities, renovations, improvements, adjuncts, and appurtenances necessary or proper to the operation of public parks, such as the following: (1) Means of ingress and egress and interior arterial systems. (2) Food and lodging facilities. (3) Camping areas. (4) Boating facilities. (5) Public participation sports facilities. (6) Parking lots. (7) Garages. (8) Trailer sites. (9) Automotive service facilities. (10) Communication systems. (11) Sewers, drains, and other sanitary facilities for the treatment of sewage, garbage, and wastes. (12) The furnishing of utility service necessary to serve the property under the jurisdiction or control of the commission. (13) Other buildings and facilities whose acquisition and use are consistent with the purposes of this chapter. The term does not include park and park facilities of political subdivisions of the state or the acquisition of railroad rights-of-way. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-54 "Participant"

Sec. 54. "Participant" means the following: (1) For purposes of the wastewater program established under IC 5-1.2-10: (A) a political subdivision; or (B) any person, entity, association, trust, or other manner of participant allowed by law to enter contractual arrangements for a purpose eligible for assistance under the federal Clean Water Act. (2) For purposes of the drinking water program established under IC 5-1.2-10: (A) a political subdivision; or (B) any person, entity, association, trust, or other manner of participant allowed by law to enter contractual arrangements for a purpose eligible for assistance under the federal Safe Drinking Water Act. (3) For purposes of the supplemental program established under IC 5-1.2-11, the Indiana brownfields program established under IC 5-1.2-12, the flood control program established under IC 5-1.2-13, the water infrastructure assistance program established under IC 5-1.2-14, and the water infrastructure grant program established by IC 5-1.2-14.5: (A) a political subdivision; (B) the Kankakee River basin and Yellow River basin development commission established by IC 14-13-9-6; or (C) any person, entity, association, trust, or other manner of participant allowed by law to enter contractual arrangements for a purpose eligible for assistance under those chapters. (4) For purposes of the local transportation infrastructure program established under IC 5-1.2-15: (A) a political subdivision; (B) an agency, authority, department, instrumentality, or body corporate and politic acting on behalf of a political subdivision; or (C) a regional authority, instrumentality, or body corporate and politic acting on behalf of one (1) or more entities described in clause (A) or (B). (5) For purposes of the residential housing infrastructure assistance program established by IC 5-1.2-15.5, a political subdivision. As added by P.L.189-2018, SEC.25. Amended by P.L.282-2019, SEC.1; P.L.154-2021, SEC.4; P.L.204-2023, SEC.2.

Ind. Code § 5-1.2-2-55 "Participating provider"

Sec. 55. "Participating provider", for purposes of financing a health facility and health facility property under IC 5-1.2-7, means a person, corporation, municipal corporation, political subdivision, or other entity, public or private, that: (1) is located in Indiana or outside Indiana; (2) contracts with the authority for the financing or refinancing of, or the lease or other acquisition of, health facility property that is located: (A) in Indiana; or (B) outside Indiana, if the financing, refinancing, lease, or other acquisition also includes a substantial component, as determined by the authority, for the benefit of a health facility or facilities located in Indiana; (3) is: (A) licensed under IC 12-25, IC 16-21, IC 16-28, or corresponding laws of the state in which the property is located; (B) a regional blood center; (C) a community mental health center or community intellectual disability and other developmental disabilities center (as defined in IC 12-7-2.1-78 and IC 12-7-2.1-77 or corresponding provisions of laws of the state in which the property is located); (D) an entity that: (i) contracts with the division of disability, aging, and rehabilitative services or the division of mental health and addiction to provide the program described in IC 12-11-1.1-1(e) or IC 12-22-2; or (ii) provides a similar program under the laws of the state in which the entity is located; (E) a vocational rehabilitation center established under IC 12-12-1-4.1(a)(1) or corresponding provisions of the laws of the state in which the property is located; (F) the owner or operator of a facility that is utilized, directly or indirectly, to provide health care, habilitation, rehabilitation, therapeutic services, medical research, the training or teaching of health care personnel, or any related supporting services, or of a residential facility for individuals with a physical, mental, or emotional disability, individuals with a physical or mental illness, or the elderly; (G) a licensed child caring institution providing residential care described in IC 12-7-2.1-60(1) or corresponding provisions of the laws of the state in which the property is located; (H) an integrated health care system between or among providers, a health care purchasing alliance, a health insurer or third party administrator that is a participant in an integrated health care system, a health maintenance or preferred provider organization, or a foundation that supports a health care provider; or (I) an individual, business entity, or governmental entity that owns an equity or membership interest in any of the organizations described in clauses (A) through (H); and (4) in the case of a person, corporation, municipal corporation, political subdivision, or other entity located outside Indiana, is owned or controlled by, under common control with, affiliated with, or part of an obligated group that includes an entity that provides one (1) or more of the following services or facilities in Indiana: (A) A facility that provides: (i) health care; (ii) habilitation, rehabilitation, or therapeutic services; (iii) medical research; (iv) training or teaching of health care personnel; or (v) any related supporting services. (B) A residential facility for: (i) individuals with a physical, mental, or emotional disability; (ii) individuals with a physical or mental illness; or (iii) the elderly. (C) A licensed child caring institution providing residential care described in IC 12-7-2.1-60(1). As added by P.L.189-2018, SEC.25. Amended by P.L.122-2026, SEC.5; P.L.145-2026, SEC.15.

Ind. Code § 5-1.2-2-56 "Person"

Sec. 56. "Person" means an individual, a partnership, a corporation, a limited liability company, an unincorporated association, or a governmental entity. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-57 "Political subdivision"

Sec. 57. "Political subdivision" means any of the following: (1) A political subdivision (as defined in IC 36-1-2-13). (2) A regional water, sewage, or solid waste district organized under: (A) IC 13-26; or (B) IC 13-3-2 (before its repeal July 1, 1996). (3) A local public improvement bond bank organized under IC 5-1.4. (4) A qualified entity described in IC 5-1.5-1-8(4) that is a public water utility described in IC 8-1-2-125. (5) A conservancy district established pursuant to IC 14-33. (6) A district organized under IC 14-27-8. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-58 "Pollution"

Sec. 58. "Pollution", for purposes of IC 5-1.2-9, means all forms of environmental pollution, including water pollution, air pollution, sewage, solid and radioactive waste, thermal pollution, radiation contamination, and noise pollution. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-58.4 "Pollution control facility"

Sec. 58.4. "Pollution control facility", for purposes of IC 5-1.2-9, means a facility for the abatement, reduction, or prevention of pollution or for the removal or treatment of any substances in materials being processed that otherwise would cause pollution when used. This includes the following: (1) Coal washing, coal cleaning, or coal preparation facilities designed to reduce the sulfur and ash levels of Indiana coal. (2) Coal-fired boiler facilities designed to reduce emissions while burning Indiana coal. (3) Pollution control equipment to allow for the environmentally sound use of Indiana coal. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-59 "Program" or "programs"

Sec. 59. "Program" or "programs" means: (1) the drinking water program established under IC 5-1.2-10; (2) the Indiana brownfields program established under IC 5-1.2-12; (3) the flood control program established under IC 5-1.2-13; (4) the water infrastructure assistance program established under IC 5-1.2-14; (5) the local transportation infrastructure program established under IC 5-1.2-15; (6) the storm water management program; (7) the supplemental program established under IC 5-1.2-11; (8) the wastewater program established under IC 5-1.2-10; (9) the water infrastructure grant program established by IC 5-1.2-14.5; and (10) the residential housing infrastructure assistance program established by IC 5-1.2-15.5. As added by P.L.189-2018, SEC.25. Amended by P.L.154-2021, SEC.5; P.L.204-2023, SEC.3.

Ind. Code § 5-1.2-2-60 "Public finance director"

Sec. 60. "Public finance director" means the public finance director appointed under IC 5-1.2-3-6. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-61 "Public water system"

Sec. 61. "Public water system", for purposes of the drinking water program established under IC 5-1.2-10, and the supplemental program established under IC 5-1.2-11, has the meaning set forth in the federal Safe Drinking Water Act. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-62 "Referenced statutes"

Sec. 62. "Referenced statutes" means all statutes that grant a power to or impose a duty on the authority, including but not limited to this article, IC 5-1-17, IC 5-1-17.1, IC 5-1-17.5, IC 5-1.3, IC 8-9.5, IC 8-14.5, IC 8-15, IC 8-15.5, and IC 8-16. As added by P.L.189-2018, SEC.25. Amended by P.L.44-2026, SEC.2.

Ind. Code § 5-1.2-2-63 "Regional blood center"

Sec. 63. "Regional blood center", for purposes of financing a health facility and health facility property under IC 5-1.2-7, means a nonprofit corporation or corporation created under 36 U.S.C. 1 that: (1) is: (A) accredited by the American Association of Blood Banks; or (B) registered or licensed by the Food and Drug Administration of the Department of Health and Human Services; and (2) owns and operates a health facility that is primarily engaged in: (A) drawing, testing, processing, and storing human blood and providing blood units or components to hospitals; or (B) harvesting, testing, typing, processing, and storing human body tissue and providing this tissue to hospitals. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-64 "Regional health facility"

Sec. 64. "Regional health facility", for purposes of financing a state facility under IC 5-1.2-5, means a building, a structure, or an improvement to a building or structure for the care, maintenance, or treatment of adults or children with mental illness, developmental disabilities, addictions, or other medical or rehabilitative needs. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-65 "Remediation"

Sec. 65. "Remediation", for purposes of the Indiana brownfields program established under IC 5-1.2-12, means any of the following: (1) Actions necessary to: (A) prevent; (B) minimize; or (C) mitigate; damages to the public health or welfare or to the environment that may otherwise result from a release or threat of a release of hazardous substances or petroleum. (2) Actions consistent with a permanent remedy taken instead of or in addition to removal actions if a release or threatened release of a hazardous substance or petroleum into the environment occurs to eliminate the release of hazardous substances or petroleum so that the hazardous substances or petroleum do not migrate to cause substantial danger to present or future public health or welfare or the environment. (3) The clean-up or removal of released hazardous substances or petroleum from the environment. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-66 "Revenues"

Sec. 66. "Revenues", for purposes of an educational facility project under IC 5-1.2-8, means the rents, fees, charges, and other income or profit derived from the educational facility project. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-67 "Risk retention group"

Sec. 67. "Risk retention group", for purposes of an educational facility project under IC 5-1.2-8, means a trust, pool, corporation, limited liability company, partnership, or joint venture funded by and owned and operated for the benefit of more than one (1) eligible member. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-68 "Safe Drinking Water Act"

Sec. 68. "Safe Drinking Water Act" refers to: (1) 42 U.S.C. 300f et seq., and laws supplemental and ancillary to these laws; and (2) regulations adopted under 42 U.S.C. 300f et seq., and laws supplemental and ancillary to these regulations. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-69 "SIC Manual"

Sec. 69. "SIC Manual" refers to the current edition of the Standard Industrial Classification Manual of the United States Office of Management and Budget. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-70 "Special volume cap"

Sec. 70. "Special volume cap" means the maximum dollar amount of bonds that may be allocated to the state under the authority of a federal act. The special volume cap is in addition to the volume cap as defined in section 80 of this chapter. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-71 "State agency"

Sec. 71. "State agency" means an authority, a board, a commission, a committee, a department, a division, or other instrumentality of state government, but does not include a state educational institution. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-72 "State educational institution"

Sec. 72. "State educational institution", for purposes of an educational facility project under IC 5-1.2-8, has the meaning set forth in IC 21-7-13-32. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-73 "State facility"

Sec. 73. " State facility", for purposes of IC 5-1.2-5, means all or any part of one (1) or more buildings, structures, or improvements (whether new or existing), or parking areas (whether surface or an above or below ground parking garage or garages), owned or leased by the authority or the state for the purpose of: (1) housing the personnel or activities of state agencies or branches of state government; (2) providing transportation or parking for state employees or persons having business with state government; (3) providing a correctional facility; (4) providing a mental health facility; or (5) providing a regional health facility. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-74 "Storm water management program"

Sec. 74. "Storm water management program" means a program that is consistent with the requirements in: (1) 40 CFR 122.26(d)(2)(iv) for a proposed management program; or (2) 40 CFR 122.34 for a storm water management program. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-75 "Supplemental fund"

Sec. 75. "Supplemental fund" refers to the supplemental drinking water and wastewater assistance fund established by IC 5-1.2-11. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-76 "Supplemental program"

Sec. 76. "Supplemental program" refers to the supplemental drinking water and wastewater assistance program established by IC 5-1.2-11. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-77 "Taxable bonds"

Sec. 77. "Taxable bonds" means bonds, the interest on which will not be excluded from the gross income of the owners of the bonds under Section 103 of the Internal Revenue Code. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-78 "Tax exempt bonds"

Sec. 78. "Tax exempt bonds" means bonds, the interest on which is excludable from the gross income of the owners of the bonds under Section 103 of the Internal Revenue Code. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-79 "User"

Sec. 79. "User" means a person who has entered into a financing agreement with the authority or lender or a contract for use with the developer or lender in contemplation of the person's use of an economic development project. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-80 "Volume cap"

Sec. 80. "Volume cap", as it relates to a year, means the maximum dollar amount of bonds that may be issued by issuers within that year under Section 146 of the Internal Revenue Code. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-81 "Wastewater program"

Sec. 81. "Wastewater program" refers to the wastewater revolving loan program established by IC 5-1.2-10. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-82 "Wastewater SRF fund"

Sec. 82. "Wastewater SRF fund" refers to the wastewater revolving loan fund established by IC 5-1.2-10. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-2-83 "Wastewater infrastructure assistance program"

Sec. 83. "Water infrastructure assistance program" refers to the water infrastructure assistance program established by IC 5-1.2-14. As added by P.L.189-2018, SEC.25. Amended by P.L.10-2019, SEC.11.

Ind. Code § 5-1.2-2-84 "Water infrastructure grant program"

Sec. 84. "Water infrastructure grant program" refers to the water infrastructure grant program established by IC 5-1.2-14.5. As added by P.L.154-2021, SEC.6.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/5Fetched: 10/17/2026