CHAPTER 13. WASTEWATER REVOLVING LOAN PROGRAM
IC 13-18-13
Chapter 13. Wastewater Revolving Loan Program
IC 13-18-13-1
Establishment
Sec. 1. The wastewater revolving loan program is established.
As added by P.L.1-1996, SEC.8.
IC 13-18-13-2
Revolving loan fund; purpose; source of funds; repayments;
investments; costs
Sec. 2. (a) The wastewater revolving loan fund is established to
provide money for loans and other financial assistance to or for the
benefit of participants under this chapter. The authority shall
administer, hold, and manage the fund.
(b) The general assembly may appropriate money to the fund.
Grants or gifts of money to the fund from the federal government or
other sources and the proceeds of the sale of:
(1) gifts to the fund; and
(2) loans and other financial assistance, as provided in sections
10 through 14 of this chapter;
shall be deposited in the fund.
(c) Repayments of loans and other financial assistance, including
interest, premiums, and penalties, shall be deposited in the fund.
(d) The authority shall invest the money in the fund that is:
(1) not currently needed to meet the obligations of the fund; and
(2) not invested under subsection (e);
in the same manner as other public money may be invested. Earnings
that accrue from these investments shall be deposited in the fund.
(e) As an alternative to subsection (d), the authority may invest or
cause to be invested all or a part of the 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 at least one (1) trust agreement or indenture. A trust
agreement or indenture may permit disbursements by the trustee to:
(1) the department;
(2) the budget agency;
(3) a participant;
(4) the Indiana bond bank;
(5) the authority; or
(6) any person to which the authority or a participant is
obligated, as provided in the trust agreement or indenture.
(f) Except as provided in the Clean Water Act, the cost of
administering the fund may be paid from the fund.
(g) All money accruing to the fund is appropriated continuously
for the purposes specified in this chapter.
(h) Money in the fund does not revert to the state general fund at
the end of a state fiscal year.
As added by P.L.1-1996, SEC.8. Amended by P.L.126-1997, SEC.8;
P.L.235-2005, SEC.131.
IC 13-18-13-3
Use of funds; authority power to contract with other entities to
administer program and fund
Sec. 3. (a) Money in the fund may be used to do the following:
(1) Provide loans or other financial assistance to participants for
the planning, designing, construction, renovation, improvement,
or expansion of wastewater collection and treatment systems
and other activities necessary or convenient to complete these
tasks.
(2) Pay the cost of administering the fund and the program.
(3) Conduct all other activities that are permitted by the Clean
Water Act.
(b) The authority may contract with the department, the budget
agency, or any other entity or person for assistance in administering
the program and the fund or in carrying out the purposes of this
chapter.
As added by P.L.1-1996, SEC.8. Amended by P.L.235-2005,
SEC.132.
IC 13-18-13-4
Repealed
(Repealed by P.L.235-2005, SEC.212.)
IC 13-18-13-5
Authority duties
Sec. 5. The authority shall do the following:
(1) Administer, hold, and manage all aspects of the fund, the
program, the supplemental fund, and the supplemental program
in accordance with this chapter.
(2) Be the point of contact in relations with the United States
Environmental Protection Agency.
(3) Prepare and provide program information.
(4) Ensure that each proposed financial assistance agreement
meets the environmental and technical aspects of the program
or supplemental program.
(5) Periodically inspect project design and construction to
determine compliance with the following:
(A) This chapter.
(B) The Clean Water Act.
(C) Construction plans and specifications.
(6) Negotiate the negotiable aspects of each financial assistance
agreement.
(7) Manage any payment systems through which the state
receives grant payments from the federal government for the
program and disbursements to the fund.
(8) Be the point of contact with participants and other interested
persons in preparing and providing program information.
(9) Prepare or cause to be prepared each financial assistance
agreement.
(10) Sign each financial assistance agreement.
(11) Conduct or cause to be conducted an evaluation as to the
financial ability of each participant to pay the loan or other
financial assistance and other obligations evidencing the loans
or other financial assistance, if required to be paid, and comply
with the financial assistance agreement in accordance with the
terms of the agreement.
As added by P.L.1-1996, SEC.8. Amended by P.L.126-1997, SEC.9;
P.L.28-2004, SEC.116; P.L.235-2005, SEC.133.
IC 13-18-13-6
Repealed
(Repealed by P.L.235-2005, SEC.212.)
IC 13-18-13-7
Authority powers
Sec. 7. (a) The authority may do the following:
(1) Employ:
(A) fiscal consultants;
(B) engineers;
(C) bond counsel;
(D) other special counsel;
(E) accountants; and
(F) any other consultants, employees, and agents;
that the authority considers necessary to carry out the purposes
of this chapter.
(2) Fix and pay the compensation of those persons employed in
subdivision (1) from money:
(A) available in the fund or supplemental fund; or
(B) otherwise made available for the program or the
supplemental program.
(3) Enter into memoranda of understanding with the department
and the budget agency concerning the administration and
management of the following:
(A) The fund.
(B) The program.
(C) The supplemental fund.
(D) The supplemental program.
(4) Provide services to a participant in connection with a loan
or other financial assistance, including advisory and other
services.
(b) Notwithstanding any other law, the authority, program, or
fund, or any person or agent acting on behalf of the authority or
program, is not liable in damages or otherwise to any participant or
party seeking to be a participant for any act or omission in
connection with a loan or other financial assistance, or any
application, service, or other undertaking, allowed by or taken under
this chapter.
(c) No direction given by or service or other undertaking allowed
or taken under this chapter by the authority is a defense for or
otherwise excuses any act or omission of a participant otherwise
required or imposed by law upon a participant.
As added by P.L.1-1996, SEC.8. Amended by P.L.126-1997, SEC.11;
P.L.235-2005, SEC.134.
IC 13-18-13-8
Fees
Sec. 8. (a) The authority may:
(1) charge a fee for services provided; and
(2) charge a fee for costs and services incurred in the review or
consideration of an application for a proposed loan or other
financial assistance to or for the benefit of a participant under
this chapter, regardless of whether the application is approved
or rejected.
(b) A participant may pay fees charged under this section.
As added by P.L.1-1996, SEC.8. Amended by P.L.235-2005,
SEC.135.
IC 13-18-13-9
Duty to use priority ranking system in making loans
Sec. 9. The authority shall use a priority ranking system in making
loans or other financial assistance from the fund. The authority, in
consultation with the department, shall develop the priority ranking
system to achieve optimum water quality consistent with the water
quality goals of the state and the Clean Water Act.
As added by P.L.1-1996, SEC.8. Amended by P.L.126-1997, SEC.12;
P.L.235-2005, SEC.136.
IC 13-18-13-10
Prerequisites for loans or assistance
Sec. 10. The authority may make loans or provide other financial
assistance from the fund to or for the benefit of a participant under
the following conditions:
(1) The loan or other financial assistance must be used:
(A) for:
(i) planning, designing, constructing, renovating,
improving, or expanding wastewater collection and
treatment systems;
(ii) any purpose eligible for assistance under the Clean
Water Act; and
(iii) other activities necessary or convenient to complete
these tasks;
(B) to:
(i) 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 fund
(including financial institutions) for a purpose permitted
by clause (A); or
(ii) provide interest subsidies;
(C) to pay financing charges, including interest on the loan
or other financial assistance during construction and for a
reasonable period after the completion of construction; or
(D) to pay the following:
(i) Consultant, advisory, and legal fees.
(ii) Any other costs or expenses necessary or incident to
the loan, other financial assistance, or the administration
of the fund and the program.
(2) The authority shall establish the terms and conditions that
the authority considers necessary or convenient to:
(A) make loans; or
(B) provide other financial assistance under this chapter.
(3) Notwithstanding any other law, the authority may establish
and implement requirements that:
(A) apply to loans and other financial assistance to be made
to participants that are not political subdivisions; and
(B) are different from, or in addition to, requirements that
apply to loans and financial assistance made to political
subdivisions.
As added by P.L.1-1996, SEC.8. Amended by P.L.126-1997, SEC.13;
P.L.235-2005, SEC.137.
IC 13-18-13-11
Documentation
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.1-1996, SEC.8. Amended by P.L.126-1997, SEC.14;
P.L.235-2005, SEC.138.
IC 13-18-13-12
Financial assistance agreements
Sec. 12. A participant receiving a loan or other financial
assistance from the fund shall enter into a financial assistance
agreement. A financial assistance agreement is a valid, binding, and
enforceable agreement of the participant.
As added by P.L.1-1996, SEC.8. Amended by P.L.126-1997, SEC.15;
P.L.235-2005, SEC.139.
IC 13-18-13-13
Sale of loans
Sec. 13. The authority may sell loans or evidences of other
financial assistance and other obligations of participants evidencing
the loans or other financial assistance from the fund periodically at
any price and on terms acceptable to the authority. Proceeds of sales
under this section shall be deposited in the fund.
As added by P.L.1-1996, SEC.8. Amended by P.L.126-1997, SEC.16;
P.L.235-2005, SEC.140.
IC 13-18-13-14
Pledge of loans
Sec. 14. (a) The authority may pledge loans or evidences of other
financial assistance and other obligations of participants evidencing
the loans or other financial assistance from the fund to secure:
(1) other loans or financial assistance from the fund to or for the
benefit of participants; or
(2) other loans or financial assistance from the supplemental
fund to or for the benefit of participants;
to the extent permitted by the Clean Water Act.
(b) The authority must approve the terms of a pledge under this
section.
(c) Notwithstanding any other law, a pledge of property made by
the department and the budget agency under this section or
IC 4-23-21-8(e) (before its repeal) or a pledge of property made by
the authority under this section is binding from the time the pledge
is made. Any pledge of property made by the department and the
budget agency under this section or IC 4-23-21-8(e) (before its
repeal) is binding on the authority. Revenues, other money, or other
property pledged and thereafter received are immediately subject to
the lien of the pledge without any further act. The lien of a pledge is
binding against all parties having claims of any kind in tort, contract,
or otherwise against:
(1) the department;
(2) the budget agency;
(3) the fund; or
(4) the authority;
regardless of whether the parties have notice of any lien.
(d) A resolution, an indenture, or other instrument by which a
pledge is created does not have to be filed or recorded, except in the
records of the authority.
(e) Action taken to:
(1) enforce a pledge under this section or IC 4-23-21-8(e)
(before its repeal); and
(2) realize the benefits of the pledge;
is limited to the property pledged.
(f) A pledge under this section or IC 4-23-21-8(e) (before its
repeal) does not create a liability or indebtedness of the state.
As added by P.L.1-1996, SEC.8. Amended by P.L.126-1997, SEC.17;
P.L.235-2005, SEC.141.
IC 13-18-13-15
Interest rate
Sec. 15. (a) The authority shall establish the interest rate or
parameters for establishing the interest rate on each loan 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, may take into account the
following:
(1) Credit risk.
(2) Environmental enforcement and protection.
(3) Affordability.
(4) Other fiscal factors the authority considers relevant,
including the program's cost of 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 or
other financial assistance to different participants or for different
loans or other financial assistance to the same participants.
As added by P.L.1-1996, SEC.8. Amended by P.L.126-1997, SEC.18;
P.L.235-2005, SEC.142.
IC 13-18-13-16
User charges
Sec. 16. The authority shall require that a participant receiving a
loan or other financial assistance under this chapter establish under
applicable statute and maintain sufficient user charges or other
charges, fees, taxes, special assessments, or revenues available to the
participant to:
(1) operate and maintain the wastewater collection and
treatment system; and
(2) pay the obligations of the system.
As added by P.L.1-1996, SEC.8. Amended by P.L.126-1997, SEC.19;
P.L.235-2005, SEC.143.
IC 13-18-13-17
Defaults; withholding payments from participants; effect on
validity of loan or financial assistance
Sec. 17. (a) Notwithstanding any other law and if provided in a
financial assistance agreement, any state department or state agency,
including the treasurer of state:
(1) that is the custodian of money payable to a participant, other
than money in payment for goods or services provided by the
participant; and
(2) after written notice from the budget director that the
participant is in default on the payment of principal or interest
on a loan or evidence of other financial assistance;
may withhold payment of money from that participant and pay over
the money to the authority or the Indiana bond bank as directed by
the chairman of the authority, for the purpose of curing the default.
(b) The withholding of payment from the participant and payment
to:
(1) the authority; or
(2) the Indiana bond bank;
as applicable, may not adversely affect the validity of the loan or
other financial assistance.
As added by P.L.1-1996, SEC.8. Amended by P.L.126-1997, SEC.20;
P.L.235-2005, SEC.144.
IC 13-18-13-18
Rules
Sec. 18. The authority may adopt guidelines, without complying
with IC 4-22-2, to govern the administration of this chapter.
As added by P.L.1-1996, SEC.8. Amended by P.L.235-2005,
SEC.145.
IC 13-18-13-19
Borrowing money; issuance and sale of notes; renewal or
extension; maturity; compliance with statutory requirements
Sec. 19. (a) Notwithstanding any other law, a political subdivision
may borrow money from the authority by negotiating a loan or other
financial assistance directly and without complying with
requirements for the competitive sale of bonds, notes, or other
obligations or evidences of indebtedness. A political subdivision
shall observe any existing contractual commitments to bondholders
or other persons when entering into a financial assistance agreement.
(b) Notwithstanding any other law, a political subdivision may
issue and sell its notes, the principal and accrued interest on which
shall be paid with proceeds from the issuance of its bonds or other
available money at the time the notes are due. The notes must be
issued pursuant to a resolution or ordinance and the proceeds must
be used to carry out the purposes specified in this chapter.
(c) A political subdivision that issues notes under subsection (b)
or IC 4-23-21-13 (before its repeal) may renew or extend the notes
periodically on terms agreed to with the authority, and the authority
may purchase and sell the renewed or extended notes. Accrued
interest on the date of renewal or extension may be paid or added to
the principal amount of the note being renewed or extended.
(d) The notes issued by a political subdivision under subsection
(b), including any renewals or extensions, must mature:
(1) in the amounts; and
(2) at the times not exceeding four (4) years from the date of
original issuance;
that are agreed to by the political subdivision and the authority.
(e) Compliance with subsection (b) constitutes full authority for
a political subdivision to issue its notes and sell the notes to the
authority, and the political subdivision is not required to comply with
any other law applicable to the authorization, approval, issuance, and
sale of its notes. These notes are:
(1) valid and binding obligations of the political subdivision;
(2) enforceable in accordance with the terms of the notes; and
(3) payable solely from the sources specified in the resolution
or ordinance authorizing the issuance of the notes.
(f) If the political subdivision issues bonds, all or part of the
proceeds of which will be used to pay the notes issued under
subsection (b), neither:
(1) the provisions of this section; nor
(2) the actual issuance by a political subdivision of notes under
subsection (b);
relieves the political subdivision of the obligation to comply with the
statutory requirements for the issuance of bonds.
As added by P.L.1-1996, SEC.8. Amended by P.L.126-1997, SEC.21;
P.L.235-2005, SEC.146.
IC 13-18-13-20
Alternative to making loans or providing financial assistance;
guarantee of obligations or bonds
Sec. 20. (a) As an alternative to making loans or providing other
financial assistance to participants, the authority may use the money
in the fund or the supplemental fund to provide a leveraged loan
program and other financial assistance programs permitted by the
Clean Water Act to or for the benefit of participants, including using
money in the fund or the supplemental fund to enhance the
obligations of participants issued for the purposes of this chapter by:
(1) granting money to:
(A) be deposited in:
(i) a capital or reserve fund established under IC 4-4-11 or
another statute or a trust agreement or indenture as
contemplated by section 2(e) of this chapter; or
(ii) an account established within such a fund; or
(B) provide interest subsidies;
(2) paying bond insurance premiums, reserve insurance
premiums, or credit enhancement, liquidity support,
remarketing, or conversion fees, or other similar fees or costs
for obligations of a participant or for bonds issued by the
authority or the Indiana bond bank, if credit market access is
improved or interest rates are reduced; or
(3) guaranteeing all or a part of obligations issued by
participants or of bonds issued by the authority or the Indiana
bond bank.
(b) The authority may enter into any agreements with the Indiana
bond bank or participants to carry out the purposes specified in this
chapter.
(c) A guarantee of obligations or bonds under subsection (a)(3)
must be limited to money in the fund and the supplemental fund. A
guarantee under subsection (a)(3) does not create a liability or
indebtedness of the state.
As added by P.L.1-1996, SEC.8. Amended by P.L.126-1997, SEC.22;
P.L.235-2005, SEC.147.
IC 13-18-13-21
Repealed
(Repealed by P.L.132-1999, SEC.33.)
IC 13-18-13-22
Repealed
(Repealed by P.L.132-1999, SEC.33.)
IC 13-18-13-23
Repealed
(Repealed by P.L.132-1999, SEC.33.)
IC 13-18-13-24
Repealed
(Repealed by P.L.132-1999, SEC.33.)
IC 13-18-13-25
Repealed
(Repealed by P.L.132-1999, SEC.33.)
IC 13-18-13-26
Repealed
(Repealed by P.L.132-1999, SEC.33.)
IC 13-18-13-27
Repealed
(Repealed by P.L.132-1999, SEC.33.)
IC 13-18-13-28
Repealed
(Repealed by P.L.132-1999, SEC.33.)
IC 13-18-13-29
Repealed
(Repealed by P.L.132-1999, SEC.33.)
IC 13-18-13-30
Use of funds to secure leveraged loan or other financial assistance
in connection with drinking water revolving loan fund
Sec. 30. Notwithstanding any other law, and to the extent
permitted by the federal Clean Water Act and the federal Safe
Drinking Water Act (42 U.S.C. 300f et seq.), money in the fund,
together with loan repayments to be deposited in the fund, may be
used to secure a leveraged loan program or other financial assistance
programs established in connection with the drinking water revolving
loan fund established by IC 13-18-21-2.
As added by P.L.104-1998, SEC.2.
IC 13-18-13-31
Criminal penalty for application misstatement
Sec. 31. A person who, with intent to defraud, knowingly or
intentionally makes a material misstatement in connection with an
application for a loan or other financial assistance from the fund
commits a Class D felony.
As added by P.L.137-2007, SEC.14.