Section 5-1.2-12-8 - Loans or other financial assistance; uses; interest rates; required submissions; sales; pledges(a) A loan or other financial assistance must be used for at least one (1) of the purposes under section 2 of this chapter and may be used for any of the following purposes: (1) To: (A) 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 Indiana brownfields fund (including financial institutions) for a purpose allowed by this chapter; or(B) provide interest subsidies.(2) To pay financing charges, including interest on the loan or other financial assistance during remediation and for a reasonable period after the completion of remediation.(3) To pay consultant, advisory, and legal fees, and any other costs or expenses resulting from: (A) the assessment, planning, or remediation of a brownfield; or(B) the loan or other financial assistance.(b) 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.(c) The authority, in setting the interest rate or parameters for establishing the interest rate on each loan, may take into account the following: (2) Environmental, water quality, and health protection.(4) Other fiscal factors the authority considers relevant, including the Indiana brownfields program's cost of funds and whether the financial assistance provided to or for the benefit of a particular political subdivision 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 or for the benefit of different political subdivisions or for different loans or other financial assistance to or for the benefit of the same political subdivision.
(d) Before a private individual or entity, nonprofit entity, or political subdivision may receive a loan or other financial assistance, including grants, from the Indiana brownfields fund, the private individual or entity, nonprofit entity, or political subdivision must submit the following:(1) Documentation of community and neighborhood comment concerning the use of a brownfield on which remediation activities will be undertaken after remediation activities are completed.(2) A plan for repayment of the loan or other financial assistance, if applicable.(3) A summary of the environmental objectives of the proposed project.(e) A private individual or entity, nonprofit entity, or political subdivision that receives a loan or other financial assistance from the Indiana brownfields fund shall enter into a financial assistance agreement. A financial assistance agreement related to the Indiana brownfields program is a valid, binding, and enforceable agreement of the private individual or entity, nonprofit entity, or political subdivision.(f) The authority may sell or assign:(1) loans or evidence of other financial assistance; and(2) other obligations of the private individuals or entities, nonprofit entities, or political subdivisions evidencing the loans or other financial assistance from the Indiana brownfields fund; at any price and on terms acceptable to the authority. Proceeds of sales or assignments under this subsection shall be deposited in the Indiana brownfields fund. A sale or an assignment under this subsection does not create a liability or an indebtedness of the state or the authority except, in the case of the authority, strictly in accordance with the sale or assignment terms.
(g) The authority may pledge loans or evidence of other financial assistance and other obligations of private individuals or entities, nonprofit entities, or political subdivisions evidencing the loans or other financial assistance from the Indiana brownfields fund to secure other loans or financial assistance from the Indiana brownfields fund to or for the benefit of political subdivisions. The terms of a pledge under this subsection must be approved by the budget agency. Notwithstanding any other law, a pledge of property made by the authority and approved by the budget agency under this subsection is binding from the time the pledge is made. Revenues, other money, or other property pledged and then 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 the authority, a trustee, or the Indiana brownfields fund, regardless of whether the parties have notice of a lien. A resolution, an indenture, or other instrument by which a pledge is created is not required to be filed or recorded, except in the records of the authority. An action taken to enforce a pledge under this subsection and to realize the benefits of the pledge is limited to the property pledged. A pledge under this subsection does not create a liability or an indebtedness of the state or the authority except, in the case of the authority, strictly in accordance with the pledge terms.Added by P.L. 189-2018,SEC. 25, eff. 7/1/2018.