Indiana 2022 Regular Session All Bills

IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0271

Introduced
1/10/22  
Refer
1/10/22  
Report Pass
1/24/22  
Engrossed
2/2/22  
Refer
2/7/22  
Report Pass
2/15/22  
Enrolled
2/23/22  
Passed
3/18/22  
Chaptered
3/18/22  
Small modular nuclear reactors. Amends the statute governing certificates of public convenience and necessity (certificates) that are issued by the Indiana utility regulatory commission (IURC) for the construction, lease, or purchase of electric generation facilities to require the IURC, in consultation with the department of environmental management (department), to adopt rules concerning the granting of certificates for the construction, purchase, or lease of small modular nuclear reactors: (1) in Indiana for the generation of electricity to be used to furnish public utility service to Indiana customers; or (2) at the site of a nuclear energy production or generating facility that supplies electricity to Indiana retail customers on July 1, 2011. Requires the IURC to adopt the rules not later than July 1, 2023. Provides that the rules adopted by the IURC must provide that in acting on a public utility's petition for a certificate for one or more small modular nuclear reactors, the IURC shall consider the following: (1) Whether, and to what extent, the one or more small modular nuclear reactors proposed by the public utility will replace a loss of generating capacity in the public utility's portfolio resulting from the retirement or planned retirement of one or more of existing electric generating facilities that: (A) are located in Indiana; and (B) use coal or natural gas as a fuel source. (2) Whether one or more of the small modular nuclear reactors will be located on the same site as or near the facility to be retired and, if so, potential opportunities for the public utility to: (A) make use of any land and existing infrastructure or facilities already owned or under the control of the public utility; or (B) create new employment opportunities for workers who have been, or would be, displaced as a result of the retirement of the existing facility. Provides that the IURC's rules must provide that the IURC may grant a certificate under circumstances and for locations other than these. Sets forth additional requirements for small modular nuclear reactors that must be included in the IURC's rules, including the requirement that the owner or operator of a proposed small modular nuclear reactor must provide evidence of a plan to apply for all licenses or permits to construct or operate the proposed small modular nuclear reactor required by the United States Nuclear Regulatory Commission, the department, or any other relevant state or federal regulatory agency. Amends the statute providing certain financial incentives for energy utilities that invest in clean energy projects by providing that, for purposes of the statute, a "clean energy project" and a "nuclear energy production or generating facility" include a small modular nuclear reactor that is constructed after June 30, 2023: (1) in Indiana for the generation of electricity to be used to furnish public utility service to Indiana customers; or (2) at the site of a nuclear energy production or generating facility that supplies electricity to Indiana retail customers on July 1, 2011; under the rules adopted by the IURC under the bill. Defines "small modular nuclear reactor" for purposes of the bill's provisions.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0272

Introduced
1/10/22  
Refer
1/10/22  
Report Pass
1/18/22  
Engrossed
1/26/22  
Refer
2/1/22  
Report Pass
2/15/22  
Enrolled
2/22/22  
Passed
3/7/22  
Chaptered
3/7/22  
Wastewater infrastructure. Provides that the Indiana finance authority (authority) shall serve as the executive branch coordinator for funds allocated or made available to the state or local communities from federal, state, and other sources for purposes related to drinking water, wastewater, or storm water infrastructure and systems. Sets forth the duties of the authority with respect to this role. Specifies that the authority shall coordinate the executive branch activities related to the state's drinking water and wastewater programs. (Current law provides that the authority shall serve such a role with respect to the state's water programs.) Authorizes the establishment of a drinking water and wastewater infrastructure research and extension program (program) to provide data collection and information, training, and technical assistance concerning: (1) drinking water infrastructure; (2) wastewater infrastructure; and (3) storm water infrastructure; in Indiana. Provides that the authority may: (1) contract with a state supported college or university in Indiana to provide the program; and (2) financially support the program from existing funds appropriated to the authority. Provides that the program may be housed within, or share staff with, the existing research and highway extension program at Purdue University. Provides that the program may provide the following services and programs to, or for the benefit of, utilities providing drinking water, wastewater, or storm water service in Indiana: (1) Assisting utilities in the development of asset management programs. (2) Serving as a central repository for data concerning infrastructure used to provide drinking water, wastewater, or storm water service in Indiana. (3) Providing training and technical assistance to utilities and Indiana's drinking water, wastewater, and storm water utility industry workforces. Requires the authority to make, not later than July 1, 2023, all: (1) utility asset management programs; and (2) information concerning utility asset lifecycle management costs; submitted to or reviewed by the authority available on an Internet web site maintained by the authority or the program. Requires that in carrying out all information gathering and reporting duties under the bill's provisions, the authority and the program shall use any data the authority or the program acquires in a manner that: (1) protects the confidential information of individual utilities and customers; and (2) is consistent with applicable statutory exclusions from disclosure under the state's public records act. Provides that as a condition for receiving a loan, grant, or other financial assistance after June 30, 2023, through the wastewater revolving loan program, the drinking water revolving loan program, the water infrastructure assistance program, or the water infrastructure grant program, a participant must do the following: (1) Submit the participant's required asset management program to the authority not later than the time of submission of the participant's preliminary engineering report for any project for which the loan, grant, or other financial assistance will be provided. (Current law does not specify when the asset management program must be submitted.) (2) Submit to the authority information on the estimated and actual life cycle management costs over the useful life of the asset financed. (3) In the case of a participant that is not under the jurisdiction of the Indiana utility regulatory commission (IURC), regularly report to all: (A) customers; (B) counties; and (C) municipalities; within the participant's service territory information concerning the participant's asset management program. Provides that money in the: (1) supplemental drinking water and wastewater assistance fund; (2) water infrastructure assistance fund; and (3) water infrastructure grant fund; may be used to provide grants, loans, or other financial assistance for the planning, designing, acquisition, construction, renovation, improvement, or expansion of septic relief systems, in accordance with guidelines of the authority. Provides that the authority's project prioritization system for awarding assistance from the water infrastructure assistance fund and the water infrastructure grant fund must include as a variable the effect of a project on the environment. Provides for the following with respect to a wastewater utility that is not subject to the jurisdiction of the IURC for the approval of rates and charges and that has been issued one or more enforcement orders (orders) relating to environmental or health and human safety issues by the department of environmental management (department) after June 30, 2022: (1) For the first order, the utility is subject to an informal review of its: (A) rates and charges; and (B) asset management program; by the IURC, in accordance with procedures determined by the IURC. (2) For a second order that is issued within two years of the first order, the utility is subject to rate regulation, following two base rate cases, by the IURC for a minimum period of: (A) five years from the IURC's order in the first base rate case; and (B) one year from the IURC's order in the second base rate case. (3) For any order issued during the required rate regulation period, the IURC may, in consultation with the department, initiate a receivership proceeding with respect to the utility. Requires the state board of education (state board) to approve, for purposes of the state's career and technical education graduation pathway, a utility career cluster that allows students to acquire knowledge and skills related to employment in the electric, natural gas, communications, water, and wastewater utility industries. Requires the governor's workforce cabinet, in consultation with the state board, the department of education, and the department of workforce development, to create course sequences for the utility career cluster.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0273

Introduced
1/10/22  
Refer
1/10/22  
Report Pass
1/24/22  
Engrossed
2/2/22  
Refer
2/8/22  
Report Pass
2/22/22  
Enrolled
3/1/22  
Passed
3/10/22  
Chaptered
3/10/22  
Financing of water and wastewater utility assets. Provides that the IURC may approve periodic tracking mechanisms for water or wastewater utilities to permit such utilities to recover the following: (1) Changes in property taxes. (2) With respect to customers located within the geographic boundaries of local units of government, incremental costs of operation and maintenance resulting from policies or ordinances that are adopted by those local units and that the IURC determines to be unusual but not necessarily unreasonable. Requires the IURC to adopt rules to define what is unreasonable with respect to road cut permits and other specifications or policies established by a local unit that imposes costs on water or wastewater utilities. Amends the statute concerning wholesale water sales between small water utilities by increasing from 5,000 to 8,000 the threshold number of customers served by a water utility (as either a purchaser or supplier) for purposes of the statute. Amends the statute governing infrastructure improvement charges for water or wastewater utilities as follows: (1) Specifies that an "eligible infrastructure improvement" includes: (A) a project to relocate existing utility plant, including projects to accommodate the construction, reconstruction, or improvement of a highway, street, or road; and (B) a project that does not increase revenues by connecting to new customers, even if the project provides greater available capacity with respect to an eligible utility's distribution or collection plant. (2) Sets forth distinctions for public utilities, municipally owned utilities, and not-for-profit utilities with respect to: (A) costs that are eligible for recovery under the statute; (B) the factors the IURC may consider in determining the amount of allowable cost recovery; and (C) the resetting of the adjustment amount after a base rate case. (3) Specifies that the limitation restricting total adjustment revenues to 10% of an eligible utility's most recently approved base revenue level does not apply with respect to property taxes associated with eligible infrastructure improvements. Amends provisions in the Indiana Code chapter concerning a utility company's acquisition of an offered water or wastewater utility, by providing that the rates charged by the acquiring utility company are not considered to increase unreasonably as a result of the acquisition if the net original cost of the acquired assets does not exceed 2% of the acquiring utility company's net original cost rate base as determined in the acquiring utility's most recent general rate case, plus any adjustments to the rate base resulting from: (1) an infrastructure improvement charge; or (2) an adjustment rider for service enhancement improvement costs; that have occurred after the rate case. Makes a similar change to the Indiana Code section concerning the sale of a municipally owned utility's nonsurplus utility property.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0274

Introduced
1/10/22  
Censorship of digital expression. Prohibits an interactive computer service or a social media platform from censoring any user of the interactive computer service or social media platform, the expression of any user of the interactive computer service or social media platform, or the ability of any user of the interactive computer service or social media platform to receive the expression of another person, based on: (1) the viewpoint of the user or another person; (2) the viewpoint represented in the user's expression or another person's expression; or (3) the user's geographic location in Indiana. Provides for specified exceptions to the prohibition. Provides that an interactive computer service or social media platform that violates the prohibition with respect to a user of the interactive computer service or social media platform is subject to a civil action by the user in which a prevailing user is entitled to one or more of the following: (1) A declaratory judgment. (2) Injunctive relief. (3) Recovery of the user's costs and reasonable and necessary attorney's fees. Provides that an interactive computer service or social media platform that willfully fails to promptly comply with an order issued by a court in an action brought for a violation of the prohibition commits contempt of the court, and provides that the court: (1) may impose on the interactive computer service or social media platform any penalty authorized for contempt of court; and (2) shall impose on the interactive computer service or social media platform a civil penalty for each day the interactive computer service or social media platform remains in noncompliance with the order, in an amount and duration sufficient to secure the interactive computer service's or social media platform's immediate compliance.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0275

Introduced
1/10/22  
Executive branch programs and personnel. Provides that a state officer or a state agency may not do either of the following without the express approval of the general assembly: (1) Use the money of a private entity to create or expand a program of the state officer or state agency. (2) Use the money of a private entity to fund or supplement the funding of any employee position within state government.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0276

Introduced
1/10/22  
Cause of action for civil rights violations. Prohibits a governmental entity (entity), including a state educational institution (institution), from discriminating against persons: (1) over the exercise of rights provided or protected by the Constitution of the United States; or (2) by granting preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. Specifies certain exemptions. Provides that prohibited discrimination may be asserted as a claim or defense in a judicial or administrative proceeding regardless of whether the relevant entity or institution is a party to the proceeding. Provides that, if the relevant entity or institution is not a party to a proceeding, the relevant entity or institution has an unconditional right to intervene in order to respond to an action or claim alleging discrimination. Specifies certain awards and remedies. Defines certain terms.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0277

Introduced
1/10/22  
Refer
1/10/22  
Report Pass
1/20/22  
Engrossed
1/26/22  
Refer
2/1/22  
Report Pass
2/8/22  
Enrolled
2/15/22  
Passed
3/7/22  
Chaptered
3/7/22  
Travel insurance. Adds and amends definitions regarding travel insurance. Permits the commissioner of the department of insurance to issue a limited lines travel insurance producer license to a travel retailer if certain conditions are met. Establishes requirements for offering and disseminating information regarding travel insurance policies.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0278

Introduced
1/10/22  
Refer
1/10/22  
Report Pass
1/24/22  
Engrossed
2/2/22  
Refer
2/8/22  
Report Pass
2/22/22  
Enrolled
3/1/22  
Passed
3/14/22  
Chaptered
3/14/22  
Indiana geological and water survey advisory council. Establishes, rather than allows the president of Indiana University to appoint, a geological and water survey advisory council (council). Increases the number of members from nine to 11 and specifies who shall serve on the council. Requires the state geologist to serve as secretary of the council. Provides that the state geologist may cast the deciding vote to break a tie. Requires the council to meet quarterly. Establishes the center for water within the Indiana geological and water survey (survey) at Indiana University for the purpose of: (1) carrying out the survey's statutory duties concerning Indiana's water resources; (2) supporting long term studies of the state's water resources; and (3) upon request, providing resources to state agencies, municipalities, and soil and water conservation groups. Establishes the center for energy within the survey for similar purposes with respect to Indiana's natural energy resources. Allows the Indiana board of licensure for professional geologists (board) to elect a secretary who is not a member of the board. (Current law requires that the secretary of the board be elected from among the members of the board.) Increases the number of times the board is required to meet to at least two times each year. Allows a licensed professional geologist to request an informal review not more than 30 days after receiving a complaint. (Current law requires the request for an informal review to be made within 20 days.) Provides that if the board compels a licensed professional geologist to respond to a complaint or charges, the notification must be sent by certified mail and the response must be in writing. Allows a geologist who is licensed in another state to be licensed in Indiana if the other state's standards are substantially equal to Indiana's requirements. Requires a licensed professional geologist to obtain continuing education in the geological sciences as a condition of license renewal. Specifies that these continuing education requirements do not apply to a person who is not licensed as a professional geologist under Indiana law. Makes technical changes.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0279

Introduced
1/10/22  
Election of school board members. Provides that the governing body of a school corporation may change the school corporation's organizational plan to provide that candidates for election to the governing body are elected in a nonpartisan election or as all other elected offices are elected. Amends current statutes relating to nomination of candidates for school board offices to reflect this option. Repeals other superseded statutes. Makes conforming changes. Changes population parameters to reflect the population count determined under the 2020 decennial census.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0280

Introduced
1/10/22  
Electronic publication of obituaries. Allows obituary notices to be published on a county, city, or town's official web site.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0281

Introduced
1/10/22  
Nomination of candidates. Provides that, if none of the candidates for nomination for United States Senate by a political party required to hold a primary election receive a majority of the votes in the primary election, the political party shall choose its nominee for the office at the state party convention from among the two candidates who receive the greatest number of votes at the primary election.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0282

Introduced
1/10/22  
State and local audit examinations. Provides that after June 30, 2022, a political subdivision may not issue or guarantee a debt obligation until the fiscal officer of the political subdivision has: (1) prepared a debt capacity analysis report (report) on a standard form prescribed by the state board of accounts (SBOA) with the assistance of the department of local government finance (DLGF); and (2) presented the report to the fiscal body of the political subdivision in a public hearing. Provides that after June 30, 2022, political subdivisions must provide information concerning pledges, covenants, and agreements that they have made to secure or guarantee a financial obligation of another person to the DLGF in the form and on the schedule specified by the DLGF. Requires the SBOA to establish standards for the state and political subdivisions that require disclosure of pledges, covenants, and agreements that have been made to secure or guarantee a financial obligation of another person, including guarantees for private bond issues of private companies. Specifies that the standards must be consistent with generally accepted governmental accounting principles. Requires, in reporting periods beginning after June 30, 2022, the state and political subdivisions to include the disclosures in the notes of the entity's annual financial statements.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0283

Introduced
1/10/22  
Refer
1/10/22  
Report Pass
1/27/22  
Engrossed
2/2/22  
Interim study of public notice publication. Urges the legislative council to assign to the interim study committee on government the topic of the publication of public notices in print publications and digital publications.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0284

Introduced
1/10/22  
Refer
1/10/22  
Report Pass
1/20/22  
Engrossed
1/26/22  
Refer
2/1/22  
Report Pass
2/10/22  
Enrolled
2/16/22  
Passed
3/14/22  
Chaptered
3/14/22  
Telehealth matters. Consolidates Medicaid telehealth language. Provides that "health care services" does not include certain case management services, care management services, service coordination services, or care coordination services for purposes of telehealth. Adds occupational therapist assistants, school psychologists, specified developmental therapists, peers, clinical fellows, students and graduates of certain professional programs, physical therapist assistants, and certain community mental health center providers to the definition of "practitioner" for purposes of practicing telehealth. Allows behavior health analysts to temporarily perform telehealth during the time when the professional licensing agency is preparing to implement licensure for the profession.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0285

Introduced
1/10/22  
Practitioner discipline. Amends the definitions of "practitioner", for purposes of the health professions and professional standards of practice laws, to include individuals who held a license, certificate, registration, or permit when the alleged violation of the standard of practice occurred. Specifies that an individual who: (1) held a license and the license's current status is inactive, surrendered, expired, revoked, or suspended; and (2) engages in conduct in Indiana that requires a license; is subject to the same penalties as an individual who practiced without a license in violation of the law. Provides that if an individual has a conviction or judgment for practicing without a license in violation of the law, in addition to any other penalty, the court shall impose a fine equal to the amount of any fee or other compensation earned in the commission of the offense. Makes conforming changes.

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