IN
Indiana House Bill HB1100

Indiana 2022 Regular Session

Indiana House Bill HB1100 Compare Versions

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1-*HB1100.4*
2-Reprinted
3-January 27, 2022
1+*HB1100.1*
2+January 20, 2022
43 HOUSE BILL No. 1100
54 _____
6-DIGEST OF HB 1100 (Updated January 26, 2022 3:34 pm - DI 125)
7-Citations Affected: Numerous provisions throughout the Indiana
8-Code.
5+DIGEST OF HB 1100 (Updated January 12, 2022 10:22 am - DI 87)
6+Citations Affected: IC 4-3; IC 4-4; IC 4-22; IC 4-30; IC 4-31; IC 5-2;
7+IC 5-20; IC 5-28; IC 5-33; IC 6-8.1; IC 8-1; IC 8-2.1; IC 8-15;
8+IC 8-15.5; IC 8-23; IC 9-17; IC 9-20; IC 9-30; IC 12-13; IC 13-14;
9+IC 13-15; IC 16-31; IC 16-42; IC 20-49; IC 22-13; IC 24-4.4;
10+IC 24-4.5; IC 24-5; IC 24-14; IC 25-1; IC 25-2.1; IC 25-26; IC 25-34.1;
11+IC 34-55.
912 Synopsis: Agency oversight and rulemaking procedures. With certain
1013 exceptions, requires an agency to repeal a rule before the agency may
1114 adopt a new rule that requires or prohibits an action on behalf of a
12-person. Requires an agency to submit an emergency rule to the attorney
13-general for review and approval before the emergency rule may take
14-effect. Provides that emergency rules may not be effective for a period
15-that exceeds 180 days. Provides that certain emergency rules expire not
16-more than two years after the rule takes effect. Requires an agency
15+person. Prohibits an executive order issued by the governor from being
16+effective for more than 180 days unless the general assembly approves
17+the extended enforcement of the executive order. Requires an agency
18+to submit an emergency rule to the attorney general for review and
19+approval before the emergency rule may take effect. Provides that
20+emergency rules may not be effective for a period that exceeds 180
21+days. Provides that certain emergency rules expire not more than two
22+years after the rule takes effect. Requires an agency adopting an
23+administrative rule to submit an economic impact statement and an
1724 (Continued next page)
1825 Effective: July 1, 2022.
1926 Bartels, Miller D, Pressel, Jeter
2027 January 4, 2022, read first time and referred to Committee on Government and Regulatory
2128 Reform.
2229 January 12, 2022, amended, reported — Do Pass.
2330 January 20, 2022, referred to Committee on Ways and Means pursuant to Rule 84.
24-January 24, 2022, amended, reported — Do Pass.
25-January 26, 2022, read second time, amended, ordered engrossed.
2631 HB 1100—LS 6770/DI 125 Digest Continued
27-adopting an administrative rule to submit an economic impact
28-statement and an explanation of any penalty, fine, or other similar
29-negative impact included in the proposed rule to the publisher of the
30-Indiana administrative code (publisher). Requires the publisher to
31-provide a copy of the materials concerning a proposed rule or pending
32-readoption to the members of the appropriate standing committee.
33-Provides that administrative rules expire on July 1 of the fourth year
34-after the year in which the rule takes effect (instead of January 1 of the
35-seventh year after the year in which the rule takes effect). Requires an
36-agency intending to readopt an administrative rule to provide to the
37-publisher, not later than January 1 of the third year after the year in
38-which the rule most recently took effect: (1) notice of; and (2)
39-information concerning; the pending readoption. Makes corresponding
40-changes.
41-HB 1100—LS 6770/DI 125HB 1100—LS 6770/DI 125 Reprinted
42-January 27, 2022
32+explanation of any penalty, fine, or other similar negative impact
33+included in the proposed rule to the publisher of the Indiana
34+administrative code (publisher). Requires the publisher to provide a
35+copy of the materials concerning a proposed rule or pending readoption
36+to the members of the appropriate standing committee. Provides that
37+administrative rules expire on July 1 of the fourth year after the year in
38+which the rule takes effect (instead of January 1 of the seventh year
39+after the year in which the rule takes effect). Requires an agency
40+intending to readopt an administrative rule to provide to the publisher,
41+not later than January 1 of the third year after the year in which the rule
42+most recently took effect: (1) notice of; and (2) information concerning;
43+the pending readoption. Makes corresponding changes.
44+HB 1100—LS 6770/DI 125HB 1100—LS 6770/DI 125 January 20, 2022
4345 Second Regular Session of the 122nd General Assembly (2022)
4446 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
4547 Constitution) is being amended, the text of the existing provision will appear in this style type,
4648 additions will appear in this style type, and deletions will appear in this style type.
4749 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
4850 provision adopted), the text of the new provision will appear in this style type. Also, the
4951 word NEW will appear in that style type in the introductory clause of each SECTION that adds
5052 a new provision to the Indiana Code or the Indiana Constitution.
5153 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
5254 between statutes enacted by the 2021 Regular Session of the General Assembly.
5355 HOUSE BILL No. 1100
5456 A BILL FOR AN ACT to amend the Indiana Code concerning state
5557 offices and administration.
5658 Be it enacted by the General Assembly of the State of Indiana:
57-1 SECTION 1. IC 4-4-41-11, AS ADDED BY P.L.89-2021,
58-2 SECTION 11 AND P.L.158-2021, SECTION 2, IS AMENDED TO
59-3 READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 11. The
60-4 office shall adopt rules under IC 4-22-2 necessary for the
61-5 administration of this chapter. In adopting the rules required by this
62-6 section, the office may adopt emergency rules in the manner provided
63-7 by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
64-8 provided in IC 4-22-2-37.1, an emergency rule adopted by the office
65-9 under this section and in the manner provided by IC 4-22-2-37.1
66-10 expires on the date on which a rule that supersedes the emergency rule
67-11 is adopted by the office under IC 4-22-2-24 through IC 4-22-2-36.
68-12 SECTION 2. IC 4-22-2-3 IS AMENDED TO READ AS FOLLOWS
69-13 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) "Agency" means any officer,
70-14 board, commission, department, division, bureau, committee, or other
71-15 governmental entity exercising any of the executive (including the
59+1 SECTION 1. IC 4-3-28 IS ADDED TO THE INDIANA CODE AS
60+2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
61+3 1, 2022]:
62+4 Chapter 28. Expiration of Executive Orders and Proclamations
63+5 Sec. 1. This chapter applies to the exercise of the governor's
64+6 authority under the state constitution or another law to adopt an
65+7 executive order or proclamation, regardless of the name used to
66+8 identify the executive order or proclamation.
67+9 Sec. 2. An executive order or proclamation issued by the
68+10 governor before July 1, 2022, and in effect on July 1, 2022, expires
69+11 (including all extensions of a substantially similar executive order
70+12 or proclamation) on the earlier of:
71+13 (1) the date specified in the executive order or proclamation;
72+14 or
73+15 (2) December 31, 2022;
7274 HB 1100—LS 6770/DI 125 2
73-1 administrative) powers of state government. The term does not include
74-2 the judicial or legislative departments of state government or a political
75-3 subdivision as defined in IC 36-1-2-13.
76-4 (b) "Rule" means the whole or any part of an agency statement of
77-5 general applicability that:
78-6 (1) has or is designed to have the effect of law; and
79-7 (2) implements, interprets, or prescribes:
80-8 (A) law or policy; or
81-9 (B) the organization, procedure, or practice requirements of an
82-10 agency.
83-11 (c) "Rulemaking action" means the process of formulating or
84-12 adopting a rule. The term does not include an agency action.
85-13 (d) "Agency action" has the meaning set forth in IC 4-21.5-1-4.
86-14 (e) "Person" means an individual, corporation, limited liability
87-15 company, partnership, unincorporated association, or governmental
88-16 entity.
89-17 (f) "Publisher" refers to the publisher of the Indiana Register and
90-18 Indiana Administrative Code, which is the legislative council, or the
91-19 legislative services agency operating under the direction of the council.
92-20 (g) "Emergency rule" refers to a rule authorized by a statute
93-21 outside this article to be adopted in accordance with the
94-22 procedures in section 37.1 of this chapter.
95-23 (g) (h) The definitions in this section apply throughout this article.
96-24 SECTION 3. IC 4-22-2-13, AS AMENDED BY P.L.2-2007,
97-25 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
98-26 JULY 1, 2022]: Sec. 13. (a) Subject to subsections (b), (c), and (d), this
99-27 chapter applies to the addition, amendment, or repeal of a rule in every
100-28 rulemaking action.
101-29 (b) This chapter does not apply to the following agencies:
102-30 (1) Any military officer or board.
103-31 (2) Any state educational institution.
104-32 (c) This chapter does not apply to a rulemaking action that results
105-33 in any of the following rules:
106-34 (1) A resolution or directive of any agency that relates solely to
107-35 internal policy, internal agency organization, or internal procedure
108-36 and does not have the effect of law.
109-37 (2) A restriction or traffic control determination of a purely local
110-38 nature that:
111-39 (A) is ordered by the commissioner of the Indiana department
112-40 of transportation;
113-41 (B) is adopted under IC 9-20-1-3(d), IC 9-21-4-7, or
114-42 IC 9-20-7; and
75+1 unless before the expiration of the executive order or proclamation
76+2 the governor provides electronic notice to the publisher of the
77+3 Indiana Register stating the reasons for continuation of the
78+4 executive order or proclamation and the general assembly
79+5 approves the requested continuation of the executive order or
80+6 proclamation through adoption of a concurrent resolution.
81+7 Sec. 3. An executive order or proclamation issued by the
82+8 governor after June 30, 2022, expires (including all extensions of a
83+9 substantially similar executive order or proclamation) on the
84+10 earlier of:
85+11 (1) the date specified in the executive order or proclamation;
86+12 or
87+13 (2) one hundred eighty (180) days after the initial executive
88+14 order or proclamation is issued;
89+15 unless before the expiration of the executive order or proclamation
90+16 the governor provides electronic notice to the publisher of the
91+17 Indiana Register stating the reasons for continuation of the
92+18 executive order or proclamation and the general assembly
93+19 approves the requested continuation of the executive order or
94+20 proclamation through adoption of a concurrent resolution.
95+21 Sec. 4. The publisher of the Indiana Register shall:
96+22 (1) publish notice of the request under this chapter in the
97+23 Indiana Register and provide the general assembly with the
98+24 request submitted to the publisher; and
99+25 (2) publish notice of the general assembly's adoption of a
100+26 concurrent resolution under this chapter in the Indiana
101+27 Register.
102+28 Sec. 5. If an executive order or proclamation expires as provided
103+29 under this chapter, a substantially similar executive order or
104+30 proclamation may not be issued within six (6) months of the
105+31 expiration date.
106+32 SECTION 2. IC 4-4-41-11, AS ADDED BY P.L.89-2021,
107+33 SECTION 11 AND P.L.158-2021, SECTION 2, IS AMENDED TO
108+34 READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 11. The
109+35 office shall adopt rules under IC 4-22-2 necessary for the
110+36 administration of this chapter. In adopting the rules required by this
111+37 section, the office may adopt emergency rules in the manner provided
112+38 by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
113+39 provided in IC 4-22-2-37.1, an emergency rule adopted by the office
114+40 under this section and in the manner provided by IC 4-22-2-37.1
115+41 expires on the date on which a rule that supersedes the emergency rule
116+42 is adopted by the office under IC 4-22-2-24 through IC 4-22-2-36.
115117 HB 1100—LS 6770/DI 125 3
116-1 (C) applies only to one (1) or more particularly described
117-2 intersections, highway portions, bridge causeways, or viaduct
118-3 areas.
119-4 (3) A rule adopted by the secretary of state under IC 26-1-9.1-526.
120-5 (4) An executive order or proclamation issued by the governor.
121-6 (d) Except as specifically set forth in IC 13-14-9, sections 24, 24.5,
122-7 26, 27, and 29 of this chapter do not apply to rulemaking actions under
123-8 IC 13-14-9.
124-9 SECTION 4. IC 4-22-2-18.5 IS ADDED TO THE INDIANA CODE
125-10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
126-11 1, 2022]: Sec. 18.5. (a) This section applies to rulemaking actions
127-12 for which a notice of intent to adopt a rule is published under
128-13 section 23 of this chapter after June 30, 2022. However, this section
129-14 does not apply:
130-15 (1) if an agency is readopting a rule with no changes; or
131-16 (2) to a rulemaking action for which the adoption of rules is:
132-17 (A) required to begin or maintain state implementation of
133-18 a program established under federal law or state statute;
134-19 or
135-20 (B) required by a state statute.
136-21 (b) As used in this section, "rule containing a regulatory
137-22 restriction" means a rule that requires or prohibits an action on
138-23 behalf of a person.
139-24 (c) Nothing in this section shall be construed as a waiver of the
140-25 requirement that an agency adhere to the format, numbering
141-26 system, standards, and techniques established by the publisher
142-27 under section 42 of this chapter when adopting or amending a rule.
143-28 (d) An agency may not initiate a rulemaking action to adopt a
144-29 new rule containing a regulatory restriction under this chapter
145-30 unless the agency simultaneously repeals an existing rule
146-31 containing a regulatory restriction.
147-32 (e) An agency does not satisfy the requirement under subsection
148-33 (d) by repealing a rule and including the language from the
149-34 repealed rule in a new rule if the language of the repealed rule
150-35 remains substantially similar in the new rule.
151-36 (f) The attorney general is responsible for ensuring that an
152-37 agency complies with the requirements of this section.
153-38 SECTION 5. IC 4-22-2-19.3 IS ADDED TO THE INDIANA CODE
154-39 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
155-40 1, 2022]: Sec. 19.3. A rule adopted under this article or under
156-41 IC 13-14-9.5 may not:
157-42 (1) establish requirements more stringent; or
118+1 SECTION 3. IC 4-22-2-3 IS AMENDED TO READ AS FOLLOWS
119+2 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) "Agency" means any officer,
120+3 board, commission, department, division, bureau, committee, or other
121+4 governmental entity exercising any of the executive (including the
122+5 administrative) powers of state government. The term does not include
123+6 the judicial or legislative departments of state government or a political
124+7 subdivision as defined in IC 36-1-2-13.
125+8 (b) "Rule" means the whole or any part of an agency statement of
126+9 general applicability that:
127+10 (1) has or is designed to have the effect of law; and
128+11 (2) implements, interprets, or prescribes:
129+12 (A) law or policy; or
130+13 (B) the organization, procedure, or practice requirements of an
131+14 agency.
132+15 (c) "Rulemaking action" means the process of formulating or
133+16 adopting a rule. The term does not include an agency action.
134+17 (d) "Agency action" has the meaning set forth in IC 4-21.5-1-4.
135+18 (e) "Person" means an individual, corporation, limited liability
136+19 company, partnership, unincorporated association, or governmental
137+20 entity.
138+21 (f) "Publisher" refers to the publisher of the Indiana Register and
139+22 Indiana Administrative Code, which is the legislative council, or the
140+23 legislative services agency operating under the direction of the council.
141+24 (g) "Emergency rule" refers to a rule authorized by a statute
142+25 outside this article to be adopted in accordance with the
143+26 procedures in section 37.1 of this chapter.
144+27 (g) (h) The definitions in this section apply throughout this article.
145+28 SECTION 4. IC 4-22-2-13, AS AMENDED BY P.L.2-2007,
146+29 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
147+30 JULY 1, 2022]: Sec. 13. (a) Subject to subsections (b), (c), and (d), this
148+31 chapter applies to the addition, amendment, or repeal of a rule in every
149+32 rulemaking action.
150+33 (b) This chapter does not apply to the following agencies:
151+34 (1) Any military officer or board.
152+35 (2) Any state educational institution.
153+36 (c) This chapter does not apply to a rulemaking action that results
154+37 in any of the following rules:
155+38 (1) A resolution or directive of any agency that relates solely to
156+39 internal policy, internal agency organization, or internal procedure
157+40 and does not have the effect of law.
158+41 (2) A restriction or traffic control determination of a purely local
159+42 nature that:
158160 HB 1100—LS 6770/DI 125 4
159-1 (2) impose harsher penalties;
160-2 than requirements or penalties established or imposed by
161-3 comparable federal statutes or regulations.
162-4 SECTION 6. IC 4-22-2-24.5 IS ADDED TO THE INDIANA CODE
163-5 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
164-6 1, 2022]: Sec. 24.5. (a) This section applies to proposed rules
165-7 submitted to the publisher after June 30, 2022.
166-8 (b) At the same time an agency submits a proposed rule to the
167-9 publisher under section 24 of this chapter, the agency shall submit
168-10 to the publisher the following:
169-11 (1) If applicable, the economic impact statement prepared by
170-12 the agency under IC 4-22-2.1-5.
171-13 (2) If the rule imposes a penalty, fine, or other similar
172-14 negative impact on a person or business, a written explanation
173-15 of the penalty, fine, or other similar negative impact, and why
174-16 the penalty, fine, or other similar negative impact is
175-17 considered necessary.
176-18 (c) The publisher shall provide a copy of the materials
177-19 submitted by an agency under this section in an electronic format
178-20 under IC 5-14-6 to each member of the standing committee or
179-21 standing committees that have subject matter jurisdiction most
180-22 closely relating to the subject matter of the rule.
181-23 (d) The publisher shall publish the materials submitted under
182-24 subsection (b) in the Indiana Register.
183-25 SECTION 7. IC 4-22-2-28, AS AMENDED BY P.L.237-2017,
184-26 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
185-27 JULY 1, 2022]: Sec. 28. (a) The following definitions apply throughout
186-28 this section:
187-29 (1) "Ombudsman" refers to the small business ombudsman
188-30 designated under IC 5-28-17-6.
189-31 (2) "Total estimated economic impact" means the direct annual
190-32 economic impact of a rule on all regulated persons after the rule
191-33 is fully implemented under subsection (g).
192-34 (b) The ombudsman:
193-35 (1) shall review a proposed rule that:
194-36 (A) imposes requirements or costs on small businesses (as
195-37 defined in IC 4-22-2.1-4); and
196-38 (B) is referred to the ombudsman by an agency under
197-39 IC 4-22-2.1-5(c); and
198-40 (2) may review a proposed rule that imposes requirements or
199-41 costs on businesses other than small businesses (as defined in
200-42 IC 4-22-2.1-4).
161+1 (A) is ordered by the commissioner of the Indiana department
162+2 of transportation;
163+3 (B) is adopted under IC 9-20-1-3(d), IC 9-21-4-7, or
164+4 IC 9-20-7; and
165+5 (C) applies only to one (1) or more particularly described
166+6 intersections, highway portions, bridge causeways, or viaduct
167+7 areas.
168+8 (3) A rule adopted by the secretary of state under IC 26-1-9.1-526.
169+9 (4) An executive order or proclamation issued by the governor.
170+10 (d) Except as specifically set forth in IC 13-14-9, sections 24, 24.5,
171+11 26, 27, and 29 of this chapter do not apply to rulemaking actions under
172+12 IC 13-14-9.
173+13 SECTION 5. IC 4-22-2-18.5 IS ADDED TO THE INDIANA CODE
174+14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
175+15 1, 2022]: Sec. 18.5. (a) This section applies to rulemaking actions
176+16 for which a notice of intent to adopt a rule is published under
177+17 section 23 of this chapter after June 30, 2022. However, this section
178+18 does not apply:
179+19 (1) if an agency is readopting a rule with no changes; or
180+20 (2) to a rulemaking action for which the adoption of rules is:
181+21 (A) required to begin or maintain state implementation of
182+22 a program established under federal law or state statute;
183+23 or
184+24 (B) required by a state statute.
185+25 (b) As used in this section, "rule containing a regulatory
186+26 restriction" means a rule that requires or prohibits an action on
187+27 behalf of a person.
188+28 (c) Nothing in this section shall be construed as a waiver of the
189+29 requirement that an agency adhere to the format, numbering
190+30 system, standards, and techniques established by the publisher
191+31 under section 42 of this chapter when adopting or amending a rule.
192+32 (d) An agency may not initiate a rulemaking action to adopt a
193+33 new rule containing a regulatory restriction under this chapter
194+34 unless the agency simultaneously repeals an existing rule
195+35 containing a regulatory restriction.
196+36 (e) An agency does not satisfy the requirement under subsection
197+37 (d) by repealing a rule and including the language from the
198+38 repealed rule in a new rule if the language of the repealed rule
199+39 remains substantially similar in the new rule.
200+40 (f) The attorney general is responsible for ensuring that an
201+41 agency complies with the requirements of this section.
202+42 SECTION 6. IC 4-22-2-19.3 IS ADDED TO THE INDIANA CODE
201203 HB 1100—LS 6770/DI 125 5
202-1 After conducting a review under subdivision (1) or (2), the ombudsman
203-2 may suggest alternatives to reduce any regulatory burden that the
204-3 proposed rule imposes on small businesses or other businesses. The
205-4 agency that intends to adopt the proposed rule shall respond in writing
206-5 to the ombudsman concerning the ombudsman's comments or
207-6 suggested alternatives before adopting the proposed rule under section
208-7 29 of this chapter.
209-8 (c) Subject to subsection (e) and not later than fifty (50) days before
210-9 the public hearing for a proposed rule required by section 26 of this
211-10 chapter, an agency shall submit the proposed rule to the office of
212-11 management and budget for a review under subsection (d), if the
213-12 agency proposing the rule determines that the rule will have a total
214-13 estimated economic impact greater than five hundred thousand dollars
215-14 ($500,000) on all regulated persons. In determining the total estimated
216-15 economic impact under this subsection, the agency shall consider any
217-16 applicable information submitted by the regulated persons affected by
218-17 the rule. To assist the office of management and budget in preparing
219-18 the fiscal impact statement required by subsection (d), the agency shall
220-19 submit, along with the proposed rule, the data used and assumptions
221-20 made by the agency in determining the total estimated economic
222-21 impact of the rule.
223-22 (d) Except as provided in subsection (e), before the adoption of the
224-23 rule, and not more than forty-five (45) days after receiving a proposed
225-24 rule under subsection (c), the office of management and budget shall
226-25 prepare, using the data and assumptions provided by the agency
227-26 proposing the rule, along with any other data or information available
228-27 to the office of management and budget, a fiscal impact statement
229-28 concerning the effect that compliance with the proposed rule will have
230-29 on:
231-30 (1) the state; and
232-31 (2) all persons regulated by the proposed rule.
233-32 The fiscal impact statement must contain the total estimated economic
234-33 impact of the proposed rule and a determination concerning the extent
235-34 to which the proposed rule creates an unfunded mandate on a state
236-35 agency or political subdivision. The fiscal impact statement is a public
237-36 document. The office of management and budget shall make the fiscal
238-37 impact statement available to interested parties upon request and to the
239-38 agency proposing the rule. The agency proposing the rule shall
240-39 consider the fiscal impact statement as part of the rulemaking process
241-40 and shall provide the office of management and budget with the
242-41 information necessary to prepare the fiscal impact statement, including
243-42 any economic impact statement prepared by the agency under
204+1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
205+2 1, 2022]: Sec. 19.3. A rule adopted under this article or under
206+3 IC 13-14-9.5 may not:
207+4 (1) establish requirements more stringent; or
208+5 (2) impose harsher penalties;
209+6 than requirements or penalties established or imposed by
210+7 comparable federal statutes or regulations.
211+8 SECTION 7. IC 4-22-2-24.5 IS ADDED TO THE INDIANA CODE
212+9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
213+10 1, 2022]: Sec. 24.5. (a) This section applies to proposed rules
214+11 submitted to the publisher after June 30, 2022.
215+12 (b) At the same time an agency submits a proposed rule to the
216+13 publisher under section 24 of this chapter, the agency shall submit
217+14 to the publisher the following:
218+15 (1) If applicable, the economic impact statement prepared by
219+16 the agency under IC 4-22-2.1-5.
220+17 (2) If the rule imposes a penalty, fine, or other similar
221+18 negative impact on a person or business, a written explanation
222+19 of the penalty, fine, or other similar negative impact, and why
223+20 the penalty, fine, or other similar negative impact is
224+21 considered necessary.
225+22 (c) The publisher shall provide a copy of the materials
226+23 submitted by an agency under this section in an electronic format
227+24 under IC 5-14-6 to each member of the standing committee or
228+25 standing committees that have subject matter jurisdiction most
229+26 closely relating to the subject matter of the rule.
230+27 (d) The publisher shall publish the materials submitted under
231+28 subsection (b) in the Indiana Register.
232+29 SECTION 8. IC 4-22-2-28, AS AMENDED BY P.L.237-2017,
233+30 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
234+31 JULY 1, 2022]: Sec. 28. (a) The following definitions apply throughout
235+32 this section:
236+33 (1) "Ombudsman" refers to the small business ombudsman
237+34 designated under IC 5-28-17-6.
238+35 (2) "Total estimated economic impact" means the direct annual
239+36 economic impact of a rule on all regulated persons after the rule
240+37 is fully implemented under subsection (g).
241+38 (b) The ombudsman:
242+39 (1) shall review a proposed rule that:
243+40 (A) imposes requirements or costs on small businesses (as
244+41 defined in IC 4-22-2.1-4); and
245+42 (B) is referred to the ombudsman by an agency under
244246 HB 1100—LS 6770/DI 125 6
245-1 IC 4-22-2.1-5. The office of management and budget may also receive
246-2 and consider applicable information from the regulated persons
247-3 affected by the rule in preparation of the fiscal impact statement.
248-4 (e) With respect to a proposed rule subject to IC 13-14-9:
249-5 (1) the department of environmental management shall give
250-6 written notice to the office of management and budget of the
251-7 proposed date of preliminary adoption of the proposed rule not
252-8 less than sixty-six (66) days before that date; and
253-9 (2) the office of management and budget shall prepare the fiscal
254-10 impact statement referred to in subsection (d) not later than
255-11 twenty-one (21) days before the proposed date of preliminary
256-12 adoption of the proposed rule.
257-13 (f) In determining whether a proposed rule has a total estimated
258-14 economic impact greater than five hundred thousand dollars
259-15 ($500,000), the agency proposing the rule shall consider the impact of
260-16 the rule on any regulated person that already complies with the
261-17 standards imposed by the rule on a voluntary basis.
262-18 (g) For purposes of this section, a rule is fully implemented after:
263-19 (1) the conclusion of any phase-in period during which:
264-20 (A) the rule is gradually made to apply to certain regulated
265-21 persons; or
266-22 (B) the costs of the rule are gradually implemented; and
267-23 (2) the rule applies to all regulated persons that will be affected
268-24 by the rule.
269-25 In determining the total estimated economic impact of a proposed rule
270-26 under this section, the agency proposing the rule shall consider the
271-27 annual economic impact on all regulated persons beginning with the
272-28 first twelve (12) month period after the rule is fully implemented. The
273-29 agency may use actual or forecasted data and may consider the actual
274-30 and anticipated effects of inflation and deflation. The agency shall
275-31 describe any assumptions made and any data used in determining the
276-32 total estimated economic impact of a rule under this section.
277-33 (h) An agency shall provide the legislative council in an electronic
278-34 format under IC 5-14-6 with any analysis, data, and description of
279-35 assumptions submitted to the office of management and budget under
280-36 this section or section 40 of this chapter at the same time the agency
281-37 submits the information to the office of management and budget. The
282-38 office of management and budget shall provide the legislative council
283-39 in an electronic format under IC 5-14-6 any fiscal impact statement and
284-40 related supporting documentation prepared by the office of
285-41 management and budget under this section or section 40 of this chapter
286-42 at the same time the office of management and budget provides the
247+1 IC 4-22-2.1-5(c); and
248+2 (2) may review a proposed rule that imposes requirements or
249+3 costs on businesses other than small businesses (as defined in
250+4 IC 4-22-2.1-4).
251+5 After conducting a review under subdivision (1) or (2), the ombudsman
252+6 may suggest alternatives to reduce any regulatory burden that the
253+7 proposed rule imposes on small businesses or other businesses. The
254+8 agency that intends to adopt the proposed rule shall respond in writing
255+9 to the ombudsman concerning the ombudsman's comments or
256+10 suggested alternatives before adopting the proposed rule under section
257+11 29 of this chapter.
258+12 (c) Subject to subsection (e) and not later than fifty (50) days before
259+13 the public hearing for a proposed rule required by section 26 of this
260+14 chapter, an agency shall submit the proposed rule to the office of
261+15 management and budget for a review under subsection (d), if the
262+16 agency proposing the rule determines that the rule will have a total
263+17 estimated economic impact greater than five hundred thousand dollars
264+18 ($500,000) on all regulated persons. In determining the total estimated
265+19 economic impact under this subsection, the agency shall consider any
266+20 applicable information submitted by the regulated persons affected by
267+21 the rule. To assist the office of management and budget in preparing
268+22 the fiscal impact statement required by subsection (d), the agency shall
269+23 submit, along with the proposed rule, the data used and assumptions
270+24 made by the agency in determining the total estimated economic
271+25 impact of the rule.
272+26 (d) Except as provided in subsection (e), before the adoption of the
273+27 rule, and not more than forty-five (45) days after receiving a proposed
274+28 rule under subsection (c), the office of management and budget shall
275+29 prepare, using the data and assumptions provided by the agency
276+30 proposing the rule, along with any other data or information available
277+31 to the office of management and budget, a fiscal impact statement
278+32 concerning the effect that compliance with the proposed rule will have
279+33 on:
280+34 (1) the state; and
281+35 (2) all persons regulated by the proposed rule.
282+36 The fiscal impact statement must contain the total estimated economic
283+37 impact of the proposed rule and a determination concerning the extent
284+38 to which the proposed rule creates an unfunded mandate on a state
285+39 agency or political subdivision. The fiscal impact statement is a public
286+40 document. The office of management and budget shall make the fiscal
287+41 impact statement available to interested parties upon request and to the
288+42 agency proposing the rule. The agency proposing the rule shall
287289 HB 1100—LS 6770/DI 125 7
288-1 fiscal impact statement to the agency proposing the rule. Information
289-2 submitted under this subsection must identify the rule to which the
290-3 information is related by document control number assigned by the
291-4 publisher.
292-5 (i) Subject to IC 4-22-2.5-3.5, an agency shall provide the
293-6 legislative council in an electronic format under IC 5-14-6 with any
294-7 economic impact or fiscal impact statement, including any supporting
295-8 data, studies, or analysis, prepared for a rule proposed by the agency or
296-9 subject to readoption by the agency to comply with:
297-10 (1) a requirement in section 19.5 of this chapter to minimize the
298-11 expenses to regulated entities that are required to comply with the
299-12 rule;
300-13 (2) a requirement in section 24 of this chapter to publish a
301-14 justification of any requirement or cost that is imposed on a
302-15 regulated entity under the rule;
303-16 (3) a requirement in IC 4-22-2.1-5 to prepare a statement that
304-17 describes the annual economic impact of a rule on all small
305-18 businesses after the rule is fully implemented;
306-19 (4) a requirement in IC 4-22-2.5-3.1 to conduct a review to
307-20 consider whether there are any alternative methods of achieving
308-21 the purpose of the rule that are less costly or less intrusive, or that
309-22 would otherwise minimize the economic impact of the proposed
310-23 rule on small businesses;
311-24 (5) a requirement in IC 13-14-9-3 or IC 13-14-9-4 to publish
312-25 information concerning the fiscal impact of a rule or alternatives
313-26 to a rule subject to these provisions; or
314-27 (6) a requirement under any other law to conduct an analysis of
315-28 the cost, economic impact, or fiscal impact of a rule;
316-29 regardless of whether the total estimated economic impact of the
317-30 proposed rule is more than five hundred thousand dollars ($500,000),
318-31 as soon as practicable after the information is prepared. Information
319-32 submitted under this subsection must identify the rule to which the
320-33 information is related by document control number assigned by the
321-34 publisher.
322-35 SECTION 8. IC 4-22-2-37.1, AS AMENDED BY P.L.140-2013,
290+1 consider the fiscal impact statement as part of the rulemaking process
291+2 and shall provide the office of management and budget with the
292+3 information necessary to prepare the fiscal impact statement, including
293+4 any economic impact statement prepared by the agency under
294+5 IC 4-22-2.1-5. The office of management and budget may also receive
295+6 and consider applicable information from the regulated persons
296+7 affected by the rule in preparation of the fiscal impact statement.
297+8 (e) With respect to a proposed rule subject to IC 13-14-9:
298+9 (1) the department of environmental management shall give
299+10 written notice to the office of management and budget of the
300+11 proposed date of preliminary adoption of the proposed rule not
301+12 less than sixty-six (66) days before that date; and
302+13 (2) the office of management and budget shall prepare the fiscal
303+14 impact statement referred to in subsection (d) not later than
304+15 twenty-one (21) days before the proposed date of preliminary
305+16 adoption of the proposed rule.
306+17 (f) In determining whether a proposed rule has a total estimated
307+18 economic impact greater than five hundred thousand dollars
308+19 ($500,000), the agency proposing the rule shall consider the impact of
309+20 the rule on any regulated person that already complies with the
310+21 standards imposed by the rule on a voluntary basis.
311+22 (g) For purposes of this section, a rule is fully implemented after:
312+23 (1) the conclusion of any phase-in period during which:
313+24 (A) the rule is gradually made to apply to certain regulated
314+25 persons; or
315+26 (B) the costs of the rule are gradually implemented; and
316+27 (2) the rule applies to all regulated persons that will be affected
317+28 by the rule.
318+29 In determining the total estimated economic impact of a proposed rule
319+30 under this section, the agency proposing the rule shall consider the
320+31 annual economic impact on all regulated persons beginning with the
321+32 first twelve (12) month period after the rule is fully implemented. The
322+33 agency may use actual or forecasted data and may consider the actual
323+34 and anticipated effects of inflation and deflation. The agency shall
324+35 describe any assumptions made and any data used in determining the
325+36 total estimated economic impact of a rule under this section.
326+37 (h) An agency shall provide the legislative council in an electronic
327+38 format under IC 5-14-6 with any analysis, data, and description of
328+39 assumptions submitted to the office of management and budget under
329+40 this section or section 40 of this chapter at the same time the agency
330+41 submits the information to the office of management and budget. The
331+42 office of management and budget shall provide the legislative council
332+HB 1100—LS 6770/DI 125 8
333+1 in an electronic format under IC 5-14-6 any fiscal impact statement and
334+2 related supporting documentation prepared by the office of
335+3 management and budget under this section or section 40 of this chapter
336+4 at the same time the office of management and budget provides the
337+5 fiscal impact statement to the agency proposing the rule. Information
338+6 submitted under this subsection must identify the rule to which the
339+7 information is related by document control number assigned by the
340+8 publisher.
341+9 (i) Subject to IC 4-22-2.5-3.5, an agency shall provide the
342+10 legislative council in an electronic format under IC 5-14-6 with any
343+11 economic impact or fiscal impact statement, including any supporting
344+12 data, studies, or analysis, prepared for a rule proposed by the agency or
345+13 subject to readoption by the agency to comply with:
346+14 (1) a requirement in section 19.5 of this chapter to minimize the
347+15 expenses to regulated entities that are required to comply with the
348+16 rule;
349+17 (2) a requirement in section 24 of this chapter to publish a
350+18 justification of any requirement or cost that is imposed on a
351+19 regulated entity under the rule;
352+20 (3) a requirement in IC 4-22-2.1-5 to prepare a statement that
353+21 describes the annual economic impact of a rule on all small
354+22 businesses after the rule is fully implemented;
355+23 (4) a requirement in IC 4-22-2.5-3.1 to conduct a review to
356+24 consider whether there are any alternative methods of achieving
357+25 the purpose of the rule that are less costly or less intrusive, or that
358+26 would otherwise minimize the economic impact of the proposed
359+27 rule on small businesses;
360+28 (5) a requirement in IC 13-14-9-3 or IC 13-14-9-4 to publish
361+29 information concerning the fiscal impact of a rule or alternatives
362+30 to a rule subject to these provisions; or
363+31 (6) a requirement under any other law to conduct an analysis of
364+32 the cost, economic impact, or fiscal impact of a rule;
365+33 regardless of whether the total estimated economic impact of the
366+34 proposed rule is more than five hundred thousand dollars ($500,000),
367+35 as soon as practicable after the information is prepared. Information
368+36 submitted under this subsection must identify the rule to which the
369+37 information is related by document control number assigned by the
370+38 publisher.
371+39 SECTION 9. IC 4-22-2-37.1, AS AMENDED BY P.L.140-2013,
372+40 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
373+41 JULY 1, 2022]: Sec. 37.1. (a) The following do not apply to a rule
374+42 adopted under this section:
375+HB 1100—LS 6770/DI 125 9
376+1 (1) Sections 24 23 through 36 of this chapter.
377+2 (2) IC 13-14-9.
378+3 (b) In conformity with section 14 of this chapter, this section
379+4 creates only procedural rights and imposes only procedural duties.
380+5 This section does not delegate substantive authority to an agency
381+6 to adopt a rule. This section applies only if a statute outside this
382+7 article delegates substantive rulemaking authority to the agency
383+8 and that statute or another statute expressly authorizes the agency
384+9 to exercise the rulemaking authority in accordance with the
385+10 emergency procedures in this section. A rule may be adopted under
386+11 this section statute outside this article authorizes an agency to
387+12 exercise the agency's rulemaking authority in accordance with the
388+13 procedures in this section if a the statute delegating authority to an
389+14 agency to adopt rules authorizes adoption of such a rule: expressly
390+15 states that rules may or shall be adopted:
391+16 (1) under this section; or
392+17 (2) in the manner provided by this section.
393+18 (c) To initiate a rulemaking proceeding under this section, an
394+19 agency must:
395+20 (1) demonstrate through findings of fact that:
396+21 (A) an imminent peril to the public health, safety, or
397+22 welfare;
398+23 (B) avoidance of a loss of federal funding for an agency
399+24 program or a violation of federal law or regulation;
400+25 (C) a change in the agency's governing statutes or a federal
401+26 program; or
402+27 (D) avoidance of any other substantial negative impact to
403+28 the public interest;
404+29 requires the immediate adoption of a rule in accordance with
405+30 this section; and
406+31 (2) after an agency adopts a rule under this section, the agency
407+32 shall submit the rule and findings of fact to the publisher for the
408+33 assignment of a document control number.
409+34 The agency shall submit the rule in the form required by section 20 of
410+35 this chapter and with the documents required by section 21 of this
411+36 chapter. The publisher shall determine the format of the rule and other
412+37 documents to be submitted under this subsection. The agency may
413+38 adopt the emergency rule before or after submission of the
414+39 emergency rule to the publisher. The publisher shall assign a
415+40 document control number for the rule. The publisher shall also
416+41 provide a copy of the emergency rule in an electronic format under
417+42 IC 5-14-6 to each member of the standing committee or standing
418+HB 1100—LS 6770/DI 125 10
419+1 committees that have subject matter jurisdiction most closely
420+2 relating to the subject matter of the emergency rule along with a
421+3 statement indicating that the rule has been submitted to the
422+4 attorney general for review.
423+5 (d) After the document control number has been assigned and the
424+6 agency adopts the emergency rule, the agency shall submit the
425+7 emergency rule, the findings required under subsection (c)(1), the
426+8 document number, the documents required by section 21 of this
427+9 chapter, and any other documents specified by the attorney general
428+10 to the publisher for filing. attorney general for review. The agency
429+11 shall submit the rule in the form required by section 20 of this chapter.
430+12 and with the documents required by section 21 of this chapter. The
431+13 publisher shall determine the format of the rule and other documents
432+14 to be submitted under this subsection.
433+15 (e) The attorney general shall conduct an expedited review of a
434+16 rule submitted under subsection (d) for legality and form. The
435+17 attorney general shall complete the review within a time consistent
436+18 with the emergency. The attorney general may return the rule to
437+19 the agency without disapproving the rule, and the agency may
438+20 recall and resubmit the rule to the attorney general under the same
439+21 document number in accordance with section 40 of this chapter. If
440+22 the attorney general does not approve the rule for legality and
441+23 form before the thirty-first day after the rule is submitted, the rule
442+24 is deemed approved, and the agency may submit it to the publisher.
443+25 (e) (f) When a rule has been approved or deemed approved for
444+26 legality and form by the attorney general, the agency shall
445+27 immediately submit the rule to the publisher for filing. Subject to
446+28 section 39 of this chapter, the publisher shall:
447+29 (1) accept the rule for filing; and
448+30 (2) electronically record the date and time that the rule is
449+31 accepted;
450+32 (3) publish the emergency rule; and
451+33 (4) provide a copy of the emergency rule in an electronic
452+34 format under IC 5-14-6 to each member of the standing
453+35 committee or standing committees that have subject matter
454+36 jurisdiction most closely relating to the subject matter of the
455+37 emergency rule along with a statement indicating that the rule
456+38 has been approved by the attorney general.
457+39 (f) (g) A rule adopted by an agency under this section takes effect
458+40 on the latest of the following dates:
459+41 (1) The effective date of the statute delegating authority to the
460+42 agency to adopt the rule.
461+HB 1100—LS 6770/DI 125 11
462+1 (2) The date and time that the rule is accepted for filing under
463+2 subsection (e). (f).
464+3 (3) The effective date stated by the adopting agency in the rule.
465+4 (4) The date of compliance with every requirement established by
466+5 law as a prerequisite to the adoption or effectiveness of the rule.
467+6 (5) The statutory effective date for an emergency rule set forth in
468+7 the statute authorizing the agency to adopt emergency rules.
469+8 (g) (h) Unless otherwise provided by the statute authorizing
470+9 adoption of the rule: Except as permitted under subsection (k) or (l):
471+10 (1) a rule adopted under this section expires not later than ninety
472+11 (90) days after the rule is accepted for filing under subsection (e);
473+12 (f);
474+13 (2) a rule adopted under this section may be extended by adopting
475+14 another rule under this section, but only for one (1) extension
476+15 period; and
477+16 (3) for a rule adopted under this section to be effective after one
478+17 (1) extension period, the rule must be adopted under:
479+18 (A) sections 24 through 36 of this chapter; or
480+19 (B) IC 13-14-9;
481+20 as applicable.
482+21 (h) (i) This section may not be used to readopt a rule under
483+22 IC 4-22-2.5.
484+23 (i) (j) The publisher of the Indiana administrative code shall
485+24 annually publish a list of agencies authorized to adopt rules under this
486+25 section.
487+26 (k) This subsection applies if a statute delegates authority to an
488+27 agency to adopt an emergency rule and a change in the agency's
489+28 governing statutes or a federal program requires an immediate
490+29 adoption of an emergency rule. An agency may extend a rule for
491+30 not more than six (6) extension periods in addition to the extension
492+31 period permitted under subdivision (h)(2) if the agency determines
493+32 the additional extensions are needed to allow sufficient time to
494+33 adopt a rule under sections 24 through 36 of this chapter or
495+34 IC 13-14-9.
496+35 (l) This subsection is intended to establish uniform procedures
497+36 for the implementation of emergency rules not described in
498+37 subsection (k). If a statute outside this chapter (regardless of
499+38 whether the statute is enacted before, on, or after July 1, 2022)
500+39 permits an emergency rule to be:
501+40 (1) effective for more than ninety (90) days, the emergency
502+41 rule expires ninety (90) days after the rule becomes effective,
503+42 unless, before the expiration date, the agency provides
504+HB 1100—LS 6770/DI 125 12
505+1 electronic notice to the publisher stating the reasons for
506+2 continuation of the emergency rule and the legislative council
507+3 approves the continuation of the emergency rule; or
508+4 (2) extended for more than one (1) extension period, the
509+5 agency may not apply the statute to extend the emergency
510+6 rule for more than one (1) extension period of not more than
511+7 ninety (90) days, unless, before the extension period elapses,
512+8 the agency provides electronic notice to the publisher stating
513+9 the reasons for additional extensions of the emergency rule
514+10 and the legislative council approves the requested additional
515+11 extension of the emergency rule.
516+12 However, if an emergency rule (including an emergency rule in
517+13 effect on an extension) is in effect on July 1, 2022, the emergency
518+14 rule expires on the earlier of the date that the emergency rule
519+15 would expire without the application of this subsection or
520+16 September 28, 2022, unless, before the expiration, the agency
521+17 provides electronic notice to the publisher stating the reasons for
522+18 continuation of the emergency rule and the legislative council
523+19 approves the requested continuation of the emergency rule. The
524+20 publisher shall publish notice of a request under this subsection in
525+21 the Indiana Register and provide the chair and vice chair of the
526+22 legislative council with the request submitted to the publisher. The
527+23 publisher shall publish notice of a determination of the legislative
528+24 council under this subsection in the Indiana Register.
529+25 SECTION 10. IC 4-22-2.5-1.1 IS AMENDED TO READ AS
530+26 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1.1. (a) This section
531+27 applies to the following:
532+28 (1) A rule that is required to receive or maintain:
533+29 (A) delegation;
534+30 (B) primacy; or
535+31 (C) approval;
536+32 for state implementation or operation of a program established
537+33 under federal law.
538+34 (2) A rule that is required to begin or continue receiving federal
539+35 funding for the implementation or operation of a program.
540+36 (b) A rule described in subsection (a) does not expire under this
541+37 chapter. However, except as provided in subsection (c), an agency
542+38 shall readopt a rule described in this section before January 1 July 1 of
543+39 the seventh fourth year after the year in which the rule takes effect as
544+40 set forth in this chapter.
545+41 (c) For a rule described in subsection (a) that takes effect before
546+42 July 1, 2022, the agency shall readopt the rule not later than June
547+HB 1100—LS 6770/DI 125 13
548+1 30, 2026.
549+2 SECTION 11. IC 4-22-2.5-2, AS AMENDED BY P.L.215-2005,
550+3 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
551+4 JULY 1, 2022]: Sec. 2. (a) Except as provided in subsection (b) or
552+5 section 1.1 of this chapter, an administrative rule adopted under
553+6 IC 4-22-2 expires January 1 of the seventh year after the year in which
554+7 the rule takes effect, unless the rule contains an earlier expiration date.
555+8 The expiration date of a rule under this section is extended each time
556+9 that a rule amending an unexpired rule takes effect. The rule, as
557+10 amended, expires on January 1 of the seventh year after the year in
558+11 which the amendment takes effect.
559+12 (b) An administrative rule that:
560+13 (1) was adopted under IC 4-22-2;
561+14 (2) is in force on December 31, 1995; and
562+15 (3) is not amended by a rule that takes effect after December 31,
563+16 1995, and before January 1, 2002;
564+17 expires not later than January 1, 2002.
565+18 (c) The determination of whether an administrative rule expires
566+19 under this chapter shall be applied at the level of an Indiana
567+20 Administrative Code section.
568+21 SECTION 12. IC 4-22-2.5-2.1 IS ADDED TO THE INDIANA
569+22 CODE AS A NEW SECTION TO READ AS FOLLOWS
570+23 [EFFECTIVE JULY 1, 2022]: Sec. 2.1. (a) Except as provided in
571+24 subsection (b) or section 1.1 of this chapter, an administrative rule
572+25 adopted under IC 4-22-2 expires July 1 of the fourth year after the
573+26 year in which the rule takes effect, unless the rule contains an
574+27 earlier expiration date. The expiration date of a rule under this
575+28 section is extended each time that a rule amending an unexpired
576+29 rule takes effect. The rule, as amended, expires on July 1 of the
577+30 fourth year after the year in which the amendment takes effect.
578+31 (b) This subsection applies to an administrative rule that:
579+32 (1) was adopted under IC 4-22-2 or readopted under this
580+33 chapter after December 31, 2015, and before January 1, 2020;
581+34 and
582+35 (2) is in force on June 30, 2022.
583+36 The expiration date of a rule described in this subsection is
584+37 extended under this subsection if the agency intends to readopt the
585+38 rule. The rule expires on July 1, 2024.
586+39 SECTION 13. IC 4-22-2.5-3, AS AMENDED BY P.L.188-2005,
587+40 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
588+41 JULY 1, 2022]: Sec. 3. (a) An agency that wishes to readopt a rule that
589+42 is subject to expiration under this chapter must:
590+HB 1100—LS 6770/DI 125 14
591+1 (1) follow the procedure for adoption of administrative rules
592+2 under IC 4-22-2; and
593+3 (2) for a rule that expires under this chapter:
594+4 (A) after June 30, 2005, conduct any review required under
595+5 section 3.1 of this chapter; and
596+6 (B) after June 30, 2024:
597+7 (i) conduct any review and compile any reports required
598+8 under section 3.1 of this chapter; and
599+9 (ii) provide the notification and any reports as required
600+10 under section 3.5 of this chapter.
601+11 (b) An agency may adopt a rule under IC 4-22-2 in anticipation of
602+12 a rule's expiration under this chapter.
603+13 (c) An agency may not use IC 4-22-2-37.1 to readopt a rule that is
604+14 subject to expiration under this chapter.
605+15 SECTION 14. IC 4-22-2.5-3.1, AS ADDED BY P.L.188-2005,
606+16 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
607+17 JULY 1, 2022]: Sec. 3.1. (a) This section applies to a rule that:
608+18 (1) expires under this chapter after June 30, 2005; and
609+19 (2) imposes requirements or costs on small businesses.
610+20 (b) As used in this section, "small business" has the meaning set
611+21 forth in IC 4-22-2.1-4.
612+22 (c) Subject to subsection (e), before an agency may act under
613+23 section 3 of this chapter to readopt a rule described in subsection (a),
614+24 the agency shall conduct a review to consider whether there are any
615+25 alternative methods of achieving the purpose of the rule that are less
616+26 costly or less intrusive, or that would otherwise minimize the economic
617+27 impact of the proposed rule on small businesses. In reviewing a rule
618+28 under this section, the agency shall consider the following:
619+29 (1) The continued need for the rule.
620+30 (2) The nature of any complaints or comments received from the
621+31 public, including small businesses, concerning the rule or the
622+32 rule's implementation by the agency.
623+33 (3) The complexity of the rule, including any difficulties
624+34 encountered by:
625+35 (A) the agency in administering the rule; or
626+36 (B) small businesses in complying with the rule.
627+37 (4) The extent to which the rule overlaps, duplicates, or conflicts
628+38 with other federal, state, or local laws, rules, regulations, or
629+39 ordinances.
630+40 (5) The length of time since the rule was last reviewed under this
631+41 section or otherwise evaluated by the agency, and the degree to
632+42 which technology, economic conditions, or other factors have
633+HB 1100—LS 6770/DI 125 15
634+1 changed in the area affected by the rule since that time.
635+2 (d) This subsection applies to a rule that was adopted through a
636+3 rulemaking action initiated by the agency under IC 4-22-2-23 after June
637+4 30, 2005. Subject to subsection (e), in reviewing the rule under this
638+5 section, the agency shall reexamine the most recent economic impact
639+6 statement prepared by the agency under IC 4-22-2.1-5. The agency
640+7 shall consider:
641+8 (1) the degree to which the factors analyzed in the statement have
642+9 changed since the statement was prepared; and
643+10 (2) whether:
644+11 (A) any regulatory alternatives included in the statement under
645+12 IC 4-22-2.1-5(a)(5); or
646+13 (B) any regulatory alternatives not considered by the agency
647+14 at the time the statement was prepared;
648+15 could be implemented to replace one (1) or more of the rule's
649+16 existing requirements.
650+17 (e) This subsection applies to a rule that expires under this
651+18 chapter after June 30, 2024. Before an agency may act under
652+19 section 3 of this chapter to readopt a rule described in subsection
653+20 (a), and not later than January 1 of the third year after the year in
654+21 which the rule most recently took effect, the agency shall:
655+22 (1) conduct the review under subsection (c) and prepare a
656+23 written report detailing the agency's findings in the review;
657+24 and
658+25 (2) conduct the reexamination under subsection (d) and make
659+26 any necessary updates to the economic impact statement.
660+27 (e) (f) After conducting the review required by this section and
661+28 providing the notification required under section 3.5 of this
662+29 chapter, the agency shall:
663+30 (1) readopt the rule without change, if no alternative regulatory
664+31 methods exist that could minimize the economic impact of the
665+32 rule on small businesses while still achieving the purpose of the
666+33 rule;
667+34 (2) amend the rule to implement alternative regulatory methods
668+35 that will minimize the economic impact of the rule on small
669+36 businesses; or
670+37 (3) repeal the rule, if the need for the rule no longer exists.
671+38 SECTION 15. IC 4-22-2.5-3.5 IS ADDED TO THE INDIANA
672+39 CODE AS A NEW SECTION TO READ AS FOLLOWS
673+40 [EFFECTIVE JULY 1, 2022]: Sec. 3.5. (a) This section applies to a
674+41 rule that expires under this chapter after June 30, 2024.
675+42 (b) Subject to subsection (e), before an agency may act under
676+HB 1100—LS 6770/DI 125 16
677+1 section 3 of this chapter to readopt a rule described in subsection
678+2 (a), and not later than January 1 of the third year after the year in
679+3 which the rule most recently took effect, the agency shall provide
680+4 notice of the pending readoption of the rule to the publisher. At the
681+5 same time the agency provides notice of the pending readoption of
682+6 the rule, the agency shall submit the following:
683+7 (1) A copy of the written report prepared under section
684+8 3.1(e)(1) of this chapter.
685+9 (2) A copy of the updated economic impact statement
686+10 prepared by the agency under section 3.1(e)(2) of this chapter.
687+11 If no update of the economic impact statement was necessary
688+12 under section 3.1(e)(2) of this chapter, the agency shall
689+13 provide a copy of the most recent economic impact statement
690+14 prepared by the agency under IC 4-22-2.1-5.
691+15 (3) If the rule imposes a penalty, fine, or other similar
692+16 negative impact on a person or business, a written description
693+17 of the penalty, fine, or other similar negative impact, and why
694+18 the penalty, fine, or other similar negative impact is
695+19 considered necessary.
696+20 (c) The publisher shall provide a copy of the materials
697+21 submitted by an agency in an electronic format under IC 5-14-6 to
698+22 each member of the standing committee or standing committees
699+23 that have subject matter jurisdiction most closely relating to the
700+24 subject matter of the rule.
701+25 (d) The publisher shall publish the materials submitted under
702+26 subsection (b) in the Indiana Register.
703+27 (e) If an agency intends to readopt a rule described in section
704+28 2.1(b) of this chapter, the agency shall submit the materials under
705+29 subsection (b) not later than January 1, 2023.
706+30 SECTION 16. IC 4-22-2.5-4, AS AMENDED BY P.L.123-2006,
707+31 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
708+32 JULY 1, 2022]: Sec. 4. (a) Except as provided in subsection (b) and
709+33 subject to section sections 3.1 and 3.5 of this chapter, an agency may
710+34 readopt all rules subject to expiration under this chapter under one (1)
711+35 rule that lists all rules that are readopted by their titles and subtitles
712+36 only. A rule that has expired but is readopted under this subsection may
713+37 not be removed from the Indiana Administrative Code.
714+38 (b) If, not later than thirty (30) days after an agency's publication of
715+39 notice of its intention to adopt a rule under IC 4-22-2-23 using the
716+40 listing allowed under subsection (a), a person submits to the agency a
717+41 written request and the person's basis for the request that a particular
718+42 rule be readopted separately from the readoption rule described in
719+HB 1100—LS 6770/DI 125 17
720+1 subsection (a), the agency must:
721+2 (1) readopt that rule separately from the readoption rule described
722+3 in subsection (a); and
723+4 (2) follow the procedure for adoption of administrative rules
724+5 under IC 4-22-2 with respect to the rule.
725+6 (c) If the agency does not receive a written request under subsection
726+7 (b) regarding a rule within thirty (30) days after the agency's
727+8 publication of notice, the agency may:
728+9 (1) submit the rule for filing with the publisher under
729+10 IC 4-22-2-35; or
730+11 (2) elect the procedure for readoption under IC 4-22-2.
731+12 SECTION 17. IC 4-22-2.5-5 IS AMENDED TO READ AS
732+13 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. If a rule is not
733+14 readopted before the expiration date for the rule and the governor finds
734+15 that the failure to readopt the rule causes an emergency to exist, the
735+16 governor may, by executive order issued before the rule's expiration
736+17 date, postpone the expiration date of the rule until a date that is one (1)
737+18 year after the date specified in section 2 2.1 of this chapter.
738+19 SECTION 18. IC 4-30-3-9, AS AMENDED BY P.L.140-2013,
739+20 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
740+21 JULY 1, 2022]: Sec. 9. (a) The commission may adopt emergency rules
741+22 under IC 4-22-2-37.1.
742+23 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
743+24 adopted by the commission under this section expires on the earlier of
744+25 the following dates:
745+26 (1) The expiration date stated in the emergency rule.
746+27 (2) The date the emergency rule is amended or repealed by a later
747+28 rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
748+29 IC 4-22-2-37.1.
749+30 SECTION 19. IC 4-31-3-9, AS AMENDED BY P.L.140-2013,
750+31 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
751+32 JULY 1, 2022]: Sec. 9. (a) Subject to section 14 of this chapter, the
752+33 commission may:
753+34 (1) adopt rules under IC 4-22-2, including emergency rules under
754+35 IC 4-22-2-37.1, to implement this article, including rules that
755+36 prescribe:
756+37 (A) the forms of wagering that are permitted;
757+38 (B) the number of races;
758+39 (C) the procedures for wagering;
759+40 (D) the wagering information to be provided to the public;
760+41 (E) fees for the issuance and renewal of:
761+42 (i) permits under IC 4-31-5;
762+HB 1100—LS 6770/DI 125 18
763+1 (ii) satellite facility licenses under IC 4-31-5.5; and
764+2 (iii) licenses for racetrack personnel and racing participants
765+3 under IC 4-31-6;
766+4 (F) investigative fees;
767+5 (G) fines and penalties; and
768+6 (H) any other regulation that the commission determines is in
769+7 the public interest in the conduct of recognized meetings and
770+8 wagering on horse racing in Indiana;
771+9 (2) appoint employees and fix their compensation, subject to the
772+10 approval of the budget agency under IC 4-12-1-13;
773+11 (3) enter into contracts necessary to implement this article; and
774+12 (4) receive and consider recommendations from a development
775+13 advisory committee established under IC 4-31-11.
776+14 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
777+15 adopted by the commission under subsection (a) expires on the earlier
778+16 of the following dates:
779+17 (1) The expiration date stated in the emergency rule.
780+18 (2) The date the emergency rule is amended or repealed by a later
781+19 rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
782+20 IC 4-22-2-37.1.
783+21 SECTION 20. IC 5-2-23-9, AS ADDED BY P.L.165-2019,
784+22 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
785+23 JULY 1, 2022]: Sec. 9. (a) The criminal justice institute may adopt
786+24 rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1,
787+25 to implement this chapter.
788+26 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
789+27 adopted under this section expires on the earlier of the following dates:
790+28 (1) The expiration date stated in the emergency rule.
791+29 (2) The date the emergency rule is amended or repealed by a later
792+30 rule adopted under IC 4-22-2-22.5 through IC 4-22-2-36 or under
793+31 IC 4-22-2-37.1.
794+32 (c) The criminal justice institute may readopt an emergency rule that
795+33 has expired.
796+34 SECTION 21. IC 5-20-9-8, AS ADDED BY P.L.103-2017,
797+35 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
798+36 JULY 1, 2022]: Sec. 8. (a) The authority may adopt rules under
799+37 IC 4-22-2, including emergency rules adopted in the manner provided
800+38 by IC 4-22-2-37.1, to establish the policies and procedures required
801+39 under section 6 of this chapter and to otherwise implement this chapter.
802+40 Rules or emergency rules adopted by the authority under this section
803+41 must take effect not later than January 1, 2018.
804+42 (b) Notwithstanding IC 4-22-2-37.1(g), Except as provided in
805+HB 1100—LS 6770/DI 125 19
806+1 IC 4-22-2-37.1, an emergency rule adopted by the authority in the
807+2 manner provided by IC 4-22-2-37.1 to establish the policies and
808+3 procedures required under section 6 of this chapter and to otherwise
809+4 implement this chapter expires on the date a rule that supersedes the
810+5 emergency rule is adopted by the authority under IC 4-22-2-24 through
811+6 IC 4-22-2-36.
812+7 SECTION 22. IC 5-28-5-8, AS AMENDED BY P.L.140-2013,
813+8 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
814+9 JULY 1, 2022]: Sec. 8. (a) The corporation shall adopt rules under
815+10 IC 4-22-2 to carry out its duties under this article. The board may also
816+11 adopt emergency rules under IC 4-22-2-37.1 to carry out its duties
817+12 under this article.
818+13 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
819+14 adopted under subsection (a) expires on the expiration date stated in
820+15 the rule.
821+16 (c) An emergency rule adopted under subsection (a) may be
822+17 extended as provided in IC 4-22-2-37.1(g), IC 4-22-2-37.1(h), but the
823+18 extension period may not exceed the period for which the original rule
824+19 was in effect.
825+20 SECTION 23. IC 5-33-5-8, AS ADDED BY P.L.78-2019,
826+21 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
827+22 JULY 1, 2022]: Sec. 8. (a) The corporation shall adopt rules under
828+23 IC 4-22-2 to carry out its duties under this article. The board may also
829+24 adopt emergency rules in the manner provided under IC 4-22-2-37.1 to
830+25 carry out its duties under this article.
831+26 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
832+27 adopted under subsection (a) expires on the expiration date stated in
833+28 the rule.
834+29 (c) An emergency rule adopted under subsection (a) may be
835+30 extended as provided in IC 4-22-2-37.1(g), IC 4-22-2-37.1(h), but the
836+31 extension period may not exceed the period for which the original rule
837+32 was in effect.
838+33 SECTION 24. IC 6-8.1-16.3-9, AS ADDED BY P.L.147-2018,
839+34 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
840+35 JULY 1, 2022]: Sec. 9. The department may adopt rules under
841+36 IC 4-22-2, including emergency rules in the manner provided under
842+37 IC 4-22-2-37.1, to implement this chapter. Except as provided in
843+38 IC 4-22-2-37.1, an emergency rule implemented under this section
844+39 expires on the earlier of the following dates:
845+40 (1) The expiration date stated in the emergency rule.
846+41 (2) The date the emergency rule is amended or repealed by a later
847+42 rule or emergency rule adopted under IC 4-22-2-24 through
848+HB 1100—LS 6770/DI 125 20
849+1 IC 4-22-2-36 or in the manner provided under IC 4-22-2-37.1.
850+2 SECTION 25. IC 8-1-2-101.5, AS ADDED BY P.L.160-2020,
851+3 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
852+4 JULY 1, 2022]: Sec. 101.5. (a) This section applies to:
853+5 (1) a water main extension;
854+6 (2) a wastewater main extension; or
855+7 (3) an agreement that:
856+8 (A) is for a water main extension or a wastewater main
857+9 extension; and
858+10 (B) is entered into after June 30, 2020, by a utility and the
859+11 person requesting the extension.
860+12 (b) As used in this section, "utility" means a municipally owned
861+13 utility (as defined in IC 8-1-2-1(h)) that provides water service or
862+14 wastewater service, or both, to the public.
863+15 (c) With respect to any water main extension or wastewater main
864+16 extension, a utility shall comply with the commission's rules governing
865+17 water main extensions or wastewater main extensions, as applicable,
866+18 including:
867+19 (1) 170 IAC 6-1.5, in the case of a water main extension; or
868+20 (2) 170 IAC 8.5-4, in the case of a wastewater main extension;
869+21 as may be amended by the commission, regardless of whether the
870+22 utility is subject to the jurisdiction of the commission for the approval
871+23 of rates and charges. However, a utility is not required to comply with
872+24 any provisions in the commission's main extension rules that require
873+25 reporting to the commission.
874+26 (d) Disputes arising under this section may be submitted as informal
875+27 complaints to the commission's consumer affairs division, in
876+28 accordance with IC 8-1-2-34.5(b) and the commission's rules under 170
877+29 IAC 16, including provisions for referrals and appeals to the full
878+30 commission, regardless of whether the person requesting the extension
879+31 is a customer of the utility.
880+32 (e) The commission shall adopt by:
881+33 (1) order; or
882+34 (2) rule under IC 4-22-2;
883+35 other procedures not inconsistent with this section that the commission
884+36 determines to be reasonable or necessary to administer this section. In
885+37 adopting the rules under this section, the commission may adopt
886+38 emergency rules in the manner provided by IC 4-22-2-37.1.
887+39 Notwithstanding IC 4-22-2-37.1(g), Except as provided in
888+40 IC 4-22-2-37.1, an emergency rule adopted by the commission under
889+41 this subsection and in the manner provided by IC 4-22-2-37.1 expires
890+42 on the date on which a rule that supersedes the emergency rule is
891+HB 1100—LS 6770/DI 125 21
892+1 adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
893+2 (f) If the commission determines that it requires additional staff to
894+3 handle the volume of informal complaints submitted under this section,
895+4 the commission may impose a fee under this section. Any fee charged
896+5 by the commission under this section may:
897+6 (1) not exceed:
898+7 (A) the commission's actual costs in administering this section;
899+8 or
900+9 (B) seven hundred fifty dollars ($750);
901+10 whichever is less; and
902+11 (2) be assessed against the party against whom a decision is
903+12 rendered under this section.
904+13 SECTION 26. IC 8-1-8.5-13, AS ADDED BY P.L.60-2021,
905+14 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
906+15 JULY 1, 2022]: Sec. 13. (a) The general assembly finds that it is in the
907+16 public interest to support the reliability, availability, and diversity of
908+17 electric generating capacity in Indiana for the purpose of providing
909+18 reliable and stable electric service to customers of public utilities.
910+19 (b) As used in this section, "appropriate regional transmission
911+20 organization", with respect to a public utility, refers to the regional
912+21 transmission organization approved by the Federal Energy Regulatory
913+22 Commission for the control area that includes the public utility's
914+23 assigned service area (as defined in IC 8-1-2.3-2).
915+24 (c) As used in this section, "MISO" refers to the regional
916+25 transmission organization known as the Midcontinent Independent
917+26 System Operator that operates the bulk power transmission system
918+27 serving most of the geographic territory in Indiana.
919+28 (d) As used in this section, "planning reserve margin requirement",
920+29 with respect to a public utility for a particular resource planning year,
921+30 means the planning reserve margin requirement for that planning year
922+31 that the public utility is obligated to meet in accordance with the public
923+32 utility's membership in the appropriate regional transmission
924+33 organization.
925+34 (e) As used in this section, "reliability adequacy metrics", with
926+35 respect to a public utility, means calculations used to demonstrate both
927+36 of the following:
928+37 (1) That the public utility:
929+38 (A) has in place sufficient summer UCAP; or
930+39 (B) can reasonably acquire not more than thirty percent (30%)
931+40 of its total summer UCAP from capacity markets, such that it
932+41 will have sufficient summer UCAP;
933+42 to provide reliable electric service to Indiana customers, and to
934+HB 1100—LS 6770/DI 125 22
935+1 meet its planning reserve margin requirement and other federal
936+2 reliability requirements described in subsection (i)(4).
937+3 (2) That the public utility:
938+4 (A) has in place sufficient winter UCAP; or
939+5 (B) can reasonably acquire not more than thirty percent (30%)
940+6 of its total winter UCAP from capacity markets, such that it
941+7 will have sufficient winter UCAP;
942+8 to provide reliable electric service to Indiana customers, and to
943+9 meet its planning reserve margin requirement and other federal
944+10 reliability requirements described in subsection (i)(4).
945+11 For purposes of this subsection, "capacity markets" means the auctions
946+12 conducted by an appropriate regional transmission organization to
947+13 determine a market clearing price for capacity based on the planning
948+14 reserve margin requirements established by the appropriate regional
949+15 transmission organization.
950+16 (f) As used in this section, "summer unforced capacity", or "summer
951+17 UCAP", with respect to an electric generating facility, means:
952+18 (1) the capacity value of the electric generating facility's installed
953+19 capacity rate adjusted for the electric generating facility's average
954+20 forced outage rate for the summer period, calculated as required
955+21 by the appropriate regional transmission organization or by the
956+22 Federal Energy Regulatory Commission; or
957+23 (2) a metric that is similar to the metric described in subdivision
958+24 (1) and that is required by the appropriate regional transmission
959+25 organization.
960+26 (g) As used in this section, "winter unforced capacity", or "winter
961+27 UCAP", with respect to an electric generating facility, means:
962+28 (1) the capacity value of the electric generating facility's installed
963+29 capacity rate adjusted for the electric generating facility's average
964+30 forced outage rate for the winter period, calculated as required by
965+31 the appropriate regional transmission organization or by the
966+32 Federal Energy Regulatory Commission;
967+33 (2) a metric that is similar to the metric described in subdivision
968+34 (1) and that is required by the appropriate regional transmission
969+35 organization; or
970+36 (3) if the appropriate regional transmission organization does not
971+37 require a metric described in subdivision (1) or (2), a metric that:
972+38 (A) can be used to demonstrate that a public utility has
973+39 sufficient capacity to:
974+40 (i) provide reliable electric service to Indiana customers for
975+41 the winter period; and
976+42 (ii) meet its planning reserve margin requirement and other
977+HB 1100—LS 6770/DI 125 23
978+1 federal reliability requirements described in subsection
979+2 (i)(4); and
980+3 (B) is acceptable to the commission.
981+4 (h) A public utility that owns and operates an electric generating
982+5 facility serving customers in Indiana shall operate and maintain the
983+6 facility using good utility practices and in a manner:
984+7 (1) reasonably intended to support the provision of reliable and
985+8 economic electric service to customers of the public utility; and
986+9 (2) reasonably consistent with the resource reliability
987+10 requirements of MISO or any other appropriate regional
988+11 transmission organization.
989+12 (i) Not later than thirty (30) days after the deadline for submitting
990+13 an annual planning reserve margin report to MISO, each public utility
991+14 providing electric service to Indiana customers shall, regardless of
992+15 whether the public utility is required to submit an annual planning
993+16 reserve margin report to MISO, file with the commission a report, in a
994+17 form specified by the commission, that provides the following
995+18 information for each of the next three (3) resource planning years,
996+19 beginning with the planning year covered by the planning reserve
997+20 margin report to MISO described in this subsection:
998+21 (1) The:
999+22 (A) capacity;
1000+23 (B) location; and
1001+24 (C) fuel source;
1002+25 for each electric generating facility that is owned and operated by
1003+26 the electric utility and that will be used to provide electric service
1004+27 to Indiana customers.
1005+28 (2) The amount of generating resource capacity or energy, or
1006+29 both, that the public utility has procured under contract and that
1007+30 will be used to provide electric service to Indiana customers,
1008+31 including the:
1009+32 (A) capacity;
1010+33 (B) location; and
1011+34 (C) fuel source;
1012+35 for each electric generating facility that will supply capacity or
1013+36 energy under the contract, to the extent known by the public
1014+37 utility.
1015+38 (3) The amount of demand response resources available to the
1016+39 public utility under contracts and tariffs.
1017+40 (4) The following:
1018+41 (A) The planning reserve margin requirements established by
1019+42 MISO for the planning years covered by the report, to the
1020+HB 1100—LS 6770/DI 125 24
1021+1 extent known by the public utility with respect to any
1022+2 particular planning year covered by the report.
1023+3 (B) If applicable, any other planning reserve margin
1024+4 requirement that:
1025+5 (i) applies to the planning years covered by the report; and
1026+6 (ii) the public utility is obligated to meet in accordance with
1027+7 the public utility's membership in an appropriate regional
1028+8 transmission organization;
1029+9 to the extent known by the public utility with respect to any
1030+10 particular planning year covered by the report.
1031+11 (C) Other federal reliability requirements that the public utility
1032+12 is obligated to meet in accordance with its membership in an
1033+13 appropriate regional transmission organization with respect to
1034+14 the planning years covered by the report, to the extent known
1035+15 by the public utility with respect to any particular planning
1036+16 year covered by the report.
1037+17 For each planning reserve margin requirement reported under
1038+18 clause (A) or (B), the public utility shall include a comparison of
1039+19 that planning reserve margin requirement to the planning reserve
1040+20 margin requirement established by the same regional transmission
1041+21 organization for the 2021-2022 planning year.
1042+22 (5) The reliability adequacy metrics of the public utility, as
1043+23 forecasted for the three (3) planning years covered by the report.
1044+24 (j) Upon request by a public utility, the commission shall determine
1045+25 whether information provided in a report filed by the public utility
1046+26 under subsection (i):
1047+27 (1) is confidential under IC 5-14-3-4 or is a trade secret under
1048+28 IC 24-2-3;
1049+29 (2) is exempt from public access and disclosure by Indiana law;
1050+30 and
1051+31 (3) shall be treated as confidential and protected from public
1052+32 access and disclosure by the commission.
1053+33 (k) A joint agency created under IC 8-1-2.2 may file the report
1054+34 required under subsection (i) as a consolidated report on behalf of any
1055+35 or all of the municipally owned utilities that make up its membership.
1056+36 (l) A:
1057+37 (1) corporation organized under IC 23-17 that is an electric
1058+38 cooperative and that has at least one (1) member that is a
1059+39 corporation organized under IC 8-1-13; or
1060+40 (2) general district corporation within the meaning of
1061+41 IC 8-1-13-23;
1062+42 may file the report required under subsection (i) as a consolidated
1063+HB 1100—LS 6770/DI 125 25
1064+1 report on behalf of any or all of the cooperatively owned electric
1065+2 utilities that it serves.
1066+3 (m) In reviewing a report filed by a public utility under subsection
1067+4 (i), the commission may request technical assistance from MISO or any
1068+5 other appropriate regional transmission organization in determining:
1069+6 (1) the planning reserve margin requirements or other federal
1070+7 reliability requirement that the public utility is obligated to meet,
1071+8 as described in subsection (i)(4); and
1072+9 (2) whether the resources available to the public utility under
1073+10 subsections subsection (i)(1) through (i)(3) will be adequate to
1074+11 support the provision of reliable electric service to the public
1075+12 utility's Indiana customers.
1076+13 (n) If, after reviewing a report filed by a public utility under
1077+14 subsection (i), the commission is not satisfied that the public utility
1078+15 can:
1079+16 (1) provide reliable electric service to the public utility's Indiana
1080+17 customers; or
1081+18 (2) meet its planning reserve margin requirement or other federal
1082+19 reliability requirements that the public utility is obligated to meet,
1083+20 as described in subsection (i)(4);
1084+21 during one (1) more of the planning years covered by the report, the
1085+22 commission may conduct an investigation under IC 8-1-2-58 and
1086+23 IC 8-1-2-59 as to the reasons for the public utility's potential inability
1087+24 to meet the requirements described in subdivision (1) or (2), or both.
1088+25 (o) If, upon investigation under IC 8-1-2-58 and IC 8-1-2-59, and
1089+26 after notice and hearing, as required by IC 8-1-2-59, the commission
1090+27 determines that the capacity resources available to the public utility
1091+28 under subsections subsection (i)(1) through (i)(3) will not be adequate
1092+29 to support the provision of reliable electric service to the public utility's
1093+30 Indiana customers, or to allow the public utility to meet its planning
1094+31 reserve margin requirements or other federal reliability requirements
1095+32 that the public utility is obligated to meet (as described in subsection
1096+33 (i)(4)), the commission shall issue an order directing the public utility
1097+34 to acquire or construct such capacity resources that are reasonable and
1098+35 necessary to enable the public utility to provide reliable electric service
1099+36 to its Indiana customers, and to meet its planning reserve margin
1100+37 requirements or other federal reliability requirements described in
1101+38 subsection (i)(4). Not later than ninety (90) days after the date of the
1102+39 commission's order under this subsection, the public utility shall file for
1103+40 approval with the commission a plan to comply with the commission's
1104+41 order. The public utility's plan may include:
1105+42 (1) a request for a certificate of public convenience and necessity
1106+HB 1100—LS 6770/DI 125 26
1107+1 under this chapter; or
1108+2 (2) an application under IC 8-1-8.8;
1109+3 or both.
1110+4 (p) Beginning in 2022, the commission shall before November 1 of
1111+5 each year submit to the governor and to the interim study committee on
1112+6 energy, utilities, and telecommunications established by
1113+7 IC 2-5-1.3-4(8) a report that includes the following:
1114+8 (1) The commission's analysis regarding the ability of public
1115+9 utilities to:
1116+10 (A) provide reliable electric service to Indiana customers; and
1117+11 (B) meet their planning reserve margin requirements or other
1118+12 federal reliability requirements;
1119+13 for the next three (3) utility resource planning years, based on the
1120+14 most recent reports filed by public utilities under subsection (i).
1121+15 (2) A summary of:
1122+16 (A) the projected demand for retail electricity in Indiana over
1123+17 the next calendar year; and
1124+18 (B) the amount and type of capacity resources committed to
1125+19 meeting the projected demand.
1126+20 In preparing the summary required under this subdivision, the
1127+21 commission may consult with the forecasting group established
1128+22 under section 3.5 of this chapter.
1129+23 A report under this subsection to the interim study committee on
1130+24 energy, utilities, and telecommunications established by
1131+25 IC 2-5-1.3-4(8) must be in an electronic format under IC 5-14-6.
1132+26 (q) The commission may adopt rules under IC 4-22-2 to implement
1133+27 this section. In adopting rules to implement this section, the
1134+28 commission may adopt emergency rules in the manner provided by
1135+29 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
1136+30 provided in IC 4-22-2-37.1, an emergency rule adopted by the
1137+31 commission under this subsection and in the manner provided by
1138+32 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
1139+33 emergency rule is adopted by the commission under IC 4-22-2-24
1140+34 through IC 4-22-2-36.
1141+35 SECTION 27. IC 8-1-26-18.5, AS ADDED BY P.L.46-2020,
3231142 36 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
324-37 JULY 1, 2022]: Sec. 37.1. (a) The following do not apply to a rule
325-38 adopted under this section:
326-39 (1) Sections 24 23 through 36 of this chapter.
327-40 (2) IC 13-14-9.
328-41 (b) In conformity with section 14 of this chapter, this section
329-42 creates only procedural rights and imposes only procedural duties.
330-HB 1100—LS 6770/DI 125 8
331-1 This section does not delegate substantive authority to an agency
332-2 to adopt a rule. This section applies only if a statute outside this
333-3 article delegates substantive rulemaking authority to the agency
334-4 and that statute or another statute expressly authorizes the agency
335-5 to exercise the rulemaking authority in accordance with the
336-6 emergency procedures in this section. A rule may be adopted under
337-7 this section statute outside this article authorizes an agency to
338-8 exercise the agency's rulemaking authority in accordance with the
339-9 procedures in this section if a the statute delegating authority to an
340-10 agency to adopt rules authorizes adoption of such a rule: expressly
341-11 states that rules may or shall be adopted:
342-12 (1) under this section; or
343-13 (2) in the manner provided by this section.
344-14 (c) To initiate a rulemaking proceeding under this section, an
345-15 agency must:
346-16 (1) demonstrate through findings of fact that:
347-17 (A) an imminent peril to the public health, safety, or
348-18 welfare;
349-19 (B) avoidance of a loss of federal funding for an agency
350-20 program or a violation of federal law or regulation;
351-21 (C) a change in the agency's governing statutes or a federal
352-22 program; or
353-23 (D) avoidance of any other substantial negative impact to
354-24 the public interest;
355-25 requires the immediate adoption of a rule in accordance with
356-26 this section; and
357-27 (2) after an agency adopts a rule under this section, the agency
358-28 shall submit the rule and findings of fact to the publisher for the
359-29 assignment of a document control number.
360-30 The agency shall submit the rule in the form required by section 20 of
361-31 this chapter and with the documents required by section 21 of this
362-32 chapter. The publisher shall determine the format of the rule and other
363-33 documents to be submitted under this subsection. The agency may
364-34 adopt the emergency rule before or after submission of the
365-35 emergency rule to the publisher. The publisher shall assign a
366-36 document control number for the rule. The publisher shall also
367-37 provide a copy of the emergency rule in an electronic format under
368-38 IC 5-14-6 to each member of the standing committee or standing
369-39 committees that have subject matter jurisdiction most closely
370-40 relating to the subject matter of the emergency rule along with a
371-41 statement indicating that the rule has been submitted to the
372-42 attorney general for review.
373-HB 1100—LS 6770/DI 125 9
374-1 (d) After the document control number has been assigned and the
375-2 agency adopts the emergency rule, the agency shall submit the
376-3 emergency rule, the findings required under subsection (c)(1), the
377-4 document number, the documents required by section 21 of this
378-5 chapter, and any other documents specified by the attorney general
379-6 to the publisher for filing. attorney general for review. The agency
380-7 shall submit the rule in the form required by section 20 of this chapter.
381-8 and with the documents required by section 21 of this chapter. The
382-9 publisher shall determine the format of the rule and other documents
383-10 to be submitted under this subsection.
384-11 (e) The attorney general shall conduct an expedited review of a
385-12 rule submitted under subsection (d). The attorney general shall
386-13 review a rule under this section to determine if it:
387-14 (1) has been adopted without statutory authority;
388-15 (2) has been adopted without complying with this section;
389-16 (3) has been adopted without complying with the statute
390-17 authorizing the agency to adopt emergency rules under this
391-18 section; or
392-19 (4) violates another law.
393-20 The attorney general shall complete the review within a time
394-21 consistent with the emergency. The attorney general may return
395-22 the rule to the agency without disapproving the rule, and the
396-23 agency may recall and resubmit the rule to the attorney general
397-24 under the same document number in accordance with section 40 of
398-25 this chapter. If the attorney general does not approve the rule for
399-26 legality and form before the thirty-first day after the rule is
400-27 submitted, the rule is deemed approved, and the agency may
401-28 submit it to the publisher.
402-29 (e) (f) When a rule has been approved or deemed approved for
403-30 legality and form by the attorney general, the agency shall
404-31 immediately submit the rule to the publisher for filing. Subject to
405-32 section 39 of this chapter, the publisher shall:
406-33 (1) accept the rule for filing; and
407-34 (2) electronically record the date and time that the rule is
408-35 accepted;
409-36 (3) publish the emergency rule; and
410-37 (4) provide a copy of the emergency rule in an electronic
411-38 format under IC 5-14-6 to each member of the standing
412-39 committee or standing committees that have subject matter
413-40 jurisdiction most closely relating to the subject matter of the
414-41 emergency rule along with a statement indicating that the rule
415-42 has been approved by the attorney general.
416-HB 1100—LS 6770/DI 125 10
417-1 (f) (g) A rule adopted by an agency under this section takes effect
418-2 on the latest of the following dates:
419-3 (1) The effective date of the statute delegating authority to the
420-4 agency to adopt the rule.
421-5 (2) The date and time that the rule is accepted for filing under
422-6 subsection (e). (f).
423-7 (3) The effective date stated by the adopting agency in the rule.
424-8 (4) The date of compliance with every requirement established by
425-9 law as a prerequisite to the adoption or effectiveness of the rule.
426-10 (5) The statutory effective date for an emergency rule set forth in
427-11 the statute authorizing the agency to adopt emergency rules.
428-12 (g) (h) Unless otherwise provided by the statute authorizing
429-13 adoption of the rule: Except as permitted under subsection (k) or (l):
430-14 (1) a rule adopted under this section expires not later than ninety
431-15 (90) days after the rule is accepted for filing under subsection (e);
432-16 (f);
433-17 (2) a rule adopted under this section may be extended by adopting
434-18 another rule under this section, but only for one (1) extension
435-19 period; and
436-20 (3) for a rule adopted under this section to be effective after one
437-21 (1) extension period, the rule must be adopted under:
438-22 (A) sections 24 through 36 of this chapter; or
439-23 (B) IC 13-14-9;
440-24 as applicable.
441-25 (h) (i) This section may not be used to readopt a rule under
442-26 IC 4-22-2.5.
443-27 (i) (j) The publisher of the Indiana administrative code shall
444-28 annually publish a list of agencies authorized to adopt rules under this
445-29 section.
446-30 (k) This subsection applies if a statute delegates authority to an
447-31 agency to adopt an emergency rule and a change in the agency's
448-32 governing statutes or a federal program requires an immediate
449-33 adoption of an emergency rule. An agency may extend a rule for
450-34 not more than six (6) extension periods in addition to the extension
451-35 period permitted under subdivision (h)(2) if the agency determines
452-36 the additional extensions are needed to allow sufficient time to
453-37 adopt a rule under sections 24 through 36 of this chapter or
454-38 IC 13-14-9.
455-39 (l) This subsection is intended to establish uniform procedures
456-40 for the implementation of emergency rules not described in
457-41 subsection (k). If a statute outside this chapter (regardless of
458-42 whether the statute is enacted before, on, or after July 1, 2022)
459-HB 1100—LS 6770/DI 125 11
460-1 permits an emergency rule to be:
461-2 (1) effective for more than ninety (90) days, the emergency
462-3 rule expires ninety (90) days after the rule becomes effective,
463-4 unless, before the expiration date, the agency provides
464-5 electronic notice to the publisher stating the reasons for
465-6 continuation of the emergency rule and the legislative council
466-7 approves the continuation of the emergency rule; or
467-8 (2) extended for more than one (1) extension period, the
468-9 agency may not apply the statute to extend the emergency
469-10 rule for more than one (1) extension period of not more than
470-11 ninety (90) days, unless, before the extension period elapses,
471-12 the agency provides electronic notice to the publisher stating
472-13 the reasons for additional extensions of the emergency rule
473-14 and the legislative council approves the requested additional
474-15 extension of the emergency rule.
475-16 However, if an emergency rule (including an emergency rule in
476-17 effect on an extension) is in effect on July 1, 2022, the emergency
477-18 rule expires on the earlier of the date that the emergency rule
478-19 would expire without the application of this subsection or
479-20 September 28, 2022, unless, before the expiration, the agency
480-21 provides electronic notice to the publisher stating the reasons for
481-22 continuation of the emergency rule and the legislative council
482-23 approves the requested continuation of the emergency rule. The
483-24 publisher shall publish notice of a request under this subsection in
484-25 the Indiana Register and provide the chair and vice chair of the
485-26 legislative council with the request submitted to the publisher. The
486-27 publisher shall publish notice of a determination of the legislative
487-28 council under this subsection in the Indiana Register.
488-29 SECTION 9. IC 4-22-2.5-1.1 IS AMENDED TO READ AS
489-30 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1.1. (a) This section
490-31 applies to the following:
491-32 (1) A rule that is required to receive or maintain:
492-33 (A) delegation;
493-34 (B) primacy; or
494-35 (C) approval;
495-36 for state implementation or operation of a program established
496-37 under federal law.
497-38 (2) A rule that is required to begin or continue receiving federal
498-39 funding for the implementation or operation of a program.
499-40 (b) A rule described in subsection (a) does not expire under this
500-41 chapter. However, except as provided in subsection (c), an agency
501-42 shall readopt a rule described in this section before January 1 July 1 of
502-HB 1100—LS 6770/DI 125 12
503-1 the seventh fourth year after the year in which the rule takes effect as
504-2 set forth in this chapter.
505-3 (c) For a rule described in subsection (a) that takes effect before
506-4 July 1, 2022, the agency shall readopt the rule not later than June
507-5 30, 2026.
508-6 SECTION 10. IC 4-22-2.5-2, AS AMENDED BY P.L.215-2005,
509-7 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
510-8 JULY 1, 2022]: Sec. 2. (a) Except as provided in subsection (b) or
511-9 section 1.1 of this chapter, an administrative rule adopted under
512-10 IC 4-22-2 expires January 1 of the seventh year after the year in which
513-11 the rule takes effect, unless the rule contains an earlier expiration date.
514-12 The expiration date of a rule under this section is extended each time
515-13 that a rule amending an unexpired rule takes effect. The rule, as
516-14 amended, expires on January 1 of the seventh year after the year in
517-15 which the amendment takes effect.
518-16 (b) An administrative rule that:
519-17 (1) was adopted under IC 4-22-2;
520-18 (2) is in force on December 31, 1995; and
521-19 (3) is not amended by a rule that takes effect after December 31,
522-20 1995, and before January 1, 2002;
523-21 expires not later than January 1, 2002.
524-22 (c) The determination of whether an administrative rule expires
525-23 under this chapter shall be applied at the level of an Indiana
526-24 Administrative Code section.
527-25 SECTION 11. IC 4-22-2.5-2.1 IS ADDED TO THE INDIANA
528-26 CODE AS A NEW SECTION TO READ AS FOLLOWS
529-27 [EFFECTIVE JULY 1, 2022]: Sec. 2.1. (a) Except as provided in
530-28 subsection (b) or section 1.1 of this chapter, an administrative rule
531-29 adopted under IC 4-22-2 expires July 1 of the fourth year after the
532-30 year in which the rule takes effect, unless the rule contains an
533-31 earlier expiration date. The expiration date of a rule under this
534-32 section is extended each time that a rule amending an unexpired
535-33 rule takes effect. The rule, as amended, expires on July 1 of the
536-34 fourth year after the year in which the amendment takes effect.
537-35 (b) This subsection applies to an administrative rule that:
538-36 (1) was adopted under IC 4-22-2 or readopted under this
539-37 chapter after December 31, 2015, and before January 1, 2020;
540-38 and
541-39 (2) is in force on June 30, 2022.
542-40 The expiration date of a rule described in this subsection is
543-41 extended under this subsection if the agency intends to readopt the
544-42 rule. The rule expires on July 1, 2024.
545-HB 1100—LS 6770/DI 125 13
546-1 SECTION 12. IC 4-22-2.5-3, AS AMENDED BY P.L.188-2005,
547-2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
548-3 JULY 1, 2022]: Sec. 3. (a) An agency that wishes to readopt a rule that
549-4 is subject to expiration under this chapter must:
550-5 (1) follow the procedure for adoption of administrative rules
551-6 under IC 4-22-2; and
552-7 (2) for a rule that expires under this chapter:
553-8 (A) after June 30, 2005, conduct any review required under
554-9 section 3.1 of this chapter; and
555-10 (B) after June 30, 2024:
556-11 (i) conduct any review and compile any reports required
557-12 under section 3.1 of this chapter; and
558-13 (ii) provide the notification and any reports as required
559-14 under section 3.5 of this chapter.
560-15 (b) An agency may adopt a rule under IC 4-22-2 in anticipation of
561-16 a rule's expiration under this chapter.
562-17 (c) An agency may not use IC 4-22-2-37.1 to readopt a rule that is
563-18 subject to expiration under this chapter.
564-19 SECTION 13. IC 4-22-2.5-3.1, AS ADDED BY P.L.188-2005,
565-20 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
566-21 JULY 1, 2022]: Sec. 3.1. (a) This section applies to a rule that:
567-22 (1) expires under this chapter after June 30, 2005; and
568-23 (2) imposes requirements or costs on small businesses.
569-24 (b) As used in this section, "small business" has the meaning set
570-25 forth in IC 4-22-2.1-4.
571-26 (c) Subject to subsection (e), before an agency may act under
572-27 section 3 of this chapter to readopt a rule described in subsection (a),
573-28 the agency shall conduct a review to consider whether there are any
574-29 alternative methods of achieving the purpose of the rule that are less
575-30 costly or less intrusive, or that would otherwise minimize the economic
576-31 impact of the proposed rule on small businesses. In reviewing a rule
577-32 under this section, the agency shall consider the following:
578-33 (1) The continued need for the rule.
579-34 (2) The nature of any complaints or comments received from the
580-35 public, including small businesses, concerning the rule or the
581-36 rule's implementation by the agency.
582-37 (3) The complexity of the rule, including any difficulties
583-38 encountered by:
584-39 (A) the agency in administering the rule; or
585-40 (B) small businesses in complying with the rule.
586-41 (4) The extent to which the rule overlaps, duplicates, or conflicts
587-42 with other federal, state, or local laws, rules, regulations, or
588-HB 1100—LS 6770/DI 125 14
589-1 ordinances.
590-2 (5) The length of time since the rule was last reviewed under this
591-3 section or otherwise evaluated by the agency, and the degree to
592-4 which technology, economic conditions, or other factors have
593-5 changed in the area affected by the rule since that time.
594-6 (d) This subsection applies to a rule that was adopted through a
595-7 rulemaking action initiated by the agency under IC 4-22-2-23 after June
596-8 30, 2005. Subject to subsection (e), in reviewing the rule under this
597-9 section, the agency shall reexamine the most recent economic impact
598-10 statement prepared by the agency under IC 4-22-2.1-5. The agency
599-11 shall consider:
600-12 (1) the degree to which the factors analyzed in the statement have
601-13 changed since the statement was prepared; and
602-14 (2) whether:
603-15 (A) any regulatory alternatives included in the statement under
604-16 IC 4-22-2.1-5(a)(5); or
605-17 (B) any regulatory alternatives not considered by the agency
606-18 at the time the statement was prepared;
607-19 could be implemented to replace one (1) or more of the rule's
608-20 existing requirements.
609-21 (e) This subsection applies to a rule that expires under this
610-22 chapter after June 30, 2024. Before an agency may act under
611-23 section 3 of this chapter to readopt a rule described in subsection
612-24 (a), and not later than January 1 of the third year after the year in
613-25 which the rule most recently took effect, the agency shall:
614-26 (1) conduct the review under subsection (c) and prepare a
615-27 written report detailing the agency's findings in the review;
616-28 and
617-29 (2) conduct the reexamination under subsection (d) and make
618-30 any necessary updates to the economic impact statement.
619-31 (e) (f) After conducting the review required by this section and
620-32 providing the notification required under section 3.5 of this
621-33 chapter, the agency shall:
622-34 (1) readopt the rule without change, if no alternative regulatory
623-35 methods exist that could minimize the economic impact of the
624-36 rule on small businesses while still achieving the purpose of the
625-37 rule;
626-38 (2) amend the rule to implement alternative regulatory methods
627-39 that will minimize the economic impact of the rule on small
628-40 businesses; or
629-41 (3) repeal the rule, if the need for the rule no longer exists.
630-42 SECTION 14. IC 4-22-2.5-3.5 IS ADDED TO THE INDIANA
631-HB 1100—LS 6770/DI 125 15
632-1 CODE AS A NEW SECTION TO READ AS FOLLOWS
633-2 [EFFECTIVE JULY 1, 2022]: Sec. 3.5. (a) This section applies to a
634-3 rule that expires under this chapter after June 30, 2024.
635-4 (b) Subject to subsection (e), before an agency may act under
636-5 section 3 of this chapter to readopt a rule described in subsection
637-6 (a), and not later than January 1 of the third year after the year in
638-7 which the rule most recently took effect, the agency shall provide
639-8 notice of the pending readoption of the rule to the publisher. At the
640-9 same time the agency provides notice of the pending readoption of
641-10 the rule, the agency shall submit the following:
642-11 (1) A copy of the written report prepared under section
643-12 3.1(e)(1) of this chapter.
644-13 (2) A copy of the updated economic impact statement
645-14 prepared by the agency under section 3.1(e)(2) of this chapter.
646-15 If no update of the economic impact statement was necessary
647-16 under section 3.1(e)(2) of this chapter, the agency shall
648-17 provide a copy of the most recent economic impact statement
649-18 prepared by the agency under IC 4-22-2.1-5.
650-19 (3) If the rule imposes a penalty, fine, or other similar
651-20 negative impact on a person or business, a written description
652-21 of the penalty, fine, or other similar negative impact, and why
653-22 the penalty, fine, or other similar negative impact is
654-23 considered necessary.
655-24 (c) The publisher shall provide a copy of the materials
656-25 submitted by an agency in an electronic format under IC 5-14-6 to
657-26 each member of the standing committee or standing committees
658-27 that have subject matter jurisdiction most closely relating to the
659-28 subject matter of the rule.
660-29 (d) The publisher shall publish the materials submitted under
661-30 subsection (b) in the Indiana Register.
662-31 (e) If an agency intends to readopt a rule described in section
663-32 2.1(b) of this chapter, the agency shall submit the materials under
664-33 subsection (b) not later than January 1, 2023.
665-34 SECTION 15. IC 4-22-2.5-4, AS AMENDED BY P.L.123-2006,
666-35 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
667-36 JULY 1, 2022]: Sec. 4. (a) Except as provided in subsection (b) and
668-37 subject to section sections 3.1 and 3.5 of this chapter, an agency may
669-38 readopt all rules subject to expiration under this chapter under one (1)
670-39 rule that lists all rules that are readopted by their titles and subtitles
671-40 only. A rule that has expired but is readopted under this subsection may
672-41 not be removed from the Indiana Administrative Code.
673-42 (b) If, not later than thirty (30) days after an agency's publication of
674-HB 1100—LS 6770/DI 125 16
675-1 notice of its intention to adopt a rule under IC 4-22-2-23 using the
676-2 listing allowed under subsection (a), a person submits to the agency a
677-3 written request and the person's basis for the request that a particular
678-4 rule be readopted separately from the readoption rule described in
679-5 subsection (a), the agency must:
680-6 (1) readopt that rule separately from the readoption rule described
681-7 in subsection (a); and
682-8 (2) follow the procedure for adoption of administrative rules
683-9 under IC 4-22-2 with respect to the rule.
684-10 (c) If the agency does not receive a written request under subsection
685-11 (b) regarding a rule within thirty (30) days after the agency's
686-12 publication of notice, the agency may:
687-13 (1) submit the rule for filing with the publisher under
688-14 IC 4-22-2-35; or
689-15 (2) elect the procedure for readoption under IC 4-22-2.
690-16 SECTION 16. IC 4-22-2.5-5 IS AMENDED TO READ AS
691-17 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. If a rule is not
692-18 readopted before the expiration date for the rule and the governor finds
693-19 that the failure to readopt the rule causes an emergency to exist, the
694-20 governor may, by executive order issued before the rule's expiration
695-21 date, postpone the expiration date of the rule until a date that is one (1)
696-22 year after the date specified in section 2 2.1 of this chapter.
697-23 SECTION 17. IC 4-30-3-9, AS AMENDED BY P.L.140-2013,
698-24 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
699-25 JULY 1, 2022]: Sec. 9. (a) The commission may adopt emergency rules
700-26 under IC 4-22-2-37.1.
701-27 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
702-28 adopted by the commission under this section expires on the earlier of
703-29 the following dates:
704-30 (1) The expiration date stated in the emergency rule.
705-31 (2) The date the emergency rule is amended or repealed by a later
706-32 rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
707-33 IC 4-22-2-37.1.
708-34 SECTION 18. IC 4-31-3-9, AS AMENDED BY P.L.140-2013,
709-35 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
710-36 JULY 1, 2022]: Sec. 9. (a) Subject to section 14 of this chapter, the
711-37 commission may:
712-38 (1) adopt rules under IC 4-22-2, including emergency rules under
713-39 IC 4-22-2-37.1, to implement this article, including rules that
714-40 prescribe:
715-41 (A) the forms of wagering that are permitted;
716-42 (B) the number of races;
717-HB 1100—LS 6770/DI 125 17
718-1 (C) the procedures for wagering;
719-2 (D) the wagering information to be provided to the public;
720-3 (E) fees for the issuance and renewal of:
721-4 (i) permits under IC 4-31-5;
722-5 (ii) satellite facility licenses under IC 4-31-5.5; and
723-6 (iii) licenses for racetrack personnel and racing participants
724-7 under IC 4-31-6;
725-8 (F) investigative fees;
726-9 (G) fines and penalties; and
727-10 (H) any other regulation that the commission determines is in
728-11 the public interest in the conduct of recognized meetings and
729-12 wagering on horse racing in Indiana;
730-13 (2) appoint employees and fix their compensation, subject to the
731-14 approval of the budget agency under IC 4-12-1-13;
732-15 (3) enter into contracts necessary to implement this article; and
733-16 (4) receive and consider recommendations from a development
734-17 advisory committee established under IC 4-31-11.
735-18 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
736-19 adopted by the commission under subsection (a) expires on the earlier
737-20 of the following dates:
738-21 (1) The expiration date stated in the emergency rule.
739-22 (2) The date the emergency rule is amended or repealed by a later
740-23 rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
741-24 IC 4-22-2-37.1.
742-25 SECTION 19. IC 5-2-23-9, AS ADDED BY P.L.165-2019,
743-26 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
744-27 JULY 1, 2022]: Sec. 9. (a) The criminal justice institute may adopt
745-28 rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1,
746-29 to implement this chapter.
747-30 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
748-31 adopted under this section expires on the earlier of the following dates:
749-32 (1) The expiration date stated in the emergency rule.
750-33 (2) The date the emergency rule is amended or repealed by a later
751-34 rule adopted under IC 4-22-2-22.5 through IC 4-22-2-36 or under
752-35 IC 4-22-2-37.1.
753-36 (c) The criminal justice institute may readopt an emergency rule that
754-37 has expired.
755-38 SECTION 20. IC 5-20-9-8, AS ADDED BY P.L.103-2017,
756-39 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
757-40 JULY 1, 2022]: Sec. 8. (a) The authority may adopt rules under
758-41 IC 4-22-2, including emergency rules adopted in the manner provided
759-42 by IC 4-22-2-37.1, to establish the policies and procedures required
760-HB 1100—LS 6770/DI 125 18
761-1 under section 6 of this chapter and to otherwise implement this chapter.
762-2 Rules or emergency rules adopted by the authority under this section
763-3 must take effect not later than January 1, 2018.
764-4 (b) Notwithstanding IC 4-22-2-37.1(g), Except as provided in
765-5 IC 4-22-2-37.1, an emergency rule adopted by the authority in the
766-6 manner provided by IC 4-22-2-37.1 to establish the policies and
767-7 procedures required under section 6 of this chapter and to otherwise
768-8 implement this chapter expires on the date a rule that supersedes the
769-9 emergency rule is adopted by the authority under IC 4-22-2-24 through
770-10 IC 4-22-2-36.
771-11 SECTION 21. IC 5-28-5-8, AS AMENDED BY P.L.140-2013,
772-12 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
773-13 JULY 1, 2022]: Sec. 8. (a) The corporation shall adopt rules under
774-14 IC 4-22-2 to carry out its duties under this article. The board may also
775-15 adopt emergency rules under IC 4-22-2-37.1 to carry out its duties
776-16 under this article.
777-17 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
778-18 adopted under subsection (a) expires on the expiration date stated in
779-19 the rule.
780-20 (c) An emergency rule adopted under subsection (a) may be
781-21 extended as provided in IC 4-22-2-37.1(g), IC 4-22-2-37.1(h), but the
782-22 extension period may not exceed the period for which the original rule
783-23 was in effect.
784-24 SECTION 22. IC 5-33-5-8, AS ADDED BY P.L.78-2019,
785-25 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
786-26 JULY 1, 2022]: Sec. 8. (a) The corporation shall adopt rules under
787-27 IC 4-22-2 to carry out its duties under this article. The board may also
788-28 adopt emergency rules in the manner provided under IC 4-22-2-37.1 to
789-29 carry out its duties under this article.
790-30 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
791-31 adopted under subsection (a) expires on the expiration date stated in
792-32 the rule.
793-33 (c) An emergency rule adopted under subsection (a) may be
794-34 extended as provided in IC 4-22-2-37.1(g), IC 4-22-2-37.1(h), but the
795-35 extension period may not exceed the period for which the original rule
796-36 was in effect.
797-37 SECTION 23. IC 6-8.1-16.3-9, AS ADDED BY P.L.147-2018,
798-38 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
799-39 JULY 1, 2022]: Sec. 9. The department may adopt rules under
800-40 IC 4-22-2, including emergency rules in the manner provided under
801-41 IC 4-22-2-37.1, to implement this chapter. Except as provided in
802-42 IC 4-22-2-37.1, an emergency rule implemented under this section
803-HB 1100—LS 6770/DI 125 19
804-1 expires on the earlier of the following dates:
805-2 (1) The expiration date stated in the emergency rule.
806-3 (2) The date the emergency rule is amended or repealed by a later
807-4 rule or emergency rule adopted under IC 4-22-2-24 through
808-5 IC 4-22-2-36 or in the manner provided under IC 4-22-2-37.1.
809-6 SECTION 24. IC 8-1-2-101.5, AS ADDED BY P.L.160-2020,
810-7 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
811-8 JULY 1, 2022]: Sec. 101.5. (a) This section applies to:
812-9 (1) a water main extension;
813-10 (2) a wastewater main extension; or
814-11 (3) an agreement that:
815-12 (A) is for a water main extension or a wastewater main
816-13 extension; and
817-14 (B) is entered into after June 30, 2020, by a utility and the
818-15 person requesting the extension.
819-16 (b) As used in this section, "utility" means a municipally owned
820-17 utility (as defined in IC 8-1-2-1(h)) that provides water service or
821-18 wastewater service, or both, to the public.
822-19 (c) With respect to any water main extension or wastewater main
823-20 extension, a utility shall comply with the commission's rules governing
824-21 water main extensions or wastewater main extensions, as applicable,
825-22 including:
826-23 (1) 170 IAC 6-1.5, in the case of a water main extension; or
827-24 (2) 170 IAC 8.5-4, in the case of a wastewater main extension;
828-25 as may be amended by the commission, regardless of whether the
829-26 utility is subject to the jurisdiction of the commission for the approval
830-27 of rates and charges. However, a utility is not required to comply with
831-28 any provisions in the commission's main extension rules that require
832-29 reporting to the commission.
833-30 (d) Disputes arising under this section may be submitted as informal
834-31 complaints to the commission's consumer affairs division, in
835-32 accordance with IC 8-1-2-34.5(b) and the commission's rules under 170
836-33 IAC 16, including provisions for referrals and appeals to the full
837-34 commission, regardless of whether the person requesting the extension
838-35 is a customer of the utility.
839-36 (e) The commission shall adopt by:
840-37 (1) order; or
841-38 (2) rule under IC 4-22-2;
842-39 other procedures not inconsistent with this section that the commission
843-40 determines to be reasonable or necessary to administer this section. In
844-41 adopting the rules under this section, the commission may adopt
845-42 emergency rules in the manner provided by IC 4-22-2-37.1.
846-HB 1100—LS 6770/DI 125 20
847-1 Notwithstanding IC 4-22-2-37.1(g), Except as provided in
848-2 IC 4-22-2-37.1, an emergency rule adopted by the commission under
849-3 this subsection and in the manner provided by IC 4-22-2-37.1 expires
850-4 on the date on which a rule that supersedes the emergency rule is
851-5 adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
852-6 (f) If the commission determines that it requires additional staff to
853-7 handle the volume of informal complaints submitted under this section,
854-8 the commission may impose a fee under this section. Any fee charged
855-9 by the commission under this section may:
856-10 (1) not exceed:
857-11 (A) the commission's actual costs in administering this section;
858-12 or
859-13 (B) seven hundred fifty dollars ($750);
860-14 whichever is less; and
861-15 (2) be assessed against the party against whom a decision is
862-16 rendered under this section.
863-17 SECTION 25. IC 8-1-8.5-13, AS ADDED BY P.L.60-2021,
864-18 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
865-19 JULY 1, 2022]: Sec. 13. (a) The general assembly finds that it is in the
866-20 public interest to support the reliability, availability, and diversity of
867-21 electric generating capacity in Indiana for the purpose of providing
868-22 reliable and stable electric service to customers of public utilities.
869-23 (b) As used in this section, "appropriate regional transmission
870-24 organization", with respect to a public utility, refers to the regional
871-25 transmission organization approved by the Federal Energy Regulatory
872-26 Commission for the control area that includes the public utility's
873-27 assigned service area (as defined in IC 8-1-2.3-2).
874-28 (c) As used in this section, "MISO" refers to the regional
875-29 transmission organization known as the Midcontinent Independent
876-30 System Operator that operates the bulk power transmission system
877-31 serving most of the geographic territory in Indiana.
878-32 (d) As used in this section, "planning reserve margin requirement",
879-33 with respect to a public utility for a particular resource planning year,
880-34 means the planning reserve margin requirement for that planning year
881-35 that the public utility is obligated to meet in accordance with the public
882-36 utility's membership in the appropriate regional transmission
883-37 organization.
884-38 (e) As used in this section, "reliability adequacy metrics", with
885-39 respect to a public utility, means calculations used to demonstrate both
886-40 of the following:
887-41 (1) That the public utility:
888-42 (A) has in place sufficient summer UCAP; or
889-HB 1100—LS 6770/DI 125 21
890-1 (B) can reasonably acquire not more than thirty percent (30%)
891-2 of its total summer UCAP from capacity markets, such that it
892-3 will have sufficient summer UCAP;
893-4 to provide reliable electric service to Indiana customers, and to
894-5 meet its planning reserve margin requirement and other federal
895-6 reliability requirements described in subsection (i)(4).
896-7 (2) That the public utility:
897-8 (A) has in place sufficient winter UCAP; or
898-9 (B) can reasonably acquire not more than thirty percent (30%)
899-10 of its total winter UCAP from capacity markets, such that it
900-11 will have sufficient winter UCAP;
901-12 to provide reliable electric service to Indiana customers, and to
902-13 meet its planning reserve margin requirement and other federal
903-14 reliability requirements described in subsection (i)(4).
904-15 For purposes of this subsection, "capacity markets" means the auctions
905-16 conducted by an appropriate regional transmission organization to
906-17 determine a market clearing price for capacity based on the planning
907-18 reserve margin requirements established by the appropriate regional
908-19 transmission organization.
909-20 (f) As used in this section, "summer unforced capacity", or "summer
910-21 UCAP", with respect to an electric generating facility, means:
911-22 (1) the capacity value of the electric generating facility's installed
912-23 capacity rate adjusted for the electric generating facility's average
913-24 forced outage rate for the summer period, calculated as required
914-25 by the appropriate regional transmission organization or by the
915-26 Federal Energy Regulatory Commission; or
916-27 (2) a metric that is similar to the metric described in subdivision
917-28 (1) and that is required by the appropriate regional transmission
918-29 organization.
919-30 (g) As used in this section, "winter unforced capacity", or "winter
920-31 UCAP", with respect to an electric generating facility, means:
921-32 (1) the capacity value of the electric generating facility's installed
922-33 capacity rate adjusted for the electric generating facility's average
923-34 forced outage rate for the winter period, calculated as required by
924-35 the appropriate regional transmission organization or by the
925-36 Federal Energy Regulatory Commission;
926-37 (2) a metric that is similar to the metric described in subdivision
927-38 (1) and that is required by the appropriate regional transmission
928-39 organization; or
929-40 (3) if the appropriate regional transmission organization does not
930-41 require a metric described in subdivision (1) or (2), a metric that:
931-42 (A) can be used to demonstrate that a public utility has
932-HB 1100—LS 6770/DI 125 22
933-1 sufficient capacity to:
934-2 (i) provide reliable electric service to Indiana customers for
935-3 the winter period; and
936-4 (ii) meet its planning reserve margin requirement and other
937-5 federal reliability requirements described in subsection
938-6 (i)(4); and
939-7 (B) is acceptable to the commission.
940-8 (h) A public utility that owns and operates an electric generating
941-9 facility serving customers in Indiana shall operate and maintain the
942-10 facility using good utility practices and in a manner:
943-11 (1) reasonably intended to support the provision of reliable and
944-12 economic electric service to customers of the public utility; and
945-13 (2) reasonably consistent with the resource reliability
946-14 requirements of MISO or any other appropriate regional
947-15 transmission organization.
948-16 (i) Not later than thirty (30) days after the deadline for submitting
949-17 an annual planning reserve margin report to MISO, each public utility
950-18 providing electric service to Indiana customers shall, regardless of
951-19 whether the public utility is required to submit an annual planning
952-20 reserve margin report to MISO, file with the commission a report, in a
953-21 form specified by the commission, that provides the following
954-22 information for each of the next three (3) resource planning years,
955-23 beginning with the planning year covered by the planning reserve
956-24 margin report to MISO described in this subsection:
957-25 (1) The:
958-26 (A) capacity;
959-27 (B) location; and
960-28 (C) fuel source;
961-29 for each electric generating facility that is owned and operated by
962-30 the electric utility and that will be used to provide electric service
963-31 to Indiana customers.
964-32 (2) The amount of generating resource capacity or energy, or
965-33 both, that the public utility has procured under contract and that
966-34 will be used to provide electric service to Indiana customers,
967-35 including the:
968-36 (A) capacity;
969-37 (B) location; and
970-38 (C) fuel source;
971-39 for each electric generating facility that will supply capacity or
972-40 energy under the contract, to the extent known by the public
973-41 utility.
974-42 (3) The amount of demand response resources available to the
975-HB 1100—LS 6770/DI 125 23
976-1 public utility under contracts and tariffs.
977-2 (4) The following:
978-3 (A) The planning reserve margin requirements established by
979-4 MISO for the planning years covered by the report, to the
980-5 extent known by the public utility with respect to any
981-6 particular planning year covered by the report.
982-7 (B) If applicable, any other planning reserve margin
983-8 requirement that:
984-9 (i) applies to the planning years covered by the report; and
985-10 (ii) the public utility is obligated to meet in accordance with
986-11 the public utility's membership in an appropriate regional
987-12 transmission organization;
988-13 to the extent known by the public utility with respect to any
989-14 particular planning year covered by the report.
990-15 (C) Other federal reliability requirements that the public utility
991-16 is obligated to meet in accordance with its membership in an
992-17 appropriate regional transmission organization with respect to
993-18 the planning years covered by the report, to the extent known
994-19 by the public utility with respect to any particular planning
995-20 year covered by the report.
996-21 For each planning reserve margin requirement reported under
997-22 clause (A) or (B), the public utility shall include a comparison of
998-23 that planning reserve margin requirement to the planning reserve
999-24 margin requirement established by the same regional transmission
1000-25 organization for the 2021-2022 planning year.
1001-26 (5) The reliability adequacy metrics of the public utility, as
1002-27 forecasted for the three (3) planning years covered by the report.
1003-28 (j) Upon request by a public utility, the commission shall determine
1004-29 whether information provided in a report filed by the public utility
1005-30 under subsection (i):
1006-31 (1) is confidential under IC 5-14-3-4 or is a trade secret under
1007-32 IC 24-2-3;
1008-33 (2) is exempt from public access and disclosure by Indiana law;
1009-34 and
1010-35 (3) shall be treated as confidential and protected from public
1011-36 access and disclosure by the commission.
1012-37 (k) A joint agency created under IC 8-1-2.2 may file the report
1013-38 required under subsection (i) as a consolidated report on behalf of any
1014-39 or all of the municipally owned utilities that make up its membership.
1015-40 (l) A:
1016-41 (1) corporation organized under IC 23-17 that is an electric
1017-42 cooperative and that has at least one (1) member that is a
1018-HB 1100—LS 6770/DI 125 24
1019-1 corporation organized under IC 8-1-13; or
1020-2 (2) general district corporation within the meaning of
1021-3 IC 8-1-13-23;
1022-4 may file the report required under subsection (i) as a consolidated
1023-5 report on behalf of any or all of the cooperatively owned electric
1024-6 utilities that it serves.
1025-7 (m) In reviewing a report filed by a public utility under subsection
1026-8 (i), the commission may request technical assistance from MISO or any
1027-9 other appropriate regional transmission organization in determining:
1028-10 (1) the planning reserve margin requirements or other federal
1029-11 reliability requirement that the public utility is obligated to meet,
1030-12 as described in subsection (i)(4); and
1031-13 (2) whether the resources available to the public utility under
1032-14 subsections subsection (i)(1) through (i)(3) will be adequate to
1033-15 support the provision of reliable electric service to the public
1034-16 utility's Indiana customers.
1035-17 (n) If, after reviewing a report filed by a public utility under
1036-18 subsection (i), the commission is not satisfied that the public utility
1037-19 can:
1038-20 (1) provide reliable electric service to the public utility's Indiana
1039-21 customers; or
1040-22 (2) meet its planning reserve margin requirement or other federal
1041-23 reliability requirements that the public utility is obligated to meet,
1042-24 as described in subsection (i)(4);
1043-25 during one (1) more of the planning years covered by the report, the
1044-26 commission may conduct an investigation under IC 8-1-2-58 and
1045-27 IC 8-1-2-59 as to the reasons for the public utility's potential inability
1046-28 to meet the requirements described in subdivision (1) or (2), or both.
1047-29 (o) If, upon investigation under IC 8-1-2-58 and IC 8-1-2-59, and
1048-30 after notice and hearing, as required by IC 8-1-2-59, the commission
1049-31 determines that the capacity resources available to the public utility
1050-32 under subsections subsection (i)(1) through (i)(3) will not be adequate
1051-33 to support the provision of reliable electric service to the public utility's
1052-34 Indiana customers, or to allow the public utility to meet its planning
1053-35 reserve margin requirements or other federal reliability requirements
1054-36 that the public utility is obligated to meet (as described in subsection
1055-37 (i)(4)), the commission shall issue an order directing the public utility
1056-38 to acquire or construct such capacity resources that are reasonable and
1057-39 necessary to enable the public utility to provide reliable electric service
1058-40 to its Indiana customers, and to meet its planning reserve margin
1059-41 requirements or other federal reliability requirements described in
1060-42 subsection (i)(4). Not later than ninety (90) days after the date of the
1061-HB 1100—LS 6770/DI 125 25
1062-1 commission's order under this subsection, the public utility shall file for
1063-2 approval with the commission a plan to comply with the commission's
1064-3 order. The public utility's plan may include:
1065-4 (1) a request for a certificate of public convenience and necessity
1066-5 under this chapter; or
1067-6 (2) an application under IC 8-1-8.8;
1068-7 or both.
1069-8 (p) Beginning in 2022, the commission shall before November 1 of
1070-9 each year submit to the governor and to the interim study committee on
1071-10 energy, utilities, and telecommunications established by
1072-11 IC 2-5-1.3-4(8) a report that includes the following:
1073-12 (1) The commission's analysis regarding the ability of public
1074-13 utilities to:
1075-14 (A) provide reliable electric service to Indiana customers; and
1076-15 (B) meet their planning reserve margin requirements or other
1077-16 federal reliability requirements;
1078-17 for the next three (3) utility resource planning years, based on the
1079-18 most recent reports filed by public utilities under subsection (i).
1080-19 (2) A summary of:
1081-20 (A) the projected demand for retail electricity in Indiana over
1082-21 the next calendar year; and
1083-22 (B) the amount and type of capacity resources committed to
1084-23 meeting the projected demand.
1085-24 In preparing the summary required under this subdivision, the
1086-25 commission may consult with the forecasting group established
1087-26 under section 3.5 of this chapter.
1088-27 A report under this subsection to the interim study committee on
1089-28 energy, utilities, and telecommunications established by
1090-29 IC 2-5-1.3-4(8) must be in an electronic format under IC 5-14-6.
1091-30 (q) The commission may adopt rules under IC 4-22-2 to implement
1092-31 this section. In adopting rules to implement this section, the
1093-32 commission may adopt emergency rules in the manner provided by
1094-33 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
1095-34 provided in IC 4-22-2-37.1, an emergency rule adopted by the
1096-35 commission under this subsection and in the manner provided by
1097-36 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
1098-37 emergency rule is adopted by the commission under IC 4-22-2-24
1099-38 through IC 4-22-2-36.
1100-39 SECTION 26. IC 8-1-26-18.5, AS ADDED BY P.L.46-2020,
1101-40 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1102-41 JULY 1, 2022]: Sec. 18.5. (a) This section applies to any new or
1103-42 replacement underground facility that an operator installs or causes to
1104-HB 1100—LS 6770/DI 125 26
1105-1 be installed after June 30, 2020, in any public right-of-way or on any
1106-2 private property.
1107-3 (b) Subject to any other applicable federal or state laws or
1108-4 regulations, for any new or replacement underground facility that an
1109-5 operator installs or causes to be installed, the operator shall ensure that:
1110-6 (1) the materials from which the facility is constructed are capable
1111-7 of being detected from above ground level using standard
1112-8 equipment and technologies used by the utility locating industry,
1113-9 such as electromagnetic locating equipment and electromagnetic
1114-10 induction surveys; or
1115-11 (2) if the materials from which the facility is constructed are not
1116-12 capable of being detected from above ground level using standard
1117-13 locating techniques, as described in subdivision (1), the facility is:
1118-14 (A) encased by conductive material; or
1119-15 (B) equipped with an electrically conducting wire or other
1120-16 means of locating the facility while it is underground.
1121-17 (c) The commission may adopt rules under IC 4-22-2 to implement
1122-18 this section, including emergency rules in the manner provided under
1123-19 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
1124-20 provided in IC 4-22-2-37.1, an emergency rule adopted by the
1125-21 commission under this subsection and in the manner provided under
1126-22 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
1127-23 emergency rule is adopted by the commission under IC 4-22-2-24
1128-24 through IC 4-22-2-36.
1129-25 SECTION 27. IC 8-1-34-24.5, AS AMENDED BY P.L.53-2014,
1130-26 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1131-27 JULY 1, 2022]: Sec. 24.5. (a) This section applies to any unit that
1132-28 receives franchise fees paid to the unit under:
1133-29 (1) a certificate issued by the commission under this chapter; or
1134-30 (2) an unexpired local franchise issued by the unit before July 1,
1135-31 2006;
1136-32 with respect to a particular calendar year.
1137-33 (b) For each calendar year, beginning with the calendar year ending
1138-34 December 31, 2012, each unit to which this section applies shall
1139-35 submit to the commission, on a form or in the manner prescribed by the
1140-36 commission, a report that includes the following information for each
1141-37 certificate or local franchise in effect in the unit during the calendar
1142-38 year for which the report is submitted:
1143-39 (1) The amount of franchise fees paid to the unit under the
1144-40 certificate or local franchise.
1145-41 (2) The account of the unit into which the franchise fees identified
1146-42 under subdivision (1) were deposited.
1143+37 JULY 1, 2022]: Sec. 18.5. (a) This section applies to any new or
1144+38 replacement underground facility that an operator installs or causes to
1145+39 be installed after June 30, 2020, in any public right-of-way or on any
1146+40 private property.
1147+41 (b) Subject to any other applicable federal or state laws or
1148+42 regulations, for any new or replacement underground facility that an
11471149 HB 1100—LS 6770/DI 125 27
1148-1 (3) The purposes for which any franchise fees received by the unit
1149-2 during:
1150-3 (A) the calendar year for which the report is submitted; or
1151-4 (B) a previous calendar year;
1152-5 were used or spent by the unit during the calendar year for which
1153-6 the report is submitted.
1154-7 (4) Any other information or data concerning the receipt and use
1155-8 of franchise fees that the commission considers appropriate.
1156-9 (c) The commission shall prescribe the form of the report and the
1157-10 process, deadlines, and other requirements for submitting the report
1158-11 required under this section.
1159-12 (d) Upon receiving the annual reports required under this section,
1160-13 the commission shall compile and organize the data and information
1161-14 contained in the reports. The commission shall include a summary of
1162-15 the data and information contained in the reports in the commission's
1163-16 annual report on the communications industry provided, under
1164-17 IC 8-1-2.6-4, to the interim study committee on energy, utilities, and
1165-18 telecommunications established by IC 2-5-1.3-4 in an electronic format
1166-19 under IC 5-14-6. However, this subsection does not empower the
1167-20 commission to disclose confidential and proprietary business plans and
1168-21 other confidential information without adequate protection of the
1169-22 information. The commission shall exercise all necessary caution to
1170-23 avoid disclosure of confidential information supplied under this
1171-24 section.
1172-25 (e) The commission may adopt rules under IC 4-22-2, including
1173-26 emergency rules under IC 4-22-2-37.1, to implement this section.
1174-27 Except as provided in IC 4-22-2-37.1, an emergency rule adopted by
1175-28 the commission under IC 4-22-2-37.1 expires on the date a rule that
1176-29 supersedes the emergency rule is adopted by the commission under
1177-30 IC 4-22-2-24 through IC 4-22-2-36. and not ninety (90) days after the
1178-31 rule is accepted for filing as provided in IC 4-22-2-37.1(g). However,
1179-32 any emergency rules adopted by the commission under this subsection
1180-33 must take effect by a date that enables a unit subject to this section to
1181-34 comply with this section with respect to the calendar year ending
1182-35 December 31, 2012.
1183-36 SECTION 28. IC 8-1-37-10, AS ADDED BY P.L.150-2011,
1184-37 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1185-38 JULY 1, 2022]: Sec. 10. (a) Subject to subsection (d), the commission
1186-39 shall adopt rules under IC 4-22-2 to establish the Indiana voluntary
1187-40 clean energy portfolio standard program. The program established
1188-41 under this section must be a voluntary program that provides incentives
1189-42 to participating electricity suppliers that undertake to supply specified
1150+1 operator installs or causes to be installed, the operator shall ensure that:
1151+2 (1) the materials from which the facility is constructed are capable
1152+3 of being detected from above ground level using standard
1153+4 equipment and technologies used by the utility locating industry,
1154+5 such as electromagnetic locating equipment and electromagnetic
1155+6 induction surveys; or
1156+7 (2) if the materials from which the facility is constructed are not
1157+8 capable of being detected from above ground level using standard
1158+9 locating techniques, as described in subdivision (1), the facility is:
1159+10 (A) encased by conductive material; or
1160+11 (B) equipped with an electrically conducting wire or other
1161+12 means of locating the facility while it is underground.
1162+13 (c) The commission may adopt rules under IC 4-22-2 to implement
1163+14 this section, including emergency rules in the manner provided under
1164+15 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
1165+16 provided in IC 4-22-2-37.1, an emergency rule adopted by the
1166+17 commission under this subsection and in the manner provided under
1167+18 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
1168+19 emergency rule is adopted by the commission under IC 4-22-2-24
1169+20 through IC 4-22-2-36.
1170+21 SECTION 28. IC 8-1-34-24.5, AS AMENDED BY P.L.53-2014,
1171+22 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1172+23 JULY 1, 2022]: Sec. 24.5. (a) This section applies to any unit that
1173+24 receives franchise fees paid to the unit under:
1174+25 (1) a certificate issued by the commission under this chapter; or
1175+26 (2) an unexpired local franchise issued by the unit before July 1,
1176+27 2006;
1177+28 with respect to a particular calendar year.
1178+29 (b) For each calendar year, beginning with the calendar year ending
1179+30 December 31, 2012, each unit to which this section applies shall
1180+31 submit to the commission, on a form or in the manner prescribed by the
1181+32 commission, a report that includes the following information for each
1182+33 certificate or local franchise in effect in the unit during the calendar
1183+34 year for which the report is submitted:
1184+35 (1) The amount of franchise fees paid to the unit under the
1185+36 certificate or local franchise.
1186+37 (2) The account of the unit into which the franchise fees identified
1187+38 under subdivision (1) were deposited.
1188+39 (3) The purposes for which any franchise fees received by the unit
1189+40 during:
1190+41 (A) the calendar year for which the report is submitted; or
1191+42 (B) a previous calendar year;
11901192 HB 1100—LS 6770/DI 125 28
1191-1 percentages of the total electricity supplied to their Indiana retail
1192-2 electric customers from clean energy.
1193-3 (b) The rules adopted by the commission under this section to
1194-4 establish the program must:
1195-5 (1) incorporate:
1196-6 (A) the CPS goals set forth in section 12(a) of this chapter;
1197-7 (B) methods for measuring and evaluating a participating
1198-8 electricity supplier's compliance with the CPS goals set forth
1199-9 in section 12(a) of this chapter;
1200-10 (C) the financial incentives and periodic rate adjustment
1201-11 mechanisms set forth in section 13 of this chapter; and
1202-12 (D) the reporting requirements set forth in section 14 of this
1203-13 chapter;
1204-14 (2) require the commission to determine, before approving an
1205-15 application under section 11 of this chapter, that the approval of
1206-16 the application will not result in an increase to the retail rates and
1207-17 charges of the electricity supplier above what could reasonably be
1208-18 expected if the application were not approved;
1209-19 (3) take effect not later than January 1, 2012; and
1210-20 (4) be consistent with this chapter.
1211-21 (c) Upon the effective date of the rules adopted by the commission
1212-22 under this section, an electricity supplier may apply to the commission
1213-23 under section 11 of this chapter for approval to participate in the
1214-24 program.
1215-25 (d) The commission may adopt emergency rules under
1216-26 IC 4-22-2-37.1 to adopt the rules required by this section. Except as
1217-27 provided in IC 4-22-2-37.1, an emergency rule adopted by the
1218-28 commission under IC 4-22-2-37.1 expires on the date a rule that
1219-29 supersedes the emergency rule is adopted by the commission under
1220-30 IC 4-22-2-24 through IC 4-22-2-36.
1221-31 SECTION 29. IC 8-1-40-12, AS ADDED BY P.L.264-2017,
1193+1 were used or spent by the unit during the calendar year for which
1194+2 the report is submitted.
1195+3 (4) Any other information or data concerning the receipt and use
1196+4 of franchise fees that the commission considers appropriate.
1197+5 (c) The commission shall prescribe the form of the report and the
1198+6 process, deadlines, and other requirements for submitting the report
1199+7 required under this section.
1200+8 (d) Upon receiving the annual reports required under this section,
1201+9 the commission shall compile and organize the data and information
1202+10 contained in the reports. The commission shall include a summary of
1203+11 the data and information contained in the reports in the commission's
1204+12 annual report on the communications industry provided, under
1205+13 IC 8-1-2.6-4, to the interim study committee on energy, utilities, and
1206+14 telecommunications established by IC 2-5-1.3-4 in an electronic format
1207+15 under IC 5-14-6. However, this subsection does not empower the
1208+16 commission to disclose confidential and proprietary business plans and
1209+17 other confidential information without adequate protection of the
1210+18 information. The commission shall exercise all necessary caution to
1211+19 avoid disclosure of confidential information supplied under this
1212+20 section.
1213+21 (e) The commission may adopt rules under IC 4-22-2, including
1214+22 emergency rules under IC 4-22-2-37.1, to implement this section.
1215+23 Except as provided in IC 4-22-2-37.1, an emergency rule adopted by
1216+24 the commission under IC 4-22-2-37.1 expires on the date a rule that
1217+25 supersedes the emergency rule is adopted by the commission under
1218+26 IC 4-22-2-24 through IC 4-22-2-36. and not ninety (90) days after the
1219+27 rule is accepted for filing as provided in IC 4-22-2-37.1(g). However,
1220+28 any emergency rules adopted by the commission under this subsection
1221+29 must take effect by a date that enables a unit subject to this section to
1222+30 comply with this section with respect to the calendar year ending
1223+31 December 31, 2012.
1224+32 SECTION 29. IC 8-1-37-10, AS ADDED BY P.L.150-2011,
1225+33 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1226+34 JULY 1, 2022]: Sec. 10. (a) Subject to subsection (d), the commission
1227+35 shall adopt rules under IC 4-22-2 to establish the Indiana voluntary
1228+36 clean energy portfolio standard program. The program established
1229+37 under this section must be a voluntary program that provides incentives
1230+38 to participating electricity suppliers that undertake to supply specified
1231+39 percentages of the total electricity supplied to their Indiana retail
1232+40 electric customers from clean energy.
1233+41 (b) The rules adopted by the commission under this section to
1234+42 establish the program must:
1235+HB 1100—LS 6770/DI 125 29
1236+1 (1) incorporate:
1237+2 (A) the CPS goals set forth in section 12(a) of this chapter;
1238+3 (B) methods for measuring and evaluating a participating
1239+4 electricity supplier's compliance with the CPS goals set forth
1240+5 in section 12(a) of this chapter;
1241+6 (C) the financial incentives and periodic rate adjustment
1242+7 mechanisms set forth in section 13 of this chapter; and
1243+8 (D) the reporting requirements set forth in section 14 of this
1244+9 chapter;
1245+10 (2) require the commission to determine, before approving an
1246+11 application under section 11 of this chapter, that the approval of
1247+12 the application will not result in an increase to the retail rates and
1248+13 charges of the electricity supplier above what could reasonably be
1249+14 expected if the application were not approved;
1250+15 (3) take effect not later than January 1, 2012; and
1251+16 (4) be consistent with this chapter.
1252+17 (c) Upon the effective date of the rules adopted by the commission
1253+18 under this section, an electricity supplier may apply to the commission
1254+19 under section 11 of this chapter for approval to participate in the
1255+20 program.
1256+21 (d) The commission may adopt emergency rules under
1257+22 IC 4-22-2-37.1 to adopt the rules required by this section. Except as
1258+23 provided in IC 4-22-2-37.1, an emergency rule adopted by the
1259+24 commission under IC 4-22-2-37.1 expires on the date a rule that
1260+25 supersedes the emergency rule is adopted by the commission under
1261+26 IC 4-22-2-24 through IC 4-22-2-36.
1262+27 SECTION 30. IC 8-1-40-12, AS ADDED BY P.L.264-2017,
1263+28 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1264+29 JULY 1, 2022]: Sec. 12. (a) Before January 1, 2018, the commission
1265+30 shall amend 170 IAC 4-4.2-4, and an electricity supplier shall amend
1266+31 the electricity supplier's net metering tariff, to do the following:
1267+32 (1) Increase the allowed limit on the aggregate amount of net
1268+33 metering facility nameplate capacity under the net metering tariff
1269+34 to one and one-half percent (1.5%) of the most recent summer
1270+35 peak load of the electricity supplier.
1271+36 (2) Modify the required reservation of capacity under the limit
1272+37 described in subdivision (1) to require the reservation of:
1273+38 (A) forty percent (40%) of the capacity for participation by
1274+39 residential customers; and
1275+40 (B) fifteen percent (15%) of the capacity for participation by
1276+41 customers that install a net metering facility that uses a
1277+42 renewable energy resource described in IC 8-1-37-4(a)(5).
1278+HB 1100—LS 6770/DI 125 30
1279+1 (b) In amending 170 IAC 4-4.2-4, as required by subsection (a), the
1280+2 commission may adopt emergency rules in the manner provided by
1281+3 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
1282+4 provided in IC 4-22-2-37.1, an emergency rule adopted by the
1283+5 commission under this section and in the manner provided by
1284+6 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
1285+7 emergency rule is adopted by the commission under IC 4-22-2-24
1286+8 through IC 4-22-2-36.
1287+9 SECTION 31. IC 8-1-40-21, AS ADDED BY P.L.264-2017,
1288+10 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1289+11 JULY 1, 2022]: Sec. 21. (a) Subject to subsection (b) and sections 10
1290+12 and 11 of this chapter, after June 30, 2017, the commission's rules and
1291+13 standards set forth in:
1292+14 (1) 170 IAC 4-4.2 (concerning net metering); and
1293+15 (2) 170 IAC 4-4.3 (concerning interconnection);
1294+16 remain in effect and apply to net metering under an electricity
1295+17 supplier's net metering tariff and to distributed generation under this
1296+18 chapter.
1297+19 (b) After June 30, 2017, the commission may adopt changes under
1298+20 IC 4-22-2, including emergency rules in the manner provided by
1299+21 IC 4-22-2-37.1, to the rules and standards described in subsection (a)
1300+22 only as necessary to:
1301+23 (1) update fees or charges;
1302+24 (2) adopt revisions necessitated by new technologies; or
1303+25 (3) reflect changes in safety, performance, or reliability standards.
1304+26 Notwithstanding IC 4-22-2-37.1(g), Except as provided in
1305+27 IC 4-22-2-37.1, an emergency rule adopted by the commission under
1306+28 this subsection and in the manner provided by IC 4-22-2-37.1 expires
1307+29 on the date on which a rule that supersedes the emergency rule is
1308+30 adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
1309+31 SECTION 32. IC 8-1-40-23, AS ADDED BY P.L.264-2017,
12221310 32 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1223-33 JULY 1, 2022]: Sec. 12. (a) Before January 1, 2018, the commission
1224-34 shall amend 170 IAC 4-4.2-4, and an electricity supplier shall amend
1225-35 the electricity supplier's net metering tariff, to do the following:
1226-36 (1) Increase the allowed limit on the aggregate amount of net
1227-37 metering facility nameplate capacity under the net metering tariff
1228-38 to one and one-half percent (1.5%) of the most recent summer
1229-39 peak load of the electricity supplier.
1230-40 (2) Modify the required reservation of capacity under the limit
1231-41 described in subdivision (1) to require the reservation of:
1232-42 (A) forty percent (40%) of the capacity for participation by
1233-HB 1100—LS 6770/DI 125 29
1234-1 residential customers; and
1235-2 (B) fifteen percent (15%) of the capacity for participation by
1236-3 customers that install a net metering facility that uses a
1237-4 renewable energy resource described in IC 8-1-37-4(a)(5).
1238-5 (b) In amending 170 IAC 4-4.2-4, as required by subsection (a), the
1239-6 commission may adopt emergency rules in the manner provided by
1240-7 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
1241-8 provided in IC 4-22-2-37.1, an emergency rule adopted by the
1242-9 commission under this section and in the manner provided by
1243-10 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
1244-11 emergency rule is adopted by the commission under IC 4-22-2-24
1245-12 through IC 4-22-2-36.
1246-13 SECTION 30. IC 8-1-40-21, AS ADDED BY P.L.264-2017,
1247-14 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1248-15 JULY 1, 2022]: Sec. 21. (a) Subject to subsection (b) and sections 10
1249-16 and 11 of this chapter, after June 30, 2017, the commission's rules and
1250-17 standards set forth in:
1251-18 (1) 170 IAC 4-4.2 (concerning net metering); and
1252-19 (2) 170 IAC 4-4.3 (concerning interconnection);
1253-20 remain in effect and apply to net metering under an electricity
1254-21 supplier's net metering tariff and to distributed generation under this
1255-22 chapter.
1256-23 (b) After June 30, 2017, the commission may adopt changes under
1257-24 IC 4-22-2, including emergency rules in the manner provided by
1258-25 IC 4-22-2-37.1, to the rules and standards described in subsection (a)
1259-26 only as necessary to:
1260-27 (1) update fees or charges;
1261-28 (2) adopt revisions necessitated by new technologies; or
1262-29 (3) reflect changes in safety, performance, or reliability standards.
1263-30 Notwithstanding IC 4-22-2-37.1(g), Except as provided in
1264-31 IC 4-22-2-37.1, an emergency rule adopted by the commission under
1265-32 this subsection and in the manner provided by IC 4-22-2-37.1 expires
1266-33 on the date on which a rule that supersedes the emergency rule is
1267-34 adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
1268-35 SECTION 31. IC 8-1-40-23, AS ADDED BY P.L.264-2017,
1269-36 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1270-37 JULY 1, 2022]: Sec. 23. (a) A customer that produces distributed
1271-38 generation has the following rights regarding the installation and
1272-39 ownership of distributed generation equipment:
1273-40 (1) The right to know that the attorney general is authorized to
1274-41 enforce this section, including by receiving complaints
1275-42 concerning the installation and ownership of distributed
1276-HB 1100—LS 6770/DI 125 30
1277-1 generation equipment.
1278-2 (2) The right to know the expected amount of electricity that will
1279-3 be produced by the distributed generation equipment that the
1280-4 customer is purchasing.
1281-5 (3) The right to know all costs associated with installing
1282-6 distributed generation equipment, including any taxes for which
1283-7 the customer is liable.
1284-8 (4) The right to know the value of all federal, state, or local tax
1285-9 credits or other incentives or rebates that the customer may
1286-10 receive.
1287-11 (5) The right to know the rate at which the customer will be
1288-12 credited for electricity produced by the customer's distributed
1289-13 generation equipment and delivered to a public utility (as defined
1290-14 in IC 8-1-2-1).
1291-15 (6) The right to know if a provider of distributed generation
1292-16 equipment insures the distributed generation equipment against
1293-17 damage or loss and, if applicable, any circumstances under which
1294-18 the provider does not insure against or otherwise cover damage to
1295-19 or loss of the distributed generation equipment.
1296-20 (7) The right to know the responsibilities of a provider of
1297-21 distributed generation equipment with respect to installing or
1298-22 removing distributed generation equipment.
1299-23 (b) The attorney general, in consultation with the commission, shall
1300-24 adopt rules under IC 4-22-2 that the attorney general considers
1301-25 necessary to implement and enforce this section, including a rule
1302-26 requiring written disclosure of the rights set forth in subsection (a) by
1303-27 a provider of distributed generation equipment to a customer. In
1304-28 adopting the rules required by this subsection, the attorney general may
1305-29 adopt emergency rules in the manner provided by IC 4-22-2-37.1.
1306-30 Notwithstanding IC 4-22-2-37.1(g), Except as provided in
1307-31 IC 4-22-2-37.1, an emergency rule adopted by the attorney general
1308-32 under this subsection and in the manner provided by IC 4-22-2-37.1
1309-33 expires on the date on which a rule that supersedes the emergency rule
1310-34 is adopted by the attorney general under IC 4-22-2-24 through
1311-35 IC 4-22-2-36.
1312-36 SECTION 32. IC 8-1-40.5-19, AS ADDED BY P.L.80-2021,
1313-37 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1314-38 JULY 1, 2022]: Sec. 19. The commission shall adopt rules under
1315-39 IC 4-22-2 to implement this chapter. In adopting the rules required by
1316-40 this section, the commission may adopt emergency rules in the manner
1317-41 provided by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g),
1318-42 Except as provided in IC 4-22-2-37.1, an emergency rule adopted by
1311+33 JULY 1, 2022]: Sec. 23. (a) A customer that produces distributed
1312+34 generation has the following rights regarding the installation and
1313+35 ownership of distributed generation equipment:
1314+36 (1) The right to know that the attorney general is authorized to
1315+37 enforce this section, including by receiving complaints
1316+38 concerning the installation and ownership of distributed
1317+39 generation equipment.
1318+40 (2) The right to know the expected amount of electricity that will
1319+41 be produced by the distributed generation equipment that the
1320+42 customer is purchasing.
13191321 HB 1100—LS 6770/DI 125 31
1320-1 the commission under this section and in the manner provided by
1321-2 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
1322-3 emergency rule is adopted by the commission under IC 4-22-2-24
1323-4 through IC 4-22-2-36.
1324-5 SECTION 33. IC 8-2.1-28-5, AS ADDED BY P.L.218-2017,
1325-6 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1326-7 JULY 1, 2022]: Sec. 5. (a) The department may adopt emergency rules
1327-8 in the manner provided under IC 4-22-2-37.1 to carry out this chapter.
1328-9 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
1329-10 adopted under subsection (a) expires on the date a rule that supersedes
1330-11 the emergency rule is adopted by the department under IC 4-22-2-22.5
1331-12 through IC 4-22-2-36.
1332-13 SECTION 34. IC 8-15-2-5, AS AMENDED BY P.L.140-2013,
1333-14 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1334-15 JULY 1, 2022]: Sec. 5. The authority may do the following:
1335-16 (1) Construct, maintain, repair, police, and operate toll road
1336-17 projects (as defined in this chapter), public improvements, and
1337-18 arterial streets and roads under section 1 of this chapter and
1338-19 establish rules for the use of any such toll road project, public
1339-20 improvement, or arterial street or road.
1340-21 (2) Issue toll road revenue bonds of the state, payable solely from
1341-22 an allocation of money from the rural transportation road fund
1342-23 under IC 8-9.5-8-16 or from revenues or from the proceeds of
1343-24 bonds issued under this chapter and earnings thereon, or from all
1344-25 three (3), for the purpose of paying all or any part of the cost of
1345-26 any one (1) or more toll road projects or for the purpose of
1346-27 refunding any other toll road revenue bonds.
1347-28 (3) Establish reserves from the proceeds of the sale of bonds or
1348-29 from other funds, or both, to secure the payment of the bonds.
1349-30 (4) Fix and revise from time to time and charge and collect tolls
1350-31 for transit over each toll road project constructed by it.
1351-32 (5) Acquire in the name of the state by purchase or otherwise, on
1352-33 such terms and conditions and in such manner as it may deem
1353-34 proper, or by the exercise of the right of condemnation in the
1354-35 manner as provided by this chapter, such public or private lands,
1355-36 including public parks, playgrounds or reservations, or parts
1356-37 thereof or rights therein, rights-of-way, property, rights,
1357-38 easements, and interests, as it may deem necessary for carrying
1358-39 out the provisions of this chapter. The authority may also:
1359-40 (A) sell, transfer, and convey any such land or any interest
1360-41 therein so acquired, or any portion thereof, whether by
1361-42 purchase, condemnation, or otherwise, and whether such land
1322+1 (3) The right to know all costs associated with installing
1323+2 distributed generation equipment, including any taxes for which
1324+3 the customer is liable.
1325+4 (4) The right to know the value of all federal, state, or local tax
1326+5 credits or other incentives or rebates that the customer may
1327+6 receive.
1328+7 (5) The right to know the rate at which the customer will be
1329+8 credited for electricity produced by the customer's distributed
1330+9 generation equipment and delivered to a public utility (as defined
1331+10 in IC 8-1-2-1).
1332+11 (6) The right to know if a provider of distributed generation
1333+12 equipment insures the distributed generation equipment against
1334+13 damage or loss and, if applicable, any circumstances under which
1335+14 the provider does not insure against or otherwise cover damage to
1336+15 or loss of the distributed generation equipment.
1337+16 (7) The right to know the responsibilities of a provider of
1338+17 distributed generation equipment with respect to installing or
1339+18 removing distributed generation equipment.
1340+19 (b) The attorney general, in consultation with the commission, shall
1341+20 adopt rules under IC 4-22-2 that the attorney general considers
1342+21 necessary to implement and enforce this section, including a rule
1343+22 requiring written disclosure of the rights set forth in subsection (a) by
1344+23 a provider of distributed generation equipment to a customer. In
1345+24 adopting the rules required by this subsection, the attorney general may
1346+25 adopt emergency rules in the manner provided by IC 4-22-2-37.1.
1347+26 Notwithstanding IC 4-22-2-37.1(g), Except as provided in
1348+27 IC 4-22-2-37.1, an emergency rule adopted by the attorney general
1349+28 under this subsection and in the manner provided by IC 4-22-2-37.1
1350+29 expires on the date on which a rule that supersedes the emergency rule
1351+30 is adopted by the attorney general under IC 4-22-2-24 through
1352+31 IC 4-22-2-36.
1353+32 SECTION 33. IC 8-1-40.5-19, AS ADDED BY P.L.80-2021,
1354+33 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1355+34 JULY 1, 2022]: Sec. 19. The commission shall adopt rules under
1356+35 IC 4-22-2 to implement this chapter. In adopting the rules required by
1357+36 this section, the commission may adopt emergency rules in the manner
1358+37 provided by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g),
1359+38 Except as provided in IC 4-22-2-37.1, an emergency rule adopted by
1360+39 the commission under this section and in the manner provided by
1361+40 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
1362+41 emergency rule is adopted by the commission under IC 4-22-2-24
1363+42 through IC 4-22-2-36.
13621364 HB 1100—LS 6770/DI 125 32
1363-1 or interest therein had been public or private, when the same
1364-2 shall no longer be needed for such purposes; and
1365-3 (B) transfer and convey any such lands or interest therein as
1366-4 may be necessary or convenient for the construction and
1367-5 operation of any toll road project, or as otherwise required
1368-6 under the provisions of this chapter to a state agency or
1369-7 political subdivision.
1370-8 (6) Designate the locations and establish, limit, and control such
1371-9 points of ingress to and egress from each toll road project as may
1372-10 be necessary or desirable in the judgment of the authority to
1373-11 ensure the proper operation and maintenance of such projects, and
1374-12 to prohibit entrance to such project from any point not so
1375-13 designated. The authority shall not grant, for the operation of
1376-14 transient lodging facilities, either ingress to or egress from any
1377-15 project, including the service areas thereof on which are located
1378-16 service stations and restaurants, and including toll plazas and
1379-17 paved portions of the right-of-way. The authority shall cause to be
1380-18 erected, at its cost, at all points of ingress and egress, large and
1381-19 suitable signs facing traffic from each direction on the toll road.
1382-20 Such signs shall designate the number and other designations, if
1383-21 any, of all United States or state highways of ingress or egress, the
1384-22 names of all Indiana municipalities with a population of five
1385-23 thousand (5,000) or more within a distance of seventy-five (75)
1386-24 miles on such roads of ingress or egress, and the distance in miles
1387-25 to such designated municipalities.
1388-26 (7) Make and enter into all contracts and agreements necessary or
1389-27 incidental to the performance of its duties and the execution of its
1390-28 powers under this chapter, IC 8-9.5-8, or IC 8-15.5. When the cost
1391-29 under any such contract or agreement, other than:
1392-30 (A) a contract for compensation for personal services;
1393-31 (B) a contract with the department under IC 8-9.5-8-7;
1394-32 (C) a lease with the department under IC 8-9.5-8-8; or
1395-33 (D) a contract, a lease, or another agreement under IC 8-15.5;
1396-34 involves an expenditure of more than ten thousand dollars
1397-35 ($10,000), the authority shall make a written contract with the
1398-36 lowest and best bidder after advertisement for not less than two
1399-37 (2) consecutive weeks in a newspaper of general circulation in
1400-38 Marion County, Indiana, and in such other publications as the
1401-39 authority shall determine. Such notice shall state the general
1402-40 character of the work and the general character of the materials to
1403-41 be furnished, the place where plans and specifications therefor
1404-42 may be examined, and the time and place of receiving bids. Each
1365+1 SECTION 34. IC 8-2.1-28-5, AS ADDED BY P.L.218-2017,
1366+2 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1367+3 JULY 1, 2022]: Sec. 5. (a) The department may adopt emergency rules
1368+4 in the manner provided under IC 4-22-2-37.1 to carry out this chapter.
1369+5 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
1370+6 adopted under subsection (a) expires on the date a rule that supersedes
1371+7 the emergency rule is adopted by the department under IC 4-22-2-22.5
1372+8 through IC 4-22-2-36.
1373+9 SECTION 35. IC 8-15-2-5, AS AMENDED BY P.L.140-2013,
1374+10 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1375+11 JULY 1, 2022]: Sec. 5. The authority may do the following:
1376+12 (1) Construct, maintain, repair, police, and operate toll road
1377+13 projects (as defined in this chapter), public improvements, and
1378+14 arterial streets and roads under section 1 of this chapter and
1379+15 establish rules for the use of any such toll road project, public
1380+16 improvement, or arterial street or road.
1381+17 (2) Issue toll road revenue bonds of the state, payable solely from
1382+18 an allocation of money from the rural transportation road fund
1383+19 under IC 8-9.5-8-16 or from revenues or from the proceeds of
1384+20 bonds issued under this chapter and earnings thereon, or from all
1385+21 three (3), for the purpose of paying all or any part of the cost of
1386+22 any one (1) or more toll road projects or for the purpose of
1387+23 refunding any other toll road revenue bonds.
1388+24 (3) Establish reserves from the proceeds of the sale of bonds or
1389+25 from other funds, or both, to secure the payment of the bonds.
1390+26 (4) Fix and revise from time to time and charge and collect tolls
1391+27 for transit over each toll road project constructed by it.
1392+28 (5) Acquire in the name of the state by purchase or otherwise, on
1393+29 such terms and conditions and in such manner as it may deem
1394+30 proper, or by the exercise of the right of condemnation in the
1395+31 manner as provided by this chapter, such public or private lands,
1396+32 including public parks, playgrounds or reservations, or parts
1397+33 thereof or rights therein, rights-of-way, property, rights,
1398+34 easements, and interests, as it may deem necessary for carrying
1399+35 out the provisions of this chapter. The authority may also:
1400+36 (A) sell, transfer, and convey any such land or any interest
1401+37 therein so acquired, or any portion thereof, whether by
1402+38 purchase, condemnation, or otherwise, and whether such land
1403+39 or interest therein had been public or private, when the same
1404+40 shall no longer be needed for such purposes; and
1405+41 (B) transfer and convey any such lands or interest therein as
1406+42 may be necessary or convenient for the construction and
14051407 HB 1100—LS 6770/DI 125 33
1406-1 bid shall contain the full name of every person or company
1407-2 interested in it and shall be accompanied by a sufficient bond or
1408-3 certified check on a solvent bank that if the bid is accepted a
1409-4 contract will be entered into and the performance of its proposal
1410-5 secured. The authority may reject any and all bids. A bond with
1411-6 good and sufficient surety shall be required by the authority of all
1412-7 contractors in an amount equal to at least fifty percent (50%) of
1413-8 the contract price, conditioned upon the faithful performance of
1414-9 the contract. The authority shall require a bid, performance, and
1415-10 payment bond from a contractor for a project if the estimated cost
1416-11 of the project is more than two hundred thousand dollars
1417-12 ($200,000). The authority may require a bid, performance, or
1418-13 payment bond from a contractor for a project if the estimated cost
1419-14 of the project is not more than two hundred thousand dollars
1420-15 ($200,000).
1421-16 (8) Employ consulting engineers, superintendents, managers, and
1422-17 such other engineers, construction and accounting experts, bond
1423-18 counsel, other attorneys with the approval of the attorney general,
1424-19 and other employees and agents as may be necessary in its
1425-20 judgment to carry out the provisions of this chapter, and to fix
1426-21 their compensation. However, all such expenses shall be payable
1427-22 solely from the proceeds of toll road revenue bonds issued under
1428-23 the provisions of this chapter or from revenues.
1429-24 (9) Receive and accept from any federal agency, subject to
1430-25 IC 8-23-3, grants for or in aid of the construction of any toll road
1431-26 project, and receive and accept aid or contributions from any
1432-27 source of either money, property, labor, or other things of value,
1433-28 to be held, used, and applied only for the purposes for which such
1434-29 grants and contributions may be made, and repay any grant to the
1435-30 authority or to the department from a federal agency if such
1436-31 repayment is necessary to free the authority from restrictions
1437-32 which the authority determines to be in the public interest to
1438-33 remove.
1439-34 (10) Establish fees, charges, terms, or conditions for any
1440-35 expenditures, loans, or other form of financial participation in
1441-36 projects authorized as public improvements on arterial streets and
1442-37 roads under section 1 of this chapter.
1443-38 (11) Accept gifts, devises, bequests, grants, loans, appropriations,
1444-39 revenue sharing, other financing and assistance, and any other aid
1445-40 from any source and agree to and comply with conditions attached
1446-41 to the aid.
1447-42 (12) Accept transfer of a state highway to the authority under
1408+1 operation of any toll road project, or as otherwise required
1409+2 under the provisions of this chapter to a state agency or
1410+3 political subdivision.
1411+4 (6) Designate the locations and establish, limit, and control such
1412+5 points of ingress to and egress from each toll road project as may
1413+6 be necessary or desirable in the judgment of the authority to
1414+7 ensure the proper operation and maintenance of such projects, and
1415+8 to prohibit entrance to such project from any point not so
1416+9 designated. The authority shall not grant, for the operation of
1417+10 transient lodging facilities, either ingress to or egress from any
1418+11 project, including the service areas thereof on which are located
1419+12 service stations and restaurants, and including toll plazas and
1420+13 paved portions of the right-of-way. The authority shall cause to be
1421+14 erected, at its cost, at all points of ingress and egress, large and
1422+15 suitable signs facing traffic from each direction on the toll road.
1423+16 Such signs shall designate the number and other designations, if
1424+17 any, of all United States or state highways of ingress or egress, the
1425+18 names of all Indiana municipalities with a population of five
1426+19 thousand (5,000) or more within a distance of seventy-five (75)
1427+20 miles on such roads of ingress or egress, and the distance in miles
1428+21 to such designated municipalities.
1429+22 (7) Make and enter into all contracts and agreements necessary or
1430+23 incidental to the performance of its duties and the execution of its
1431+24 powers under this chapter, IC 8-9.5-8, or IC 8-15.5. When the cost
1432+25 under any such contract or agreement, other than:
1433+26 (A) a contract for compensation for personal services;
1434+27 (B) a contract with the department under IC 8-9.5-8-7;
1435+28 (C) a lease with the department under IC 8-9.5-8-8; or
1436+29 (D) a contract, a lease, or another agreement under IC 8-15.5;
1437+30 involves an expenditure of more than ten thousand dollars
1438+31 ($10,000), the authority shall make a written contract with the
1439+32 lowest and best bidder after advertisement for not less than two
1440+33 (2) consecutive weeks in a newspaper of general circulation in
1441+34 Marion County, Indiana, and in such other publications as the
1442+35 authority shall determine. Such notice shall state the general
1443+36 character of the work and the general character of the materials to
1444+37 be furnished, the place where plans and specifications therefor
1445+38 may be examined, and the time and place of receiving bids. Each
1446+39 bid shall contain the full name of every person or company
1447+40 interested in it and shall be accompanied by a sufficient bond or
1448+41 certified check on a solvent bank that if the bid is accepted a
1449+42 contract will be entered into and the performance of its proposal
14481450 HB 1100—LS 6770/DI 125 34
1449-1 IC 8-23-7-23 and pay the cost of conversion of the state highway
1450-2 to a toll road project.
1451-3 (13) Enter into contracts or leases with the department under
1452-4 IC 8-9.5-8-7 or IC 8-9.5-8-8 and in connection with the contracts
1453-5 or leases agree with the department for coordination of the
1454-6 operation and the repair and maintenance of toll road projects and
1455-7 tollways which are contiguous parts of the same public road,
1456-8 including joint toll collection facilities and equitable division of
1457-9 tolls.
1458-10 (14) Enter into public-private agreements under IC 8-15.5 and do
1459-11 all acts and things necessary or proper to carry out the purposes
1460-12 set forth in IC 8-15.5.
1461-13 (15) Adopt rules under IC 4-22-2-37.1 to make changes to rules
1462-14 related to a toll road project to accommodate the provisions of a
1463-15 public-private agreement under IC 8-15.5. Except as provided in
1464-16 IC 4-22-2-37.1, a rule adopted under this subdivision expires on
1465-17 the expiration date stated in the rule.
1466-18 (16) Do all acts and things necessary or proper to carry out this
1467-19 chapter.
1468-20 SECTION 35. IC 8-15-2-14, AS AMENDED BY P.L.140-2013,
1469-21 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1470-22 JULY 1, 2022]: Sec. 14. (a) The authority may do the following:
1471-23 (1) Fix, revise, charge, and collect tolls for the use of each toll
1472-24 road project by any person, partnership, association, limited
1473-25 liability company, or corporation desiring the use of any part
1474-26 thereof, including the right-of-way adjoining the paved portion
1475-27 and for placing thereon telephone, telegraph, electric light, or
1476-28 power lines.
1477-29 (2) Fix the terms, conditions, and rates of charge for such use,
1478-30 including assessments for the failure to pay required tolls, subject,
1479-31 however, to the state's police power.
1480-32 (3) Collect tolls, user fees, or other charges through manual or
1481-33 nonmanual methods, including, but not limited to, automatic
1482-34 vehicle identification systems, electronic toll collection systems,
1483-35 and, to the extent permitted by law, including rules adopted by the
1484-36 authority under IC 8-15-2-17.2(a)(10), section 17.2(a)(10) of this
1485-37 chapter, global positioning systems and photo or video based toll
1486-38 collection or toll collection enforcement systems.
1487-39 (4) Adopt rules under IC 4-22-2-37.1 authorizing the use of and
1488-40 establishing procedures for the implementation of the collection
1489-41 of user fees by electronic or other nonmanual means under
1490-42 subdivision (3). Except as provided in IC 4-22-2-37.1, a rule
1451+1 secured. The authority may reject any and all bids. A bond with
1452+2 good and sufficient surety shall be required by the authority of all
1453+3 contractors in an amount equal to at least fifty percent (50%) of
1454+4 the contract price, conditioned upon the faithful performance of
1455+5 the contract. The authority shall require a bid, performance, and
1456+6 payment bond from a contractor for a project if the estimated cost
1457+7 of the project is more than two hundred thousand dollars
1458+8 ($200,000). The authority may require a bid, performance, or
1459+9 payment bond from a contractor for a project if the estimated cost
1460+10 of the project is not more than two hundred thousand dollars
1461+11 ($200,000).
1462+12 (8) Employ consulting engineers, superintendents, managers, and
1463+13 such other engineers, construction and accounting experts, bond
1464+14 counsel, other attorneys with the approval of the attorney general,
1465+15 and other employees and agents as may be necessary in its
1466+16 judgment to carry out the provisions of this chapter, and to fix
1467+17 their compensation. However, all such expenses shall be payable
1468+18 solely from the proceeds of toll road revenue bonds issued under
1469+19 the provisions of this chapter or from revenues.
1470+20 (9) Receive and accept from any federal agency, subject to
1471+21 IC 8-23-3, grants for or in aid of the construction of any toll road
1472+22 project, and receive and accept aid or contributions from any
1473+23 source of either money, property, labor, or other things of value,
1474+24 to be held, used, and applied only for the purposes for which such
1475+25 grants and contributions may be made, and repay any grant to the
1476+26 authority or to the department from a federal agency if such
1477+27 repayment is necessary to free the authority from restrictions
1478+28 which the authority determines to be in the public interest to
1479+29 remove.
1480+30 (10) Establish fees, charges, terms, or conditions for any
1481+31 expenditures, loans, or other form of financial participation in
1482+32 projects authorized as public improvements on arterial streets and
1483+33 roads under section 1 of this chapter.
1484+34 (11) Accept gifts, devises, bequests, grants, loans, appropriations,
1485+35 revenue sharing, other financing and assistance, and any other aid
1486+36 from any source and agree to and comply with conditions attached
1487+37 to the aid.
1488+38 (12) Accept transfer of a state highway to the authority under
1489+39 IC 8-23-7-23 and pay the cost of conversion of the state highway
1490+40 to a toll road project.
1491+41 (13) Enter into contracts or leases with the department under
1492+42 IC 8-9.5-8-7 or IC 8-9.5-8-8 and in connection with the contracts
14911493 HB 1100—LS 6770/DI 125 35
1492-1 adopted under this subdivision expires on the expiration date
1493-2 stated by the authority in the rule.
1494-3 (b) Notwithstanding subsection (a), no toll or charge shall be made
1495-4 by the authority under this section or under a public-private agreement
1496-5 entered into under IC 8-15.5 for:
1497-6 (1) the operation of temporary lodging facilities located upon or
1498-7 adjacent to any project, nor may the authority itself operate or
1499-8 gratuitously permit the operation of such temporary lodging
1500-9 facilities by other persons without any toll or charge; or
1501-10 (2) placing in, on, along, over, or under such project, such
1502-11 telephone, telegraph, electric light or power lines, equipment, or
1503-12 facilities as may be necessary to serve establishments located on
1504-13 the project or as may be necessary to interconnect any public
1505-14 utility facilities on one (1) side of the toll road project with those
1506-15 on the other side.
1507-16 (c) All contracts executed by the authority shall be preserved in the
1508-17 principal office of the authority.
1509-18 (d) In the case of a toll road project that is not leased to the
1510-19 department under IC 8-9.5-8-7, the tolls shall be fixed and adjusted for
1511-20 each toll road project so that the aggregate of the tolls from the project,
1512-21 together with other revenues that are available to the authority without
1513-22 prior restriction or encumbrance, will at least be adequate to pay:
1514-23 (1) the cost of operating, maintaining, and repairing the toll road
1515-24 project, including major repairs, replacements, and
1516-25 improvements;
1517-26 (2) the principal of and the interest on bonds issued in connection
1518-27 with the toll road project, as the principal and interest becomes
1519-28 due and payable, including any reserve or sinking fund required
1520-29 for the project; and
1521-30 (3) the payment of principal of and interest on toll road bonds
1522-31 issued by the authority in connection with any other toll road
1523-32 project, including any reserve or sinking fund required for the
1524-33 project, but only to the extent that the authority provides by
1525-34 resolution and subject to the provisions of any trust agreement
1526-35 relating to the project.
1527-36 (e) Not less than one (1) year before the date that final payment of
1528-37 all such bonds, interest, and reimbursement is expected by the
1529-38 chairman of the authority to be completed, the chairman shall notify the
1530-39 state budget committee in writing of the expected date of final
1531-40 payment.
1532-41 (f) Such tolls shall not be subject to supervision or regulation by any
1533-42 other commission, board, bureau, or agency of the state.
1494+1 or leases agree with the department for coordination of the
1495+2 operation and the repair and maintenance of toll road projects and
1496+3 tollways which are contiguous parts of the same public road,
1497+4 including joint toll collection facilities and equitable division of
1498+5 tolls.
1499+6 (14) Enter into public-private agreements under IC 8-15.5 and do
1500+7 all acts and things necessary or proper to carry out the purposes
1501+8 set forth in IC 8-15.5.
1502+9 (15) Adopt rules under IC 4-22-2-37.1 to make changes to rules
1503+10 related to a toll road project to accommodate the provisions of a
1504+11 public-private agreement under IC 8-15.5. Except as provided in
1505+12 IC 4-22-2-37.1, a rule adopted under this subdivision expires on
1506+13 the expiration date stated in the rule.
1507+14 (16) Do all acts and things necessary or proper to carry out this
1508+15 chapter.
1509+16 SECTION 36. IC 8-15-2-14, AS AMENDED BY P.L.140-2013,
1510+17 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1511+18 JULY 1, 2022]: Sec. 14. (a) The authority may do the following:
1512+19 (1) Fix, revise, charge, and collect tolls for the use of each toll
1513+20 road project by any person, partnership, association, limited
1514+21 liability company, or corporation desiring the use of any part
1515+22 thereof, including the right-of-way adjoining the paved portion
1516+23 and for placing thereon telephone, telegraph, electric light, or
1517+24 power lines.
1518+25 (2) Fix the terms, conditions, and rates of charge for such use,
1519+26 including assessments for the failure to pay required tolls, subject,
1520+27 however, to the state's police power.
1521+28 (3) Collect tolls, user fees, or other charges through manual or
1522+29 nonmanual methods, including, but not limited to, automatic
1523+30 vehicle identification systems, electronic toll collection systems,
1524+31 and, to the extent permitted by law, including rules adopted by the
1525+32 authority under IC 8-15-2-17.2(a)(10), section 17.2(a)(10) of this
1526+33 chapter, global positioning systems and photo or video based toll
1527+34 collection or toll collection enforcement systems.
1528+35 (4) Adopt rules under IC 4-22-2-37.1 authorizing the use of and
1529+36 establishing procedures for the implementation of the collection
1530+37 of user fees by electronic or other nonmanual means under
1531+38 subdivision (3). Except as provided in IC 4-22-2-37.1, a rule
1532+39 adopted under this subdivision expires on the expiration date
1533+40 stated by the authority in the rule.
1534+41 (b) Notwithstanding subsection (a), no toll or charge shall be made
1535+42 by the authority under this section or under a public-private agreement
15341536 HB 1100—LS 6770/DI 125 36
1535-1 (g) The tolls, rents, and all other revenues derived by the authority
1536-2 from the toll road project, except those received in accordance with a
1537-3 public-private agreement under IC 8-15.5, shall be used as follows:
1538-4 (1) To pay the cost of operating, maintaining, and repairing the
1539-5 toll road project, including major repairs, replacements, and
1540-6 improvements, to the extent that those costs are not paid out of
1541-7 other funds.
1542-8 (2) To the extent provided for in the resolution authorizing the
1543-9 issuance of bonds under this chapter or in the trust agreement
1544-10 securing the bonds, to pay:
1545-11 (A) the principal of and interest on any bonds as the principal
1546-12 and interest become due; or
1547-13 (B) the redemption price or purchase price of the bonds retired
1548-14 by call or purchase.
1549-15 (3) Except as prohibited by the resolution authorizing the issuance
1550-16 of bonds under this chapter or the trust agreement securing them,
1551-17 for any purpose relating to any toll road project, including the
1552-18 subject toll road project, as the authority provides by resolution.
1553-19 (h) Neither the resolution nor any trust agreement by which a pledge
1554-20 is created needs to be filed or recorded except in the records of the
1555-21 authority.
1556-22 (i) The use and disposition of moneys to the credit of any sinking
1557-23 fund shall be subject to the provisions of any resolution or resolutions
1558-24 authorizing the issuance of any bonds or of any trust agreement. Except
1559-25 as may otherwise be provided in this chapter or in any resolution or any
1560-26 trust agreement, any sinking fund shall be a fund for all bonds without
1561-27 distinction or priority of one over another, subject, however, to such
1562-28 priorities as may arise from prior pledges.
1563-29 (j) In the case of a toll road project that is leased to the department
1564-30 under IC 8-9.5-8-8, the lease must require that the department fix tolls
1565-31 for the toll road project that comply with IC 8-9.5-8-8(c)(6).
1566-32 (k) User fees (as defined in IC 8-15.5-2-10) for a toll road project
1567-33 that is subject to a public-private agreement under IC 8-15.5 shall be
1568-34 set in accordance with IC 8-15.5-7.
1569-35 SECTION 36. IC 8-15-2-17.2, AS AMENDED BY P.L.140-2013,
1570-36 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1571-37 JULY 1, 2022]: Sec. 17.2. (a) Notwithstanding IC 9, the authority may
1572-38 adopt rules:
1573-39 (1) Establishing weight and size limitations for vehicles using a
1574-40 toll road project, subject to the following:
1575-41 (A) The operator of any vehicle exceeding any of the
1576-42 maximum allowable dimensions or weights as set out by the
1537+1 entered into under IC 8-15.5 for:
1538+2 (1) the operation of temporary lodging facilities located upon or
1539+3 adjacent to any project, nor may the authority itself operate or
1540+4 gratuitously permit the operation of such temporary lodging
1541+5 facilities by other persons without any toll or charge; or
1542+6 (2) placing in, on, along, over, or under such project, such
1543+7 telephone, telegraph, electric light or power lines, equipment, or
1544+8 facilities as may be necessary to serve establishments located on
1545+9 the project or as may be necessary to interconnect any public
1546+10 utility facilities on one (1) side of the toll road project with those
1547+11 on the other side.
1548+12 (c) All contracts executed by the authority shall be preserved in the
1549+13 principal office of the authority.
1550+14 (d) In the case of a toll road project that is not leased to the
1551+15 department under IC 8-9.5-8-7, the tolls shall be fixed and adjusted for
1552+16 each toll road project so that the aggregate of the tolls from the project,
1553+17 together with other revenues that are available to the authority without
1554+18 prior restriction or encumbrance, will at least be adequate to pay:
1555+19 (1) the cost of operating, maintaining, and repairing the toll road
1556+20 project, including major repairs, replacements, and
1557+21 improvements;
1558+22 (2) the principal of and the interest on bonds issued in connection
1559+23 with the toll road project, as the principal and interest becomes
1560+24 due and payable, including any reserve or sinking fund required
1561+25 for the project; and
1562+26 (3) the payment of principal of and interest on toll road bonds
1563+27 issued by the authority in connection with any other toll road
1564+28 project, including any reserve or sinking fund required for the
1565+29 project, but only to the extent that the authority provides by
1566+30 resolution and subject to the provisions of any trust agreement
1567+31 relating to the project.
1568+32 (e) Not less than one (1) year before the date that final payment of
1569+33 all such bonds, interest, and reimbursement is expected by the
1570+34 chairman of the authority to be completed, the chairman shall notify the
1571+35 state budget committee in writing of the expected date of final
1572+36 payment.
1573+37 (f) Such tolls shall not be subject to supervision or regulation by any
1574+38 other commission, board, bureau, or agency of the state.
1575+39 (g) The tolls, rents, and all other revenues derived by the authority
1576+40 from the toll road project, except those received in accordance with a
1577+41 public-private agreement under IC 8-15.5, shall be used as follows:
1578+42 (1) To pay the cost of operating, maintaining, and repairing the
15771579 HB 1100—LS 6770/DI 125 37
1578-1 authority in rules and regulations shall apply to the authority
1579-2 in writing, for an application for a special hauling permit,
1580-3 which application must be in compliance with all the terms
1581-4 thereof, and which application must be received at least seven
1582-5 (7) days prior to the time of permitted entry should such permit
1583-6 be granted. Such permit, if granted, will be returned to the
1584-7 applicant in duplicate, properly completed and numbered, and
1585-8 the driver of the vehicle shall have a copy to present to the toll
1586-9 attendant on duty at the point of entry.
1587-10 (B) The authority shall assess a fee for issuing a special
1588-11 hauling permit. In assessing the fee, the authority shall take
1589-12 into consideration the following factors:
1590-13 (i) The administrative cost of issuing the permit.
1591-14 (ii) The potential damage the vehicle represents to the
1592-15 project.
1593-16 (iii) The potential safety hazard the vehicle represents.
1594-17 (2) Establishing the minimum speed that a motor vehicle may be
1595-18 driven on the interstate defense network of dual highways.
1596-19 (3) Designating one-way traffic lanes on a toll road project.
1597-20 (4) Determining the manner of operation of motor vehicles
1598-21 entering and leaving traffic lanes on a toll road project.
1599-22 (5) Determining the regulation of U-turns, of crossing or entering
1600-23 medians, of stopping, parking, or standing, and of passing motor
1601-24 vehicles on a toll road project.
1602-25 (6) Determining the establishment and enforcement of traffic
1603-26 control signs and signals for motor vehicles in traffic lanes,
1604-27 acceleration and deceleration lanes, toll plazas, and interchanges
1605-28 on a toll road project.
1606-29 (7) Determining the limitation of entry to and exit from a toll road
1607-30 project to designated entrances and exits.
1608-31 (8) Determining the limitation on use of a toll road project by
1609-32 pedestrians and aircraft and by vehicles of a type specified in such
1610-33 rules and regulations.
1611-34 (9) Regulating commercial activity on a toll road project,
1612-35 including but not limited to:
1613-36 (A) the offering or display of goods or services for sale;
1614-37 (B) the posting, distributing, or displaying of signs,
1615-38 advertisements, or other printed or written material; and
1616-39 (C) the operation of a mobile or stationary public address
1617-40 system.
1618-41 (10) Establishing enforcement procedures and making
1619-42 assessments for the failure to pay required tolls. The authority
1580+1 toll road project, including major repairs, replacements, and
1581+2 improvements, to the extent that those costs are not paid out of
1582+3 other funds.
1583+4 (2) To the extent provided for in the resolution authorizing the
1584+5 issuance of bonds under this chapter or in the trust agreement
1585+6 securing the bonds, to pay:
1586+7 (A) the principal of and interest on any bonds as the principal
1587+8 and interest become due; or
1588+9 (B) the redemption price or purchase price of the bonds retired
1589+10 by call or purchase.
1590+11 (3) Except as prohibited by the resolution authorizing the issuance
1591+12 of bonds under this chapter or the trust agreement securing them,
1592+13 for any purpose relating to any toll road project, including the
1593+14 subject toll road project, as the authority provides by resolution.
1594+15 (h) Neither the resolution nor any trust agreement by which a pledge
1595+16 is created needs to be filed or recorded except in the records of the
1596+17 authority.
1597+18 (i) The use and disposition of moneys to the credit of any sinking
1598+19 fund shall be subject to the provisions of any resolution or resolutions
1599+20 authorizing the issuance of any bonds or of any trust agreement. Except
1600+21 as may otherwise be provided in this chapter or in any resolution or any
1601+22 trust agreement, any sinking fund shall be a fund for all bonds without
1602+23 distinction or priority of one over another, subject, however, to such
1603+24 priorities as may arise from prior pledges.
1604+25 (j) In the case of a toll road project that is leased to the department
1605+26 under IC 8-9.5-8-8, the lease must require that the department fix tolls
1606+27 for the toll road project that comply with IC 8-9.5-8-8(c)(6).
1607+28 (k) User fees (as defined in IC 8-15.5-2-10) for a toll road project
1608+29 that is subject to a public-private agreement under IC 8-15.5 shall be
1609+30 set in accordance with IC 8-15.5-7.
1610+31 SECTION 37. IC 8-15-2-17.2, AS AMENDED BY P.L.140-2013,
1611+32 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1612+33 JULY 1, 2022]: Sec. 17.2. (a) Notwithstanding IC 9, the authority may
1613+34 adopt rules:
1614+35 (1) Establishing weight and size limitations for vehicles using a
1615+36 toll road project, subject to the following:
1616+37 (A) The operator of any vehicle exceeding any of the
1617+38 maximum allowable dimensions or weights as set out by the
1618+39 authority in rules and regulations shall apply to the authority
1619+40 in writing, for an application for a special hauling permit,
1620+41 which application must be in compliance with all the terms
1621+42 thereof, and which application must be received at least seven
16201622 HB 1100—LS 6770/DI 125 38
1621-1 may adopt rules under this subdivision under IC 4-22-2-37.1.
1622-2 Except as provided in IC 4-22-2-37.1, a rule under this
1623-3 subdivision adopted under IC 4-22-2-37.1 expires on the
1624-4 expiration date stated in the rule.
1625-5 (b) A person who violates a rule adopted under this section commits
1626-6 a Class C infraction. However, a violation of a weight limitation
1627-7 established by the authority under this section is:
1628-8 (1) a Class B infraction if the total of all excesses of weight under
1629-9 those limitations is more than five thousand (5,000) pounds but
1630-10 not more than ten thousand (10,000) pounds; and
1631-11 (2) a Class A infraction if the total of all excesses of weight under
1632-12 those limitations is more than ten thousand (10,000) pounds.
1633-13 (c) It is a defense to the charge of violating a weight limitation
1634-14 established by the authority under this section that the total of all
1635-15 excesses of weight under those limitations is less than one thousand
1636-16 (1,000) pounds.
1637-17 (d) The court may suspend the registration of a vehicle that violated:
1638-18 (1) a size or weight limitation established by the authority under
1639-19 this section; or
1640-20 (2) a rule adopted under subsection (a)(10);
1641-21 for a period of not more than ninety (90) days.
1642-22 (e) Upon the conviction of a person for a violation of a weight or
1643-23 size limitation established by the authority under this section, the court
1644-24 may recommend suspension of the person's current chauffeur's license
1645-25 only if the violation was committed knowingly.
1646-26 SECTION 37. IC 8-15.5-7-8, AS AMENDED BY P.L.140-2013,
1647-27 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1648-28 JULY 1, 2022]: Sec. 8. (a) The authority may fix user fees under this
1649-29 chapter by rule under IC 4-22-2-37.1. Except as provided in
1650-30 IC 4-22-2-37.1, a rule adopted under this subsection expires on the
1651-31 expiration date stated in the rule.
1652-32 (b) Any action to contest the validity of user fees fixed under this
1653-33 chapter may not be brought after the fifteenth day following the
1654-34 effective date of a rule fixing the user fees adopted under subsection
1655-35 (a).
1656-36 SECTION 38. IC 8-23-5-10, AS AMENDED BY P.L.156-2021,
1657-37 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1658-38 JULY 1, 2022]: Sec. 10. (a) The following definitions apply only
1659-39 throughout this section:
1660-40 (1) "Communications infrastructure" includes all facilities and
1661-41 equipment used to provide communications service (as defined in
1662-42 IC 8-1-32.5-3), including fiber conduit. The term does not include
1623+1 (7) days prior to the time of permitted entry should such permit
1624+2 be granted. Such permit, if granted, will be returned to the
1625+3 applicant in duplicate, properly completed and numbered, and
1626+4 the driver of the vehicle shall have a copy to present to the toll
1627+5 attendant on duty at the point of entry.
1628+6 (B) The authority shall assess a fee for issuing a special
1629+7 hauling permit. In assessing the fee, the authority shall take
1630+8 into consideration the following factors:
1631+9 (i) The administrative cost of issuing the permit.
1632+10 (ii) The potential damage the vehicle represents to the
1633+11 project.
1634+12 (iii) The potential safety hazard the vehicle represents.
1635+13 (2) Establishing the minimum speed that a motor vehicle may be
1636+14 driven on the interstate defense network of dual highways.
1637+15 (3) Designating one-way traffic lanes on a toll road project.
1638+16 (4) Determining the manner of operation of motor vehicles
1639+17 entering and leaving traffic lanes on a toll road project.
1640+18 (5) Determining the regulation of U-turns, of crossing or entering
1641+19 medians, of stopping, parking, or standing, and of passing motor
1642+20 vehicles on a toll road project.
1643+21 (6) Determining the establishment and enforcement of traffic
1644+22 control signs and signals for motor vehicles in traffic lanes,
1645+23 acceleration and deceleration lanes, toll plazas, and interchanges
1646+24 on a toll road project.
1647+25 (7) Determining the limitation of entry to and exit from a toll road
1648+26 project to designated entrances and exits.
1649+27 (8) Determining the limitation on use of a toll road project by
1650+28 pedestrians and aircraft and by vehicles of a type specified in such
1651+29 rules and regulations.
1652+30 (9) Regulating commercial activity on a toll road project,
1653+31 including but not limited to:
1654+32 (A) the offering or display of goods or services for sale;
1655+33 (B) the posting, distributing, or displaying of signs,
1656+34 advertisements, or other printed or written material; and
1657+35 (C) the operation of a mobile or stationary public address
1658+36 system.
1659+37 (10) Establishing enforcement procedures and making
1660+38 assessments for the failure to pay required tolls. The authority
1661+39 may adopt rules under this subdivision under IC 4-22-2-37.1.
1662+40 Except as provided in IC 4-22-2-37.1, a rule under this
1663+41 subdivision adopted under IC 4-22-2-37.1 expires on the
1664+42 expiration date stated in the rule.
16631665 HB 1100—LS 6770/DI 125 39
1664-1 a vertical structure.
1665-2 (2) "Dig once program" refers to the dig once broadband corridor
1666-3 program required under subsection (b).
1667-4 (3) "Fiber conduit" means protective conduit of a size and
1668-5 material that is suitable for underground installation of broadband
1669-6 fiber infrastructure.
1670-7 (4) "Limited access highway" means any roadway that is under
1671-8 the jurisdiction and control of the department and that is one (1)
1672-9 of the following:
1673-10 (A) An interstate.
1674-11 (B) A toll road, tollway, or toll bridge.
1675-12 (C) U.S. 30.
1676-13 (D) U.S. 31.
1677-14 (5) "Vertical structure" means a privately owned structure that is
1678-15 more than one hundred (100) feet above ground and that is used
1679-16 primarily for providing wireless communications service. The
1680-17 term includes related equipment associated with the structure,
1681-18 including air conditioned equipment shelters and rooms,
1682-19 electronic equipment, and supporting equipment.
1683-20 (b) Not later than January 1, 2022, the department shall:
1684-21 (1) implement a dig once broadband corridor program to manage
1685-22 the location, installation, and maintenance of communications
1686-23 infrastructure that is used for the provision of broadband services
1687-24 and is located within highway rights-of-way of limited access
1688-25 highways; and
1689-26 (2) adopt policies, procedures, and standards under the dig once
1690-27 program for required installation of fiber conduit by a public or
1691-28 private entity that performs an excavation within a limited access
1692-29 highway right-of-way.
1693-30 (c) The dig once program shall apply only to locations along or
1694-31 within a limited access highway right-of-way. The dig once program
1695-32 shall not apply to the placement of communications infrastructure that
1696-33 laterally crosses a roadway under the control of the department.
1697-34 (d) Except as provided in subsection (e), the department shall
1698-35 impose a fee for the use of communications infrastructure installed and
1699-36 maintained under subsection (b). The amount of the fee may not be
1700-37 more than the reasonable fair market value of the use of the highway
1701-38 right-of-way within the broadband corridor.
1702-39 (e) Except for portions of a U.S. route that is a limited access
1703-40 highway under subsection (a)(4), with respect to state routes or U.S.
1704-41 routes, the department may impose only:
1705-42 (1) a one (1) time permit application fee for the location or
1666+1 (b) A person who violates a rule adopted under this section commits
1667+2 a Class C infraction. However, a violation of a weight limitation
1668+3 established by the authority under this section is:
1669+4 (1) a Class B infraction if the total of all excesses of weight under
1670+5 those limitations is more than five thousand (5,000) pounds but
1671+6 not more than ten thousand (10,000) pounds; and
1672+7 (2) a Class A infraction if the total of all excesses of weight under
1673+8 those limitations is more than ten thousand (10,000) pounds.
1674+9 (c) It is a defense to the charge of violating a weight limitation
1675+10 established by the authority under this section that the total of all
1676+11 excesses of weight under those limitations is less than one thousand
1677+12 (1,000) pounds.
1678+13 (d) The court may suspend the registration of a vehicle that violated:
1679+14 (1) a size or weight limitation established by the authority under
1680+15 this section; or
1681+16 (2) a rule adopted under subsection (a)(10);
1682+17 for a period of not more than ninety (90) days.
1683+18 (e) Upon the conviction of a person for a violation of a weight or
1684+19 size limitation established by the authority under this section, the court
1685+20 may recommend suspension of the person's current chauffeur's license
1686+21 only if the violation was committed knowingly.
1687+22 SECTION 38. IC 8-15.5-7-8, AS AMENDED BY P.L.140-2013,
1688+23 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1689+24 JULY 1, 2022]: Sec. 8. (a) The authority may fix user fees under this
1690+25 chapter by rule under IC 4-22-2-37.1. Except as provided in
1691+26 IC 4-22-2-37.1, a rule adopted under this subsection expires on the
1692+27 expiration date stated in the rule.
1693+28 (b) Any action to contest the validity of user fees fixed under this
1694+29 chapter may not be brought after the fifteenth day following the
1695+30 effective date of a rule fixing the user fees adopted under subsection
1696+31 (a).
1697+32 SECTION 39. IC 8-23-5-10, AS AMENDED BY P.L.156-2021,
1698+33 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1699+34 JULY 1, 2022]: Sec. 10. (a) The following definitions apply only
1700+35 throughout this section:
1701+36 (1) "Communications infrastructure" includes all facilities and
1702+37 equipment used to provide communications service (as defined in
1703+38 IC 8-1-32.5-3), including fiber conduit. The term does not include
1704+39 a vertical structure.
1705+40 (2) "Dig once program" refers to the dig once broadband corridor
1706+41 program required under subsection (b).
1707+42 (3) "Fiber conduit" means protective conduit of a size and
17061708 HB 1100—LS 6770/DI 125 40
1707-1 installation of communications infrastructure that is used for the
1708-2 provision of broadband services and is placed along or within a
1709-3 highway right-of-way; and
1710-4 (2) routine right-of-way permit fees to enter the department's
1711-5 rights-of-way for the maintenance of existing facilities.
1712-6 (f) The department shall not unreasonably discriminate with respect
1713-7 to the following among entities requesting access to broadband
1714-8 corridors or other department controlled rights-of-way:
1715-9 (1) Approving applications, issuing permits, or otherwise
1716-10 establishing terms and conditions for the location, installation,
1717-11 and maintenance of communications infrastructure used for the
1718-12 provision of broadband services.
1719-13 (2) Providing access to rights-of-way, infrastructure, utility poles,
1720-14 river and bridge crossings, and other physical assets owned,
1721-15 controlled, or managed by the department.
1722-16 (3) The type of technology deployed for the provision of
1723-17 broadband services.
1724-18 However, nothing in this subsection abrogates or limits the
1725-19 department's authority under IC 8-23 this article to safely and
1726-20 efficiently manage and operate the state highway system and associated
1727-21 highway rights-of-way for the benefit of the traveling public.
1728-22 (g) The department shall adopt rules under IC 4-22-2, including
1729-23 emergency rules adopted in the manner provided by IC 4-22-2-37.1, to
1730-24 establish the policies, procedures, and standards required under
1731-25 subsection (b) and to otherwise implement this section. Rules or
1732-26 emergency rules adopted by the department under this subsection must
1733-27 take effect not later than January 1, 2022. Notwithstanding
1734-28 IC 4-22-2-37.1(g), Except as provided in IC 4-22-2-37.1, an
1735-29 emergency rule adopted by the department under this subsection in the
1736-30 manner provided by IC 4-22-2-37.1 expires on the date a rule that
1737-31 supersedes the emergency rule is adopted by the department under
1738-32 IC 4-22-2-24 through IC 4-22-2-36.
1739-33 SECTION 39. IC 9-17-5-6, AS ADDED BY P.L.81-2021,
1709+1 material that is suitable for underground installation of broadband
1710+2 fiber infrastructure.
1711+3 (4) "Limited access highway" means any roadway that is under
1712+4 the jurisdiction and control of the department and that is one (1)
1713+5 of the following:
1714+6 (A) An interstate.
1715+7 (B) A toll road, tollway, or toll bridge.
1716+8 (C) U.S. 30.
1717+9 (D) U.S. 31.
1718+10 (5) "Vertical structure" means a privately owned structure that is
1719+11 more than one hundred (100) feet above ground and that is used
1720+12 primarily for providing wireless communications service. The
1721+13 term includes related equipment associated with the structure,
1722+14 including air conditioned equipment shelters and rooms,
1723+15 electronic equipment, and supporting equipment.
1724+16 (b) Not later than January 1, 2022, the department shall:
1725+17 (1) implement a dig once broadband corridor program to manage
1726+18 the location, installation, and maintenance of communications
1727+19 infrastructure that is used for the provision of broadband services
1728+20 and is located within highway rights-of-way of limited access
1729+21 highways; and
1730+22 (2) adopt policies, procedures, and standards under the dig once
1731+23 program for required installation of fiber conduit by a public or
1732+24 private entity that performs an excavation within a limited access
1733+25 highway right-of-way.
1734+26 (c) The dig once program shall apply only to locations along or
1735+27 within a limited access highway right-of-way. The dig once program
1736+28 shall not apply to the placement of communications infrastructure that
1737+29 laterally crosses a roadway under the control of the department.
1738+30 (d) Except as provided in subsection (e), the department shall
1739+31 impose a fee for the use of communications infrastructure installed and
1740+32 maintained under subsection (b). The amount of the fee may not be
1741+33 more than the reasonable fair market value of the use of the highway
1742+34 right-of-way within the broadband corridor.
1743+35 (e) Except for portions of a U.S. route that is a limited access
1744+36 highway under subsection (a)(4), with respect to state routes or U.S.
1745+37 routes, the department may impose only:
1746+38 (1) a one (1) time permit application fee for the location or
1747+39 installation of communications infrastructure that is used for the
1748+40 provision of broadband services and is placed along or within a
1749+41 highway right-of-way; and
1750+42 (2) routine right-of-way permit fees to enter the department's
1751+HB 1100—LS 6770/DI 125 41
1752+1 rights-of-way for the maintenance of existing facilities.
1753+2 (f) The department shall not unreasonably discriminate with respect
1754+3 to the following among entities requesting access to broadband
1755+4 corridors or other department controlled rights-of-way:
1756+5 (1) Approving applications, issuing permits, or otherwise
1757+6 establishing terms and conditions for the location, installation,
1758+7 and maintenance of communications infrastructure used for the
1759+8 provision of broadband services.
1760+9 (2) Providing access to rights-of-way, infrastructure, utility poles,
1761+10 river and bridge crossings, and other physical assets owned,
1762+11 controlled, or managed by the department.
1763+12 (3) The type of technology deployed for the provision of
1764+13 broadband services.
1765+14 However, nothing in this subsection abrogates or limits the
1766+15 department's authority under IC 8-23 this article to safely and
1767+16 efficiently manage and operate the state highway system and associated
1768+17 highway rights-of-way for the benefit of the traveling public.
1769+18 (g) The department shall adopt rules under IC 4-22-2, including
1770+19 emergency rules adopted in the manner provided by IC 4-22-2-37.1, to
1771+20 establish the policies, procedures, and standards required under
1772+21 subsection (b) and to otherwise implement this section. Rules or
1773+22 emergency rules adopted by the department under this subsection must
1774+23 take effect not later than January 1, 2022. Notwithstanding
1775+24 IC 4-22-2-37.1(g), Except as provided in IC 4-22-2-37.1, an
1776+25 emergency rule adopted by the department under this subsection in the
1777+26 manner provided by IC 4-22-2-37.1 expires on the date a rule that
1778+27 supersedes the emergency rule is adopted by the department under
1779+28 IC 4-22-2-24 through IC 4-22-2-36.
1780+29 SECTION 40. IC 9-17-5-6, AS ADDED BY P.L.81-2021,
1781+30 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1782+31 JULY 1, 2022]: Sec. 6. (a) As used in this section, "qualified service
1783+32 provider" means a person able to provide electronic lien or electronic
1784+33 title services in coordination with vehicle lienholders and state
1785+34 departments of motor vehicles.
1786+35 (b) As used in this section, "qualified vendor" refers to a person with
1787+36 whom the bureau contracts to:
1788+37 (1) develop;
1789+38 (2) implement; and
1790+39 (3) provide ongoing support with respect to;
1791+40 a statewide electronic lien and title system under this section.
1792+41 (c) As used in this section, "statewide electronic lien and title
1793+42 system" or "system" means a statewide electronic lien and title system
1794+HB 1100—LS 6770/DI 125 42
1795+1 implemented by the bureau under this section to process:
1796+2 (1) vehicle titles;
1797+3 (2) certificate of title data in which a lien is notated; and
1798+4 (3) the notification, maintenance, and release of security interests
1799+5 in vehicles;
1800+6 through electronic means instead of paper documents.
1801+7 (d) Not later than the dates set forth in subsection (h), the bureau
1802+8 shall implement a statewide electronic lien and title system for the
1803+9 following purposes:
1804+10 (1) To facilitate and promote commerce and governmental
1805+11 transactions by validating and authorizing the use of electronic
1806+12 records.
1807+13 (2) To modernize the law and eliminate barriers to electronic
1808+14 commerce and governmental transactions resulting from
1809+15 uncertainties related to handwritten and other written materials.
1810+16 (3) To promote uniformity of the law among the states relating to
1811+17 the use of electronic and similar technological means of effecting
1812+18 and performing commercial and governmental transactions.
1813+19 (4) To promote public confidence in the validity, integrity, and
1814+20 reliability of electronic commerce and governmental transactions.
1815+21 (5) To promote the development of the legal and business
1816+22 infrastructure necessary to implement electronic commerce and
1817+23 governmental transactions.
1818+24 (e) The bureau may:
1819+25 (1) contract with one (1) or more qualified vendors to develop and
1820+26 implement a statewide electronic lien and title system; or
1821+27 (2) develop and make available to qualified service providers a
1822+28 well defined set of information services that will enable secure
1823+29 access to the data and internal application components necessary
1824+30 to facilitate the creation of a statewide electronic lien and title
1825+31 system.
1826+32 (f) If the bureau elects under subsection (e)(1) to contract with one
1827+33 (1) or more qualified vendors to develop and implement a statewide
1828+34 electronic lien and title system, the following apply:
1829+35 (1) The bureau shall issue a competitive request for proposals to
1830+36 assess the qualifications of any vendor seeking to develop,
1831+37 implement, and provide ongoing support for the system. The
1832+38 bureau may reserve the right to receive input concerning
1833+39 specifications for the establishment and operation of the system
1834+40 from parties that do not respond to the bureau's request for
1835+41 proposals.
1836+42 (2) A contract entered into between the bureau and a qualified
1837+HB 1100—LS 6770/DI 125 43
1838+1 vendor may not provide for any costs or charges payable by the
1839+2 bureau to the qualified vendor. The qualified vendor shall
1840+3 reimburse the bureau for any reasonable and documented costs
1841+4 incurred by the bureau and directly associated with the
1842+5 development, implementation, or ongoing support of the system.
1843+6 (3) Upon implementing a statewide electronic lien and title
1844+7 system under this section, the qualified vendor may charge
1845+8 participating lienholders or their agents a fee for each lien
1846+9 notification transaction provided through the system, in order to
1847+10 recover the qualified vendor's costs associated with the
1848+11 development, implementation, and ongoing administration of the
1849+12 system. A lien notification fee under this subdivision must be
1850+13 consistent with market pricing and may not exceed three dollars
1851+14 and fifty cents ($3.50). The qualified vendor may not charge
1852+15 lienholders or their agents any additional fee for lien releases,
1853+16 assignments, or transfers. The qualified vendor may not charge a
1854+17 fee under this subdivision to a state agency or its agents for lien
1855+18 notification, lien release, lien assignment, or lien transfer. To
1856+19 recover their costs associated with the lien, participating
1857+20 lienholders or their agents may charge:
1858+21 (A) the borrower in a vehicle loan; or
1859+22 (B) the lessee in a vehicle lease;
1860+23 an amount equal to any lien notification fee imposed by the
1861+24 qualified vendor under this subdivision, plus a fee in an amount
1862+25 not to exceed three dollars ($3) for each electronic transaction in
1863+26 which a lien is notated.
1864+27 (4) A qualified vendor may also serve as a qualified service
1865+28 provider to motor vehicle lienholders if the following conditions
1866+29 are met:
1867+30 (A) The contract between the bureau and the qualified vendor
1868+31 must include provisions specifically prohibiting the qualified
1869+32 vendor from using information concerning vehicle titles for
1870+33 any commercial, marketing, business, or other purpose not
1871+34 specifically contemplated by this chapter.
1872+35 (B) The contract between the bureau and the qualified vendor
1873+36 must include an acknowledgment by the qualified vendor that
1874+37 the qualified vendor is required to enter into agreements to
1875+38 exchange electronic lien data with any:
1876+39 (i) qualified service providers that offer electronic lien or
1877+40 title services in Indiana and that have been approved by the
1878+41 bureau for participation in the system; and
1879+42 (ii) qualified service providers that are not qualified vendors.
1880+HB 1100—LS 6770/DI 125 44
1881+1 (C) The bureau must periodically monitor the fees charged by
1882+2 a qualified vendor that also:
1883+3 (i) serves as a qualified service provider to lienholders; or
1884+4 (ii) provides services as a qualified vendor to other qualified
1885+5 service providers;
1886+6 to ensure that the qualified vendor is not engaging in predatory
1887+7 pricing.
1888+8 (g) If the bureau elects under subsection (e)(2) to develop an
1889+9 interface to provide qualified service providers secure access to data to
1890+10 facilitate the creation of a statewide electronic lien and title system, the
1891+11 following apply:
1892+12 (1) The bureau shall establish:
1893+13 (A) the total cost to develop the statewide electronic lien and
1894+14 title system by July 1, 2021;
1895+15 (B) qualifications for third party service providers offering
1896+16 electronic lien services; and
1897+17 (C) a qualification process to:
1898+18 (i) evaluate electronic lien and title system technologies
1899+19 developed by third party service providers; and
1900+20 (ii) determine whether such technologies comply with
1901+21 defined security and platform standards.
1902+22 (2) Not later than February 1, 2022, the bureau shall publish on
1903+23 the bureau's Internet web site the qualifications established by the
1904+24 bureau under subdivision (1). A third party service provider that
1905+25 seeks to become qualified by the bureau under this subsection
1906+26 must demonstrate the service provider's qualifications, in the form
1907+27 and manner specified by the bureau, not later than thirty (30) days
1908+28 after the date of the bureau's publication under this subdivision.
1909+29 After the elapse of the thirty (30) day period during which third
1910+30 party service providers may respond to the bureau's publication
1911+31 under this subdivision, the bureau shall notify each responding
1912+32 third party service provider as to whether the third party service
1913+33 provider has met the qualifications established by the bureau
1914+34 under subdivision (1) and is approved to participate in the
1915+35 statewide electronic lien and title system.
1916+36 (3) Not later than thirty (30) days after receiving a notice of
1917+37 approval from the bureau under subdivision (2), each qualified
1918+38 service provider shall remit to the bureau a payment in an amount
1919+39 equal to the total development costs of the system divided by the
1920+40 total number of qualified service providers participating in the
1921+41 system.
1922+42 (4) If a third party service provider that did not:
1923+HB 1100—LS 6770/DI 125 45
1924+1 (A) submit proof of its qualifications under subdivision (2); or
1925+2 (B) pay initial development costs under subdivision (3);
1926+3 later wishes to participate in the system, the third party service
1927+4 provider may apply to the bureau to participate in the system. The
1928+5 bureau shall allow the third party service provider to participate
1929+6 in the system if the third party service provider meets the
1930+7 qualifications established by the bureau under subdivision (1) and
1931+8 pays to the department the third party service provider's
1932+9 proportional share of the system development costs.
1933+10 (5) Each qualified service provider shall remit to the bureau, on
1934+11 a date prescribed by the bureau, an annual fee established by the
1935+12 bureau and not to exceed three thousand dollars ($3,000), to be
1936+13 used for the operation and maintenance of the system.
1937+14 (6) A contract entered into between the bureau and a qualified
1938+15 service provider may not provide for any costs or charges payable
1939+16 by the bureau to the qualified service provider.
1940+17 (7) Upon the implementation of a statewide electronic lien and
1941+18 title system under this section, a qualified service provider may
1942+19 charge participating lienholders or their agents transaction fees
1943+20 consistent with market pricing. A fee under this subdivision may
1944+21 not be charged to a state agency or its agents for lien notification,
1945+22 lien release, lien assignment, or lien transfer.
1946+23 (8) The contract between the bureau and a qualified service
1947+24 provider must include provisions specifically prohibiting the
1948+25 qualified service provider from using information concerning
1949+26 vehicle titles for any commercial, marketing, business, or other
1950+27 purpose not specifically contemplated by this chapter.
1951+28 (h) Subject to subsection (i), the bureau shall implement, and allow
1952+29 or require the use of, a statewide electronic lien and title system under
1953+30 this section as follows:
1954+31 (1) A statewide electronic lien system that is capable of
1955+32 processing:
1956+33 (A) certificate of title data in which a lien is notated; and
1957+34 (B) the notification, maintenance, and release of security
1958+35 interests in vehicles;
1959+36 through electronic means must be made available for voluntary
1960+37 use by vehicle lienholders not later than February 1, 2022.
1961+38 (2) Subject to subsection (j)(5), the bureau shall require that the
1962+39 statewide electronic lien system made available under subdivision
1963+40 (1) be used for processing:
1964+41 (A) certificate of title data in which a lien is notated; and
1965+42 (B) the notification, maintenance, and release of security
1966+HB 1100—LS 6770/DI 125 46
1967+1 interests in vehicles;
1968+2 after June 30, 2022.
1969+3 (3) A statewide electronic title system capable of processing
1970+4 vehicle titles through electronic means must be made available for
1971+5 voluntary use by vehicle dealers, lienholders, and owners not later
1972+6 than July 1, 2022.
1973+7 (4) The bureau shall require that the statewide electronic title
1974+8 system made available under subdivision (3) be used for
1975+9 processing vehicle titles after June 30, 2023.
1976+10 (i) Subsection (h) does not prohibit the bureau or any:
1977+11 (1) qualified vendor with whom the bureau contracts under
1978+12 subsection (f); or
1979+13 (2) qualified service provider with whom the bureau contracts
1980+14 under subsection (g);
1981+15 from implementing, making available, or requiring the use of a
1982+16 statewide electronic lien system described in subsection (h)(1) at the
1983+17 same time as, or in conjunction with, a statewide electronic title system
1984+18 described in subsection (h)(3), or from implementing, making
1985+19 available, or requiring the use of a statewide electronic lien system
1986+20 described in subsection (h)(1) or a statewide electronic title system
1987+21 described in subsection (h)(3) before the applicable dates otherwise set
1988+22 forth in subsection (h).
1989+23 (j) The following apply to the use of a statewide electronic lien
1990+24 system described in subsection (h)(1):
1991+25 (1) Notwithstanding section 5(b) of this chapter, if there are one
1992+26 (1) or more liens or encumbrances on a motor vehicle, the bureau
1993+27 may electronically transmit the lien to the first lienholder and
1994+28 notify the first lienholder of any additional liens. Subsequent lien
1995+29 satisfactions may be electronically transmitted to the bureau and
1996+30 must include the name and address of the person satisfying the
1997+31 lien.
1998+32 (2) Whenever the electronic transmission of lien notifications and
1999+33 lien satisfactions is used, a certificate of title need not be issued
2000+34 until the last lien is satisfied and a clear certificate of title can be
2001+35 issued to the owner of the motor vehicle. The bureau may print or
2002+36 issue electronically the clear certificate of title to the owner or
2003+37 subsequent assignee of the motor vehicle.
2004+38 (3) If a motor vehicle is subject to an electronic lien, the
2005+39 certificate of title for the motor vehicle is considered to be
2006+40 physically held by the lienholder for purposes of compliance with
2007+41 state or federal odometer disclosure requirements.
2008+42 (4) A certified copy of the bureau's electronic record of a lien is
2009+HB 1100—LS 6770/DI 125 47
2010+1 admissible in any civil, criminal, or administrative proceeding in
2011+2 Indiana as evidence of the existence of the lien. If a certificate of
2012+3 title is maintained electronically in a statewide electronic title
2013+4 system described in subsection (h)(3), a certified copy of the
2014+5 bureau's electronic record of the certificate of title is admissible
2015+6 in any civil, criminal, or administrative proceeding in Indiana as
2016+7 evidence of the existence and contents of the certificate of title.
2017+8 (5) All individuals and lienholders who conduct at least twelve
2018+9 (12) lien transactions annually must use the statewide electronic
2019+10 lien and title system implemented under this section to record
2020+11 information concerning the perfection and release of a security
2021+12 interest in a vehicle.
2022+13 (6) An electronic notice or release of a lien made through the
2023+14 statewide electronic lien and title system implemented under this
2024+15 section has the same force and effect as a notice or release of a
2025+16 lien made on a paper document.
2026+17 (7) The bureau may convert an existing paper lien to an electronic
2027+18 lien upon request of the primary lienholder. The bureau, or a third
2028+19 party contracting with the bureau under this section, is authorized
2029+20 to collect a fee not to exceed three dollars ($3) for each
2030+21 conversion performed under this subdivision. A fee under this
2031+22 subdivision may not be charged to a state agency or its agents.
2032+23 (8) Notwithstanding section 5 of this chapter, any requirement
2033+24 that a security interest or other information appear on a certificate
2034+25 of title is satisfied by the inclusion of that information in an
2035+26 electronic file maintained in an electronic title system.
2036+27 (k) Nothing in this section precludes the bureau from collecting a
2037+28 title fee for the preparation and issuance of a title.
2038+29 (l) The bureau may adopt rules under IC 4-22-2 to implement this
2039+30 section, including emergency rules in the manner provided by
2040+31 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
2041+32 provided in IC 4-22-2-37.1, an emergency rule adopted by the bureau
2042+33 under this subsection and in the manner provided by IC 4-22-2-37.1
2043+34 expires on the date on which a rule that supersedes the emergency rule
2044+35 is adopted by the bureau under IC 4-22-2-24 through IC 4-22-2-36.
2045+36 SECTION 41. IC 9-20-1-5, AS ADDED BY P.L.198-2016,
2046+37 SECTION 338, IS AMENDED TO READ AS FOLLOWS
2047+38 [EFFECTIVE JULY 1, 2022]: Sec. 5. The Indiana department of
2048+39 transportation shall adopt emergency rules in the manner provided
2049+40 under IC 4-22-2-37.1 for the:
2050+41 (1) issuance, fee structure, and enforcement of permits for
2051+42 overweight divisible loads;
2052+HB 1100—LS 6770/DI 125 48
2053+1 (2) fee structure of permits for loads on extra heavy duty
2054+2 highways; and
2055+3 (3) fee structure of permits for overweight loads.
2056+4 Except as provided in IC 4-22-2-37.1, a rule adopted under this
2057+5 section expires only with the adoption of a new superseding rule.
2058+6 SECTION 42. IC 9-30-6-5.5, AS AMENDED BY P.L.40-2012,
2059+7 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2060+8 JULY 1, 2022]: Sec. 5.5. (a) Notwithstanding IC 4-22-2, to implement
2061+9 P.L.1-2000, the director of the department of toxicology of the Indiana
2062+10 University School of Medicine may adopt a rule required under section
2063+11 5 of this chapter, section 6 of this chapter, or both in the manner
2064+12 provided for emergency rules under IC 4-22-2-37.1.
2065+13 (b) A rule adopted under this section is effective when it is filed
2066+14 with the secretary of state and, except as provided in IC 4-22-2-37.1,
2067+15 expires on the latest of the following:
2068+16 (1) The date that the director adopts another emergency rule
2069+17 under this section to amend, repeal, or otherwise supersede the
2070+18 previously adopted emergency rule.
2071+19 (2) The date that the director adopts a permanent rule under
2072+20 IC 4-22-2 to amend, repeal, or otherwise supersede the previously
2073+21 adopted emergency rule.
2074+22 (3) July 1, 2001.
2075+23 (c) For the purposes of IC 9-30-7-4, IC 14-15-8-14 (before its
2076+24 repeal), IC 35-46-9, and other statutes, the provisions of a rule adopted
2077+25 under this section shall be treated as a requirement under section 5 of
2078+26 this chapter, section 6 of this chapter, or both as appropriate.
2079+27 SECTION 43. IC 12-13-16-13, AS ADDED BY P.L.73-2020,
2080+28 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2081+29 JULY 1, 2022]: Sec. 13. (a) The office of the secretary may adopt rules
2082+30 under IC 4-22-2 necessary to implement this chapter.
2083+31 (b) The office of the secretary may adopt emergency rules under
2084+32 IC 4-22-2-37.1 to implement this chapter on an emergency basis.
2085+33 (c) Except as provided in IC 4-22-2-37.1, an emergency rule or an
2086+34 amendment to an emergency rule adopted under this section expires not
2087+35 later than one (1) year after the rule is accepted for filing under
2088+36 IC 4-22-2-37.1(e).
2089+37 SECTION 44. IC 13-14-8-1, AS AMENDED BY P.L.140-2013,
2090+38 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2091+39 JULY 1, 2022]: Sec. 1. (a) The board may:
2092+40 (1) adopt;
2093+41 (2) repeal;
2094+42 (3) rescind; or
2095+HB 1100—LS 6770/DI 125 49
2096+1 (4) amend;
2097+2 rules and standards by proceeding in the manner prescribed in
2098+3 IC 4-22-2 and IC 13-14-9.
2099+4 (b) The board may adopt an emergency rule under IC 4-22-2-37.1
2100+5 to comply with a deadline required by or other date provided by federal
2101+6 law if:
2102+7 (1) the variance procedures are included in the rule; and
2103+8 (2) permits or licenses granted during the period the emergency
2104+9 rule is in effect are reviewed after the emergency rule expires.
2105+10 Except as provided in IC 4-22-2-37.1, an emergency rule adopted
2106+11 under this subsection may be extended for two (2) extension periods by
2107+12 adopting another rule under IC 4-22-2-37.1. IC 4-22-2-37.1(g)(3) does
2108+13 not apply to an emergency rule adopted under this subsection.
2109+14 SECTION 45. IC 13-14-9-4, AS AMENDED BY P.L.218-2016,
2110+15 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2111+16 JULY 1, 2022]: Sec. 4. (a) The department shall provide notice in the
2112+17 Indiana Register of the second public comment period required by
2113+18 section 2 of this chapter. A notice provided under this section must do
2114+19 the following:
2115+20 (1) Contain the full text of the proposed rule, to the extent
2116+21 required under IC 4-22-2-24(c).
2117+22 (2) Contain a summary of the response of the department to
2118+23 written comments submitted under section 3 of this chapter
2119+24 during the first public comment period.
2120+25 (3) Request the submission of comments, including suggestions
2121+26 of specific amendments to the language contained in the proposed
2122+27 rule.
2123+28 (4) Contain the full text of the commissioner's written findings
2124+29 under section 7 of this chapter, if applicable.
2125+30 (5) Identify each element of the proposed rule that imposes a
2126+31 restriction or requirement on persons to whom the proposed rule
2127+32 applies that:
2128+33 (A) is more stringent than a restriction or requirement imposed
2129+34 under federal law; or
2130+35 (B) applies in a subject area in which federal law does not
2131+36 impose a restriction or requirement.
2132+37 (6) With respect to each element identified under subdivision (5),
2133+38 identify:
2134+39 (A) the environmental circumstance or hazard that dictates the
2135+40 imposition of the proposed restriction or requirement to
2136+41 protect human health and the environment;
2137+42 (B) examples in which federal law is inadequate to provide the
2138+HB 1100—LS 6770/DI 125 50
2139+1 protection referred to in clause (A); and
2140+2 (C) the:
2141+3 (i) estimated fiscal impact; and
2142+4 (ii) expected benefits;
2143+5 based on the extent to which the proposed rule is more
2144+6 stringent than the restrictions or requirements of federal law,
2145+7 or on the creation of restrictions or requirements in a subject
2146+8 area in which federal law does not impose restrictions or
2147+9 requirements.
2148+10 (7) For any element of the proposed rule that imposes a restriction
2149+11 or requirement that is more stringent than a restriction or
2150+12 requirement imposed under federal law or that applies in a subject
2151+13 area in which federal law does not impose restrictions or
2152+14 requirements, describe the availability for public inspection of all
2153+15 materials relied upon by the department in the development of the
2154+16 proposed rule, including, if applicable:
2155+17 (A) health criteria;
2156+18 (B) analytical methods;
2157+19 (C) treatment technology;
2158+20 (D) economic impact data;
2159+21 (E) environmental assessment data;
2160+22 (F) analyses of methods to effectively implement the proposed
2161+23 rule; and
2162+24 (G) other background data.
2163+25 (8) Identify whether the proposed rule imposes a penalty, fine,
2164+26 or other similar negative impact on a person or business, and
2165+27 if so, contain a written description of the penalty, fine, or
2166+28 other similar negative impact, and why the penalty, fine, or
2167+29 other similar negative impact is considered necessary.
2168+30 (b) The notice required under subsection (a):
2169+31 (1) shall be published electronically in the Indiana Register under
2170+32 procedures established by the publisher; and
2171+33 (2) if any element of the proposed rule to which the notice relates
2172+34 imposes a restriction or requirement that is more stringent than a
2173+35 restriction or requirement imposed under federal law, shall be
2174+36 submitted in an electronic format under IC 5-14-6 to the executive
2175+37 director of the legislative services agency, who shall present the
2176+38 notice to the legislative council established by IC 2-5-1.1-1; and
2177+39 (3) if the proposed rule imposes a penalty, fine, or other
2178+40 similar negative impact on a person or business as described
2179+41 in subsection (a)(8), shall be submitted by the publisher, in an
2180+42 electronic format under IC 5-14-6, to each member of the
2181+HB 1100—LS 6770/DI 125 51
2182+1 standing committee or standing committees that have subject
2183+2 matter jurisdiction most closely relating to the subject matter
2184+3 of the rule.
2185+4 (c) If the notice provided by the department concerning a proposed
2186+5 rule identifies, under subsection (a)(5), an element of the proposed rule
2187+6 that imposes a restriction or requirement more stringent than a
2188+7 restriction or requirement imposed under federal law, the proposed rule
2189+8 shall not become effective under this chapter until the adjournment sine
2190+9 die of the regular session of the general assembly that begins after the
2191+10 department provides the notice.
2192+11 (d) Subsections (b)(2) and (c) do not prohibit or restrict the
2193+12 commissioner, the department, or the board from:
2194+13 (1) adopting emergency rules under IC 4-22-2-37.1;
2195+14 (2) taking emergency action under IC 13-14-10; or
2196+15 (3) temporarily:
2197+16 (A) altering ordinary operating policies or procedures; or
2198+17 (B) implementing new policies or procedures;
2199+18 in response to an emergency situation.
2200+19 SECTION 46. IC 13-14-9.5-1.1 IS AMENDED TO READ AS
2201+20 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1.1. (a) This section
2202+21 applies to the following:
2203+22 (1) A rule that is required to receive or maintain:
2204+23 (A) delegation;
2205+24 (B) primacy; or
2206+25 (C) approval;
2207+26 for state implementation or operation of a program established
2208+27 under federal law.
2209+28 (2) A rule that is required to begin or continue receiving federal
2210+29 funding for the implementation or operation of a program.
2211+30 (b) A rule described in subsection (a) does not expire under this
2212+31 chapter.
2213+32 (c) In the seventh fourth year after the effective date of a rule or an
2214+33 amendment to a rule described in subsection (a), the department shall
2215+34 publish a notice in the Indiana Register. The notice may contain a list
2216+35 of several rules that have been effective for seven (7) four (4) years. A
2217+36 separate notice must be published for each board with rulemaking
2218+37 authority. A notice under this subsection must provide for the
2219+38 following:
2220+39 (1) A written comment period of at least thirty (30) days.
2221+40 (2) A request for comments on specific rules that should be
2222+41 reviewed through the regular rulemaking process under
2223+42 IC 13-14-9.
2224+HB 1100—LS 6770/DI 125 52
2225+1 (3) A notice of public hearing before the appropriate board.
2226+2 (4) The information required to be identified or described under
2227+3 IC 13-14-9-4(5) IC 13-14-9-4(a)(5) through IC 13-14-9-4(7)
2228+4 IC 13-14-9-4(a)(8) in the same manner that would apply if the
2229+5 proposed renewal of the expired rule were a proposal to adopt a
2230+6 new rule.
2231+7 (d) The department shall:
2232+8 (1) prepare responses to all comments received during the
2233+9 comment period; and
2234+10 (2) provide all comments and responses to the board during the
2235+11 public board hearing;
2236+12 described in subsection (c).
2237+13 (e) The board, after considering the written comments and
2238+14 responses, as well as testimony at the public hearing described in
2239+15 subsection (c), shall direct the department on whether additional
2240+16 rulemaking actions must be initiated to address concerns raised to the
2241+17 board.
2242+18 (f) For the rules described in subsection (a) that are effective on or
2243+19 before:
2244+20 (1) July 1, 2001, the notice described in subsection (c) shall be
2245+21 published in the Indiana Register before December 31, 2008; or
2246+22 (2) July 1, 2022, the notice described in subsection (c) shall be
2247+23 published in the Indiana Register not later than June 30, 2026.
2248+24 SECTION 47. IC 13-14-9.5-2, AS AMENDED BY P.L.215-2005,
2249+25 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2250+26 JULY 1, 2022]: Sec. 2. (a) Except as provided in subsection (b) or
2251+27 section 1.1 of this chapter, an administrative rule adopted under
2252+28 IC 13-14-9 expires January 1 of the seventh year after the year in which
2253+29 the rule takes effect, unless the rule contains an earlier expiration date.
2254+30 The expiration date of a rule under this section is extended each time
2255+31 that a rule amending an unexpired rule takes effect. The rule, as
2256+32 amended, expires on January 1 of the seventh year after the year in
2257+33 which the amendment takes effect.
2258+34 (b) An administrative rule that:
2259+35 (1) was adopted under a provision of IC 13 that has been repealed
2260+36 by a recodification of IC 13;
2261+37 (2) is in force on December 31, 1995; and
2262+38 (3) is not amended by a rule that takes effect after December 31,
2263+39 1995, and before January 1, 2002;
2264+40 expires not later than January 1, 2002.
2265+41 (c) The determination of whether an administrative rule expires
2266+42 under this chapter shall be applied at the level of an Indiana
2267+HB 1100—LS 6770/DI 125 53
2268+1 Administrative Code section.
2269+2 SECTION 48. IC 13-14-9.5-2.1 IS ADDED TO THE INDIANA
2270+3 CODE AS A NEW SECTION TO READ AS FOLLOWS
2271+4 [EFFECTIVE JULY 1, 2022]: Sec. 2.1. (a) Except as provided in
2272+5 subsection (b) or section 1.1 of this chapter, an administrative rule
2273+6 adopted under IC 13-14-9 expires July 1 of the fourth year after
2274+7 the year in which the rule takes effect, unless the rule contains an
2275+8 earlier expiration date. The expiration date of a rule under this
2276+9 section is extended each time that a rule amending an unexpired
2277+10 rule takes effect. The rule, as amended, expires on July 1 of the
2278+11 fourth year after the year in which the amendment takes effect.
2279+12 (b) This subsection applies to an administrative rule that:
2280+13 (1) was adopted under IC 4-22-2 or IC 13-14-9, or readopted
2281+14 under IC 4-22-2.5 or this chapter after December 31, 2015,
2282+15 and before January 1, 2020; and
2283+16 (2) is in force on June 30, 2022.
2284+17 The expiration date of a rule described in this subsection is
2285+18 extended under this subsection if the agency intends to readopt the
2286+19 rule. The rule expires on July 1, 2024.
2287+20 SECTION 49. IC 13-14-9.5-3 IS AMENDED TO READ AS
2288+21 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The department
2289+22 or a board that has rulemaking authority under this title may adopt a
2290+23 rule under IC 13-14-9 in anticipation of a rule's expiration under this
2291+24 chapter.
2292+25 (b) Except as provided in section 5 of this chapter, the department
2293+26 or a board that has rulemaking authority under this title may not use
2294+27 emergency rule procedures to readopt a rule that is subject to expiration
2295+28 under this chapter.
2296+29 (c) This subsection applies to a rule that expires under this
2297+30 chapter after June 30, 2024. Subject to subsection (f), before the
2298+31 department or a board that has rulemaking authority under this
2299+32 title may readopt a rule under this section, and not later than
2300+33 January 1 of the third year after the year in which the rule most
2301+34 recently took effect, the department or board shall provide notice
2302+35 of the pending readoption of the rule to the publisher. At the same
2303+36 time the agency provides notice of the pending readoption of the
2304+37 rule, the agency shall submit:
2305+38 (1) a copy of the rule;
2306+39 (2) any economic impact statement prepared concerning the
2307+40 rule; and
2308+41 (3) if the rule imposes a penalty, fine, or other similar negative
2309+42 impact on a person or business, a written description of the
2310+HB 1100—LS 6770/DI 125 54
2311+1 penalty, fine, or other similar negative impact, and why the
2312+2 penalty, fine, or other similar negative impact is considered
2313+3 necessary.
2314+4 (d) The publisher shall provide a copy of any materials
2315+5 submitted under subsection (c) in an electronic format under
2316+6 IC 5-14-6 to each member of the standing committee or standing
2317+7 committees that have subject matter jurisdiction most closely
2318+8 relating to the subject matter of the rule.
2319+9 (e) The publisher shall publish the materials submitted under
2320+10 subsection (c) in the Indiana Register.
2321+11 (f) If the department or a board that has rulemaking authority
2322+12 under this title intends to readopt a rule described in section 2.1(b)
2323+13 of this chapter, the department or board shall submit the materials
2324+14 under subsection (c) not later than January 1, 2023.
2325+15 SECTION 50. IC 13-14-9.5-5 IS AMENDED TO READ AS
2326+16 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. If a rule is not
2327+17 readopted and the governor finds that the failure to readopt the rule
2328+18 causes an emergency to exist, the governor may, by executive order
2329+19 issued before the rule's expiration date, postpone the expiration date of
2330+20 the rule until a date that is one (1) year after the date specified in
2331+21 section 2 2.1 of this chapter.
2332+22 SECTION 51. IC 13-15-4-3, AS AMENDED BY P.L.140-2013,
2333+23 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2334+24 JULY 1, 2022]: Sec. 3. (a) A board may adopt a rule under IC 4-22-2
2335+25 that changes a period described under section 1 of this chapter within
2336+26 which the commissioner must approve or deny an application:
2337+27 (1) if:
2338+28 (A) the general assembly enacts a statute;
2339+29 (B) a board adopts a rule; or
2340+30 (C) the federal government enacts a statute or adopts a
2341+31 regulation;
2342+32 that imposes a new requirement concerning a class of applications
2343+33 that makes it infeasible for the commissioner to approve or deny
2344+34 the application within the period;
2345+35 (2) if:
2346+36 (A) the general assembly enacts a statute;
2347+37 (B) a board adopts a rule; or
2348+38 (C) the federal government enacts a statute or adopts a
2349+39 regulation;
2350+40 that establishes a new permit program for which a period is not
2351+41 described under section 1 of this chapter; or
2352+42 (3) if some other significant factor concerning a class of
2353+HB 1100—LS 6770/DI 125 55
2354+1 applications makes it infeasible for the commissioner to approve
2355+2 or deny the application within the period.
2356+3 (b) A board may adopt a rule described in subsection (a) as an
2357+4 emergency rule under IC 4-22-2-37.1, if:
2358+5 (1) the variance procedures are included in the rule; and
2359+6 (2) permits or licenses granted during the period the emergency
2360+7 rule is in effect are reviewed after the emergency rule expires.
2361+8 If a board adopts an emergency rule under this subsection, the period
2362+9 described in section 1 of this chapter is suspended during the
2363+10 emergency rulemaking process. Except as provided in
2364+11 IC 4-22-2-37.1, an emergency rule adopted under this subsection may
2365+12 be extended for two (2) extension periods by adopting another
2366+13 emergency rule under IC 4-22-2-37.1. IC 4-22-2-37.1(g)(3) does not
2367+14 apply to an emergency rule adopted under this subsection.
2368+15 SECTION 52. IC 16-31-3-24, AS ADDED BY P.L.77-2012,
2369+16 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2370+17 JULY 1, 2022]: Sec. 24. The commission may implement a
2371+18 certification program for emergency services personnel regulated by
2372+19 the commission through emergency rules adopted under
2373+20 IC 4-22-2-37.1. Except as provided in IC 4-22-2-37.1, an emergency
2374+21 rule adopted under this section expires on the later of the following:
2375+22 (1) July 1, 2014.
2376+23 (2) The date permanent rules are adopted to replace the
2377+24 emergency rules.
2378+25 SECTION 53. IC 16-42-5-0.3, AS ADDED BY P.L.220-2011,
2379+26 SECTION 323, IS AMENDED TO READ AS FOLLOWS
2380+27 [EFFECTIVE JULY 1, 2022]: Sec. 0.3. (a) The state department of
2381+28 health may adopt rules establishing the initial schedule of civil
2382+29 penalties required under section 28 of this chapter, as added by
2383+30 P.L.266-2001, at any time after May 11, 2001, in the manner provided
2384+31 for the adoption of emergency rules under IC 4-22-2-37.1. Except as
2385+32 provided in IC 4-22-2-37.1, an emergency rule adopted under this
2386+33 section expires on the later of:
2387+34 (1) the date permanent rules are adopted to replace the emergency
2388+35 rules; or
2389+36 (2) July 1, 2003.
2390+37 (b) A corporation or local health department that, before January 1,
2391+38 2001, adopted monetary penalties for the violation of any state or local
2392+39 law or rule concerning food handling or food establishments may
2393+40 continue to enforce those locally prescribed monetary penalties
2394+41 (including the issuance of tickets or citations authorized by local law)
2395+42 and deposit the amounts collected as prescribed by local law until the
2396+HB 1100—LS 6770/DI 125 56
2397+1 later of:
2398+2 (1) the date permanent rules are adopted establishing the schedule
2399+3 of civil penalties required under section 28 of this chapter, as
2400+4 added by P.L.266-2001; or
2401+5 (2) July 1, 2003.
2402+6 SECTION 54. IC 20-49-10-13, AS ADDED BY P.L.211-2018(ss),
2403+7 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2404+8 JULY 1, 2022]: Sec. 13. (a) The state board, in consultation with the
2405+9 secured school safety board, may adopt:
2406+10 (1) rules under IC 4-22-2; or
2407+11 (2) emergency rules under IC 4-22-2-37.1;
2408+12 necessary to implement this chapter.
2409+13 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
2410+14 adopted by the state board under this section expires on the earlier of
2411+15 the following dates:
2412+16 (1) The expiration date stated in the emergency rule.
2413+17 (2) The date the emergency rule is amended or repealed by a later
2414+18 rule adopted under IC 4-22-2.
2415+19 SECTION 55. IC 22-13-2-11.5, AS AMENDED BY P.L.249-2019,
2416+20 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2417+21 JULY 1, 2022]: Sec. 11.5. (a) As used in this section, "NFPA 72" refers
2418+22 to NFPA 72, National Fire Alarm and Signaling Code, 2010 Edition,
2419+23 published by the National Fire Protection Association, 1 Batterymarch
2420+24 Park, Quincy, Massachusetts 02169-7471.
2421+25 (b) It is the intent of the general assembly that NFPA 72, as may be
2422+26 amended by the commission under subsection (c), be incorporated into
2423+27 the Indiana Administrative Code. Not later than July 1, 2014, the
2424+28 commission shall adopt rules under IC 4-22-2 to amend 675
2425+29 IAC 28-1-28 to incorporate NFPA 72 into the Indiana Administrative
2426+30 Code, subject to subsection (c)(1) and (c)(2). The commission may
2427+31 adopt emergency rules in the manner provided under IC 4-22-2-37.1 to
2428+32 comply with this subsection. Except as provided in IC 4-22-2-37.1,
2429+33 an emergency rule adopted by the commission under IC 4-22-2-37.1 to
2430+34 comply with this subsection expires on the date a rule that supersedes
2431+35 the emergency rule is adopted by the commission under IC 4-22-2-24
2432+36 through IC 4-22-2-36.
2433+37 (c) In adopting rules to incorporate NFPA 72 into the Indiana
2434+38 Administrative Code, as required by subsection (b), the commission
2435+39 may amend NFPA 72 as the commission considers appropriate.
2436+40 However, the rules finally adopted by the commission to comply with
2437+41 this section must do the following:
2438+42 (1) Incorporate the definition of, and associated requirements for:
2439+HB 1100—LS 6770/DI 125 57
2440+1 (A) a managed facilities-based voice network (MFVN); and
2441+2 (B) a public switched telephone network (PSTN);
2442+3 as set forth in NFPA 72.
2443+4 (2) Allow digital alarm communicator systems that make use of
2444+5 a managed facilities-based voice network (MFVN) to transmit
2445+6 signals from a fire alarm system to an offsite monitoring facility,
2446+7 subject to the requirements for those systems set forth in NFPA
2447+8 72.
2448+9 (d) If the commission does not comply with subsection (b), the
2449+10 following apply on July 1, 2014:
2450+11 (1) The definition of, and associated requirements for:
2451+12 (A) a managed facilities-based voice network (MFVN); and
2452+13 (B) a public switched telephone network (PSTN);
2453+14 as set forth in NFPA 72, are considered incorporated into the
2454+15 Indiana Administrative Code. Any provisions of 675 IAC 28-1-28
2455+16 (or any rules adopted by a state agency, or any ordinances or other
2456+17 regulations adopted by a political subdivision) that conflict with
2457+18 the definitions and requirements described in this subdivision are
2458+19 superseded by the definitions and requirements described in this
2459+20 subdivision. This subdivision continues to apply until the
2460+21 commission adopts rules that amend 675 IAC 28-1-28 to
2461+22 incorporate NFPA 72 into the Indiana Administrative Code and
2462+23 that comply with subsection (c)(1) and (c)(2).
2463+24 (2) A person that after June 30, 2014, installs or uses a digital
2464+25 alarm communicator system that:
2465+26 (A) makes use of a managed facilities-based voice network
2466+27 (MFVN) to transmit signals from a fire alarm system to an
2467+28 offsite monitoring facility; and
2468+29 (B) meets the requirements for such a system set forth in
2469+30 NFPA 72;
2470+31 is not required to obtain a variance under section 11 of this
2471+32 chapter for the installation or use.
2472+33 SECTION 56. IC 24-4.4-1-101, AS AMENDED BY P.L.129-2020,
17402473 34 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1741-35 JULY 1, 2022]: Sec. 6. (a) As used in this section, "qualified service
1742-36 provider" means a person able to provide electronic lien or electronic
1743-37 title services in coordination with vehicle lienholders and state
1744-38 departments of motor vehicles.
1745-39 (b) As used in this section, "qualified vendor" refers to a person with
1746-40 whom the bureau contracts to:
1747-41 (1) develop;
1748-42 (2) implement; and
1749-HB 1100—LS 6770/DI 125 41
1750-1 (3) provide ongoing support with respect to;
1751-2 a statewide electronic lien and title system under this section.
1752-3 (c) As used in this section, "statewide electronic lien and title
1753-4 system" or "system" means a statewide electronic lien and title system
1754-5 implemented by the bureau under this section to process:
1755-6 (1) vehicle titles;
1756-7 (2) certificate of title data in which a lien is notated; and
1757-8 (3) the notification, maintenance, and release of security interests
1758-9 in vehicles;
1759-10 through electronic means instead of paper documents.
1760-11 (d) Not later than the dates set forth in subsection (h), the bureau
1761-12 shall implement a statewide electronic lien and title system for the
1762-13 following purposes:
1763-14 (1) To facilitate and promote commerce and governmental
1764-15 transactions by validating and authorizing the use of electronic
1765-16 records.
1766-17 (2) To modernize the law and eliminate barriers to electronic
1767-18 commerce and governmental transactions resulting from
1768-19 uncertainties related to handwritten and other written materials.
1769-20 (3) To promote uniformity of the law among the states relating to
1770-21 the use of electronic and similar technological means of effecting
1771-22 and performing commercial and governmental transactions.
1772-23 (4) To promote public confidence in the validity, integrity, and
1773-24 reliability of electronic commerce and governmental transactions.
1774-25 (5) To promote the development of the legal and business
1775-26 infrastructure necessary to implement electronic commerce and
1776-27 governmental transactions.
1777-28 (e) The bureau may:
1778-29 (1) contract with one (1) or more qualified vendors to develop and
1779-30 implement a statewide electronic lien and title system; or
1780-31 (2) develop and make available to qualified service providers a
1781-32 well defined set of information services that will enable secure
1782-33 access to the data and internal application components necessary
1783-34 to facilitate the creation of a statewide electronic lien and title
1784-35 system.
1785-36 (f) If the bureau elects under subsection (e)(1) to contract with one
1786-37 (1) or more qualified vendors to develop and implement a statewide
1787-38 electronic lien and title system, the following apply:
1788-39 (1) The bureau shall issue a competitive request for proposals to
1789-40 assess the qualifications of any vendor seeking to develop,
1790-41 implement, and provide ongoing support for the system. The
1791-42 bureau may reserve the right to receive input concerning
1792-HB 1100—LS 6770/DI 125 42
1793-1 specifications for the establishment and operation of the system
1794-2 from parties that do not respond to the bureau's request for
1795-3 proposals.
1796-4 (2) A contract entered into between the bureau and a qualified
1797-5 vendor may not provide for any costs or charges payable by the
1798-6 bureau to the qualified vendor. The qualified vendor shall
1799-7 reimburse the bureau for any reasonable and documented costs
1800-8 incurred by the bureau and directly associated with the
1801-9 development, implementation, or ongoing support of the system.
1802-10 (3) Upon implementing a statewide electronic lien and title
1803-11 system under this section, the qualified vendor may charge
1804-12 participating lienholders or their agents a fee for each lien
1805-13 notification transaction provided through the system, in order to
1806-14 recover the qualified vendor's costs associated with the
1807-15 development, implementation, and ongoing administration of the
1808-16 system. A lien notification fee under this subdivision must be
1809-17 consistent with market pricing and may not exceed three dollars
1810-18 and fifty cents ($3.50). The qualified vendor may not charge
1811-19 lienholders or their agents any additional fee for lien releases,
1812-20 assignments, or transfers. The qualified vendor may not charge a
1813-21 fee under this subdivision to a state agency or its agents for lien
1814-22 notification, lien release, lien assignment, or lien transfer. To
1815-23 recover their costs associated with the lien, participating
1816-24 lienholders or their agents may charge:
1817-25 (A) the borrower in a vehicle loan; or
1818-26 (B) the lessee in a vehicle lease;
1819-27 an amount equal to any lien notification fee imposed by the
1820-28 qualified vendor under this subdivision, plus a fee in an amount
1821-29 not to exceed three dollars ($3) for each electronic transaction in
1822-30 which a lien is notated.
1823-31 (4) A qualified vendor may also serve as a qualified service
1824-32 provider to motor vehicle lienholders if the following conditions
1825-33 are met:
1826-34 (A) The contract between the bureau and the qualified vendor
1827-35 must include provisions specifically prohibiting the qualified
1828-36 vendor from using information concerning vehicle titles for
1829-37 any commercial, marketing, business, or other purpose not
1830-38 specifically contemplated by this chapter.
1831-39 (B) The contract between the bureau and the qualified vendor
1832-40 must include an acknowledgment by the qualified vendor that
1833-41 the qualified vendor is required to enter into agreements to
1834-42 exchange electronic lien data with any:
1835-HB 1100—LS 6770/DI 125 43
1836-1 (i) qualified service providers that offer electronic lien or
1837-2 title services in Indiana and that have been approved by the
1838-3 bureau for participation in the system; and
1839-4 (ii) qualified service providers that are not qualified vendors.
1840-5 (C) The bureau must periodically monitor the fees charged by
1841-6 a qualified vendor that also:
1842-7 (i) serves as a qualified service provider to lienholders; or
1843-8 (ii) provides services as a qualified vendor to other qualified
1844-9 service providers;
1845-10 to ensure that the qualified vendor is not engaging in predatory
1846-11 pricing.
1847-12 (g) If the bureau elects under subsection (e)(2) to develop an
1848-13 interface to provide qualified service providers secure access to data to
1849-14 facilitate the creation of a statewide electronic lien and title system, the
1850-15 following apply:
1851-16 (1) The bureau shall establish:
1852-17 (A) the total cost to develop the statewide electronic lien and
1853-18 title system by July 1, 2021;
1854-19 (B) qualifications for third party service providers offering
1855-20 electronic lien services; and
1856-21 (C) a qualification process to:
1857-22 (i) evaluate electronic lien and title system technologies
1858-23 developed by third party service providers; and
1859-24 (ii) determine whether such technologies comply with
1860-25 defined security and platform standards.
1861-26 (2) Not later than February 1, 2022, the bureau shall publish on
1862-27 the bureau's Internet web site the qualifications established by the
1863-28 bureau under subdivision (1). A third party service provider that
1864-29 seeks to become qualified by the bureau under this subsection
1865-30 must demonstrate the service provider's qualifications, in the form
1866-31 and manner specified by the bureau, not later than thirty (30) days
1867-32 after the date of the bureau's publication under this subdivision.
1868-33 After the elapse of the thirty (30) day period during which third
1869-34 party service providers may respond to the bureau's publication
1870-35 under this subdivision, the bureau shall notify each responding
1871-36 third party service provider as to whether the third party service
1872-37 provider has met the qualifications established by the bureau
1873-38 under subdivision (1) and is approved to participate in the
1874-39 statewide electronic lien and title system.
1875-40 (3) Not later than thirty (30) days after receiving a notice of
1876-41 approval from the bureau under subdivision (2), each qualified
1877-42 service provider shall remit to the bureau a payment in an amount
1878-HB 1100—LS 6770/DI 125 44
1879-1 equal to the total development costs of the system divided by the
1880-2 total number of qualified service providers participating in the
1881-3 system.
1882-4 (4) If a third party service provider that did not:
1883-5 (A) submit proof of its qualifications under subdivision (2); or
1884-6 (B) pay initial development costs under subdivision (3);
1885-7 later wishes to participate in the system, the third party service
1886-8 provider may apply to the bureau to participate in the system. The
1887-9 bureau shall allow the third party service provider to participate
1888-10 in the system if the third party service provider meets the
1889-11 qualifications established by the bureau under subdivision (1) and
1890-12 pays to the department the third party service provider's
1891-13 proportional share of the system development costs.
1892-14 (5) Each qualified service provider shall remit to the bureau, on
1893-15 a date prescribed by the bureau, an annual fee established by the
1894-16 bureau and not to exceed three thousand dollars ($3,000), to be
1895-17 used for the operation and maintenance of the system.
1896-18 (6) A contract entered into between the bureau and a qualified
1897-19 service provider may not provide for any costs or charges payable
1898-20 by the bureau to the qualified service provider.
1899-21 (7) Upon the implementation of a statewide electronic lien and
1900-22 title system under this section, a qualified service provider may
1901-23 charge participating lienholders or their agents transaction fees
1902-24 consistent with market pricing. A fee under this subdivision may
1903-25 not be charged to a state agency or its agents for lien notification,
1904-26 lien release, lien assignment, or lien transfer.
1905-27 (8) The contract between the bureau and a qualified service
1906-28 provider must include provisions specifically prohibiting the
1907-29 qualified service provider from using information concerning
1908-30 vehicle titles for any commercial, marketing, business, or other
1909-31 purpose not specifically contemplated by this chapter.
1910-32 (h) Subject to subsection (i), the bureau shall implement, and allow
1911-33 or require the use of, a statewide electronic lien and title system under
1912-34 this section as follows:
1913-35 (1) A statewide electronic lien system that is capable of
1914-36 processing:
1915-37 (A) certificate of title data in which a lien is notated; and
1916-38 (B) the notification, maintenance, and release of security
1917-39 interests in vehicles;
1918-40 through electronic means must be made available for voluntary
1919-41 use by vehicle lienholders not later than February 1, 2022.
1920-42 (2) Subject to subsection (j)(5), the bureau shall require that the
1921-HB 1100—LS 6770/DI 125 45
1922-1 statewide electronic lien system made available under subdivision
1923-2 (1) be used for processing:
1924-3 (A) certificate of title data in which a lien is notated; and
1925-4 (B) the notification, maintenance, and release of security
1926-5 interests in vehicles;
1927-6 after June 30, 2022.
1928-7 (3) A statewide electronic title system capable of processing
1929-8 vehicle titles through electronic means must be made available for
1930-9 voluntary use by vehicle dealers, lienholders, and owners not later
1931-10 than July 1, 2022.
1932-11 (4) The bureau shall require that the statewide electronic title
1933-12 system made available under subdivision (3) be used for
1934-13 processing vehicle titles after June 30, 2023.
1935-14 (i) Subsection (h) does not prohibit the bureau or any:
1936-15 (1) qualified vendor with whom the bureau contracts under
1937-16 subsection (f); or
1938-17 (2) qualified service provider with whom the bureau contracts
1939-18 under subsection (g);
1940-19 from implementing, making available, or requiring the use of a
1941-20 statewide electronic lien system described in subsection (h)(1) at the
1942-21 same time as, or in conjunction with, a statewide electronic title system
1943-22 described in subsection (h)(3), or from implementing, making
1944-23 available, or requiring the use of a statewide electronic lien system
1945-24 described in subsection (h)(1) or a statewide electronic title system
1946-25 described in subsection (h)(3) before the applicable dates otherwise set
1947-26 forth in subsection (h).
1948-27 (j) The following apply to the use of a statewide electronic lien
1949-28 system described in subsection (h)(1):
1950-29 (1) Notwithstanding section 5(b) of this chapter, if there are one
1951-30 (1) or more liens or encumbrances on a motor vehicle, the bureau
1952-31 may electronically transmit the lien to the first lienholder and
1953-32 notify the first lienholder of any additional liens. Subsequent lien
1954-33 satisfactions may be electronically transmitted to the bureau and
1955-34 must include the name and address of the person satisfying the
1956-35 lien.
1957-36 (2) Whenever the electronic transmission of lien notifications and
1958-37 lien satisfactions is used, a certificate of title need not be issued
1959-38 until the last lien is satisfied and a clear certificate of title can be
1960-39 issued to the owner of the motor vehicle. The bureau may print or
1961-40 issue electronically the clear certificate of title to the owner or
1962-41 subsequent assignee of the motor vehicle.
1963-42 (3) If a motor vehicle is subject to an electronic lien, the
1964-HB 1100—LS 6770/DI 125 46
1965-1 certificate of title for the motor vehicle is considered to be
1966-2 physically held by the lienholder for purposes of compliance with
1967-3 state or federal odometer disclosure requirements.
1968-4 (4) A certified copy of the bureau's electronic record of a lien is
1969-5 admissible in any civil, criminal, or administrative proceeding in
1970-6 Indiana as evidence of the existence of the lien. If a certificate of
1971-7 title is maintained electronically in a statewide electronic title
1972-8 system described in subsection (h)(3), a certified copy of the
1973-9 bureau's electronic record of the certificate of title is admissible
1974-10 in any civil, criminal, or administrative proceeding in Indiana as
1975-11 evidence of the existence and contents of the certificate of title.
1976-12 (5) All individuals and lienholders who conduct at least twelve
1977-13 (12) lien transactions annually must use the statewide electronic
1978-14 lien and title system implemented under this section to record
1979-15 information concerning the perfection and release of a security
1980-16 interest in a vehicle.
1981-17 (6) An electronic notice or release of a lien made through the
1982-18 statewide electronic lien and title system implemented under this
1983-19 section has the same force and effect as a notice or release of a
1984-20 lien made on a paper document.
1985-21 (7) The bureau may convert an existing paper lien to an electronic
1986-22 lien upon request of the primary lienholder. The bureau, or a third
1987-23 party contracting with the bureau under this section, is authorized
1988-24 to collect a fee not to exceed three dollars ($3) for each
1989-25 conversion performed under this subdivision. A fee under this
1990-26 subdivision may not be charged to a state agency or its agents.
1991-27 (8) Notwithstanding section 5 of this chapter, any requirement
1992-28 that a security interest or other information appear on a certificate
1993-29 of title is satisfied by the inclusion of that information in an
1994-30 electronic file maintained in an electronic title system.
1995-31 (k) Nothing in this section precludes the bureau from collecting a
1996-32 title fee for the preparation and issuance of a title.
1997-33 (l) The bureau may adopt rules under IC 4-22-2 to implement this
1998-34 section, including emergency rules in the manner provided by
1999-35 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
2000-36 provided in IC 4-22-2-37.1, an emergency rule adopted by the bureau
2474+35 JULY 1, 2022]: Sec. 101. (a) This article shall be known and may be
2475+36 cited as the First Lien Mortgage Lending Act.
2476+37 (b) Notwithstanding any other provision of this article or IC 24-4.5,
2477+38 but except as provided in IC 4-22-2-37.1, the department may adopt
2478+39 emergency rules under IC 4-22-2-37.1, to remain effective until
2479+40 codified in the Indiana Code, in order to provide for a system of
2480+41 licensing creditors and mortgage loan originators that meets the
2481+42 requirements of:
2482+HB 1100—LS 6770/DI 125 58
2483+1 (1) the Secure and Fair Enforcement for Mortgage Licensing Act
2484+2 of 2008 (H.R. 3221 Title V) and the interpretations of that Act
2485+3 issued by the Secretary of Housing and Urban Development and
2486+4 the Consumer Financial Protection Bureau; and
2487+5 (2) the subsequent amendment of the Secure and Fair
2488+6 Enforcement for Mortgage Licensing Act of 2008 by the
2489+7 Economic Growth, Regulatory Relief, and Consumer Protection
2490+8 Act (P.L. 115-174, 132 Stat. 1296).
2491+9 SECTION 57. IC 24-4.5-1-106, AS AMENDED BY P.L.85-2020,
2492+10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2493+11 JULY 1, 2022]: Sec. 106. (1) The dollar amounts in this article
2494+12 designated as subject to change shall change, as provided in this
2495+13 section, according to the Consumer Price Index for Urban Wage
2496+14 Earners and Clerical Workers: U.S. City Average, All Items, 1957-59
2497+15 equals 100, compiled by Bureau of Labor Statistics, United States
2498+16 Department of Labor, and referred to in this section as the Index. The
2499+17 Index for October, 1971, is the Reference Base Index.
2500+18 (2) The dollar amounts shall change on January 1 of each
2501+19 odd-numbered year if the percentage of change, calculated to the
2502+20 nearest whole percentage point, between the Index at the end of the
2503+21 preceding odd-numbered year and the Reference Base Index is ten
2504+22 percent (10%) or more, except that:
2505+23 (a) the portion of the percentage change in the Index in excess of
2506+24 a multiple of ten percent (10%) shall be disregarded and the
2507+25 dollar amounts shall change only in multiples of ten percent
2508+26 (10%) of the amounts on March 5, 1971;
2509+27 (b) the dollar amounts shall not change if the amounts required by
2510+28 this section are those currently in effect pursuant to this article as
2511+29 a result of earlier application of the section; and
2512+30 (c) in no event shall the dollar amounts be reduced below the
2513+31 amounts appearing in this article on March 5, 1971.
2514+32 (3) If the Index is revised after December 1967, the percentage of
2515+33 change shall be calculated on the basis of the revised Index. If the
2516+34 revision of the Index changes the Reference Base Index, a revised
2517+35 Reference Base Index shall be determined by multiplying the
2518+36 Reference Base Index by the ratio of the revised Index to the current
2519+37 Index, as each was for the first month in which the revised Index is
2520+38 available. If the Index is superseded, the Index is the one represented
2521+39 by the Bureau of Labor Statistics as reflecting most accurately changes
2522+40 in the purchasing power of the dollar for consumers.
2523+41 (4) The department shall issue an emergency rule under
2524+42 IC 4-22-2-37.1 announcing:
2525+HB 1100—LS 6770/DI 125 59
2526+1 (a) sixty (60) days before January 1 of each odd-numbered year
2527+2 in which dollar amounts are to change, the changes in dollar
2528+3 amounts required by subsection (2); and
2529+4 (b) promptly after the changes occur, changes in the Index
2530+5 required by subsection (3), including, when applicable, the
2531+6 numerical equivalent of the Reference Base Index under a revised
2532+7 Reference Base Index and the designation or title of any index
2533+8 superseding the Index.
2534+9 Except as provided in IC 4-22-2-37.1, an emergency rule adopted
2535+10 under this subsection expires on the date the department is next
2536+11 required to issue a rule under this subsection.
2537+12 (5) A person does not violate this article through a transaction
2538+13 otherwise complying with this article if the person relies on dollar
2539+14 amounts either determined according to subsection (2) or appearing in
2540+15 the last rule of the department announcing the then current dollar
2541+16 amounts.
2542+17 SECTION 58. IC 24-4.5-6-107, AS AMENDED BY P.L.137-2014,
2543+18 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2544+19 JULY 1, 2022]: Sec. 107. (1) Except as otherwise provided,
2545+20 IC 4-21.5-3 governs all agency action taken by the department under
2546+21 this chapter or IC 24-4.5-3-501 through IC 24-4.5-3-513. All
2547+22 proceedings for administrative review under IC 4-21.5-3 or judicial
2548+23 review under IC 4-21.5-5 shall be held in Marion County. The
2549+24 provisions of IC 4-22-2 prescribing procedures for the adoption of rules
2550+25 by agencies apply to the adoption of rules by the department of
2551+26 financial institutions under this article. However, if the department
2552+27 declares an emergency in the document containing the rule, the
2553+28 department may adopt rules permitted by this chapter under
2554+29 IC 4-22-2-37.1.
2555+30 (2) Except as provided in IC 4-22-2-37.1, a rule under subsection
2556+31 (1) adopted under IC 4-22-2-37.1 expires on the date the department
2557+32 next adopts a rule under the statute authorizing or requiring the rule.
2558+33 SECTION 59. IC 24-5-26.5-13, AS ADDED BY P.L.176-2021,
2559+34 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2560+35 JULY 1, 2022]: Sec. 13. The attorney general may adopt rules under
2561+36 IC 4-22-2, including emergency rules in the manner provided under
2562+37 IC 4-22-2-37.1, to carry out this chapter. Except as provided in
2563+38 IC 4-22-2-37.1, an emergency rule adopted by the attorney general
2564+39 under this section expires on the earlier of the following dates:
2565+40 (1) The expiration date in the emergency rule.
2566+41 (2) The date the emergency rule is amended or repealed by a later
2567+42 rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
2568+HB 1100—LS 6770/DI 125 60
2569+1 IC 4-22-2-37.1.
2570+2 SECTION 60. IC 24-14-10-3, AS ADDED BY P.L.281-2019,
2571+3 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2572+4 JULY 1, 2022]: Sec. 3. The attorney general may adopt rules under
2573+5 IC 4-22-2 to implement this article, including emergency rules in the
2574+6 manner provided by IC 4-22-2-37.1. Notwithstanding
2575+7 IC 4-22-2-37.1(g), Except as provided in IC 4-22-2-37.1, an
2576+8 emergency rule adopted by the attorney general under this section and
2577+9 in the manner provided by IC 4-22-2-37.1 expires on the date on which
2578+10 a rule that supersedes the emergency rule is adopted by the attorney
2579+11 general under IC 4-22-2-24 through IC 4-22-2-36.
2580+12 SECTION 61. IC 25-1-1.1-6, AS AMENDED BY P.L.90-2019,
2581+13 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2582+14 JULY 1, 2022]: Sec. 6. (a) This section applies to a license or
2583+15 certificate under this title that is in effect on July 1, 2018, or created on
2584+16 or established after that date.
2585+17 (b) As used in this section, "crime" has the meaning set forth in
2586+18 IC 33-23-1-4.
2587+19 (c) As used in this section, "criminal history information" has the
2588+20 meaning set forth in IC 5-2-4-1.
2589+21 (d) Not later than November 1, 2018, a board, commission, or
2590+22 committee shall revise its licensing or certification requirements to the
2591+23 extent necessary to explicitly list the crimes that may disqualify an
2592+24 individual from receiving a license or certificate under this title. The
2593+25 board, commission, or committee may not:
2594+26 (1) use nonspecific terms, such as moral turpitude or good
2595+27 character, as a licensing or certification requirement; or
2596+28 (2) consider an arrest that does not result in a conviction.
2597+29 (e) A board's, commission's, or committee's use of an individual's
2598+30 conviction of a crime as a conviction of concern is limited to a crime
2599+31 directly related to the duties and responsibilities of the occupation or
2600+32 profession for which the individual is applying for or holds a license or
2601+33 certification.
2602+34 (f) If an individual has a conviction of concern, the period of
2603+35 disqualification may not exceed five (5) years after the date of the
2604+36 conviction, unless the individual:
2605+37 (1) was convicted of a crime of violence (as defined by
2606+38 IC 35-50-1-2(a));
2607+39 (2) was convicted of an offense relating to a criminal sexual act
2608+40 (as defined by IC 35-31.5-2-216); or
2609+41 (3) is convicted of a second or subsequent crime during the
2610+42 disqualification period.
2611+HB 1100—LS 6770/DI 125 61
2612+1 (g) An individual having a conviction of concern may at any time
2613+2 petition a board, commission, or committee requiring a license or
2614+3 certificate for a determination as to whether the individual's conviction
2615+4 of concern will disqualify the individual from receiving the license or
2616+5 certification. An individual filing a petition under this subsection shall
2617+6 submit the following:
2618+7 (1) At no expense to the state, a national criminal background
2619+8 check by the Federal Bureau of Investigation.
2620+9 (2) Any additional information requested by the board,
2621+10 commission, or committee to assist the board, commission, or
2622+11 committee in its review of the individual's petition.
2623+12 (h) If an individual has a conviction of concern, the board,
2624+13 commission, or committee shall consider the following in determining
2625+14 whether to deny a license or certification to the individual based on the
2626+15 following factors:
2627+16 (1) The nature and seriousness of the crime for which the
2628+17 individual was convicted.
2629+18 (2) The passage of time since the commission of the crime.
2630+19 (3) The relationship of the crime to the ability, capacity, and
2631+20 fitness required to perform the duties and discharge the
2632+21 responsibilities of the occupation.
2633+22 (4) Evidence of rehabilitation or treatment undertaken by the
2634+23 individual that might mitigate against a direct relation to the
2635+24 ability, capacity, and fitness required to perform the duties and
2636+25 discharge the responsibilities of the occupation.
2637+26 (i) If a board, commission, or committee determines an individual's
2638+27 conviction of concern disqualifies the individual from receiving a
2639+28 license or certification solely or in part because of the individual's
2640+29 criminal history, the board, commission, or committee shall notify the
2641+30 individual in writing of the following:
2642+31 (1) The grounds and reasons for the denial or disqualification.
2643+32 (2) The individual has the right to a hearing to challenge the
2644+33 licensing authority's decision.
2645+34 (3) The earliest date the individual may reapply for a license or
2646+35 certification or the earliest date the individual can petition the
2647+36 board, commission, or committee for a review.
2648+37 (4) Evidence of rehabilitation may be considered upon
2649+38 reapplication.
2650+39 (5) Findings for each of the factors specified in subdivisions (1)
2651+40 through (4).
2652+41 Any written determination that an individual's criminal history contains
2653+42 a conviction of concern that merits the denial of a license must be
2654+HB 1100—LS 6770/DI 125 62
2655+1 documented in written findings under subdivision (1) by clear and
2656+2 convincing evidence sufficient for review by a court. In an
2657+3 administrative hearing or a civil action reviewing the denial of a
2658+4 license, a board, commission, or committee has the burden of proof on
2659+5 the question of whether the individual's criminal history, based on the
2660+6 standards provided in subsection (h), should lead to the denial of a
2661+7 license.
2662+8 (j) The board, commission, or committee shall inform the individual
2663+9 of its determination concerning the individual's petition not later than
2664+10 sixty (60) days after the petition, criminal history information, and any
2665+11 other information requested under subsection (g) is received by the
2666+12 board, commission, or committee.
2667+13 (k) The board, commission, or committee may charge a fee
2668+14 established under IC 25-1-8 that does not exceed twenty-five dollars
2669+15 ($25) to pay its costs of reviewing a petition filed under subsection (g).
2670+16 (l) A board, commission, or committee may adopt rules under
2671+17 IC 4-22-2 to implement this section, including emergency rules under
2672+18 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
2673+19 provided in IC 4-22-2-37.1, an emergency rule adopted by the board,
2674+20 commission, or committee under this section and in the manner
2675+21 provided by IC 4-22-2-37.1 expires on the date on which a rule that
2676+22 supersedes the emergency rule is adopted by the board, commission, or
2677+23 committee under IC 4-22-2-24 through IC 4-22-2-36.
2678+24 SECTION 62. IC 25-2.1-2-16, AS ADDED BY P.L.25-2012,
2679+25 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2680+26 JULY 1, 2022]: Sec. 16. (a) The board may adopt a rule under
2681+27 IC 4-22-2-37.1 to incorporate by reference into a rule the latest
2682+28 statement, edition, or compilation of the professional standards
2683+29 governing the competent practice of accountancy that are:
2684+30 (1) enacted in a federal or state statute, rule, or regulation; or
2685+31 (2) adopted by an agent of the United States, a state, or a
2686+32 nationally recognized organization or association, including the
2687+33 AICPA, the International Accounting Standards Board, and the
2688+34 Public Company Accounting Oversight Board.
2689+35 (b) The board may, by resolution, authorize the executive director
2690+36 of the Indiana professional licensing agency to adopt one (1) or more
2691+37 rules described in subsection (a) on behalf of the board. The
2692+38 authorization may be limited as determined by the board. The board
2693+39 may revise or terminate an authorization by resolution. The executive
2694+40 director of the Indiana professional licensing agency shall adopt rules
2695+41 under IC 4-22-2-37.1 in conformity with the resolution adopted by the
2696+42 board. A rule adopted on behalf of the board by the executive director
2697+HB 1100—LS 6770/DI 125 63
2698+1 must:
2699+2 (1) be signed by the executive director;
2700+3 (2) specify on the signature page that the executive director is
2701+4 acting on behalf of the board; and
2702+5 (3) be submitted to the publisher of the Indiana Register under
2703+6 IC 4-22-2-37.1 with a copy of the resolution authorizing the
2704+7 rulemaking.
2705+8 A rule adopted by the executive director in conformity with this
2706+9 subsection shall be treated as a rule of the board.
2707+10 (c) Except as provided in IC 4-22-2-37.1, a rule described in
2708+11 subsection (a) or (b) expires on the later of the date:
2709+12 (1) specified in the rule; or
2710+13 (2) that another rule becomes effective that amends or repeals the
2711+14 previously issued rule.
2712+15 SECTION 63. IC 25-26-13-31.7, AS AMENDED BY P.L.207-2021,
2713+16 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2714+17 JULY 1, 2022]: Sec. 31.7. (a) Subject to rules adopted under
2715+18 subsection (c), a pharmacy technician may administer an influenza or
2716+19 coronavirus disease immunization to an individual under a drug order
2717+20 or prescription.
2718+21 (b) Subject to rules adopted under subsection (c), a pharmacy
2719+22 technician may administer an influenza or coronavirus disease
2720+23 immunization to an individual or a group of individuals under a drug
2721+24 order, under a prescription, or according to a protocol approved by a
2722+25 physician.
2723+26 (c) The board shall adopt rules under IC 4-22-2 to establish
2724+27 requirements applying to a pharmacy technician who administers an
2725+28 influenza or coronavirus disease immunization to an individual or
2726+29 group of individuals. The rules adopted under this section must provide
2727+30 for the direct supervision of the pharmacy technician by a pharmacist,
2728+31 a physician, a physician assistant, or an advanced practice registered
2729+32 nurse. Before July 1, 2021, the board shall adopt emergency rules
2730+33 under IC 4-22-2-37.1 to establish the requirements described in this
2731+34 subsection concerning the influenza immunization and the coronavirus
2732+35 disease immunization. Notwithstanding IC 4-22-2-37.1(g), Except as
2733+36 provided in IC 4-22-2-37.1, an emergency rule adopted by the board
20012734 37 under this subsection and in the manner provided by IC 4-22-2-37.1
20022735 38 expires on the date on which a rule that supersedes the emergency rule
2003-39 is adopted by the bureau under IC 4-22-2-24 through IC 4-22-2-36.
2004-40 SECTION 40. IC 9-20-1-5, AS ADDED BY P.L.198-2016,
2005-41 SECTION 338, IS AMENDED TO READ AS FOLLOWS
2006-42 [EFFECTIVE JULY 1, 2022]: Sec. 5. The Indiana department of
2007-HB 1100—LS 6770/DI 125 47
2008-1 transportation shall adopt emergency rules in the manner provided
2009-2 under IC 4-22-2-37.1 for the:
2010-3 (1) issuance, fee structure, and enforcement of permits for
2011-4 overweight divisible loads;
2012-5 (2) fee structure of permits for loads on extra heavy duty
2013-6 highways; and
2014-7 (3) fee structure of permits for overweight loads.
2015-8 Except as provided in IC 4-22-2-37.1, a rule adopted under this
2016-9 section expires only with the adoption of a new superseding rule.
2017-10 SECTION 41. IC 9-30-6-5.5, AS AMENDED BY P.L.40-2012,
2018-11 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2019-12 JULY 1, 2022]: Sec. 5.5. (a) Notwithstanding IC 4-22-2, to implement
2020-13 P.L.1-2000, the director of the department of toxicology of the Indiana
2021-14 University School of Medicine may adopt a rule required under section
2022-15 5 of this chapter, section 6 of this chapter, or both in the manner
2023-16 provided for emergency rules under IC 4-22-2-37.1.
2024-17 (b) A rule adopted under this section is effective when it is filed
2025-18 with the secretary of state and, except as provided in IC 4-22-2-37.1,
2026-19 expires on the latest of the following:
2027-20 (1) The date that the director adopts another emergency rule
2028-21 under this section to amend, repeal, or otherwise supersede the
2029-22 previously adopted emergency rule.
2030-23 (2) The date that the director adopts a permanent rule under
2031-24 IC 4-22-2 to amend, repeal, or otherwise supersede the previously
2032-25 adopted emergency rule.
2033-26 (3) July 1, 2001.
2034-27 (c) For the purposes of IC 9-30-7-4, IC 14-15-8-14 (before its
2035-28 repeal), IC 35-46-9, and other statutes, the provisions of a rule adopted
2036-29 under this section shall be treated as a requirement under section 5 of
2037-30 this chapter, section 6 of this chapter, or both as appropriate.
2038-31 SECTION 42. IC 12-13-16-13, AS ADDED BY P.L.73-2020,
2039-32 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2040-33 JULY 1, 2022]: Sec. 13. (a) The office of the secretary may adopt rules
2041-34 under IC 4-22-2 necessary to implement this chapter.
2042-35 (b) The office of the secretary may adopt emergency rules under
2043-36 IC 4-22-2-37.1 to implement this chapter on an emergency basis.
2044-37 (c) Except as provided in IC 4-22-2-37.1, an emergency rule or an
2045-38 amendment to an emergency rule adopted under this section expires not
2046-39 later than one (1) year after the rule is accepted for filing under
2047-40 IC 4-22-2-37.1(e).
2048-41 SECTION 43. IC 13-14-8-1, AS AMENDED BY P.L.140-2013,
2049-42 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2050-HB 1100—LS 6770/DI 125 48
2051-1 JULY 1, 2022]: Sec. 1. (a) The board may:
2052-2 (1) adopt;
2053-3 (2) repeal;
2054-4 (3) rescind; or
2055-5 (4) amend;
2056-6 rules and standards by proceeding in the manner prescribed in
2057-7 IC 4-22-2 and IC 13-14-9.
2058-8 (b) The board may adopt an emergency rule under IC 4-22-2-37.1
2059-9 to comply with a deadline required by or other date provided by federal
2060-10 law if:
2061-11 (1) the variance procedures are included in the rule; and
2062-12 (2) permits or licenses granted during the period the emergency
2063-13 rule is in effect are reviewed after the emergency rule expires.
2064-14 Except as provided in IC 4-22-2-37.1, an emergency rule adopted
2065-15 under this subsection may be extended for two (2) extension periods by
2066-16 adopting another rule under IC 4-22-2-37.1. IC 4-22-2-37.1(g)(3) does
2067-17 not apply to an emergency rule adopted under this subsection.
2068-18 SECTION 44. IC 13-14-9-4, AS AMENDED BY P.L.218-2016,
2069-19 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2070-20 JULY 1, 2022]: Sec. 4. (a) The department shall provide notice in the
2071-21 Indiana Register of the second public comment period required by
2072-22 section 2 of this chapter. A notice provided under this section must do
2073-23 the following:
2074-24 (1) Contain the full text of the proposed rule, to the extent
2075-25 required under IC 4-22-2-24(c).
2076-26 (2) Contain a summary of the response of the department to
2077-27 written comments submitted under section 3 of this chapter
2078-28 during the first public comment period.
2079-29 (3) Request the submission of comments, including suggestions
2080-30 of specific amendments to the language contained in the proposed
2081-31 rule.
2082-32 (4) Contain the full text of the commissioner's written findings
2083-33 under section 7 of this chapter, if applicable.
2084-34 (5) Identify each element of the proposed rule that imposes a
2085-35 restriction or requirement on persons to whom the proposed rule
2086-36 applies that:
2087-37 (A) is more stringent than a restriction or requirement imposed
2088-38 under federal law; or
2089-39 (B) applies in a subject area in which federal law does not
2090-40 impose a restriction or requirement.
2091-41 (6) With respect to each element identified under subdivision (5),
2092-42 identify:
2093-HB 1100—LS 6770/DI 125 49
2094-1 (A) the environmental circumstance or hazard that dictates the
2095-2 imposition of the proposed restriction or requirement to
2096-3 protect human health and the environment;
2097-4 (B) examples in which federal law is inadequate to provide the
2098-5 protection referred to in clause (A); and
2099-6 (C) the:
2100-7 (i) estimated fiscal impact; and
2101-8 (ii) expected benefits;
2102-9 based on the extent to which the proposed rule is more
2103-10 stringent than the restrictions or requirements of federal law,
2104-11 or on the creation of restrictions or requirements in a subject
2105-12 area in which federal law does not impose restrictions or
2106-13 requirements.
2107-14 (7) For any element of the proposed rule that imposes a restriction
2108-15 or requirement that is more stringent than a restriction or
2109-16 requirement imposed under federal law or that applies in a subject
2110-17 area in which federal law does not impose restrictions or
2111-18 requirements, describe the availability for public inspection of all
2112-19 materials relied upon by the department in the development of the
2113-20 proposed rule, including, if applicable:
2114-21 (A) health criteria;
2115-22 (B) analytical methods;
2116-23 (C) treatment technology;
2117-24 (D) economic impact data;
2118-25 (E) environmental assessment data;
2119-26 (F) analyses of methods to effectively implement the proposed
2120-27 rule; and
2121-28 (G) other background data.
2122-29 (8) Identify whether the proposed rule imposes a penalty, fine,
2123-30 or other similar negative impact on a person or business, and
2124-31 if so, contain a written description of the penalty, fine, or
2125-32 other similar negative impact, and why the penalty, fine, or
2126-33 other similar negative impact is considered necessary.
2127-34 (b) The notice required under subsection (a):
2128-35 (1) shall be published electronically in the Indiana Register under
2129-36 procedures established by the publisher; and
2130-37 (2) if any element of the proposed rule to which the notice relates
2131-38 imposes a restriction or requirement that is more stringent than a
2132-39 restriction or requirement imposed under federal law, shall be
2133-40 submitted in an electronic format under IC 5-14-6 to the executive
2134-41 director of the legislative services agency, who shall present the
2135-42 notice to the legislative council established by IC 2-5-1.1-1; and
2136-HB 1100—LS 6770/DI 125 50
2137-1 (3) if the proposed rule imposes a penalty, fine, or other
2138-2 similar negative impact on a person or business as described
2139-3 in subsection (a)(8), shall be submitted by the publisher, in an
2140-4 electronic format under IC 5-14-6, to each member of the
2141-5 standing committee or standing committees that have subject
2142-6 matter jurisdiction most closely relating to the subject matter
2143-7 of the rule.
2144-8 (c) If the notice provided by the department concerning a proposed
2145-9 rule identifies, under subsection (a)(5), an element of the proposed rule
2146-10 that imposes a restriction or requirement more stringent than a
2147-11 restriction or requirement imposed under federal law, the proposed rule
2148-12 shall not become effective under this chapter until the adjournment sine
2149-13 die of the regular session of the general assembly that begins after the
2150-14 department provides the notice.
2151-15 (d) Subsections (b)(2) and (c) do not prohibit or restrict the
2152-16 commissioner, the department, or the board from:
2153-17 (1) adopting emergency rules under IC 4-22-2-37.1;
2154-18 (2) taking emergency action under IC 13-14-10; or
2155-19 (3) temporarily:
2156-20 (A) altering ordinary operating policies or procedures; or
2157-21 (B) implementing new policies or procedures;
2158-22 in response to an emergency situation.
2159-23 SECTION 45. IC 13-14-9.5-1.1 IS AMENDED TO READ AS
2160-24 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1.1. (a) This section
2161-25 applies to the following:
2162-26 (1) A rule that is required to receive or maintain:
2163-27 (A) delegation;
2164-28 (B) primacy; or
2165-29 (C) approval;
2166-30 for state implementation or operation of a program established
2167-31 under federal law.
2168-32 (2) A rule that is required to begin or continue receiving federal
2169-33 funding for the implementation or operation of a program.
2170-34 (b) A rule described in subsection (a) does not expire under this
2171-35 chapter.
2172-36 (c) In the seventh fourth year after the effective date of a rule or an
2173-37 amendment to a rule described in subsection (a), the department shall
2174-38 publish a notice in the Indiana Register. The notice may contain a list
2175-39 of several rules that have been effective for seven (7) four (4) years. A
2176-40 separate notice must be published for each board with rulemaking
2177-41 authority. A notice under this subsection must provide for the
2178-42 following:
2179-HB 1100—LS 6770/DI 125 51
2180-1 (1) A written comment period of at least thirty (30) days.
2181-2 (2) A request for comments on specific rules that should be
2182-3 reviewed through the regular rulemaking process under
2183-4 IC 13-14-9.
2184-5 (3) A notice of public hearing before the appropriate board.
2185-6 (4) The information required to be identified or described under
2186-7 IC 13-14-9-4(5) IC 13-14-9-4(a)(5) through IC 13-14-9-4(7)
2187-8 IC 13-14-9-4(a)(8) in the same manner that would apply if the
2188-9 proposed renewal of the expired rule were a proposal to adopt a
2189-10 new rule.
2190-11 (d) The department shall:
2191-12 (1) prepare responses to all comments received during the
2192-13 comment period; and
2193-14 (2) provide all comments and responses to the board during the
2194-15 public board hearing;
2195-16 described in subsection (c).
2196-17 (e) The board, after considering the written comments and
2197-18 responses, as well as testimony at the public hearing described in
2198-19 subsection (c), shall direct the department on whether additional
2199-20 rulemaking actions must be initiated to address concerns raised to the
2200-21 board.
2201-22 (f) For the rules described in subsection (a) that are effective on or
2202-23 before:
2203-24 (1) July 1, 2001, the notice described in subsection (c) shall be
2204-25 published in the Indiana Register before December 31, 2008; or
2205-26 (2) July 1, 2022, the notice described in subsection (c) shall be
2206-27 published in the Indiana Register not later than June 30, 2026.
2207-28 SECTION 46. IC 13-14-9.5-2, AS AMENDED BY P.L.215-2005,
2208-29 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2209-30 JULY 1, 2022]: Sec. 2. (a) Except as provided in subsection (b) or
2210-31 section 1.1 of this chapter, an administrative rule adopted under
2211-32 IC 13-14-9 expires January 1 of the seventh year after the year in which
2212-33 the rule takes effect, unless the rule contains an earlier expiration date.
2213-34 The expiration date of a rule under this section is extended each time
2214-35 that a rule amending an unexpired rule takes effect. The rule, as
2215-36 amended, expires on January 1 of the seventh year after the year in
2216-37 which the amendment takes effect.
2217-38 (b) An administrative rule that:
2218-39 (1) was adopted under a provision of IC 13 that has been repealed
2219-40 by a recodification of IC 13;
2220-41 (2) is in force on December 31, 1995; and
2221-42 (3) is not amended by a rule that takes effect after December 31,
2222-HB 1100—LS 6770/DI 125 52
2223-1 1995, and before January 1, 2002;
2224-2 expires not later than January 1, 2002.
2225-3 (c) The determination of whether an administrative rule expires
2226-4 under this chapter shall be applied at the level of an Indiana
2227-5 Administrative Code section.
2228-6 SECTION 47. IC 13-14-9.5-2.1 IS ADDED TO THE INDIANA
2229-7 CODE AS A NEW SECTION TO READ AS FOLLOWS
2230-8 [EFFECTIVE JULY 1, 2022]: Sec. 2.1. (a) Except as provided in
2231-9 subsection (b) or section 1.1 of this chapter, an administrative rule
2232-10 adopted under IC 13-14-9 expires July 1 of the fourth year after
2233-11 the year in which the rule takes effect, unless the rule contains an
2234-12 earlier expiration date. The expiration date of a rule under this
2235-13 section is extended each time that a rule amending an unexpired
2236-14 rule takes effect. The rule, as amended, expires on July 1 of the
2237-15 fourth year after the year in which the amendment takes effect.
2238-16 (b) This subsection applies to an administrative rule that:
2239-17 (1) was adopted under IC 4-22-2 or IC 13-14-9, or readopted
2240-18 under IC 4-22-2.5 or this chapter after December 31, 2015,
2241-19 and before January 1, 2020; and
2242-20 (2) is in force on June 30, 2022.
2243-21 The expiration date of a rule described in this subsection is
2244-22 extended under this subsection if the agency intends to readopt the
2245-23 rule. The rule expires on July 1, 2024.
2246-24 SECTION 48. IC 13-14-9.5-3 IS AMENDED TO READ AS
2247-25 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The department
2248-26 or a board that has rulemaking authority under this title may adopt a
2249-27 rule under IC 13-14-9 in anticipation of a rule's expiration under this
2250-28 chapter.
2251-29 (b) Except as provided in section 5 of this chapter, the department
2252-30 or a board that has rulemaking authority under this title may not use
2253-31 emergency rule procedures to readopt a rule that is subject to expiration
2254-32 under this chapter.
2255-33 (c) This subsection applies to a rule that expires under this
2256-34 chapter after June 30, 2024. Subject to subsection (f), before the
2257-35 department or a board that has rulemaking authority under this
2258-36 title may readopt a rule under this section, and not later than
2259-37 January 1 of the third year after the year in which the rule most
2260-38 recently took effect, the department or board shall provide notice
2261-39 of the pending readoption of the rule to the publisher. At the same
2262-40 time the agency provides notice of the pending readoption of the
2263-41 rule, the agency shall submit:
2264-42 (1) a copy of the rule;
2265-HB 1100—LS 6770/DI 125 53
2266-1 (2) any economic impact statement prepared concerning the
2267-2 rule; and
2268-3 (3) if the rule imposes a penalty, fine, or other similar negative
2269-4 impact on a person or business, a written description of the
2270-5 penalty, fine, or other similar negative impact, and why the
2271-6 penalty, fine, or other similar negative impact is considered
2272-7 necessary.
2273-8 (d) The publisher shall provide a copy of any materials
2274-9 submitted under subsection (c) in an electronic format under
2275-10 IC 5-14-6 to each member of the standing committee or standing
2276-11 committees that have subject matter jurisdiction most closely
2277-12 relating to the subject matter of the rule.
2278-13 (e) The publisher shall publish the materials submitted under
2279-14 subsection (c) in the Indiana Register.
2280-15 (f) If the department or a board that has rulemaking authority
2281-16 under this title intends to readopt a rule described in section 2.1(b)
2282-17 of this chapter, the department or board shall submit the materials
2283-18 under subsection (c) not later than January 1, 2023.
2284-19 SECTION 49. IC 13-14-9.5-5 IS AMENDED TO READ AS
2285-20 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. If a rule is not
2286-21 readopted and the governor finds that the failure to readopt the rule
2287-22 causes an emergency to exist, the governor may, by executive order
2288-23 issued before the rule's expiration date, postpone the expiration date of
2289-24 the rule until a date that is one (1) year after the date specified in
2290-25 section 2 2.1 of this chapter.
2291-26 SECTION 50. IC 13-15-4-3, AS AMENDED BY P.L.140-2013,
2292-27 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2293-28 JULY 1, 2022]: Sec. 3. (a) A board may adopt a rule under IC 4-22-2
2294-29 that changes a period described under section 1 of this chapter within
2295-30 which the commissioner must approve or deny an application:
2296-31 (1) if:
2297-32 (A) the general assembly enacts a statute;
2298-33 (B) a board adopts a rule; or
2299-34 (C) the federal government enacts a statute or adopts a
2300-35 regulation;
2301-36 that imposes a new requirement concerning a class of applications
2302-37 that makes it infeasible for the commissioner to approve or deny
2303-38 the application within the period;
2304-39 (2) if:
2305-40 (A) the general assembly enacts a statute;
2306-41 (B) a board adopts a rule; or
2307-42 (C) the federal government enacts a statute or adopts a
2308-HB 1100—LS 6770/DI 125 54
2309-1 regulation;
2310-2 that establishes a new permit program for which a period is not
2311-3 described under section 1 of this chapter; or
2312-4 (3) if some other significant factor concerning a class of
2313-5 applications makes it infeasible for the commissioner to approve
2314-6 or deny the application within the period.
2315-7 (b) A board may adopt a rule described in subsection (a) as an
2316-8 emergency rule under IC 4-22-2-37.1, if:
2317-9 (1) the variance procedures are included in the rule; and
2318-10 (2) permits or licenses granted during the period the emergency
2319-11 rule is in effect are reviewed after the emergency rule expires.
2320-12 If a board adopts an emergency rule under this subsection, the period
2321-13 described in section 1 of this chapter is suspended during the
2322-14 emergency rulemaking process. Except as provided in
2323-15 IC 4-22-2-37.1, an emergency rule adopted under this subsection may
2324-16 be extended for two (2) extension periods by adopting another
2325-17 emergency rule under IC 4-22-2-37.1. IC 4-22-2-37.1(g)(3) does not
2326-18 apply to an emergency rule adopted under this subsection.
2327-19 SECTION 51. IC 16-31-3-24, AS ADDED BY P.L.77-2012,
2328-20 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2329-21 JULY 1, 2022]: Sec. 24. The commission may implement a
2330-22 certification program for emergency services personnel regulated by
2331-23 the commission through emergency rules adopted under
2332-24 IC 4-22-2-37.1. Except as provided in IC 4-22-2-37.1, an emergency
2333-25 rule adopted under this section expires on the later of the following:
2334-26 (1) July 1, 2014.
2335-27 (2) The date permanent rules are adopted to replace the
2336-28 emergency rules.
2337-29 SECTION 52. IC 16-42-5-0.3, AS ADDED BY P.L.220-2011,
2338-30 SECTION 323, IS AMENDED TO READ AS FOLLOWS
2339-31 [EFFECTIVE JULY 1, 2022]: Sec. 0.3. (a) The state department of
2340-32 health may adopt rules establishing the initial schedule of civil
2341-33 penalties required under section 28 of this chapter, as added by
2342-34 P.L.266-2001, at any time after May 11, 2001, in the manner provided
2343-35 for the adoption of emergency rules under IC 4-22-2-37.1. Except as
2344-36 provided in IC 4-22-2-37.1, an emergency rule adopted under this
2345-37 section expires on the later of:
2346-38 (1) the date permanent rules are adopted to replace the emergency
2347-39 rules; or
2348-40 (2) July 1, 2003.
2349-41 (b) A corporation or local health department that, before January 1,
2350-42 2001, adopted monetary penalties for the violation of any state or local
2351-HB 1100—LS 6770/DI 125 55
2352-1 law or rule concerning food handling or food establishments may
2353-2 continue to enforce those locally prescribed monetary penalties
2354-3 (including the issuance of tickets or citations authorized by local law)
2355-4 and deposit the amounts collected as prescribed by local law until the
2356-5 later of:
2357-6 (1) the date permanent rules are adopted establishing the schedule
2358-7 of civil penalties required under section 28 of this chapter, as
2359-8 added by P.L.266-2001; or
2360-9 (2) July 1, 2003.
2361-10 SECTION 53. IC 20-49-10-13, AS ADDED BY P.L.211-2018(ss),
2362-11 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2363-12 JULY 1, 2022]: Sec. 13. (a) The state board, in consultation with the
2364-13 secured school safety board, may adopt:
2365-14 (1) rules under IC 4-22-2; or
2366-15 (2) emergency rules under IC 4-22-2-37.1;
2367-16 necessary to implement this chapter.
2368-17 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
2369-18 adopted by the state board under this section expires on the earlier of
2370-19 the following dates:
2371-20 (1) The expiration date stated in the emergency rule.
2372-21 (2) The date the emergency rule is amended or repealed by a later
2373-22 rule adopted under IC 4-22-2.
2374-23 SECTION 54. IC 22-13-2-11.5, AS AMENDED BY P.L.249-2019,
2375-24 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2376-25 JULY 1, 2022]: Sec. 11.5. (a) As used in this section, "NFPA 72" refers
2377-26 to NFPA 72, National Fire Alarm and Signaling Code, 2010 Edition,
2378-27 published by the National Fire Protection Association, 1 Batterymarch
2379-28 Park, Quincy, Massachusetts 02169-7471.
2380-29 (b) It is the intent of the general assembly that NFPA 72, as may be
2381-30 amended by the commission under subsection (c), be incorporated into
2382-31 the Indiana Administrative Code. Not later than July 1, 2014, the
2383-32 commission shall adopt rules under IC 4-22-2 to amend 675
2384-33 IAC 28-1-28 to incorporate NFPA 72 into the Indiana Administrative
2385-34 Code, subject to subsection (c)(1) and (c)(2). The commission may
2386-35 adopt emergency rules in the manner provided under IC 4-22-2-37.1 to
2387-36 comply with this subsection. Except as provided in IC 4-22-2-37.1,
2388-37 an emergency rule adopted by the commission under IC 4-22-2-37.1 to
2389-38 comply with this subsection expires on the date a rule that supersedes
2390-39 the emergency rule is adopted by the commission under IC 4-22-2-24
2391-40 through IC 4-22-2-36.
2392-41 (c) In adopting rules to incorporate NFPA 72 into the Indiana
2393-42 Administrative Code, as required by subsection (b), the commission
2394-HB 1100—LS 6770/DI 125 56
2395-1 may amend NFPA 72 as the commission considers appropriate.
2396-2 However, the rules finally adopted by the commission to comply with
2397-3 this section must do the following:
2398-4 (1) Incorporate the definition of, and associated requirements for:
2399-5 (A) a managed facilities-based voice network (MFVN); and
2400-6 (B) a public switched telephone network (PSTN);
2401-7 as set forth in NFPA 72.
2402-8 (2) Allow digital alarm communicator systems that make use of
2403-9 a managed facilities-based voice network (MFVN) to transmit
2404-10 signals from a fire alarm system to an offsite monitoring facility,
2405-11 subject to the requirements for those systems set forth in NFPA
2406-12 72.
2407-13 (d) If the commission does not comply with subsection (b), the
2408-14 following apply on July 1, 2014:
2409-15 (1) The definition of, and associated requirements for:
2410-16 (A) a managed facilities-based voice network (MFVN); and
2411-17 (B) a public switched telephone network (PSTN);
2412-18 as set forth in NFPA 72, are considered incorporated into the
2413-19 Indiana Administrative Code. Any provisions of 675 IAC 28-1-28
2414-20 (or any rules adopted by a state agency, or any ordinances or other
2415-21 regulations adopted by a political subdivision) that conflict with
2416-22 the definitions and requirements described in this subdivision are
2417-23 superseded by the definitions and requirements described in this
2418-24 subdivision. This subdivision continues to apply until the
2419-25 commission adopts rules that amend 675 IAC 28-1-28 to
2420-26 incorporate NFPA 72 into the Indiana Administrative Code and
2421-27 that comply with subsection (c)(1) and (c)(2).
2422-28 (2) A person that after June 30, 2014, installs or uses a digital
2423-29 alarm communicator system that:
2424-30 (A) makes use of a managed facilities-based voice network
2425-31 (MFVN) to transmit signals from a fire alarm system to an
2426-32 offsite monitoring facility; and
2427-33 (B) meets the requirements for such a system set forth in
2428-34 NFPA 72;
2429-35 is not required to obtain a variance under section 11 of this
2430-36 chapter for the installation or use.
2431-37 SECTION 55. IC 24-4.4-1-101, AS AMENDED BY P.L.129-2020,
2432-38 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2433-39 JULY 1, 2022]: Sec. 101. (a) This article shall be known and may be
2434-40 cited as the First Lien Mortgage Lending Act.
2435-41 (b) Notwithstanding any other provision of this article or IC 24-4.5,
2436-42 but except as provided in IC 4-22-2-37.1, the department may adopt
2437-HB 1100—LS 6770/DI 125 57
2438-1 emergency rules under IC 4-22-2-37.1, to remain effective until
2439-2 codified in the Indiana Code, in order to provide for a system of
2440-3 licensing creditors and mortgage loan originators that meets the
2441-4 requirements of:
2442-5 (1) the Secure and Fair Enforcement for Mortgage Licensing Act
2443-6 of 2008 (H.R. 3221 Title V) and the interpretations of that Act
2444-7 issued by the Secretary of Housing and Urban Development and
2445-8 the Consumer Financial Protection Bureau; and
2446-9 (2) the subsequent amendment of the Secure and Fair
2447-10 Enforcement for Mortgage Licensing Act of 2008 by the
2448-11 Economic Growth, Regulatory Relief, and Consumer Protection
2449-12 Act (P.L. 115-174, 132 Stat. 1296).
2450-13 SECTION 56. IC 24-4.5-1-106, AS AMENDED BY P.L.85-2020,
2451-14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2452-15 JULY 1, 2022]: Sec. 106. (1) The dollar amounts in this article
2453-16 designated as subject to change shall change, as provided in this
2454-17 section, according to the Consumer Price Index for Urban Wage
2455-18 Earners and Clerical Workers: U.S. City Average, All Items, 1957-59
2456-19 equals 100, compiled by Bureau of Labor Statistics, United States
2457-20 Department of Labor, and referred to in this section as the Index. The
2458-21 Index for October, 1971, is the Reference Base Index.
2459-22 (2) The dollar amounts shall change on January 1 of each
2460-23 odd-numbered year if the percentage of change, calculated to the
2461-24 nearest whole percentage point, between the Index at the end of the
2462-25 preceding odd-numbered year and the Reference Base Index is ten
2463-26 percent (10%) or more, except that:
2464-27 (a) the portion of the percentage change in the Index in excess of
2465-28 a multiple of ten percent (10%) shall be disregarded and the
2466-29 dollar amounts shall change only in multiples of ten percent
2467-30 (10%) of the amounts on March 5, 1971;
2468-31 (b) the dollar amounts shall not change if the amounts required by
2469-32 this section are those currently in effect pursuant to this article as
2470-33 a result of earlier application of the section; and
2471-34 (c) in no event shall the dollar amounts be reduced below the
2472-35 amounts appearing in this article on March 5, 1971.
2473-36 (3) If the Index is revised after December 1967, the percentage of
2474-37 change shall be calculated on the basis of the revised Index. If the
2475-38 revision of the Index changes the Reference Base Index, a revised
2476-39 Reference Base Index shall be determined by multiplying the
2477-40 Reference Base Index by the ratio of the revised Index to the current
2478-41 Index, as each was for the first month in which the revised Index is
2479-42 available. If the Index is superseded, the Index is the one represented
2480-HB 1100—LS 6770/DI 125 58
2481-1 by the Bureau of Labor Statistics as reflecting most accurately changes
2482-2 in the purchasing power of the dollar for consumers.
2483-3 (4) The department shall issue an emergency rule under
2484-4 IC 4-22-2-37.1 announcing:
2485-5 (a) sixty (60) days before January 1 of each odd-numbered year
2486-6 in which dollar amounts are to change, the changes in dollar
2487-7 amounts required by subsection (2); and
2488-8 (b) promptly after the changes occur, changes in the Index
2489-9 required by subsection (3), including, when applicable, the
2490-10 numerical equivalent of the Reference Base Index under a revised
2491-11 Reference Base Index and the designation or title of any index
2492-12 superseding the Index.
2493-13 Except as provided in IC 4-22-2-37.1, an emergency rule adopted
2494-14 under this subsection expires on the date the department is next
2495-15 required to issue a rule under this subsection.
2496-16 (5) A person does not violate this article through a transaction
2497-17 otherwise complying with this article if the person relies on dollar
2498-18 amounts either determined according to subsection (2) or appearing in
2499-19 the last rule of the department announcing the then current dollar
2500-20 amounts.
2501-21 SECTION 57. IC 24-4.5-6-107, AS AMENDED BY P.L.137-2014,
2502-22 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2503-23 JULY 1, 2022]: Sec. 107. (1) Except as otherwise provided,
2504-24 IC 4-21.5-3 governs all agency action taken by the department under
2505-25 this chapter or IC 24-4.5-3-501 through IC 24-4.5-3-513. All
2506-26 proceedings for administrative review under IC 4-21.5-3 or judicial
2507-27 review under IC 4-21.5-5 shall be held in Marion County. The
2508-28 provisions of IC 4-22-2 prescribing procedures for the adoption of rules
2509-29 by agencies apply to the adoption of rules by the department of
2510-30 financial institutions under this article. However, if the department
2511-31 declares an emergency in the document containing the rule, the
2512-32 department may adopt rules permitted by this chapter under
2513-33 IC 4-22-2-37.1.
2514-34 (2) Except as provided in IC 4-22-2-37.1, a rule under subsection
2515-35 (1) adopted under IC 4-22-2-37.1 expires on the date the department
2516-36 next adopts a rule under the statute authorizing or requiring the rule.
2517-37 SECTION 58. IC 24-5-26.5-13, AS ADDED BY P.L.176-2021,
2518-38 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2519-39 JULY 1, 2022]: Sec. 13. The attorney general may adopt rules under
2520-40 IC 4-22-2, including emergency rules in the manner provided under
2521-41 IC 4-22-2-37.1, to carry out this chapter. Except as provided in
2522-42 IC 4-22-2-37.1, an emergency rule adopted by the attorney general
2523-HB 1100—LS 6770/DI 125 59
2524-1 under this section expires on the earlier of the following dates:
2525-2 (1) The expiration date in the emergency rule.
2526-3 (2) The date the emergency rule is amended or repealed by a later
2527-4 rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
2528-5 IC 4-22-2-37.1.
2529-6 SECTION 59. IC 24-14-10-3, AS ADDED BY P.L.281-2019,
2530-7 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2531-8 JULY 1, 2022]: Sec. 3. The attorney general may adopt rules under
2532-9 IC 4-22-2 to implement this article, including emergency rules in the
2533-10 manner provided by IC 4-22-2-37.1. Notwithstanding
2534-11 IC 4-22-2-37.1(g), Except as provided in IC 4-22-2-37.1, an
2535-12 emergency rule adopted by the attorney general under this section and
2536-13 in the manner provided by IC 4-22-2-37.1 expires on the date on which
2537-14 a rule that supersedes the emergency rule is adopted by the attorney
2538-15 general under IC 4-22-2-24 through IC 4-22-2-36.
2539-16 SECTION 60. IC 25-1-1.1-6, AS AMENDED BY P.L.90-2019,
2540-17 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2541-18 JULY 1, 2022]: Sec. 6. (a) This section applies to a license or
2542-19 certificate under this title that is in effect on July 1, 2018, or created on
2543-20 or established after that date.
2544-21 (b) As used in this section, "crime" has the meaning set forth in
2545-22 IC 33-23-1-4.
2546-23 (c) As used in this section, "criminal history information" has the
2547-24 meaning set forth in IC 5-2-4-1.
2548-25 (d) Not later than November 1, 2018, a board, commission, or
2549-26 committee shall revise its licensing or certification requirements to the
2550-27 extent necessary to explicitly list the crimes that may disqualify an
2551-28 individual from receiving a license or certificate under this title. The
2552-29 board, commission, or committee may not:
2553-30 (1) use nonspecific terms, such as moral turpitude or good
2554-31 character, as a licensing or certification requirement; or
2555-32 (2) consider an arrest that does not result in a conviction.
2556-33 (e) A board's, commission's, or committee's use of an individual's
2557-34 conviction of a crime as a conviction of concern is limited to a crime
2558-35 directly related to the duties and responsibilities of the occupation or
2559-36 profession for which the individual is applying for or holds a license or
2560-37 certification.
2561-38 (f) If an individual has a conviction of concern, the period of
2562-39 disqualification may not exceed five (5) years after the date of the
2563-40 conviction, unless the individual:
2564-41 (1) was convicted of a crime of violence (as defined by
2565-42 IC 35-50-1-2(a));
2566-HB 1100—LS 6770/DI 125 60
2567-1 (2) was convicted of an offense relating to a criminal sexual act
2568-2 (as defined by IC 35-31.5-2-216); or
2569-3 (3) is convicted of a second or subsequent crime during the
2570-4 disqualification period.
2571-5 (g) An individual having a conviction of concern may at any time
2572-6 petition a board, commission, or committee requiring a license or
2573-7 certificate for a determination as to whether the individual's conviction
2574-8 of concern will disqualify the individual from receiving the license or
2575-9 certification. An individual filing a petition under this subsection shall
2576-10 submit the following:
2577-11 (1) At no expense to the state, a national criminal background
2578-12 check by the Federal Bureau of Investigation.
2579-13 (2) Any additional information requested by the board,
2580-14 commission, or committee to assist the board, commission, or
2581-15 committee in its review of the individual's petition.
2582-16 (h) If an individual has a conviction of concern, the board,
2583-17 commission, or committee shall consider the following in determining
2584-18 whether to deny a license or certification to the individual based on the
2585-19 following factors:
2586-20 (1) The nature and seriousness of the crime for which the
2587-21 individual was convicted.
2588-22 (2) The passage of time since the commission of the crime.
2589-23 (3) The relationship of the crime to the ability, capacity, and
2590-24 fitness required to perform the duties and discharge the
2591-25 responsibilities of the occupation.
2592-26 (4) Evidence of rehabilitation or treatment undertaken by the
2593-27 individual that might mitigate against a direct relation to the
2594-28 ability, capacity, and fitness required to perform the duties and
2595-29 discharge the responsibilities of the occupation.
2596-30 (i) If a board, commission, or committee determines an individual's
2597-31 conviction of concern disqualifies the individual from receiving a
2598-32 license or certification solely or in part because of the individual's
2599-33 criminal history, the board, commission, or committee shall notify the
2600-34 individual in writing of the following:
2601-35 (1) The grounds and reasons for the denial or disqualification.
2602-36 (2) The individual has the right to a hearing to challenge the
2603-37 licensing authority's decision.
2604-38 (3) The earliest date the individual may reapply for a license or
2605-39 certification or the earliest date the individual can petition the
2606-40 board, commission, or committee for a review.
2607-41 (4) Evidence of rehabilitation may be considered upon
2608-42 reapplication.
2609-HB 1100—LS 6770/DI 125 61
2610-1 (5) Findings for each of the factors specified in subdivisions (1)
2611-2 through (4).
2612-3 Any written determination that an individual's criminal history contains
2613-4 a conviction of concern that merits the denial of a license must be
2614-5 documented in written findings under subdivision (1) by clear and
2615-6 convincing evidence sufficient for review by a court. In an
2616-7 administrative hearing or a civil action reviewing the denial of a
2617-8 license, a board, commission, or committee has the burden of proof on
2618-9 the question of whether the individual's criminal history, based on the
2619-10 standards provided in subsection (h), should lead to the denial of a
2620-11 license.
2621-12 (j) The board, commission, or committee shall inform the individual
2622-13 of its determination concerning the individual's petition not later than
2623-14 sixty (60) days after the petition, criminal history information, and any
2624-15 other information requested under subsection (g) is received by the
2625-16 board, commission, or committee.
2626-17 (k) The board, commission, or committee may charge a fee
2627-18 established under IC 25-1-8 that does not exceed twenty-five dollars
2628-19 ($25) to pay its costs of reviewing a petition filed under subsection (g).
2629-20 (l) A board, commission, or committee may adopt rules under
2630-21 IC 4-22-2 to implement this section, including emergency rules under
2631-22 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
2632-23 provided in IC 4-22-2-37.1, an emergency rule adopted by the board,
2633-24 commission, or committee under this section and in the manner
2634-25 provided by IC 4-22-2-37.1 expires on the date on which a rule that
2635-26 supersedes the emergency rule is adopted by the board, commission, or
2636-27 committee under IC 4-22-2-24 through IC 4-22-2-36.
2637-28 SECTION 61. IC 25-2.1-2-16, AS ADDED BY P.L.25-2012,
2638-29 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2639-30 JULY 1, 2022]: Sec. 16. (a) The board may adopt a rule under
2640-31 IC 4-22-2-37.1 to incorporate by reference into a rule the latest
2641-32 statement, edition, or compilation of the professional standards
2642-33 governing the competent practice of accountancy that are:
2643-34 (1) enacted in a federal or state statute, rule, or regulation; or
2644-35 (2) adopted by an agent of the United States, a state, or a
2645-36 nationally recognized organization or association, including the
2646-37 AICPA, the International Accounting Standards Board, and the
2647-38 Public Company Accounting Oversight Board.
2648-39 (b) The board may, by resolution, authorize the executive director
2649-40 of the Indiana professional licensing agency to adopt one (1) or more
2650-41 rules described in subsection (a) on behalf of the board. The
2651-42 authorization may be limited as determined by the board. The board
2652-HB 1100—LS 6770/DI 125 62
2653-1 may revise or terminate an authorization by resolution. The executive
2654-2 director of the Indiana professional licensing agency shall adopt rules
2655-3 under IC 4-22-2-37.1 in conformity with the resolution adopted by the
2656-4 board. A rule adopted on behalf of the board by the executive director
2657-5 must:
2658-6 (1) be signed by the executive director;
2659-7 (2) specify on the signature page that the executive director is
2660-8 acting on behalf of the board; and
2661-9 (3) be submitted to the publisher of the Indiana Register under
2662-10 IC 4-22-2-37.1 with a copy of the resolution authorizing the
2663-11 rulemaking.
2664-12 A rule adopted by the executive director in conformity with this
2665-13 subsection shall be treated as a rule of the board.
2666-14 (c) Except as provided in IC 4-22-2-37.1, a rule described in
2667-15 subsection (a) or (b) expires on the later of the date:
2668-16 (1) specified in the rule; or
2669-17 (2) that another rule becomes effective that amends or repeals the
2670-18 previously issued rule.
2671-19 SECTION 62. IC 25-26-13-31.7, AS AMENDED BY P.L.207-2021,
2672-20 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2673-21 JULY 1, 2022]: Sec. 31.7. (a) Subject to rules adopted under
2674-22 subsection (c), a pharmacy technician may administer an influenza or
2675-23 coronavirus disease immunization to an individual under a drug order
2676-24 or prescription.
2677-25 (b) Subject to rules adopted under subsection (c), a pharmacy
2678-26 technician may administer an influenza or coronavirus disease
2679-27 immunization to an individual or a group of individuals under a drug
2680-28 order, under a prescription, or according to a protocol approved by a
2681-29 physician.
2682-30 (c) The board shall adopt rules under IC 4-22-2 to establish
2683-31 requirements applying to a pharmacy technician who administers an
2684-32 influenza or coronavirus disease immunization to an individual or
2685-33 group of individuals. The rules adopted under this section must provide
2686-34 for the direct supervision of the pharmacy technician by a pharmacist,
2687-35 a physician, a physician assistant, or an advanced practice registered
2688-36 nurse. Before July 1, 2021, the board shall adopt emergency rules
2689-37 under IC 4-22-2-37.1 to establish the requirements described in this
2690-38 subsection concerning the influenza immunization and the coronavirus
2691-39 disease immunization. Notwithstanding IC 4-22-2-37.1(g), Except as
2692-40 provided in IC 4-22-2-37.1, an emergency rule adopted by the board
2693-41 under this subsection and in the manner provided by IC 4-22-2-37.1
2694-42 expires on the date on which a rule that supersedes the emergency rule
2695-HB 1100—LS 6770/DI 125 63
2696-1 is adopted by the board under IC 4-22-2-24 through IC 4-22-2-36.
2697-2 (d) The board must approve all programs that provide training to
2698-3 pharmacy technicians to administer influenza and coronavirus disease
2699-4 immunizations as permitted by this section.
2700-5 SECTION 63. IC 25-26-14-32, AS ADDED BY P.L.180-2018,
2701-6 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2702-7 JULY 1, 2022]: Sec. 32. (a) The board shall adopt rules under
2703-8 IC 4-22-2, including emergency rules adopted in the manner provided
2704-9 under IC 4-22-2-37.1, to establish requirements for a third party
2705-10 logistics license, license fees, and other relevant matters consistent with
2706-11 the Drug Supply Chain Security Act (21 U.S.C. 360eee et seq.).
2707-12 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
2708-13 adopted by the board under this section expires on the date the
2709-14 emergency rule is amended or repealed by a later rule adopted under
2710-15 IC 4-22-2-22.5 through IC 4-22-2-36.
2711-16 SECTION 64. IC 25-34.1-11-15.5, AS ADDED BY P.L.15-2018,
2712-17 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2713-18 JULY 1, 2022]: Sec. 15.5. (a) This section applies to an appraisal
2714-19 management company that qualifies as an appraisal management
2715-20 company under 12 U.S.C. 3350(11).
2716-21 (b) As used in this section, "Appraisal Subcommittee" refers to the
2717-22 Appraisal Subcommittee of the Federal Financial Institutions
2718-23 Examination Council.
2719-24 (c) As used in this section, "covered transaction" has the meaning
2720-25 set forth in the federal interagency AMC Rule (12 CFR 34.210-34.216;
2721-26 12 CFR 225.190-225.196; 12 CFR 323.8-323.14; 12 CFR
2722-27 1222.20-1222.26).
2723-28 (d) As used in this section, "performed an appraisal", with respect
2724-29 to a real estate appraiser and an appraisal management company,
2725-30 means the appraisal service requested of the real estate appraiser by the
2726-31 appraisal management company was provided to the appraisal
2727-32 management company.
2728-33 (e) An appraisal management company to which this section applies
2729-34 shall pay to the board the annual AMC registry fee, as established by
2730-35 the Appraisal Subcommittee, as follows:
2731-36 (1) In the case of an appraisal management company that has been
2732-37 in existence for more than one (1) year, twenty-five dollars ($25)
2733-38 multiplied by the number of real estate appraisers who have
2734-39 performed an appraisal for the appraisal management company in
2735-40 connection with a covered transaction in Indiana during the
2736-41 previous year.
2737-42 (2) In the case of an appraisal management company that has not
2736+39 is adopted by the board under IC 4-22-2-24 through IC 4-22-2-36.
2737+40 (d) The board must approve all programs that provide training to
2738+41 pharmacy technicians to administer influenza and coronavirus disease
2739+42 immunizations as permitted by this section.
27382740 HB 1100—LS 6770/DI 125 64
2739-1 been in existence for more than one (1) year, twenty-five dollars
2740-2 ($25) multiplied by the number of real estate appraisers who have
2741-3 performed an appraisal for the appraisal management company in
2742-4 connection with a covered transaction in Indiana since the
2743-5 appraisal management company commenced doing business.
2744-6 (f) The AMC registry fee required by this section is in addition to
2745-7 the registration fee required by section 15 of this chapter.
2746-8 (g) The board shall transmit the AMC registry fees collected under
2747-9 this section to the Appraisal Subcommittee on an annual basis. For
2748-10 purposes of this subsection, the board may align a one (1) year period
2749-11 with any twelve (12) month period, which may or not may not be based
2750-12 on the calendar year. Only those appraisal management companies
2751-13 whose registry fees have been transmitted to the Appraisal
2752-14 Subcommittee will be eligible to be on the AMC Registry (as defined
2753-15 in 12 U.S.C. 1102.401(a)).
2754-16 (h) Upon recommendations of the board under IC 25-34.1-8-6.5, the
2755-17 commission may do the following:
2756-18 (1) Adopt rules under IC 4-22-2 to implement this section.
2757-19 (2) Amend rules adopted under this subsection as necessary to
2758-20 conform the annual AMC registry fee required by this section
2759-21 with the AMC registry fee established by the Appraisal
2760-22 Subcommittee.
2761-23 In adopting or amending a rule under this subsection, the commission
2762-24 may adopt emergency rules in the manner provided by IC 4-22-2-37.1.
2763-25 Notwithstanding IC 4-22-2-37.1(g), Except as provided in
2764-26 IC 4-22-2-37.1, an emergency rule adopted by the commission under
2765-27 this subsection and in the manner provided by IC 4-22-2-37.1 expires
2766-28 on the date on which a rule that supersedes the emergency rule is
2767-29 adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
2768-30 SECTION 65. IC 34-55-10-2.5, AS AMENDED BY P.L.140-2013,
2769-31 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2770-32 JULY 1, 2022]: Sec. 2.5. (a) The department of financial institutions
2771-33 shall adopt a rule under IC 4-22-2 establishing the amount for each
2772-34 exemption under section 2(c)(1) through 2(c)(3) of this chapter to take
2773-35 effect not earlier than January 1, 2010, and not later than March 1,
2774-36 2010.
2775-37 (b) The department of financial institutions shall adopt a rule under
2776-38 IC 4-22-2 establishing new amounts for each exemption under section
2777-39 2(c)(1) through 2(c)(3) of this chapter every six (6) years after
2778-40 exemption amounts are established under subsection (a). The rule
2779-41 establishing new exemption amounts under this subsection must take
2780-42 effect not earlier than January 1 and not later than March 1 of the sixth
2741+1 SECTION 64. IC 25-26-14-32, AS ADDED BY P.L.180-2018,
2742+2 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2743+3 JULY 1, 2022]: Sec. 32. (a) The board shall adopt rules under
2744+4 IC 4-22-2, including emergency rules adopted in the manner provided
2745+5 under IC 4-22-2-37.1, to establish requirements for a third party
2746+6 logistics license, license fees, and other relevant matters consistent with
2747+7 the Drug Supply Chain Security Act (21 U.S.C. 360eee et seq.).
2748+8 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
2749+9 adopted by the board under this section expires on the date the
2750+10 emergency rule is amended or repealed by a later rule adopted under
2751+11 IC 4-22-2-22.5 through IC 4-22-2-36.
2752+12 SECTION 65. IC 25-34.1-11-15.5, AS ADDED BY P.L.15-2018,
2753+13 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2754+14 JULY 1, 2022]: Sec. 15.5. (a) This section applies to an appraisal
2755+15 management company that qualifies as an appraisal management
2756+16 company under 12 U.S.C. 3350(11).
2757+17 (b) As used in this section, "Appraisal Subcommittee" refers to the
2758+18 Appraisal Subcommittee of the Federal Financial Institutions
2759+19 Examination Council.
2760+20 (c) As used in this section, "covered transaction" has the meaning
2761+21 set forth in the federal interagency AMC Rule (12 CFR 34.210-34.216;
2762+22 12 CFR 225.190-225.196; 12 CFR 323.8-323.14; 12 CFR
2763+23 1222.20-1222.26).
2764+24 (d) As used in this section, "performed an appraisal", with respect
2765+25 to a real estate appraiser and an appraisal management company,
2766+26 means the appraisal service requested of the real estate appraiser by the
2767+27 appraisal management company was provided to the appraisal
2768+28 management company.
2769+29 (e) An appraisal management company to which this section applies
2770+30 shall pay to the board the annual AMC registry fee, as established by
2771+31 the Appraisal Subcommittee, as follows:
2772+32 (1) In the case of an appraisal management company that has been
2773+33 in existence for more than one (1) year, twenty-five dollars ($25)
2774+34 multiplied by the number of real estate appraisers who have
2775+35 performed an appraisal for the appraisal management company in
2776+36 connection with a covered transaction in Indiana during the
2777+37 previous year.
2778+38 (2) In the case of an appraisal management company that has not
2779+39 been in existence for more than one (1) year, twenty-five dollars
2780+40 ($25) multiplied by the number of real estate appraisers who have
2781+41 performed an appraisal for the appraisal management company in
2782+42 connection with a covered transaction in Indiana since the
27812783 HB 1100—LS 6770/DI 125 65
2782-1 calendar year immediately following the most recent adjustments to the
2783-2 exemption amounts.
2784-3 (c) The department of financial institutions shall determine the
2785-4 amount of each exemption under subsections (a) and (b) based on
2786-5 changes in the Consumer Price Index for All Urban Consumers,
2787-6 published by the United States Department of Labor, for the most
2788-7 recent six (6) year period.
2789-8 (d) The department of financial institutions shall round the amount
2790-9 of an exemption determined under subsections (a) and (b) to the
2791-10 nearest fifty dollars ($50).
2792-11 (e) A rule establishing amounts for exemptions under this section
2793-12 may not reduce an exemption amount below the exemption amount on
2794-13 July 1, 2005.
2795-14 (f) The department of financial institutions may adopt a rule under
2796-15 subsection (a) or subsection (b) as an emergency rule under
2797-16 IC 4-22-2-37.1.
2798-17 (g) Except as provided in IC 4-22-2-37.1, an emergency rule
2799-18 adopted by the department of financial institutions under this section
2800-19 expires on the earlier of the following dates:
2801-20 (1) The expiration date stated in the emergency rule.
2802-21 (2) The date the emergency rule is amended or repealed by a later
2803-22 rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
2804-23 IC 4-22-2-37.1.
2784+1 appraisal management company commenced doing business.
2785+2 (f) The AMC registry fee required by this section is in addition to
2786+3 the registration fee required by section 15 of this chapter.
2787+4 (g) The board shall transmit the AMC registry fees collected under
2788+5 this section to the Appraisal Subcommittee on an annual basis. For
2789+6 purposes of this subsection, the board may align a one (1) year period
2790+7 with any twelve (12) month period, which may or not may not be based
2791+8 on the calendar year. Only those appraisal management companies
2792+9 whose registry fees have been transmitted to the Appraisal
2793+10 Subcommittee will be eligible to be on the AMC Registry (as defined
2794+11 in 12 U.S.C. 1102.401(a)).
2795+12 (h) Upon recommendations of the board under IC 25-34.1-8-6.5, the
2796+13 commission may do the following:
2797+14 (1) Adopt rules under IC 4-22-2 to implement this section.
2798+15 (2) Amend rules adopted under this subsection as necessary to
2799+16 conform the annual AMC registry fee required by this section
2800+17 with the AMC registry fee established by the Appraisal
2801+18 Subcommittee.
2802+19 In adopting or amending a rule under this subsection, the commission
2803+20 may adopt emergency rules in the manner provided by IC 4-22-2-37.1.
2804+21 Notwithstanding IC 4-22-2-37.1(g), Except as provided in
2805+22 IC 4-22-2-37.1, an emergency rule adopted by the commission under
2806+23 this subsection and in the manner provided by IC 4-22-2-37.1 expires
2807+24 on the date on which a rule that supersedes the emergency rule is
2808+25 adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
2809+26 SECTION 66. IC 34-55-10-2.5, AS AMENDED BY P.L.140-2013,
2810+27 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2811+28 JULY 1, 2022]: Sec. 2.5. (a) The department of financial institutions
2812+29 shall adopt a rule under IC 4-22-2 establishing the amount for each
2813+30 exemption under section 2(c)(1) through 2(c)(3) of this chapter to take
2814+31 effect not earlier than January 1, 2010, and not later than March 1,
2815+32 2010.
2816+33 (b) The department of financial institutions shall adopt a rule under
2817+34 IC 4-22-2 establishing new amounts for each exemption under section
2818+35 2(c)(1) through 2(c)(3) of this chapter every six (6) years after
2819+36 exemption amounts are established under subsection (a). The rule
2820+37 establishing new exemption amounts under this subsection must take
2821+38 effect not earlier than January 1 and not later than March 1 of the sixth
2822+39 calendar year immediately following the most recent adjustments to the
2823+40 exemption amounts.
2824+41 (c) The department of financial institutions shall determine the
2825+42 amount of each exemption under subsections (a) and (b) based on
28052826 HB 1100—LS 6770/DI 125 66
2827+1 changes in the Consumer Price Index for All Urban Consumers,
2828+2 published by the United States Department of Labor, for the most
2829+3 recent six (6) year period.
2830+4 (d) The department of financial institutions shall round the amount
2831+5 of an exemption determined under subsections (a) and (b) to the
2832+6 nearest fifty dollars ($50).
2833+7 (e) A rule establishing amounts for exemptions under this section
2834+8 may not reduce an exemption amount below the exemption amount on
2835+9 July 1, 2005.
2836+10 (f) The department of financial institutions may adopt a rule under
2837+11 subsection (a) or subsection (b) as an emergency rule under
2838+12 IC 4-22-2-37.1.
2839+13 (g) Except as provided in IC 4-22-2-37.1, an emergency rule
2840+14 adopted by the department of financial institutions under this section
2841+15 expires on the earlier of the following dates:
2842+16 (1) The expiration date stated in the emergency rule.
2843+17 (2) The date the emergency rule is amended or repealed by a later
2844+18 rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
2845+19 IC 4-22-2-37.1.
2846+HB 1100—LS 6770/DI 125 67
28062847 COMMITTEE REPORT
28072848 Mr. Speaker: Your Committee on Government and Regulatory
28082849 Reform, to which was referred House Bill 1100, has had the same
28092850 under consideration and begs leave to report the same back to the
28102851 House with the recommendation that said bill be amended as follows:
28112852 Page 2, line 4, delete "legislative council" and insert "general
28122853 assembly".
28132854 Page 2, line 6, delete "proclamation." and insert "proclamation
28142855 through adoption of a concurrent resolution.".
28152856 Page 2, line 18, delete "legislative council" and insert "general
28162857 assembly".
28172858 Page 2, line 20, delete "proclamation." and insert "proclamation
28182859 through adoption of a concurrent resolution.".
28192860 Page 2, line 23, delete "chair and vice chair of the" and insert
28202861 "general assembly".
28212862 Page 2, line 24, delete "legislative council".
28222863 Page 2, line 26, delete "a determination of the legislative council"
28232864 and insert "the general assembly's adoption of a concurrent
28242865 resolution".
28252866 Delete page 3.
28262867 Page 4, delete lines 1 through 14.
28272868 Page 5, line 34, delete "a change in the agency's" and insert "the
28282869 adoption of rules is:
28292870 (A) required to begin or maintain state implementation of
28302871 a program established under federal law or state statute;
28312872 or
28322873 (B) required by a state statute.".
28332874 Page 5, delete lines 35 through 36.
28342875 Page 11, line 28, delete "In the".
28352876 Page 11, delete lines 29 through 30.
28362877 Page 11, line 31, delete "this section.".
28372878 Page 11, line 32, delete "that justifies adoption in" and insert ". The
28382879 attorney general may return the rule to the agency without
28392880 disapproving the rule, and the agency may recall and resubmit the
28402881 rule to the attorney general under the same document number in
28412882 accordance with section 40 of this chapter.".
28422883 Page 11, line 33, delete "accordance with this section.".
28432884 Page 11, line 33, delete "neither" and insert "does not approve".
28442885 Page 11, line 34, delete "approves nor disapproves".
28452886 Page 11, line 34, after "rule" insert "for legality and form".
28462887 Page 11, line 34, delete "forty-sixth day" and insert "thirty-first
2847-HB 1100—LS 6770/DI 125 67
2888+HB 1100—LS 6770/DI 125 68
28482889 day".
28492890 Page 11, line 36, delete "without the approval of the attorney" and
28502891 insert ".".
28512892 Page 11, delete lines 37 through 41.
28522893 Page 11, line 42, after "deemed approved" insert "for legality and
28532894 form".
28542895 Renumber all SECTIONS consecutively.
28552896 and when so amended that said bill do pass.
28562897 (Reference is to HB 1100 as introduced.)
28572898 MILLER D
28582899 Committee Vote: yeas 8, nays 2.
2859-_____
2860-COMMITTEE REPORT
2861-Mr. Speaker: Your Committee on Ways and Means, to which was
2862-referred House Bill 1100, has had the same under consideration and
2863-begs leave to report the same back to the House with the
2864-recommendation that said bill be amended as follows:
2865-Page 1, delete lines 1 through 15.
2866-Page 2, delete lines 1 through 31.
2867-Renumber all SECTIONS consecutively.
2868-and when so amended that said bill do pass.
2869-(Reference is to HB 1100 as printed January 20, 2022.)
2870-BROWN T
2871-Committee Vote: yeas 10, nays 5.
2872-_____
2873-HOUSE MOTION
2874-Mr. Speaker: I move that House Bill 1100 be amended to read as
2875-follows:
2876-Page 9, line 12, delete "for legality and form." and insert: ". The
2877-attorney general shall review a rule under this section to determine
2878-if it:
2879-HB 1100—LS 6770/DI 125 68
2880-(1) has been adopted without statutory authority;
2881-(2) has been adopted without complying with this section;
2882-(3) has been adopted without complying with the statute
2883-authorizing the agency to adopt emergency rules under this
2884-section; or
2885-(4) violates another law.".
2886-Page 9, line 12, after "form." beginning with "The" begin a new line
2887-blocked left.
2888-(Reference is to HB 1100 as printed January 24, 2022.)
2889-DELANEY
28902900 HB 1100—LS 6770/DI 125