Indiana 2022 Regular Session

Indiana House Bill HB1211 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1211.1
	2	+	February 15, 2022
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1211
	5	+	_____
	6	+	DIGEST OF HB 1211 (Updated February 10, 2022 12:32 pm - DI 148)
	7	+	Citations Affected: IC 4-13.
	8	+	Synopsis: Request for information on blockchain technology. Provides
	9	+	that not later than October 1, 2022, the department of administration
	10	+	(department), on behalf of the office of technology (office), shall issue
	11	+	a request for information for purposes of exploring how blockchain
	12	+	technology could be used by a state agency to: (1) achieve greater cost
	13	+	efficiency and cost effectiveness; and (2) improve consumer
	14	+	convenience, experience, data security, and data privacy. Requires the
	15	+	office to compile a report concerning the request for information and
	16	+	submit the report to the legislative council in an electronic format not
	17	+	later than March 1, 2023. Defines "blockchain technology" and
	18	+	"distributed ledger technology".
	19	+	Effective: July 1, 2022.
	20	+	Teshka, O'Brien, Miller D, Johnson
	21	+	(SENATE SPONSORS — GARTEN, FORD JON, FORD J.D.)
	22	+	January 6, 2022, read first time and referred to Committee on Government and Regulatory
	23	+	Reform.
	24	+	January 12, 2022, reported — Do Pass.
	25	+	January 18, 2022, read second time, ordered engrossed.
	26	+	January 19, 2022, engrossed.
	27	+	January 20, 2022, read third time, passed. Yeas 86, nays 0.
	28	+	SENATE ACTION
	29	+	February 1, 2022, read first time and referred to Committee on Commerce and Technology.
	30	+	February 14, 2022, amended, reported — Do Pass.
	31	+	EH 1211—LS 6676/DI 131 February 15, 2022
1	32		Second Regular Session of the 122nd General Assembly (2022)
2	33		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	34		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	35		additions will appear in this style type, and deletions will appear in this style type.
5	36		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	37		provision adopted), the text of the new provision will appear in this style type. Also, the
7	38		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	39		a new provision to the Indiana Code or the Indiana Constitution.
9	40		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	41		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1211
12		-	AN ACT to amend the Indiana Code concerning state offices and
13		-	administration.
	42	+	ENGROSSED
	43	+	HOUSE BILL No. 1211
	44	+	A BILL FOR AN ACT to amend the Indiana Code concerning state
	45	+	offices and administration.
14	46		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 4-4-41-11, AS ADDED BY P.L.89-2021,
16		-	SECTION 11 AND P.L.158-2021, SECTION 2, IS AMENDED TO
17		-	READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 11. The
18		-	office shall adopt rules under IC 4-22-2 necessary for the
19		-	administration of this chapter. In adopting the rules required by this
20		-	section, the office may adopt emergency rules in the manner provided
21		-	by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
22		-	provided in IC 4-22-2-37.1, an emergency rule adopted by the office
23		-	under this section and in the manner provided by IC 4-22-2-37.1
24		-	expires on the date on which a rule that supersedes the emergency rule
25		-	is adopted by the office under IC 4-22-2-24 through IC 4-22-2-36.
26		-	SECTION 2. IC 4-13-1-28 IS ADDED TO THE INDIANA CODE
27		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
28		-	1, 2022]: Sec. 28. (a) As used in this section, "blockchain
29		-	technology" means distributed ledger technology that uses a
30		-	distributed, decentralized, shared, and replicated ledger that may
31		-	be public or private, permissioned or permissionless, and that may
32		-	include the use of electronic currencies or electronic tokens as a
33		-	medium of electronic exchange.
34		-	(b) As used in this section, "distributed ledger technology"
35		-	means any data base that is consensually shared and synchronized
36		-	across multiple sites, institutions, or geographies allowing for
37		-	HEA 1211 — CC 1 2
38		-	public witnesses to such transactions and may include supporting
39		-	infrastructure, including blockchain technology.
40		-	(c) As used in this section, "office of technology" refers to the
41		-	office of technology established by IC 4-13.1-2-1.
42		-	(d) Not later than October 1, 2022, the department shall issue,
43		-	on behalf of the office of technology, a request for information in
44		-	compliance with IC 5-23-4.5 for purposes of exploring how the use
45		-	of blockchain technology could be used by a state agency to:
46		-	(1) achieve greater cost efficiency and cost effectiveness; and
47		-	(2) improve consumer:
48		-	(A) convenience;
49		-	(B) experience;
50		-	(C) data security; and
51		-	(D) data privacy.
52		-	(e) The request for information shall include participation from
53		-	the following state agencies:
54		-	(1) The office of technology.
55		-	(2) The election division of the office of the secretary of state
56		-	(IC 3-6-4.2-1).
57		-	(3) The dealer services division of the office of the secretary of
58		-	state (IC 9-32-2-11).
59		-	(4) The securities division of the office of the secretary of state
60		-	(IC 23-19-6-1).
61		-	(5) The bureau of motor vehicles (IC 9-14-7).
62		-	(6) Any other state agency that wishes to participate.
63		-	(7) Any state agency identified by a respondent as potentially
64		-	benefiting from the use of blockchain technology.
65		-	(f) A state agency described in subsection (e)(6) shall assist a
66		-	respondent with any reasonable request for assistance or
67		-	information needed for the respondent to complete the response to
68		-	the request for information.
69		-	(g) The department shall set the deadline for submissions of the
70		-	request for information under this section as not later than
71		-	February 1, 2023.
72		-	(h) Subject to IC 5-23-4.5-3, the office of technology shall
73		-	prepare a report that includes:
74		-	(1) information regarding the responses to the request for
75		-	information under this section, including a copy of a response
76		-	to the request for information if the person who submitted the
77		-	response waived confidentiality in writing;
78		-	(2) any recommendations by the office of technology
79		-	regarding the request for information or the responses to the
80		-	HEA 1211 — CC 1 3
81		-	request for information; and
82		-	(3) any other information that the office of technology
83		-	determines is relevant to the request for information.
84		-	(i) Not later than March 31, 2023, the office of technology shall
85		-	submit the report prepared under subsection (h) to the legislative
86		-	council in an electronic format under IC 5-14-6.
87		-	(j) This section expires July 1, 2023.
88		-	SECTION 3. IC 4-22-2-3 IS AMENDED TO READ AS FOLLOWS
89		-	[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) "Agency" means any officer,
90		-	board, commission, department, division, bureau, committee, or other
91		-	governmental entity exercising any of the executive (including the
92		-	administrative) powers of state government. The term does not include
93		-	the judicial or legislative departments of state government or a political
94		-	subdivision as defined in IC 36-1-2-13.
95		-	(b) "Rule" means the whole or any part of an agency statement of
96		-	general applicability that:
97		-	(1) has or is designed to have the effect of law; and
98		-	(2) implements, interprets, or prescribes:
99		-	(A) law or policy; or
100		-	(B) the organization, procedure, or practice requirements of an
101		-	agency.
102		-	(c) "Rulemaking action" means the process of formulating or
103		-	adopting a rule. The term does not include an agency action.
104		-	(d) "Agency action" has the meaning set forth in IC 4-21.5-1-4.
105		-	(e) "Person" means an individual, corporation, limited liability
106		-	company, partnership, unincorporated association, or governmental
107		-	entity.
108		-	(f) "Publisher" refers to the publisher of the Indiana Register and
109		-	Indiana Administrative Code, which is the legislative council, or the
110		-	legislative services agency operating under the direction of the council.
111		-	(g) "Emergency rule" refers to a rule authorized by a statute
112		-	outside this article to be adopted in accordance with the
113		-	procedures in section 37.1 of this chapter.
114		-	(g) (h) The definitions in this section apply throughout this article.
115		-	SECTION 4. IC 4-22-2-13, AS AMENDED BY P.L.2-2007,
116		-	SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
117		-	JULY 1, 2022]: Sec. 13. (a) Subject to subsections (b), (c), and (d), this
118		-	chapter applies to the addition, amendment, or repeal of a rule in every
119		-	rulemaking action.
120		-	(b) This chapter does not apply to the following agencies:
121		-	(1) Any military officer or board.
122		-	(2) Any state educational institution.
123		-	HEA 1211 — CC 1 4
124		-	(c) This chapter does not apply to a rulemaking action that results
125		-	in any of the following rules:
126		-	(1) A resolution or directive of any agency that relates solely to
127		-	internal policy, internal agency organization, or internal procedure
128		-	and does not have the effect of law.
129		-	(2) A restriction or traffic control determination of a purely local
130		-	nature that:
131		-	(A) is ordered by the commissioner of the Indiana department
132		-	of transportation;
133		-	(B) is adopted under IC 9-20-1-3(d), IC 9-21-4-7, or
134		-	IC 9-20-7; and
135		-	(C) applies only to one (1) or more particularly described
136		-	intersections, highway portions, bridge causeways, or viaduct
137		-	areas.
138		-	(3) A rule adopted by the secretary of state under IC 26-1-9.1-526.
139		-	(4) An executive order or proclamation issued by the governor.
140		-	(d) Except as specifically set forth in IC 13-14-9, sections 24, 24.5,
141		-	26, 27, and 29 of this chapter do not apply to rulemaking actions under
142		-	IC 13-14-9.
143		-	SECTION 5. IC 4-22-2-24.5 IS ADDED TO THE INDIANA CODE
144		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
145		-	1, 2022]: Sec. 24.5. (a) This section applies to proposed rules
146		-	submitted to the publisher after June 30, 2022.
147		-	(b) At the same time an agency submits a proposed rule to the
148		-	publisher under section 24 of this chapter, the agency shall submit
149		-	to the publisher the following:
150		-	(1) If applicable, the economic impact statement prepared by
151		-	the agency under IC 4-22-2.1-5.
152		-	(2) If the rule imposes a penalty, fine, or other similar
153		-	negative impact on a person or business, a written explanation
154		-	of the penalty, fine, or other similar negative impact, and why
155		-	the penalty, fine, or other similar negative impact is
156		-	considered necessary.
157		-	(c) The publisher shall provide a copy of the materials
158		-	submitted by an agency under this section in an electronic format
159		-	to:
160		-	(1) each member of the standing committee or standing
161		-	committees that have subject matter jurisdiction most closely
162		-	relating to the subject matter of the rule;
163		-	(2) the governor; and
164		-	(3) the office of management and budget.
165		-	(d) The publisher shall publish the materials submitted under
166		-	HEA 1211 — CC 1 5
167		-	subsection (b) in the Indiana Register.
168		-	SECTION 6. IC 4-22-2-28, AS AMENDED BY P.L.237-2017,
169		-	SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
170		-	JULY 1, 2022]: Sec. 28. (a) The following definitions apply throughout
171		-	this section:
172		-	(1) "Ombudsman" refers to the small business ombudsman
173		-	designated under IC 5-28-17-6.
174		-	(2) "Total estimated economic impact" means the direct annual
175		-	economic impact of a rule on all regulated persons after the rule
176		-	is fully implemented under subsection (g).
177		-	(b) The ombudsman:
178		-	(1) shall review a proposed rule that:
179		-	(A) imposes requirements or costs on small businesses (as
180		-	defined in IC 4-22-2.1-4); and
181		-	(B) is referred to the ombudsman by an agency under
182		-	IC 4-22-2.1-5(c); and
183		-	(2) may review a proposed rule that imposes requirements or
184		-	costs on businesses other than small businesses (as defined in
185		-	IC 4-22-2.1-4).
186		-	After conducting a review under subdivision (1) or (2), the ombudsman
187		-	may suggest alternatives to reduce any regulatory burden that the
188		-	proposed rule imposes on small businesses or other businesses. The
189		-	agency that intends to adopt the proposed rule shall respond in writing
190		-	to the ombudsman concerning the ombudsman's comments or
191		-	suggested alternatives before adopting the proposed rule under section
192		-	29 of this chapter.
193		-	(c) Subject to subsection (e) and not later than fifty (50) days before
194		-	the public hearing for a proposed rule required by section 26 of this
195		-	chapter, an agency shall submit the proposed rule to the office of
196		-	management and budget for a review under subsection (d), if the
197		-	agency proposing the rule determines that the rule will have a total
198		-	estimated economic impact greater than five hundred thousand dollars
199		-	($500,000) on all regulated persons. In determining the total estimated
200		-	economic impact under this subsection, the agency shall consider any
201		-	applicable information submitted by the regulated persons affected by
202		-	the rule. To assist the office of management and budget in preparing
203		-	the fiscal impact statement required by subsection (d), the agency shall
204		-	submit, along with the proposed rule, the data used and assumptions
205		-	made by the agency in determining the total estimated economic
206		-	impact of the rule.
207		-	(d) Except as provided in subsection (e), before the adoption of the
208		-	rule, and not more than forty-five (45) days after receiving a proposed
209		-	HEA 1211 — CC 1 6
210		-	rule under subsection (c), the office of management and budget shall
211		-	prepare, using the data and assumptions provided by the agency
212		-	proposing the rule, along with any other data or information available
213		-	to the office of management and budget, a fiscal impact statement
214		-	concerning the effect that compliance with the proposed rule will have
215		-	on:
216		-	(1) the state; and
217		-	(2) all persons regulated by the proposed rule.
218		-	The fiscal impact statement must contain the total estimated economic
219		-	impact of the proposed rule and a determination concerning the extent
220		-	to which the proposed rule creates an unfunded mandate on a state
221		-	agency or political subdivision. The fiscal impact statement is a public
222		-	document. The office of management and budget shall make the fiscal
223		-	impact statement available to interested parties upon request and to the
224		-	agency proposing the rule. The agency proposing the rule shall
225		-	consider the fiscal impact statement as part of the rulemaking process
226		-	and shall provide the office of management and budget with the
227		-	information necessary to prepare the fiscal impact statement, including
228		-	any economic impact statement prepared by the agency under
229		-	IC 4-22-2.1-5. The office of management and budget may also receive
230		-	and consider applicable information from the regulated persons
231		-	affected by the rule in preparation of the fiscal impact statement.
232		-	(e) With respect to a proposed rule subject to IC 13-14-9:
233		-	(1) the department of environmental management shall give
234		-	written notice to the office of management and budget of the
235		-	proposed date of preliminary adoption of the proposed rule not
236		-	less than sixty-six (66) days before that date; and
237		-	(2) the office of management and budget shall prepare the fiscal
238		-	impact statement referred to in subsection (d) not later than
239		-	twenty-one (21) days before the proposed date of preliminary
240		-	adoption of the proposed rule.
241		-	(f) In determining whether a proposed rule has a total estimated
242		-	economic impact greater than five hundred thousand dollars
243		-	($500,000), the agency proposing the rule shall consider the impact of
244		-	the rule on any regulated person that already complies with the
245		-	standards imposed by the rule on a voluntary basis.
246		-	(g) For purposes of this section, a rule is fully implemented after:
247		-	(1) the conclusion of any phase-in period during which:
248		-	(A) the rule is gradually made to apply to certain regulated
249		-	persons; or
250		-	(B) the costs of the rule are gradually implemented; and
251		-	(2) the rule applies to all regulated persons that will be affected
252		-	HEA 1211 — CC 1 7
253		-	by the rule.
254		-	In determining the total estimated economic impact of a proposed rule
255		-	under this section, the agency proposing the rule shall consider the
256		-	annual economic impact on all regulated persons beginning with the
257		-	first twelve (12) month period after the rule is fully implemented. The
258		-	agency may use actual or forecasted data and may consider the actual
259		-	and anticipated effects of inflation and deflation. The agency shall
260		-	describe any assumptions made and any data used in determining the
261		-	total estimated economic impact of a rule under this section.
262		-	(h) An agency shall provide the legislative council in an electronic
263		-	format under IC 5-14-6 with any analysis, data, and description of
264		-	assumptions submitted to the office of management and budget under
265		-	this section or section 40 of this chapter at the same time the agency
266		-	submits the information to the office of management and budget. The
267		-	office of management and budget shall provide the legislative council
268		-	in an electronic format under IC 5-14-6 any fiscal impact statement and
269		-	related supporting documentation prepared by the office of
270		-	management and budget under this section or section 40 of this chapter
271		-	at the same time the office of management and budget provides the
272		-	fiscal impact statement to the agency proposing the rule. Information
273		-	submitted under this subsection must identify the rule to which the
274		-	information is related by document control number assigned by the
275		-	publisher.
276		-	(i) Subject to IC 4-22-2.5-3.5, an agency shall provide the
277		-	legislative council in an electronic format under IC 5-14-6 with any
278		-	economic impact or fiscal impact statement, including any supporting
279		-	data, studies, or analysis, prepared for a rule proposed by the agency or
280		-	subject to readoption by the agency to comply with:
281		-	(1) a requirement in section 19.5 of this chapter to minimize the
282		-	expenses to regulated entities that are required to comply with the
283		-	rule;
284		-	(2) a requirement in section 24 of this chapter to publish a
285		-	justification of any requirement or cost that is imposed on a
286		-	regulated entity under the rule;
287		-	(3) a requirement in IC 4-22-2.1-5 to prepare a statement that
288		-	describes the annual economic impact of a rule on all small
289		-	businesses after the rule is fully implemented;
290		-	(4) a requirement in IC 4-22-2.5-3.1 to conduct a review to
291		-	consider whether there are any alternative methods of achieving
292		-	the purpose of the rule that are less costly or less intrusive, or that
293		-	would otherwise minimize the economic impact of the proposed
294		-	rule on small businesses;
295		-	HEA 1211 — CC 1 8
296		-	(5) a requirement in IC 13-14-9-3 or IC 13-14-9-4 to publish
297		-	information concerning the fiscal impact of a rule or alternatives
298		-	to a rule subject to these provisions; or
299		-	(6) a requirement under any other law to conduct an analysis of
300		-	the cost, economic impact, or fiscal impact of a rule;
301		-	regardless of whether the total estimated economic impact of the
302		-	proposed rule is more than five hundred thousand dollars ($500,000),
303		-	as soon as practicable after the information is prepared. Information
304		-	submitted under this subsection must identify the rule to which the
305		-	information is related by document control number assigned by the
306		-	publisher.
307		-	SECTION 7. IC 4-22-2-37.1, AS AMENDED BY P.L.140-2013,
308		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
309		-	JULY 1, 2022]: Sec. 37.1. (a) The following do not apply to a rule
310		-	adopted under this section:
311		-	(1) Sections 24 23 through 36 of this chapter.
312		-	(2) IC 13-14-9.
313		-	(b) In conformity with section 14 of this chapter, this section
314		-	creates only procedural rights and imposes only procedural duties.
315		-	This section does not delegate substantive authority to an agency
316		-	to adopt a rule. This section applies only if a statute outside this
317		-	article delegates substantive rulemaking authority to the agency
318		-	and that statute or another statute expressly authorizes the agency
319		-	to exercise the rulemaking authority in accordance with the
320		-	emergency procedures in this section. A rule may be adopted under
321		-	this section statute outside this article authorizes an agency to
322		-	exercise the agency's rulemaking authority in accordance with the
323		-	procedures in this section if a the statute delegating authority to an
324		-	agency to adopt rules authorizes adoption of such a rule: expressly
325		-	states that rules may or shall be adopted:
326		-	(1) under this section; or
327		-	(2) in the manner provided by this section.
328		-	(c) To initiate a rulemaking proceeding under this section, an
329		-	agency must:
330		-	(1) demonstrate through findings of fact that:
331		-	(A) an imminent peril to the public health, safety, or
332		-	welfare;
333		-	(B) avoidance of a loss of federal funding for an agency
334		-	program or a violation of federal law or regulation;
335		-	(C) a change in the agency's governing statutes or a federal
336		-	program; or
337		-	(D) avoidance of any other substantial negative impact to
338		-	HEA 1211 — CC 1 9
339		-	the public interest;
340		-	requires the immediate adoption of a rule in accordance with
341		-	this section; and
342		-	(2) After an agency adopts a rule under this section, the agency
343		-	shall submit the rule and findings of fact to the publisher for the
344		-	assignment of a document control number.
345		-	The agency shall submit the rule in the form required by section 20 of
346		-	this chapter and with the documents required by section 21 of this
347		-	chapter. The publisher shall determine the format of the rule and other
348		-	documents to be submitted under this subsection. The agency may
349		-	adopt the emergency rule before or after submission of the
350		-	emergency rule to the publisher. The publisher shall assign a
351		-	document control number for the rule. The publisher shall also
352		-	provide a copy of the emergency rule in an electronic format to
353		-	each member of the standing committee or standing committees
354		-	that have subject matter jurisdiction most closely relating to the
355		-	subject matter of the emergency rule, the governor, and the office
356		-	of management and budget, along with a statement indicating that
357		-	the rule has been submitted to the attorney general for review.
358		-	(d) After the document control number has been assigned and the
359		-	agency adopts the emergency rule, the agency shall submit the
360		-	emergency rule, the findings required under subsection (c)(1), the
361		-	document number, the documents required by section 21 of this
362		-	chapter, and any other documents specified by the attorney general
363		-	to the publisher for filing. attorney general for review. The agency
364		-	shall submit the rule in the form required by section 20 of this chapter.
365		-	and with the documents required by section 21 of this chapter. The
366		-	publisher shall determine the format of the rule and other documents
367		-	to be submitted under this subsection.
368		-	(e) The attorney general shall conduct an expedited review of a
369		-	rule submitted under subsection (d). The attorney general shall
370		-	review a rule under this section to determine if it:
371		-	(1) has been adopted without statutory authority;
372		-	(2) has been adopted without complying with this section;
373		-	(3) has been adopted without complying with the statute
374		-	authorizing the agency to adopt emergency rules under this
375		-	section; or
376		-	(4) violates another law.
377		-	The attorney general shall complete the review within a time
378		-	consistent with the emergency. The attorney general may return
379		-	the rule to the agency without disapproving the rule, and the
380		-	agency may recall and resubmit the rule to the attorney general
381		-	HEA 1211 — CC 1 10
382		-	under the same document number in accordance with section 40 of
383		-	this chapter. If the attorney general does not approve the rule for
384		-	legality and form before the thirty-first day after the rule is
385		-	submitted, the rule is deemed approved, and the agency may
386		-	submit it to the publisher.
387		-	(e) (f) When a rule has been approved or deemed approved for
388		-	legality and form by the attorney general, the agency shall
389		-	immediately submit the rule to the publisher for filing. Subject to
390		-	section 39 of this chapter, the publisher shall:
391		-	(1) accept the rule for filing; and
392		-	(2) electronically record the date and time that the rule is
393		-	accepted;
394		-	(3) publish the emergency rule; and
395		-	(4) provide in an electronic format a copy of the electronic
396		-	rule along with a statement indicating that the rule has been
397		-	approved by the attorney general to:
398		-	(A) each member of the standing committee or standing
399		-	committees that have subject matter jurisdiction most
400		-	closely relating to the subject matter of the emergency
401		-	rule;
402		-	(B) the governor; and
403		-	(C) the office of management and budget.
404		-	(f) (g) A rule adopted by an agency under this section takes effect
405		-	on the latest of the following dates:
406		-	(1) The effective date of the statute delegating authority to the
407		-	agency to adopt the rule.
408		-	(2) The date and time that the rule is accepted for filing under
409		-	subsection (e). (f).
410		-	(3) The effective date stated by the adopting agency in the rule.
411		-	(4) The date of compliance with every requirement established by
412		-	law as a prerequisite to the adoption or effectiveness of the rule.
413		-	(5) The statutory effective date for an emergency rule set forth in
414		-	the statute authorizing the agency to adopt emergency rules.
415		-	(g) (h) Unless otherwise provided by the statute authorizing
416		-	adoption of the rule: Except as permitted under subsection (k) or (l):
417		-	(1) a rule adopted under this section expires not later than ninety
418		-	(90) days after the rule is accepted for filing under subsection (e);
419		-	(f);
420		-	(2) a rule adopted under this section may be extended by adopting
421		-	another rule under this section, but only for one (1) extension
422		-	period; and
423		-	(3) for a rule adopted under this section to be effective after one
424		-	HEA 1211 — CC 1 11
425		-	(1) extension period, the rule must be adopted under:
426		-	(A) sections 24 through 36 of this chapter; or
427		-	(B) IC 13-14-9;
428		-	as applicable.
429		-	(h) (i) This section may not be used to readopt a rule under
430		-	IC 4-22-2.5.
431		-	(i) (j) The publisher of the Indiana administrative code shall
432		-	annually publish a list of agencies authorized to adopt rules under this
433		-	section.
434		-	(k) This subsection applies if a statute delegates authority to an
435		-	agency to adopt an emergency rule and a change in the agency's
436		-	governing statutes or a federal program requires an immediate
437		-	adoption of an emergency rule. An agency may extend a rule for
438		-	not more than six (6) extension periods in addition to the extension
439		-	period permitted under subsection (h)(2) if the agency determines
440		-	the additional extensions are needed to allow sufficient time to
441		-	adopt a rule under sections 24 through 36 of this chapter or
442		-	IC 13-14-9.
443		-	(l) This subsection is intended to establish uniform procedures
444		-	for the implementation of emergency rules not described in
445		-	subsection (k). If a statute outside this chapter (regardless of
446		-	whether the statute is enacted before, on, or after July 1, 2022)
447		-	permits an emergency rule to be:
448		-	(1) effective for more than ninety (90) days, the emergency
449		-	rule expires ninety (90) days after the rule becomes effective,
450		-	unless, before the expiration date, the agency provides
451		-	electronic notice to the publisher stating the reasons for
452		-	continuation of the emergency rule and the legislative council
453		-	approves the continuation of the emergency rule; or
454		-	(2) extended for more than one (1) extension period, the
455		-	agency may not apply the statute to extend the emergency
456		-	rule for more than one (1) extension period of not more than
457		-	ninety (90) days, unless, before the extension period elapses,
458		-	the agency provides electronic notice to the publisher stating
459		-	the reasons for additional extensions of the emergency rule
460		-	and the legislative council approves the requested additional
461		-	extension of the emergency rule.
462		-	However, if an emergency rule (including an emergency rule in
463		-	effect on an extension) is in effect on July 1, 2022, the emergency
464		-	rule expires on the earlier of the date that the emergency rule
465		-	would expire without the application of this subsection or January
466		-	1, 2025, unless, before the expiration, the agency provides
467		-	HEA 1211 — CC 1 12
468		-	electronic notice to the publisher stating the reasons for
469		-	continuation of the emergency rule and the legislative council
470		-	approves the requested continuation of the emergency rule. The
471		-	publisher shall publish notice of a request under this subsection in
472		-	the Indiana Register and provide the chair and vice chair of the
473		-	legislative council with the request submitted to the publisher. The
474		-	publisher shall publish notice of a determination of the legislative
475		-	council under this subsection in the Indiana Register.
476		-	SECTION 8. IC 4-22-2.5-1.1 IS AMENDED TO READ AS
477		-	FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1.1. (a) This section
478		-	applies to the following:
479		-	(1) A rule that is required to receive or maintain:
480		-	(A) delegation;
481		-	(B) primacy; or
482		-	(C) approval;
483		-	for state implementation or operation of a program established
484		-	under federal law.
485		-	(2) A rule that is required to begin or continue receiving federal
486		-	funding for the implementation or operation of a program.
487		-	(b) A rule described in subsection (a) does not expire under this
488		-	chapter. However, except as provided in subsection (c), an agency
489		-	shall readopt a rule described in this section before January 1 July 1 of
490		-	the seventh fourth year after the year in which the rule takes effect as
491		-	set forth in this chapter.
492		-	(c) For a rule described in subsection (a) that takes effect before
493		-	July 1, 2022, the agency shall readopt the rule not later than June
494		-	30, 2026.
495		-	SECTION 9. IC 4-22-2.5-2, AS AMENDED BY P.L.215-2005,
496		-	SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
497		-	JULY 1, 2022]: Sec. 2. (a) Except as provided in subsection (b) or
498		-	section 1.1 of this chapter, an administrative rule adopted under
499		-	IC 4-22-2 expires January 1 of the seventh year after the year in which
500		-	the rule takes effect, unless the rule contains an earlier expiration date.
501		-	The expiration date of a rule under this section is extended each time
502		-	that a rule amending an unexpired rule takes effect. The rule, as
503		-	amended, expires on January 1 of the seventh year after the year in
504		-	which the amendment takes effect.
505		-	(b) An administrative rule that:
506		-	(1) was adopted under IC 4-22-2;
507		-	(2) is in force on December 31, 1995; and
508		-	(3) is not amended by a rule that takes effect after December 31,
509		-	1995, and before January 1, 2002;
510		-	HEA 1211 — CC 1 13
511		-	expires not later than January 1, 2002.
512		-	(c) The determination of whether an administrative rule expires
513		-	under this chapter shall be applied at the level of an Indiana
514		-	Administrative Code section.
515		-	SECTION 10. IC 4-22-2.5-2.1 IS ADDED TO THE INDIANA
516		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
517		-	[EFFECTIVE JULY 1, 2022]: Sec. 2.1. (a) Except as provided in
518		-	subsection (b) or section 1.1 of this chapter, an administrative rule
519		-	adopted under IC 4-22-2 expires July 1 of the fourth year after the
520		-	year in which the rule takes effect, unless the rule contains an
521		-	earlier expiration date. The expiration date of a rule under this
522		-	section is extended each time that a rule amending an unexpired
523		-	rule takes effect. The rule, as amended, expires on July 1 of the
524		-	fourth year after the year in which the amendment takes effect.
525		-	(b) This subsection applies to an administrative rule that:
526		-	(1) was adopted under IC 4-22-2 or readopted under this
527		-	chapter after December 31, 2015, and before January 1, 2020;
528		-	and
529		-	(2) is in force on June 30, 2022.
530		-	The expiration date of a rule described in this subsection is
531		-	extended under this subsection if the agency intends to readopt the
532		-	rule. The rule expires on July 1, 2024.
533		-	SECTION 11. IC 4-22-2.5-3, AS AMENDED BY P.L.188-2005,
534		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
535		-	JULY 1, 2022]: Sec. 3. (a) An agency that wishes to readopt a rule that
536		-	is subject to expiration under this chapter must:
537		-	(1) follow the procedure for adoption of administrative rules
538		-	under IC 4-22-2; and
539		-	(2) for a rule that expires under this chapter:
540		-	(A) after June 30, 2005, conduct any review required under
541		-	section 3.1 of this chapter; and
542		-	(B) after June 30, 2024:
543		-	(i) conduct any review and compile any reports required
544		-	under section 3.1 of this chapter; and
545		-	(ii) provide the notification and any reports as required
546		-	under section 3.5 of this chapter.
547		-	(b) An agency may adopt a rule under IC 4-22-2 in anticipation of
548		-	a rule's expiration under this chapter.
549		-	(c) An agency may not use IC 4-22-2-37.1 to readopt a rule that is
550		-	subject to expiration under this chapter.
551		-	SECTION 12. IC 4-22-2.5-3.1, AS ADDED BY P.L.188-2005,
552		-	SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
553		-	HEA 1211 — CC 1 14
554		-	JULY 1, 2022]: Sec. 3.1. (a) This section applies to a rule that:
555		-	(1) expires under this chapter after June 30, 2005; and
556		-	(2) imposes requirements or costs on small businesses.
557		-	(b) As used in this section, "small business" has the meaning set
558		-	forth in IC 4-22-2.1-4.
559		-	(c) Subject to subsection (e), before an agency may act under
560		-	section 3 of this chapter to readopt a rule described in subsection (a),
561		-	the agency shall conduct a review to consider whether there are any
562		-	alternative methods of achieving the purpose of the rule that are less
563		-	costly or less intrusive, or that would otherwise minimize the economic
564		-	impact of the proposed rule on small businesses. In reviewing a rule
565		-	under this section, the agency shall consider the following:
566		-	(1) The continued need for the rule.
567		-	(2) The nature of any complaints or comments received from the
568		-	public, including small businesses, concerning the rule or the
569		-	rule's implementation by the agency.
570		-	(3) The complexity of the rule, including any difficulties
571		-	encountered by:
572		-	(A) the agency in administering the rule; or
573		-	(B) small businesses in complying with the rule.
574		-	(4) The extent to which the rule overlaps, duplicates, or conflicts
575		-	with other federal, state, or local laws, rules, regulations, or
576		-	ordinances.
577		-	(5) The length of time since the rule was last reviewed under this
578		-	section or otherwise evaluated by the agency, and the degree to
579		-	which technology, economic conditions, or other factors have
580		-	changed in the area affected by the rule since that time.
581		-	(d) This subsection applies to a rule that was adopted through a
582		-	rulemaking action initiated by the agency under IC 4-22-2-23 after June
583		-	30, 2005. Subject to subsection (e), in reviewing the rule under this
584		-	section, the agency shall reexamine the most recent economic impact
585		-	statement prepared by the agency under IC 4-22-2.1-5. The agency
586		-	shall consider:
587		-	(1) the degree to which the factors analyzed in the statement have
588		-	changed since the statement was prepared; and
589		-	(2) whether:
590		-	(A) any regulatory alternatives included in the statement under
591		-	IC 4-22-2.1-5(a)(5); or
592		-	(B) any regulatory alternatives not considered by the agency
593		-	at the time the statement was prepared;
594		-	could be implemented to replace one (1) or more of the rule's
595		-	existing requirements.
596		-	HEA 1211 — CC 1 15
597		-	(e) This subsection applies to a rule that expires under this
598		-	chapter after June 30, 2024. Before an agency may act under
599		-	section 3 of this chapter to readopt a rule described in subsection
600		-	(a), and not later than January 1 of the third year after the year in
601		-	which the rule most recently took effect, the agency shall:
602		-	(1) conduct the review under subsection (c) and prepare a
603		-	written report detailing the agency's findings in the review;
604		-	and
605		-	(2) conduct the reexamination under subsection (d) and make
606		-	any necessary updates to the economic impact statement.
607		-	(e) (f) After conducting the review required by this section and
608		-	providing the notification required under section 3.5 of this
609		-	chapter, the agency shall:
610		-	(1) readopt the rule without change, if no alternative regulatory
611		-	methods exist that could minimize the economic impact of the
612		-	rule on small businesses while still achieving the purpose of the
613		-	rule;
614		-	(2) amend the rule to implement alternative regulatory methods
615		-	that will minimize the economic impact of the rule on small
616		-	businesses; or
617		-	(3) repeal the rule, if the need for the rule no longer exists.
618		-	SECTION 13. IC 4-22-2.5-3.5 IS ADDED TO THE INDIANA
619		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
620		-	[EFFECTIVE JULY 1, 2022]: Sec. 3.5. (a) This section applies to a
621		-	rule that expires under this chapter after June 30, 2024.
622		-	(b) Subject to subsection (e), before an agency may act under
623		-	section 3 of this chapter to readopt a rule described in subsection
624		-	(a), and not later than January 1 of the third year after the year in
625		-	which the rule most recently took effect, the agency shall provide
626		-	notice of the pending readoption of the rule to the publisher. At the
627		-	same time the agency provides notice of the pending readoption of
628		-	the rule, the agency shall submit the following:
629		-	(1) A copy of the written report prepared under section
630		-	3.1(e)(1) of this chapter.
631		-	(2) A copy of the updated economic impact statement
632		-	prepared by the agency under section 3.1(e)(2) of this chapter.
633		-	If no update of the economic impact statement was necessary
634		-	under section 3.1(e)(2) of this chapter, the agency shall
635		-	provide a copy of the most recent economic impact statement
636		-	prepared by the agency under IC 4-22-2.1-5.
637		-	(3) If the rule imposes a penalty, fine, or other similar
638		-	negative impact on a person or business, a written description
639		-	HEA 1211 — CC 1 16
640		-	of the penalty, fine, or other similar negative impact, and why
641		-	the penalty, fine, or other similar negative impact is
642		-	considered necessary.
643		-	(c) The publisher shall provide a copy of the materials
644		-	submitted by an agency in an electronic format to:
645		-	(1) each member of the standing committee or standing
646		-	committees that have subject matter jurisdiction most closely
647		-	relating to the subject matter of the rule;
648		-	(2) the governor; and
649		-	(3) the office of management and budget.
650		-	(d) The publisher shall publish the materials submitted under
651		-	subsection (b) in the Indiana Register.
652		-	(e) If an agency intends to readopt a rule described in section
653		-	2.1(b) of this chapter, the agency shall submit the materials under
654		-	subsection (b) not later than January 1, 2023.
655		-	SECTION 14. IC 4-22-2.5-4, AS AMENDED BY P.L.123-2006,
656		-	SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
657		-	JULY 1, 2022]: Sec. 4. (a) Except as provided in subsection (b) and
658		-	subject to section sections 3.1 and 3.5 of this chapter, an agency may
659		-	readopt all rules subject to expiration under this chapter under one (1)
660		-	rule that lists all rules that are readopted by their titles and subtitles
661		-	only. A rule that has expired but is readopted under this subsection may
662		-	not be removed from the Indiana Administrative Code.
663		-	(b) If, not later than thirty (30) days after an agency's publication of
664		-	notice of its intention to adopt a rule under IC 4-22-2-23 using the
665		-	listing allowed under subsection (a), a person submits to the agency a
666		-	written request and the person's basis for the request that a particular
667		-	rule be readopted separately from the readoption rule described in
668		-	subsection (a), the agency must:
669		-	(1) readopt that rule separately from the readoption rule described
670		-	in subsection (a); and
671		-	(2) follow the procedure for adoption of administrative rules
672		-	under IC 4-22-2 with respect to the rule.
673		-	(c) If the agency does not receive a written request under subsection
674		-	(b) regarding a rule within thirty (30) days after the agency's
675		-	publication of notice, the agency may:
676		-	(1) submit the rule for filing with the publisher under
677		-	IC 4-22-2-35; or
678		-	(2) elect the procedure for readoption under IC 4-22-2.
679		-	SECTION 15. IC 4-22-2.5-5 IS AMENDED TO READ AS
680		-	FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. If a rule is not
681		-	readopted before the expiration date for the rule and the governor finds
682		-	HEA 1211 — CC 1 17
683		-	that the failure to readopt the rule causes an emergency to exist, the
684		-	governor may, by executive order issued before the rule's expiration
685		-	date, postpone the expiration date of the rule until a date that is one (1)
686		-	year after the date specified in section 2 2.1 of this chapter.
687		-	SECTION 16. IC 4-30-3-9, AS AMENDED BY P.L.140-2013,
688		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
689		-	JULY 1, 2022]: Sec. 9. (a) The commission may adopt emergency rules
690		-	under IC 4-22-2-37.1.
691		-	(b) Except as provided in IC 4-22-2-37.1, an emergency rule
692		-	adopted by the commission under this section expires on the earlier of
693		-	the following dates:
694		-	(1) The expiration date stated in the emergency rule.
695		-	(2) The date the emergency rule is amended or repealed by a later
696		-	rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
697		-	IC 4-22-2-37.1.
698		-	SECTION 17. IC 4-31-3-9, AS AMENDED BY P.L.140-2013,
699		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
700		-	JULY 1, 2022]: Sec. 9. (a) Subject to section 14 of this chapter, the
701		-	commission may:
702		-	(1) adopt rules under IC 4-22-2, including emergency rules under
703		-	IC 4-22-2-37.1, to implement this article, including rules that
704		-	prescribe:
705		-	(A) the forms of wagering that are permitted;
706		-	(B) the number of races;
707		-	(C) the procedures for wagering;
708		-	(D) the wagering information to be provided to the public;
709		-	(E) fees for the issuance and renewal of:
710		-	(i) permits under IC 4-31-5;
711		-	(ii) satellite facility licenses under IC 4-31-5.5; and
712		-	(iii) licenses for racetrack personnel and racing participants
713		-	under IC 4-31-6;
714		-	(F) investigative fees;
715		-	(G) fines and penalties; and
716		-	(H) any other regulation that the commission determines is in
717		-	the public interest in the conduct of recognized meetings and
718		-	wagering on horse racing in Indiana;
719		-	(2) appoint employees and fix their compensation, subject to the
720		-	approval of the budget agency under IC 4-12-1-13;
721		-	(3) enter into contracts necessary to implement this article; and
722		-	(4) receive and consider recommendations from a development
723		-	advisory committee established under IC 4-31-11.
724		-	(b) Except as provided in IC 4-22-2-37.1, an emergency rule
725		-	HEA 1211 — CC 1 18
726		-	adopted by the commission under subsection (a) expires on the earlier
727		-	of the following dates:
728		-	(1) The expiration date stated in the emergency rule.
729		-	(2) The date the emergency rule is amended or repealed by a later
730		-	rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
731		-	IC 4-22-2-37.1.
732		-	SECTION 18. IC 5-2-23-9, AS ADDED BY P.L.165-2019,
733		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
734		-	JULY 1, 2022]: Sec. 9. (a) The criminal justice institute may adopt
735		-	rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1,
736		-	to implement this chapter.
737		-	(b) Except as provided in IC 4-22-2-37.1, an emergency rule
738		-	adopted under this section expires on the earlier of the following dates:
739		-	(1) The expiration date stated in the emergency rule.
740		-	(2) The date the emergency rule is amended or repealed by a later
741		-	rule adopted under IC 4-22-2-22.5 through IC 4-22-2-36 or under
742		-	IC 4-22-2-37.1.
743		-	(c) The criminal justice institute may readopt an emergency rule that
744		-	has expired.
745		-	SECTION 19. IC 5-20-9-8, AS ADDED BY P.L.103-2017,
746		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
747		-	JULY 1, 2022]: Sec. 8. (a) The authority may adopt rules under
748		-	IC 4-22-2, including emergency rules adopted in the manner provided
749		-	by IC 4-22-2-37.1, to establish the policies and procedures required
750		-	under section 6 of this chapter and to otherwise implement this chapter.
751		-	Rules or emergency rules adopted by the authority under this section
752		-	must take effect not later than January 1, 2018.
753		-	(b) Notwithstanding IC 4-22-2-37.1(g), Except as provided in
754		-	IC 4-22-2-37.1, an emergency rule adopted by the authority in the
755		-	manner provided by IC 4-22-2-37.1 to establish the policies and
756		-	procedures required under section 6 of this chapter and to otherwise
757		-	implement this chapter expires on the date a rule that supersedes the
758		-	emergency rule is adopted by the authority under IC 4-22-2-24 through
759		-	IC 4-22-2-36.
760		-	SECTION 20. IC 5-28-5-8, AS AMENDED BY P.L.140-2013,
761		-	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
762		-	JULY 1, 2022]: Sec. 8. (a) The corporation shall adopt rules under
763		-	IC 4-22-2 to carry out its duties under this article. The board may also
764		-	adopt emergency rules under IC 4-22-2-37.1 to carry out its duties
765		-	under this article.
766		-	(b) Except as provided in IC 4-22-2-37.1, an emergency rule
767		-	adopted under subsection (a) expires on the expiration date stated in
768		-	HEA 1211 — CC 1 19
769		-	the rule.
770		-	(c) An emergency rule adopted under subsection (a) may be
771		-	extended as provided in IC 4-22-2-37.1(g), IC 4-22-2-37.1(h), but the
772		-	extension period may not exceed the period for which the original rule
773		-	was in effect.
774		-	SECTION 21. IC 5-28-41-14.5 IS ADDED TO THE INDIANA
775		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
776		-	[EFFECTIVE UPON PASSAGE]: Sec. 14.5. All broadband
777		-	infrastructure projects that are funded in whole or in part by a
778		-	grant or loan from the fund must satisfy the criteria and
779		-	requirements as described in IC 4-4-38.5.
780		-	SECTION 22. IC 5-33-5-8, AS ADDED BY P.L.78-2019,
781		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
782		-	JULY 1, 2022]: Sec. 8. (a) The corporation shall adopt rules under
783		-	IC 4-22-2 to carry out its duties under this article. The board may also
784		-	adopt emergency rules in the manner provided under IC 4-22-2-37.1 to
785		-	carry out its duties under this article.
786		-	(b) Except as provided in IC 4-22-2-37.1, an emergency rule
787		-	adopted under subsection (a) expires on the expiration date stated in
788		-	the rule.
789		-	(c) An emergency rule adopted under subsection (a) may be
790		-	extended as provided in IC 4-22-2-37.1(g), IC 4-22-2-37.1(h), but the
791		-	extension period may not exceed the period for which the original rule
792		-	was in effect.
793		-	SECTION 23. IC 6-8.1-16.3-9, AS ADDED BY P.L.147-2018,
794		-	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
795		-	JULY 1, 2022]: Sec. 9. The department may adopt rules under
796		-	IC 4-22-2, including emergency rules in the manner provided under
797		-	IC 4-22-2-37.1, to implement this chapter. Except as provided in
798		-	IC 4-22-2-37.1, an emergency rule implemented under this section
799		-	expires on the earlier of the following dates:
800		-	(1) The expiration date stated in the emergency rule.
801		-	(2) The date the emergency rule is amended or repealed by a later
802		-	rule or emergency rule adopted under IC 4-22-2-24 through
803		-	IC 4-22-2-36 or in the manner provided under IC 4-22-2-37.1.
804		-	SECTION 24. IC 8-1-2-101.5, AS ADDED BY P.L.160-2020,
805		-	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
806		-	JULY 1, 2022]: Sec. 101.5. (a) This section applies to:
807		-	(1) a water main extension;
808		-	(2) a wastewater main extension; or
809		-	(3) an agreement that:
810		-	(A) is for a water main extension or a wastewater main
811		-	HEA 1211 — CC 1 20
812		-	extension; and
813		-	(B) is entered into after June 30, 2020, by a utility and the
814		-	person requesting the extension.
815		-	(b) As used in this section, "utility" means a municipally owned
816		-	utility (as defined in IC 8-1-2-1(h)) that provides water service or
817		-	wastewater service, or both, to the public.
818		-	(c) With respect to any water main extension or wastewater main
819		-	extension, a utility shall comply with the commission's rules governing
820		-	water main extensions or wastewater main extensions, as applicable,
821		-	including:
822		-	(1) 170 IAC 6-1.5, in the case of a water main extension; or
823		-	(2) 170 IAC 8.5-4, in the case of a wastewater main extension;
824		-	as may be amended by the commission, regardless of whether the
825		-	utility is subject to the jurisdiction of the commission for the approval
826		-	of rates and charges. However, a utility is not required to comply with
827		-	any provisions in the commission's main extension rules that require
828		-	reporting to the commission.
829		-	(d) Disputes arising under this section may be submitted as informal
830		-	complaints to the commission's consumer affairs division, in
831		-	accordance with IC 8-1-2-34.5(b) and the commission's rules under 170
832		-	IAC 16, including provisions for referrals and appeals to the full
833		-	commission, regardless of whether the person requesting the extension
834		-	is a customer of the utility.
835		-	(e) The commission shall adopt by:
836		-	(1) order; or
837		-	(2) rule under IC 4-22-2;
838		-	other procedures not inconsistent with this section that the commission
839		-	determines to be reasonable or necessary to administer this section. In
840		-	adopting the rules under this section, the commission may adopt
841		-	emergency rules in the manner provided by IC 4-22-2-37.1.
842		-	Notwithstanding IC 4-22-2-37.1(g), Except as provided in
843		-	IC 4-22-2-37.1, an emergency rule adopted by the commission under
844		-	this subsection and in the manner provided by IC 4-22-2-37.1 expires
845		-	on the date on which a rule that supersedes the emergency rule is
846		-	adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
847		-	(f) If the commission determines that it requires additional staff to
848		-	handle the volume of informal complaints submitted under this section,
849		-	the commission may impose a fee under this section. Any fee charged
850		-	by the commission under this section may:
851		-	(1) not exceed:
852		-	(A) the commission's actual costs in administering this section;
853		-	or
854		-	HEA 1211 — CC 1 21
855		-	(B) seven hundred fifty dollars ($750);
856		-	whichever is less; and
857		-	(2) be assessed against the party against whom a decision is
858		-	rendered under this section.
859		-	SECTION 25. IC 8-1-8.5-13, AS ADDED BY P.L.60-2021,
860		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
861		-	JULY 1, 2022]: Sec. 13. (a) The general assembly finds that it is in the
862		-	public interest to support the reliability, availability, and diversity of
863		-	electric generating capacity in Indiana for the purpose of providing
864		-	reliable and stable electric service to customers of public utilities.
865		-	(b) As used in this section, "appropriate regional transmission
866		-	organization", with respect to a public utility, refers to the regional
867		-	transmission organization approved by the Federal Energy Regulatory
868		-	Commission for the control area that includes the public utility's
869		-	assigned service area (as defined in IC 8-1-2.3-2).
870		-	(c) As used in this section, "MISO" refers to the regional
871		-	transmission organization known as the Midcontinent Independent
872		-	System Operator that operates the bulk power transmission system
873		-	serving most of the geographic territory in Indiana.
874		-	(d) As used in this section, "planning reserve margin requirement",
875		-	with respect to a public utility for a particular resource planning year,
876		-	means the planning reserve margin requirement for that planning year
877		-	that the public utility is obligated to meet in accordance with the public
878		-	utility's membership in the appropriate regional transmission
879		-	organization.
880		-	(e) As used in this section, "reliability adequacy metrics", with
881		-	respect to a public utility, means calculations used to demonstrate both
882		-	of the following:
883		-	(1) That the public utility:
884		-	(A) has in place sufficient summer UCAP; or
885		-	(B) can reasonably acquire not more than thirty percent (30%)
886		-	of its total summer UCAP from capacity markets, such that it
887		-	will have sufficient summer UCAP;
888		-	to provide reliable electric service to Indiana customers, and to
889		-	meet its planning reserve margin requirement and other federal
890		-	reliability requirements described in subsection (i)(4).
891		-	(2) That the public utility:
892		-	(A) has in place sufficient winter UCAP; or
893		-	(B) can reasonably acquire not more than thirty percent (30%)
894		-	of its total winter UCAP from capacity markets, such that it
895		-	will have sufficient winter UCAP;
896		-	to provide reliable electric service to Indiana customers, and to
897		-	HEA 1211 — CC 1 22
898		-	meet its planning reserve margin requirement and other federal
899		-	reliability requirements described in subsection (i)(4).
900		-	For purposes of this subsection, "capacity markets" means the auctions
901		-	conducted by an appropriate regional transmission organization to
902		-	determine a market clearing price for capacity based on the planning
903		-	reserve margin requirements established by the appropriate regional
904		-	transmission organization.
905		-	(f) As used in this section, "summer unforced capacity", or "summer
906		-	UCAP", with respect to an electric generating facility, means:
907		-	(1) the capacity value of the electric generating facility's installed
908		-	capacity rate adjusted for the electric generating facility's average
909		-	forced outage rate for the summer period, calculated as required
910		-	by the appropriate regional transmission organization or by the
911		-	Federal Energy Regulatory Commission; or
912		-	(2) a metric that is similar to the metric described in subdivision
913		-	(1) and that is required by the appropriate regional transmission
914		-	organization.
915		-	(g) As used in this section, "winter unforced capacity", or "winter
916		-	UCAP", with respect to an electric generating facility, means:
917		-	(1) the capacity value of the electric generating facility's installed
918		-	capacity rate adjusted for the electric generating facility's average
919		-	forced outage rate for the winter period, calculated as required by
920		-	the appropriate regional transmission organization or by the
921		-	Federal Energy Regulatory Commission;
922		-	(2) a metric that is similar to the metric described in subdivision
923		-	(1) and that is required by the appropriate regional transmission
924		-	organization; or
925		-	(3) if the appropriate regional transmission organization does not
926		-	require a metric described in subdivision (1) or (2), a metric that:
927		-	(A) can be used to demonstrate that a public utility has
928		-	sufficient capacity to:
929		-	(i) provide reliable electric service to Indiana customers for
930		-	the winter period; and
931		-	(ii) meet its planning reserve margin requirement and other
932		-	federal reliability requirements described in subsection
933		-	(i)(4); and
934		-	(B) is acceptable to the commission.
935		-	(h) A public utility that owns and operates an electric generating
936		-	facility serving customers in Indiana shall operate and maintain the
937		-	facility using good utility practices and in a manner:
938		-	(1) reasonably intended to support the provision of reliable and
939		-	economic electric service to customers of the public utility; and
940		-	HEA 1211 — CC 1 23
941		-	(2) reasonably consistent with the resource reliability
942		-	requirements of MISO or any other appropriate regional
943		-	transmission organization.
944		-	(i) Not later than thirty (30) days after the deadline for submitting
945		-	an annual planning reserve margin report to MISO, each public utility
946		-	providing electric service to Indiana customers shall, regardless of
947		-	whether the public utility is required to submit an annual planning
948		-	reserve margin report to MISO, file with the commission a report, in a
949		-	form specified by the commission, that provides the following
950		-	information for each of the next three (3) resource planning years,
951		-	beginning with the planning year covered by the planning reserve
952		-	margin report to MISO described in this subsection:
953		-	(1) The:
954		-	(A) capacity;
955		-	(B) location; and
956		-	(C) fuel source;
957		-	for each electric generating facility that is owned and operated by
958		-	the electric utility and that will be used to provide electric service
959		-	to Indiana customers.
960		-	(2) The amount of generating resource capacity or energy, or
961		-	both, that the public utility has procured under contract and that
962		-	will be used to provide electric service to Indiana customers,
963		-	including the:
964		-	(A) capacity;
965		-	(B) location; and
966		-	(C) fuel source;
967		-	for each electric generating facility that will supply capacity or
968		-	energy under the contract, to the extent known by the public
969		-	utility.
970		-	(3) The amount of demand response resources available to the
971		-	public utility under contracts and tariffs.
972		-	(4) The following:
973		-	(A) The planning reserve margin requirements established by
974		-	MISO for the planning years covered by the report, to the
975		-	extent known by the public utility with respect to any
976		-	particular planning year covered by the report.
977		-	(B) If applicable, any other planning reserve margin
978		-	requirement that:
979		-	(i) applies to the planning years covered by the report; and
980		-	(ii) the public utility is obligated to meet in accordance with
981		-	the public utility's membership in an appropriate regional
982		-	transmission organization;
983		-	HEA 1211 — CC 1 24
984		-	to the extent known by the public utility with respect to any
985		-	particular planning year covered by the report.
986		-	(C) Other federal reliability requirements that the public utility
987		-	is obligated to meet in accordance with its membership in an
988		-	appropriate regional transmission organization with respect to
989		-	the planning years covered by the report, to the extent known
990		-	by the public utility with respect to any particular planning
991		-	year covered by the report.
992		-	For each planning reserve margin requirement reported under
993		-	clause (A) or (B), the public utility shall include a comparison of
994		-	that planning reserve margin requirement to the planning reserve
995		-	margin requirement established by the same regional transmission
996		-	organization for the 2021-2022 planning year.
997		-	(5) The reliability adequacy metrics of the public utility, as
998		-	forecasted for the three (3) planning years covered by the report.
999		-	(j) Upon request by a public utility, the commission shall determine
1000		-	whether information provided in a report filed by the public utility
1001		-	under subsection (i):
1002		-	(1) is confidential under IC 5-14-3-4 or is a trade secret under
1003		-	IC 24-2-3;
1004		-	(2) is exempt from public access and disclosure by Indiana law;
1005		-	and
1006		-	(3) shall be treated as confidential and protected from public
1007		-	access and disclosure by the commission.
1008		-	(k) A joint agency created under IC 8-1-2.2 may file the report
1009		-	required under subsection (i) as a consolidated report on behalf of any
1010		-	or all of the municipally owned utilities that make up its membership.
1011		-	(l) A:
1012		-	(1) corporation organized under IC 23-17 that is an electric
1013		-	cooperative and that has at least one (1) member that is a
1014		-	corporation organized under IC 8-1-13; or
1015		-	(2) general district corporation within the meaning of
1016		-	IC 8-1-13-23;
1017		-	may file the report required under subsection (i) as a consolidated
1018		-	report on behalf of any or all of the cooperatively owned electric
1019		-	utilities that it serves.
1020		-	(m) In reviewing a report filed by a public utility under subsection
1021		-	(i), the commission may request technical assistance from MISO or any
1022		-	other appropriate regional transmission organization in determining:
1023		-	(1) the planning reserve margin requirements or other federal
1024		-	reliability requirement that the public utility is obligated to meet,
1025		-	as described in subsection (i)(4); and
1026		-	HEA 1211 — CC 1 25
1027		-	(2) whether the resources available to the public utility under
1028		-	subsections subsection (i)(1) through (i)(3) will be adequate to
1029		-	support the provision of reliable electric service to the public
1030		-	utility's Indiana customers.
1031		-	(n) If, after reviewing a report filed by a public utility under
1032		-	subsection (i), the commission is not satisfied that the public utility
1033		-	can:
1034		-	(1) provide reliable electric service to the public utility's Indiana
1035		-	customers; or
1036		-	(2) meet its planning reserve margin requirement or other federal
1037		-	reliability requirements that the public utility is obligated to meet,
1038		-	as described in subsection (i)(4);
1039		-	during one (1) more of the planning years covered by the report, the
1040		-	commission may conduct an investigation under IC 8-1-2-58 and
1041		-	IC 8-1-2-59 as to the reasons for the public utility's potential inability
1042		-	to meet the requirements described in subdivision (1) or (2), or both.
1043		-	(o) If, upon investigation under IC 8-1-2-58 and IC 8-1-2-59, and
1044		-	after notice and hearing, as required by IC 8-1-2-59, the commission
1045		-	determines that the capacity resources available to the public utility
1046		-	under subsections subsection (i)(1) through (i)(3) will not be adequate
1047		-	to support the provision of reliable electric service to the public utility's
1048		-	Indiana customers, or to allow the public utility to meet its planning
1049		-	reserve margin requirements or other federal reliability requirements
1050		-	that the public utility is obligated to meet (as described in subsection
1051		-	(i)(4)), the commission shall issue an order directing the public utility
1052		-	to acquire or construct such capacity resources that are reasonable and
1053		-	necessary to enable the public utility to provide reliable electric service
1054		-	to its Indiana customers, and to meet its planning reserve margin
1055		-	requirements or other federal reliability requirements described in
1056		-	subsection (i)(4). Not later than ninety (90) days after the date of the
1057		-	commission's order under this subsection, the public utility shall file for
1058		-	approval with the commission a plan to comply with the commission's
1059		-	order. The public utility's plan may include:
1060		-	(1) a request for a certificate of public convenience and necessity
1061		-	under this chapter; or
1062		-	(2) an application under IC 8-1-8.8;
1063		-	or both.
1064		-	(p) Beginning in 2022, the commission shall before November 1 of
1065		-	each year submit to the governor and to the interim study committee on
1066		-	energy, utilities, and telecommunications established by
1067		-	IC 2-5-1.3-4(8) a report that includes the following:
1068		-	(1) The commission's analysis regarding the ability of public
1069		-	HEA 1211 — CC 1 26
1070		-	utilities to:
1071		-	(A) provide reliable electric service to Indiana customers; and
1072		-	(B) meet their planning reserve margin requirements or other
1073		-	federal reliability requirements;
1074		-	for the next three (3) utility resource planning years, based on the
1075		-	most recent reports filed by public utilities under subsection (i).
1076		-	(2) A summary of:
1077		-	(A) the projected demand for retail electricity in Indiana over
1078		-	the next calendar year; and
1079		-	(B) the amount and type of capacity resources committed to
1080		-	meeting the projected demand.
1081		-	In preparing the summary required under this subdivision, the
1082		-	commission may consult with the forecasting group established
1083		-	under section 3.5 of this chapter.
1084		-	A report under this subsection to the interim study committee on
1085		-	energy, utilities, and telecommunications established by
1086		-	IC 2-5-1.3-4(8) must be in an electronic format under IC 5-14-6.
1087		-	(q) The commission may adopt rules under IC 4-22-2 to implement
1088		-	this section. In adopting rules to implement this section, the
1089		-	commission may adopt emergency rules in the manner provided by
1090		-	IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
1091		-	provided in IC 4-22-2-37.1, an emergency rule adopted by the
1092		-	commission under this subsection and in the manner provided by
1093		-	IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
1094		-	emergency rule is adopted by the commission under IC 4-22-2-24
1095		-	through IC 4-22-2-36.
1096		-	SECTION 26. IC 8-1-26-18.5, AS ADDED BY P.L.46-2020,
1097		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1098		-	JULY 1, 2022]: Sec. 18.5. (a) This section applies to any new or
1099		-	replacement underground facility that an operator installs or causes to
1100		-	be installed after June 30, 2020, in any public right-of-way or on any
1101		-	private property.
1102		-	(b) Subject to any other applicable federal or state laws or
1103		-	regulations, for any new or replacement underground facility that an
1104		-	operator installs or causes to be installed, the operator shall ensure that:
1105		-	(1) the materials from which the facility is constructed are capable
1106		-	of being detected from above ground level using standard
1107		-	equipment and technologies used by the utility locating industry,
1108		-	such as electromagnetic locating equipment and electromagnetic
1109		-	induction surveys; or
1110		-	(2) if the materials from which the facility is constructed are not
1111		-	capable of being detected from above ground level using standard
1112		-	HEA 1211 — CC 1 27
1113		-	locating techniques, as described in subdivision (1), the facility is:
1114		-	(A) encased by conductive material; or
1115		-	(B) equipped with an electrically conducting wire or other
1116		-	means of locating the facility while it is underground.
1117		-	(c) The commission may adopt rules under IC 4-22-2 to implement
1118		-	this section, including emergency rules in the manner provided under
1119		-	IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
1120		-	provided in IC 4-22-2-37.1, an emergency rule adopted by the
1121		-	commission under this subsection and in the manner provided under
1122		-	IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
1123		-	emergency rule is adopted by the commission under IC 4-22-2-24
1124		-	through IC 4-22-2-36.
1125		-	SECTION 27. IC 8-1-34-24.5, AS AMENDED BY HEA
1126		-	1111-2022, SECTION 8, IS AMENDED TO READ AS FOLLOWS
1127		-	[EFFECTIVE JULY 1, 2022]: Sec. 24.5. (a) This section applies to any
1128		-	unit that receives franchise fees paid to the unit under:
1129		-	(1) a certificate issued by the commission under this chapter; or
1130		-	(2) an unexpired local franchise issued by the unit before July 1,
1131		-	2006;
1132		-	with respect to a particular calendar year.
1133		-	(b) For each calendar year, beginning with the calendar year ending
1134		-	December 31, 2012, each unit to which this section applies shall
1135		-	submit to the commission, on a form or in the manner prescribed by the
1136		-	commission, a report that includes the following information for each
1137		-	certificate or local franchise in effect in the unit during the calendar
1138		-	year for which the report is submitted:
1139		-	(1) The amount of franchise fees paid to the unit under the
1140		-	certificate or local franchise.
1141		-	(2) The account of the unit into which the franchise fees identified
1142		-	under subdivision (1) were deposited.
1143		-	(3) The purposes for which any franchise fees received by the unit
1144		-	during:
1145		-	(A) the calendar year for which the report is submitted; or
1146		-	(B) a previous calendar year;
1147		-	were used or spent by the unit during the calendar year for which
1148		-	the report is submitted.
1149		-	(4) Any other information or data concerning the receipt and use
1150		-	of franchise fees that the commission considers appropriate.
1151		-	(c) The commission shall prescribe the form of the report and the
1152		-	process, deadlines, and other requirements for submitting the report
1153		-	required under this section.
1154		-	(d) Upon receiving the annual reports required under this section,
1155		-	HEA 1211 — CC 1 28
1156		-	the commission shall compile and organize the data and information
1157		-	contained in the reports. The commission shall include a summary of
1158		-	the data and information contained in the reports in the commission's
1159		-	annual report under IC 8-1-1-14(c)(4). However, this subsection does
1160		-	not empower the commission to disclose confidential and proprietary
1161		-	business plans and other confidential information without adequate
1162		-	protection of the information. The commission shall exercise all
1163		-	necessary caution to avoid disclosure of confidential information
1164		-	supplied under this section.
1165		-	(e) The commission may adopt rules under IC 4-22-2, including
1166		-	emergency rules under IC 4-22-2-37.1, to implement this section.
1167		-	Except as provided in IC 4-22-2-37.1, an emergency rule adopted by
1168		-	the commission under IC 4-22-2-37.1 expires on the date a rule that
1169		-	supersedes the emergency rule is adopted by the commission under
1170		-	IC 4-22-2-24 through IC 4-22-2-36. and not ninety (90) days after the
1171		-	rule is accepted for filing as provided in IC 4-22-2-37.1(g). However,
1172		-	any emergency rules adopted by the commission under this subsection
1173		-	must take effect by a date that enables a unit subject to this section to
1174		-	comply with this section with respect to the calendar year ending
1175		-	December 31, 2012.
1176		-	SECTION 28. IC 8-1-37-10, AS AMENDED BY HEA 1111-2022,
1177		-	SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1178		-	JULY 1, 2022]: Sec. 10. (a) Subject to subsection (d), the commission
1179		-	shall adopt rules under IC 4-22-2 to establish the Indiana voluntary
1180		-	clean energy portfolio standard program. The program established
1181		-	under this section must be a voluntary program that provides incentives
1182		-	to participating electricity suppliers that undertake to supply specified
1183		-	percentages of the total electricity supplied to their Indiana retail
1184		-	electric customers from clean energy.
1185		-	(b) The rules adopted by the commission under this section to
1186		-	establish the program must:
1187		-	(1) incorporate:
1188		-	(A) the CPS goals set forth in section 12(a) of this chapter;
1189		-	(B) methods for measuring and evaluating a participating
1190		-	electricity supplier's compliance with the CPS goals set forth
1191		-	in section 12(a) of this chapter; and
1192		-	(C) the financial incentives and periodic rate adjustment
1193		-	mechanisms set forth in section 13 of this chapter;
1194		-	(2) require the commission to determine, before approving an
1195		-	application under section 11 of this chapter, that the approval of
1196		-	the application will not result in an increase to the retail rates and
1197		-	charges of the electricity supplier above what could reasonably be
1198		-	HEA 1211 — CC 1 29
1199		-	expected if the application were not approved;
1200		-	(3) take effect not later than January 1, 2012; and
1201		-	(4) be consistent with this chapter.
1202		-	(c) Upon the effective date of the rules adopted by the commission
1203		-	under this section, an electricity supplier may apply to the commission
1204		-	under section 11 of this chapter for approval to participate in the
1205		-	program.
1206		-	(d) The commission may adopt emergency rules under
1207		-	IC 4-22-2-37.1 to adopt the rules required by this section. Except as
1208		-	provided in IC 4-22-2-37.1, an emergency rule adopted by the
1209		-	commission under IC 4-22-2-37.1 expires on the date a rule that
1210		-	supersedes the emergency rule is adopted by the commission under
1211		-	IC 4-22-2-24 through IC 4-22-2-36.
1212		-	SECTION 29. IC 8-1-40-12, AS ADDED BY P.L.264-2017,
1213		-	SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1214		-	JULY 1, 2022]: Sec. 12. (a) Before January 1, 2018, the commission
1215		-	shall amend 170 IAC 4-4.2-4, and an electricity supplier shall amend
1216		-	the electricity supplier's net metering tariff, to do the following:
1217		-	(1) Increase the allowed limit on the aggregate amount of net
1218		-	metering facility nameplate capacity under the net metering tariff
1219		-	to one and one-half percent (1.5%) of the most recent summer
1220		-	peak load of the electricity supplier.
1221		-	(2) Modify the required reservation of capacity under the limit
1222		-	described in subdivision (1) to require the reservation of:
1223		-	(A) forty percent (40%) of the capacity for participation by
1224		-	residential customers; and
1225		-	(B) fifteen percent (15%) of the capacity for participation by
1226		-	customers that install a net metering facility that uses a
1227		-	renewable energy resource described in IC 8-1-37-4(a)(5).
1228		-	(b) In amending 170 IAC 4-4.2-4, as required by subsection (a), the
1229		-	commission may adopt emergency rules in the manner provided by
1230		-	IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
1231		-	provided in IC 4-22-2-37.1, an emergency rule adopted by the
1232		-	commission under this section and in the manner provided by
1233		-	IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
1234		-	emergency rule is adopted by the commission under IC 4-22-2-24
1235		-	through IC 4-22-2-36.
1236		-	SECTION 30. IC 8-1-40-21, AS ADDED BY P.L.264-2017,
1237		-	SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1238		-	JULY 1, 2022]: Sec. 21. (a) Subject to subsection (b) and sections 10
1239		-	and 11 of this chapter, after June 30, 2017, the commission's rules and
1240		-	standards set forth in:
1241		-	HEA 1211 — CC 1 30
1242		-	(1) 170 IAC 4-4.2 (concerning net metering); and
1243		-	(2) 170 IAC 4-4.3 (concerning interconnection);
1244		-	remain in effect and apply to net metering under an electricity
1245		-	supplier's net metering tariff and to distributed generation under this
1246		-	chapter.
1247		-	(b) After June 30, 2017, the commission may adopt changes under
1248		-	IC 4-22-2, including emergency rules in the manner provided by
1249		-	IC 4-22-2-37.1, to the rules and standards described in subsection (a)
1250		-	only as necessary to:
1251		-	(1) update fees or charges;
1252		-	(2) adopt revisions necessitated by new technologies; or
1253		-	(3) reflect changes in safety, performance, or reliability standards.
1254		-	Notwithstanding IC 4-22-2-37.1(g), Except as provided in
1255		-	IC 4-22-2-37.1, an emergency rule adopted by the commission under
1256		-	this subsection and in the manner provided by IC 4-22-2-37.1 expires
1257		-	on the date on which a rule that supersedes the emergency rule is
1258		-	adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
1259		-	SECTION 31. IC 8-1-40-23, AS ADDED BY P.L.264-2017,
1260		-	SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1261		-	JULY 1, 2022]: Sec. 23. (a) A customer that produces distributed
1262		-	generation has the following rights regarding the installation and
1263		-	ownership of distributed generation equipment:
1264		-	(1) The right to know that the attorney general is authorized to
1265		-	enforce this section, including by receiving complaints
1266		-	concerning the installation and ownership of distributed
1267		-	generation equipment.
1268		-	(2) The right to know the expected amount of electricity that will
1269		-	be produced by the distributed generation equipment that the
1270		-	customer is purchasing.
1271		-	(3) The right to know all costs associated with installing
1272		-	distributed generation equipment, including any taxes for which
1273		-	the customer is liable.
1274		-	(4) The right to know the value of all federal, state, or local tax
1275		-	credits or other incentives or rebates that the customer may
1276		-	receive.
1277		-	(5) The right to know the rate at which the customer will be
1278		-	credited for electricity produced by the customer's distributed
1279		-	generation equipment and delivered to a public utility (as defined
1280		-	in IC 8-1-2-1).
1281		-	(6) The right to know if a provider of distributed generation
1282		-	equipment insures the distributed generation equipment against
1283		-	damage or loss and, if applicable, any circumstances under which
1284		-	HEA 1211 — CC 1 31
1285		-	the provider does not insure against or otherwise cover damage to
1286		-	or loss of the distributed generation equipment.
1287		-	(7) The right to know the responsibilities of a provider of
1288		-	distributed generation equipment with respect to installing or
1289		-	removing distributed generation equipment.
1290		-	(b) The attorney general, in consultation with the commission, shall
1291		-	adopt rules under IC 4-22-2 that the attorney general considers
1292		-	necessary to implement and enforce this section, including a rule
1293		-	requiring written disclosure of the rights set forth in subsection (a) by
1294		-	a provider of distributed generation equipment to a customer. In
1295		-	adopting the rules required by this subsection, the attorney general may
1296		-	adopt emergency rules in the manner provided by IC 4-22-2-37.1.
1297		-	Notwithstanding IC 4-22-2-37.1(g), Except as provided in
1298		-	IC 4-22-2-37.1, an emergency rule adopted by the attorney general
1299		-	under this subsection and in the manner provided by IC 4-22-2-37.1
1300		-	expires on the date on which a rule that supersedes the emergency rule
1301		-	is adopted by the attorney general under IC 4-22-2-24 through
1302		-	IC 4-22-2-36.
1303		-	SECTION 32. IC 8-1-40.5-19, AS ADDED BY P.L.80-2021,
1304		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1305		-	JULY 1, 2022]: Sec. 19. The commission shall adopt rules under
1306		-	IC 4-22-2 to implement this chapter. In adopting the rules required by
1307		-	this section, the commission may adopt emergency rules in the manner
1308		-	provided by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g),
1309		-	Except as provided in IC 4-22-2-37.1, an emergency rule adopted by
1310		-	the commission under this section and in the manner provided by
1311		-	IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
1312		-	emergency rule is adopted by the commission under IC 4-22-2-24
1313		-	through IC 4-22-2-36.
1314		-	SECTION 33. IC 8-2.1-28-5, AS ADDED BY P.L.218-2017,
1315		-	SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1316		-	JULY 1, 2022]: Sec. 5. (a) The department may adopt emergency rules
1317		-	in the manner provided under IC 4-22-2-37.1 to carry out this chapter.
1318		-	(b) Except as provided in IC 4-22-2-37.1, an emergency rule
1319		-	adopted under subsection (a) expires on the date a rule that supersedes
1320		-	the emergency rule is adopted by the department under IC 4-22-2-22.5
1321		-	through IC 4-22-2-36.
1322		-	SECTION 34. IC 8-15-2-5, AS AMENDED BY P.L.140-2013,
1323		-	SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1324		-	JULY 1, 2022]: Sec. 5. The authority may do the following:
1325		-	(1) Construct, maintain, repair, police, and operate toll road
1326		-	projects (as defined in this chapter), public improvements, and
1327		-	HEA 1211 — CC 1 32
1328		-	arterial streets and roads under section 1 of this chapter and
1329		-	establish rules for the use of any such toll road project, public
1330		-	improvement, or arterial street or road.
1331		-	(2) Issue toll road revenue bonds of the state, payable solely from
1332		-	an allocation of money from the rural transportation road fund
1333		-	under IC 8-9.5-8-16 or from revenues or from the proceeds of
1334		-	bonds issued under this chapter and earnings thereon, or from all
1335		-	three (3), for the purpose of paying all or any part of the cost of
1336		-	any one (1) or more toll road projects or for the purpose of
1337		-	refunding any other toll road revenue bonds.
1338		-	(3) Establish reserves from the proceeds of the sale of bonds or
1339		-	from other funds, or both, to secure the payment of the bonds.
1340		-	(4) Fix and revise from time to time and charge and collect tolls
1341		-	for transit over each toll road project constructed by it.
1342		-	(5) Acquire in the name of the state by purchase or otherwise, on
1343		-	such terms and conditions and in such manner as it may deem
1344		-	proper, or by the exercise of the right of condemnation in the
1345		-	manner as provided by this chapter, such public or private lands,
1346		-	including public parks, playgrounds or reservations, or parts
1347		-	thereof or rights therein, rights-of-way, property, rights,
1348		-	easements, and interests, as it may deem necessary for carrying
1349		-	out the provisions of this chapter. The authority may also:
1350		-	(A) sell, transfer, and convey any such land or any interest
1351		-	therein so acquired, or any portion thereof, whether by
1352		-	purchase, condemnation, or otherwise, and whether such land
1353		-	or interest therein had been public or private, when the same
1354		-	shall no longer be needed for such purposes; and
1355		-	(B) transfer and convey any such lands or interest therein as
1356		-	may be necessary or convenient for the construction and
1357		-	operation of any toll road project, or as otherwise required
1358		-	under the provisions of this chapter to a state agency or
1359		-	political subdivision.
1360		-	(6) Designate the locations and establish, limit, and control such
1361		-	points of ingress to and egress from each toll road project as may
1362		-	be necessary or desirable in the judgment of the authority to
1363		-	ensure the proper operation and maintenance of such projects, and
1364		-	to prohibit entrance to such project from any point not so
1365		-	designated. The authority shall not grant, for the operation of
1366		-	transient lodging facilities, either ingress to or egress from any
1367		-	project, including the service areas thereof on which are located
1368		-	service stations and restaurants, and including toll plazas and
1369		-	paved portions of the right-of-way. The authority shall cause to be
1370		-	HEA 1211 — CC 1 33
1371		-	erected, at its cost, at all points of ingress and egress, large and
1372		-	suitable signs facing traffic from each direction on the toll road.
1373		-	Such signs shall designate the number and other designations, if
1374		-	any, of all United States or state highways of ingress or egress, the
1375		-	names of all Indiana municipalities with a population of five
1376		-	thousand (5,000) or more within a distance of seventy-five (75)
1377		-	miles on such roads of ingress or egress, and the distance in miles
1378		-	to such designated municipalities.
1379		-	(7) Make and enter into all contracts and agreements necessary or
1380		-	incidental to the performance of its duties and the execution of its
1381		-	powers under this chapter, IC 8-9.5-8, or IC 8-15.5. When the cost
1382		-	under any such contract or agreement, other than:
1383		-	(A) a contract for compensation for personal services;
1384		-	(B) a contract with the department under IC 8-9.5-8-7;
1385		-	(C) a lease with the department under IC 8-9.5-8-8; or
1386		-	(D) a contract, a lease, or another agreement under IC 8-15.5;
1387		-	involves an expenditure of more than ten thousand dollars
1388		-	($10,000), the authority shall make a written contract with the
1389		-	lowest and best bidder after advertisement for not less than two
1390		-	(2) consecutive weeks in a newspaper of general circulation in
1391		-	Marion County, Indiana, and in such other publications as the
1392		-	authority shall determine. Such notice shall state the general
1393		-	character of the work and the general character of the materials to
1394		-	be furnished, the place where plans and specifications therefor
1395		-	may be examined, and the time and place of receiving bids. Each
1396		-	bid shall contain the full name of every person or company
1397		-	interested in it and shall be accompanied by a sufficient bond or
1398		-	certified check on a solvent bank that if the bid is accepted a
1399		-	contract will be entered into and the performance of its proposal
1400		-	secured. The authority may reject any and all bids. A bond with
1401		-	good and sufficient surety shall be required by the authority of all
1402		-	contractors in an amount equal to at least fifty percent (50%) of
1403		-	the contract price, conditioned upon the faithful performance of
1404		-	the contract. The authority shall require a bid, performance, and
1405		-	payment bond from a contractor for a project if the estimated cost
1406		-	of the project is more than two hundred thousand dollars
1407		-	($200,000). The authority may require a bid, performance, or
1408		-	payment bond from a contractor for a project if the estimated cost
1409		-	of the project is not more than two hundred thousand dollars
1410		-	($200,000).
1411		-	(8) Employ consulting engineers, superintendents, managers, and
1412		-	such other engineers, construction and accounting experts, bond
1413		-	HEA 1211 — CC 1 34
1414		-	counsel, other attorneys with the approval of the attorney general,
1415		-	and other employees and agents as may be necessary in its
1416		-	judgment to carry out the provisions of this chapter, and to fix
1417		-	their compensation. However, all such expenses shall be payable
1418		-	solely from the proceeds of toll road revenue bonds issued under
1419		-	the provisions of this chapter or from revenues.
1420		-	(9) Receive and accept from any federal agency, subject to
1421		-	IC 8-23-3, grants for or in aid of the construction of any toll road
1422		-	project, and receive and accept aid or contributions from any
1423		-	source of either money, property, labor, or other things of value,
1424		-	to be held, used, and applied only for the purposes for which such
1425		-	grants and contributions may be made, and repay any grant to the
1426		-	authority or to the department from a federal agency if such
1427		-	repayment is necessary to free the authority from restrictions
1428		-	which the authority determines to be in the public interest to
1429		-	remove.
1430		-	(10) Establish fees, charges, terms, or conditions for any
1431		-	expenditures, loans, or other form of financial participation in
1432		-	projects authorized as public improvements on arterial streets and
1433		-	roads under section 1 of this chapter.
1434		-	(11) Accept gifts, devises, bequests, grants, loans, appropriations,
1435		-	revenue sharing, other financing and assistance, and any other aid
1436		-	from any source and agree to and comply with conditions attached
1437		-	to the aid.
1438		-	(12) Accept transfer of a state highway to the authority under
1439		-	IC 8-23-7-23 and pay the cost of conversion of the state highway
1440		-	to a toll road project.
1441		-	(13) Enter into contracts or leases with the department under
1442		-	IC 8-9.5-8-7 or IC 8-9.5-8-8 and in connection with the contracts
1443		-	or leases agree with the department for coordination of the
1444		-	operation and the repair and maintenance of toll road projects and
1445		-	tollways which are contiguous parts of the same public road,
1446		-	including joint toll collection facilities and equitable division of
1447		-	tolls.
1448		-	(14) Enter into public-private agreements under IC 8-15.5 and do
1449		-	all acts and things necessary or proper to carry out the purposes
1450		-	set forth in IC 8-15.5.
1451		-	(15) Adopt rules under IC 4-22-2-37.1 to make changes to rules
1452		-	related to a toll road project to accommodate the provisions of a
1453		-	public-private agreement under IC 8-15.5. Except as provided in
1454		-	IC 4-22-2-37.1, a rule adopted under this subdivision expires on
1455		-	the expiration date stated in the rule.
1456		-	HEA 1211 — CC 1 35
1457		-	(16) Do all acts and things necessary or proper to carry out this
1458		-	chapter.
1459		-	SECTION 35. IC 8-15-2-14, AS AMENDED BY P.L.140-2013,
1460		-	SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1461		-	JULY 1, 2022]: Sec. 14. (a) The authority may do the following:
1462		-	(1) Fix, revise, charge, and collect tolls for the use of each toll
1463		-	road project by any person, partnership, association, limited
1464		-	liability company, or corporation desiring the use of any part
1465		-	thereof, including the right-of-way adjoining the paved portion
1466		-	and for placing thereon telephone, telegraph, electric light, or
1467		-	power lines.
1468		-	(2) Fix the terms, conditions, and rates of charge for such use,
1469		-	including assessments for the failure to pay required tolls, subject,
1470		-	however, to the state's police power.
1471		-	(3) Collect tolls, user fees, or other charges through manual or
1472		-	nonmanual methods, including, but not limited to, automatic
1473		-	vehicle identification systems, electronic toll collection systems,
1474		-	and, to the extent permitted by law, including rules adopted by the
1475		-	authority under IC 8-15-2-17.2(a)(10), section 17.2(a)(10) of this
1476		-	chapter, global positioning systems and photo or video based toll
1477		-	collection or toll collection enforcement systems.
1478		-	(4) Adopt rules under IC 4-22-2-37.1 authorizing the use of and
1479		-	establishing procedures for the implementation of the collection
1480		-	of user fees by electronic or other nonmanual means under
1481		-	subdivision (3). Except as provided in IC 4-22-2-37.1, a rule
1482		-	adopted under this subdivision expires on the expiration date
1483		-	stated by the authority in the rule.
1484		-	(b) Notwithstanding subsection (a), no toll or charge shall be made
1485		-	by the authority under this section or under a public-private agreement
1486		-	entered into under IC 8-15.5 for:
1487		-	(1) the operation of temporary lodging facilities located upon or
1488		-	adjacent to any project, nor may the authority itself operate or
1489		-	gratuitously permit the operation of such temporary lodging
1490		-	facilities by other persons without any toll or charge; or
1491		-	(2) placing in, on, along, over, or under such project, such
1492		-	telephone, telegraph, electric light or power lines, equipment, or
1493		-	facilities as may be necessary to serve establishments located on
1494		-	the project or as may be necessary to interconnect any public
1495		-	utility facilities on one (1) side of the toll road project with those
1496		-	on the other side.
1497		-	(c) All contracts executed by the authority shall be preserved in the
1498		-	principal office of the authority.
1499		-	HEA 1211 — CC 1 36
1500		-	(d) In the case of a toll road project that is not leased to the
1501		-	department under IC 8-9.5-8-7, the tolls shall be fixed and adjusted for
1502		-	each toll road project so that the aggregate of the tolls from the project,
1503		-	together with other revenues that are available to the authority without
1504		-	prior restriction or encumbrance, will at least be adequate to pay:
1505		-	(1) the cost of operating, maintaining, and repairing the toll road
1506		-	project, including major repairs, replacements, and
1507		-	improvements;
1508		-	(2) the principal of and the interest on bonds issued in connection
1509		-	with the toll road project, as the principal and interest becomes
1510		-	due and payable, including any reserve or sinking fund required
1511		-	for the project; and
1512		-	(3) the payment of principal of and interest on toll road bonds
1513		-	issued by the authority in connection with any other toll road
1514		-	project, including any reserve or sinking fund required for the
1515		-	project, but only to the extent that the authority provides by
1516		-	resolution and subject to the provisions of any trust agreement
1517		-	relating to the project.
1518		-	(e) Not less than one (1) year before the date that final payment of
1519		-	all such bonds, interest, and reimbursement is expected by the
1520		-	chairman of the authority to be completed, the chairman shall notify the
1521		-	state budget committee in writing of the expected date of final
1522		-	payment.
1523		-	(f) Such tolls shall not be subject to supervision or regulation by any
1524		-	other commission, board, bureau, or agency of the state.
1525		-	(g) The tolls, rents, and all other revenues derived by the authority
1526		-	from the toll road project, except those received in accordance with a
1527		-	public-private agreement under IC 8-15.5, shall be used as follows:
1528		-	(1) To pay the cost of operating, maintaining, and repairing the
1529		-	toll road project, including major repairs, replacements, and
1530		-	improvements, to the extent that those costs are not paid out of
1531		-	other funds.
1532		-	(2) To the extent provided for in the resolution authorizing the
1533		-	issuance of bonds under this chapter or in the trust agreement
1534		-	securing the bonds, to pay:
1535		-	(A) the principal of and interest on any bonds as the principal
1536		-	and interest become due; or
1537		-	(B) the redemption price or purchase price of the bonds retired
1538		-	by call or purchase.
1539		-	(3) Except as prohibited by the resolution authorizing the issuance
1540		-	of bonds under this chapter or the trust agreement securing them,
1541		-	for any purpose relating to any toll road project, including the
1542		-	HEA 1211 — CC 1 37
1543		-	subject toll road project, as the authority provides by resolution.
1544		-	(h) Neither the resolution nor any trust agreement by which a pledge
1545		-	is created needs to be filed or recorded except in the records of the
1546		-	authority.
1547		-	(i) The use and disposition of moneys to the credit of any sinking
1548		-	fund shall be subject to the provisions of any resolution or resolutions
1549		-	authorizing the issuance of any bonds or of any trust agreement. Except
1550		-	as may otherwise be provided in this chapter or in any resolution or any
1551		-	trust agreement, any sinking fund shall be a fund for all bonds without
1552		-	distinction or priority of one over another, subject, however, to such
1553		-	priorities as may arise from prior pledges.
1554		-	(j) In the case of a toll road project that is leased to the department
1555		-	under IC 8-9.5-8-8, the lease must require that the department fix tolls
1556		-	for the toll road project that comply with IC 8-9.5-8-8(c)(6).
1557		-	(k) User fees (as defined in IC 8-15.5-2-10) for a toll road project
1558		-	that is subject to a public-private agreement under IC 8-15.5 shall be
1559		-	set in accordance with IC 8-15.5-7.
1560		-	SECTION 36. IC 8-15-2-17.2, AS AMENDED BY P.L.140-2013,
1561		-	SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1562		-	JULY 1, 2022]: Sec. 17.2. (a) Notwithstanding IC 9, the authority may
1563		-	adopt rules:
1564		-	(1) Establishing weight and size limitations for vehicles using a
1565		-	toll road project, subject to the following:
1566		-	(A) The operator of any vehicle exceeding any of the
1567		-	maximum allowable dimensions or weights as set out by the
1568		-	authority in rules and regulations shall apply to the authority
1569		-	in writing, for an application for a special hauling permit,
1570		-	which application must be in compliance with all the terms
1571		-	thereof, and which application must be received at least seven
1572		-	(7) days prior to the time of permitted entry should such permit
1573		-	be granted. Such permit, if granted, will be returned to the
1574		-	applicant in duplicate, properly completed and numbered, and
1575		-	the driver of the vehicle shall have a copy to present to the toll
1576		-	attendant on duty at the point of entry.
1577		-	(B) The authority shall assess a fee for issuing a special
1578		-	hauling permit. In assessing the fee, the authority shall take
1579		-	into consideration the following factors:
1580		-	(i) The administrative cost of issuing the permit.
1581		-	(ii) The potential damage the vehicle represents to the
1582		-	project.
1583		-	(iii) The potential safety hazard the vehicle represents.
1584		-	(2) Establishing the minimum speed that a motor vehicle may be
1585		-	HEA 1211 — CC 1 38
1586		-	driven on the interstate defense network of dual highways.
1587		-	(3) Designating one-way traffic lanes on a toll road project.
1588		-	(4) Determining the manner of operation of motor vehicles
1589		-	entering and leaving traffic lanes on a toll road project.
1590		-	(5) Determining the regulation of U-turns, of crossing or entering
1591		-	medians, of stopping, parking, or standing, and of passing motor
1592		-	vehicles on a toll road project.
1593		-	(6) Determining the establishment and enforcement of traffic
1594		-	control signs and signals for motor vehicles in traffic lanes,
1595		-	acceleration and deceleration lanes, toll plazas, and interchanges
1596		-	on a toll road project.
1597		-	(7) Determining the limitation of entry to and exit from a toll road
1598		-	project to designated entrances and exits.
1599		-	(8) Determining the limitation on use of a toll road project by
1600		-	pedestrians and aircraft and by vehicles of a type specified in such
1601		-	rules and regulations.
1602		-	(9) Regulating commercial activity on a toll road project,
1603		-	including but not limited to:
1604		-	(A) the offering or display of goods or services for sale;
1605		-	(B) the posting, distributing, or displaying of signs,
1606		-	advertisements, or other printed or written material; and
1607		-	(C) the operation of a mobile or stationary public address
1608		-	system.
1609		-	(10) Establishing enforcement procedures and making
1610		-	assessments for the failure to pay required tolls. The authority
1611		-	may adopt rules under this subdivision under IC 4-22-2-37.1.
1612		-	Except as provided in IC 4-22-2-37.1, a rule under this
1613		-	subdivision adopted under IC 4-22-2-37.1 expires on the
1614		-	expiration date stated in the rule.
1615		-	(b) A person who violates a rule adopted under this section commits
1616		-	a Class C infraction. However, a violation of a weight limitation
1617		-	established by the authority under this section is:
1618		-	(1) a Class B infraction if the total of all excesses of weight under
1619		-	those limitations is more than five thousand (5,000) pounds but
1620		-	not more than ten thousand (10,000) pounds; and
1621		-	(2) a Class A infraction if the total of all excesses of weight under
1622		-	those limitations is more than ten thousand (10,000) pounds.
1623		-	(c) It is a defense to the charge of violating a weight limitation
1624		-	established by the authority under this section that the total of all
1625		-	excesses of weight under those limitations is less than one thousand
1626		-	(1,000) pounds.
1627		-	(d) The court may suspend the registration of a vehicle that violated:
1628		-	HEA 1211 — CC 1 39
1629		-	(1) a size or weight limitation established by the authority under
1630		-	this section; or
1631		-	(2) a rule adopted under subsection (a)(10);
1632		-	for a period of not more than ninety (90) days.
1633		-	(e) Upon the conviction of a person for a violation of a weight or
1634		-	size limitation established by the authority under this section, the court
1635		-	may recommend suspension of the person's current chauffeur's license
1636		-	only if the violation was committed knowingly.
1637		-	SECTION 37. IC 8-15.5-7-8, AS AMENDED BY P.L.140-2013,
1638		-	SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1639		-	JULY 1, 2022]: Sec. 8. (a) The authority may fix user fees under this
1640		-	chapter by rule under IC 4-22-2-37.1. Except as provided in
1641		-	IC 4-22-2-37.1, a rule adopted under this subsection expires on the
1642		-	expiration date stated in the rule.
1643		-	(b) Any action to contest the validity of user fees fixed under this
1644		-	chapter may not be brought after the fifteenth day following the
1645		-	effective date of a rule fixing the user fees adopted under subsection
1646		-	(a).
1647		-	SECTION 38. IC 8-23-5-10, AS AMENDED BY P.L.156-2021,
1648		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1649		-	JULY 1, 2022]: Sec. 10. (a) The following definitions apply only
1650		-	throughout this section:
1651		-	(1) "Communications infrastructure" includes all facilities and
1652		-	equipment used to provide communications service (as defined in
1653		-	IC 8-1-32.5-3), including fiber conduit. The term does not include
1654		-	a vertical structure.
1655		-	(2) "Dig once program" refers to the dig once broadband corridor
1656		-	program required under subsection (b).
1657		-	(3) "Fiber conduit" means protective conduit of a size and
1658		-	material that is suitable for underground installation of broadband
1659		-	fiber infrastructure.
1660		-	(4) "Limited access highway" means any roadway that is under
1661		-	the jurisdiction and control of the department and that is one (1)
1662		-	of the following:
1663		-	(A) An interstate.
1664		-	(B) A toll road, tollway, or toll bridge.
1665		-	(C) U.S. 30.
1666		-	(D) U.S. 31.
1667		-	(5) "Vertical structure" means a privately owned structure that is
1668		-	more than one hundred (100) feet above ground and that is used
1669		-	primarily for providing wireless communications service. The
1670		-	term includes related equipment associated with the structure,
1671		-	HEA 1211 — CC 1 40
1672		-	including air conditioned equipment shelters and rooms,
1673		-	electronic equipment, and supporting equipment.
1674		-	(b) Not later than January 1, 2022, the department shall:
1675		-	(1) implement a dig once broadband corridor program to manage
1676		-	the location, installation, and maintenance of communications
1677		-	infrastructure that is used for the provision of broadband services
1678		-	and is located within highway rights-of-way of limited access
1679		-	highways; and
1680		-	(2) adopt policies, procedures, and standards under the dig once
1681		-	program for required installation of fiber conduit by a public or
1682		-	private entity that performs an excavation within a limited access
1683		-	highway right-of-way.
1684		-	(c) The dig once program shall apply only to locations along or
1685		-	within a limited access highway right-of-way. The dig once program
1686		-	shall not apply to the placement of communications infrastructure that
1687		-	laterally crosses a roadway under the control of the department.
1688		-	(d) Except as provided in subsection (e), the department shall
1689		-	impose a fee for the use of communications infrastructure installed and
1690		-	maintained under subsection (b). The amount of the fee may not be
1691		-	more than the reasonable fair market value of the use of the highway
1692		-	right-of-way within the broadband corridor.
1693		-	(e) Except for portions of a U.S. route that is a limited access
1694		-	highway under subsection (a)(4), with respect to state routes or U.S.
1695		-	routes, the department may impose only:
1696		-	(1) a one (1) time permit application fee for the location or
1697		-	installation of communications infrastructure that is used for the
1698		-	provision of broadband services and is placed along or within a
1699		-	highway right-of-way; and
1700		-	(2) routine right-of-way permit fees to enter the department's
1701		-	rights-of-way for the maintenance of existing facilities.
1702		-	(f) The department shall not unreasonably discriminate with respect
1703		-	to the following among entities requesting access to broadband
1704		-	corridors or other department controlled rights-of-way:
1705		-	(1) Approving applications, issuing permits, or otherwise
1706		-	establishing terms and conditions for the location, installation,
1707		-	and maintenance of communications infrastructure used for the
1708		-	provision of broadband services.
1709		-	(2) Providing access to rights-of-way, infrastructure, utility poles,
1710		-	river and bridge crossings, and other physical assets owned,
1711		-	controlled, or managed by the department.
1712		-	(3) The type of technology deployed for the provision of
1713		-	broadband services.
1714		-	HEA 1211 — CC 1 41
1715		-	However, nothing in this subsection abrogates or limits the
1716		-	department's authority under IC 8-23 this article to safely and
1717		-	efficiently manage and operate the state highway system and associated
1718		-	highway rights-of-way for the benefit of the traveling public.
1719		-	(g) The department shall adopt rules under IC 4-22-2, including
1720		-	emergency rules adopted in the manner provided by IC 4-22-2-37.1, to
1721		-	establish the policies, procedures, and standards required under
1722		-	subsection (b) and to otherwise implement this section. Rules or
1723		-	emergency rules adopted by the department under this subsection must
1724		-	take effect not later than January 1, 2022. Notwithstanding
1725		-	IC 4-22-2-37.1(g), Except as provided in IC 4-22-2-37.1, an
1726		-	emergency rule adopted by the department under this subsection in the
1727		-	manner provided by IC 4-22-2-37.1 expires on the date a rule that
1728		-	supersedes the emergency rule is adopted by the department under
1729		-	IC 4-22-2-24 through IC 4-22-2-36.
1730		-	SECTION 39. IC 9-17-5-6, AS ADDED BY P.L.81-2021,
1731		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1732		-	JULY 1, 2022]: Sec. 6. (a) As used in this section, "qualified service
1733		-	provider" means a person able to provide electronic lien or electronic
1734		-	title services in coordination with vehicle lienholders and state
1735		-	departments of motor vehicles.
1736		-	(b) As used in this section, "qualified vendor" refers to a person with
1737		-	whom the bureau contracts to:
1738		-	(1) develop;
1739		-	(2) implement; and
1740		-	(3) provide ongoing support with respect to;
1741		-	a statewide electronic lien and title system under this section.
1742		-	(c) As used in this section, "statewide electronic lien and title
1743		-	system" or "system" means a statewide electronic lien and title system
1744		-	implemented by the bureau under this section to process:
1745		-	(1) vehicle titles;
1746		-	(2) certificate of title data in which a lien is notated; and
1747		-	(3) the notification, maintenance, and release of security interests
1748		-	in vehicles;
1749		-	through electronic means instead of paper documents.
1750		-	(d) Not later than the dates set forth in subsection (h), the bureau
1751		-	shall implement a statewide electronic lien and title system for the
1752		-	following purposes:
1753		-	(1) To facilitate and promote commerce and governmental
1754		-	transactions by validating and authorizing the use of electronic
1755		-	records.
1756		-	(2) To modernize the law and eliminate barriers to electronic
1757		-	HEA 1211 — CC 1 42
1758		-	commerce and governmental transactions resulting from
1759		-	uncertainties related to handwritten and other written materials.
1760		-	(3) To promote uniformity of the law among the states relating to
1761		-	the use of electronic and similar technological means of effecting
1762		-	and performing commercial and governmental transactions.
1763		-	(4) To promote public confidence in the validity, integrity, and
1764		-	reliability of electronic commerce and governmental transactions.
1765		-	(5) To promote the development of the legal and business
1766		-	infrastructure necessary to implement electronic commerce and
1767		-	governmental transactions.
1768		-	(e) The bureau may:
1769		-	(1) contract with one (1) or more qualified vendors to develop and
1770		-	implement a statewide electronic lien and title system; or
1771		-	(2) develop and make available to qualified service providers a
1772		-	well defined set of information services that will enable secure
1773		-	access to the data and internal application components necessary
1774		-	to facilitate the creation of a statewide electronic lien and title
1775		-	system.
1776		-	(f) If the bureau elects under subsection (e)(1) to contract with one
1777		-	(1) or more qualified vendors to develop and implement a statewide
1778		-	electronic lien and title system, the following apply:
1779		-	(1) The bureau shall issue a competitive request for proposals to
1780		-	assess the qualifications of any vendor seeking to develop,
1781		-	implement, and provide ongoing support for the system. The
1782		-	bureau may reserve the right to receive input concerning
1783		-	specifications for the establishment and operation of the system
1784		-	from parties that do not respond to the bureau's request for
1785		-	proposals.
1786		-	(2) A contract entered into between the bureau and a qualified
1787		-	vendor may not provide for any costs or charges payable by the
1788		-	bureau to the qualified vendor. The qualified vendor shall
1789		-	reimburse the bureau for any reasonable and documented costs
1790		-	incurred by the bureau and directly associated with the
1791		-	development, implementation, or ongoing support of the system.
1792		-	(3) Upon implementing a statewide electronic lien and title
1793		-	system under this section, the qualified vendor may charge
1794		-	participating lienholders or their agents a fee for each lien
1795		-	notification transaction provided through the system, in order to
1796		-	recover the qualified vendor's costs associated with the
1797		-	development, implementation, and ongoing administration of the
1798		-	system. A lien notification fee under this subdivision must be
1799		-	consistent with market pricing and may not exceed three dollars
1800		-	HEA 1211 — CC 1 43
1801		-	and fifty cents ($3.50). The qualified vendor may not charge
1802		-	lienholders or their agents any additional fee for lien releases,
1803		-	assignments, or transfers. The qualified vendor may not charge a
1804		-	fee under this subdivision to a state agency or its agents for lien
1805		-	notification, lien release, lien assignment, or lien transfer. To
1806		-	recover their costs associated with the lien, participating
1807		-	lienholders or their agents may charge:
1808		-	(A) the borrower in a vehicle loan; or
1809		-	(B) the lessee in a vehicle lease;
1810		-	an amount equal to any lien notification fee imposed by the
1811		-	qualified vendor under this subdivision, plus a fee in an amount
1812		-	not to exceed three dollars ($3) for each electronic transaction in
1813		-	which a lien is notated.
1814		-	(4) A qualified vendor may also serve as a qualified service
1815		-	provider to motor vehicle lienholders if the following conditions
1816		-	are met:
1817		-	(A) The contract between the bureau and the qualified vendor
1818		-	must include provisions specifically prohibiting the qualified
1819		-	vendor from using information concerning vehicle titles for
1820		-	any commercial, marketing, business, or other purpose not
1821		-	specifically contemplated by this chapter.
1822		-	(B) The contract between the bureau and the qualified vendor
1823		-	must include an acknowledgment by the qualified vendor that
1824		-	the qualified vendor is required to enter into agreements to
1825		-	exchange electronic lien data with any:
1826		-	(i) qualified service providers that offer electronic lien or
1827		-	title services in Indiana and that have been approved by the
1828		-	bureau for participation in the system; and
1829		-	(ii) qualified service providers that are not qualified vendors.
1830		-	(C) The bureau must periodically monitor the fees charged by
1831		-	a qualified vendor that also:
1832		-	(i) serves as a qualified service provider to lienholders; or
1833		-	(ii) provides services as a qualified vendor to other qualified
1834		-	service providers;
1835		-	to ensure that the qualified vendor is not engaging in predatory
1836		-	pricing.
1837		-	(g) If the bureau elects under subsection (e)(2) to develop an
1838		-	interface to provide qualified service providers secure access to data to
1839		-	facilitate the creation of a statewide electronic lien and title system, the
1840		-	following apply:
1841		-	(1) The bureau shall establish:
1842		-	(A) the total cost to develop the statewide electronic lien and
1843		-	HEA 1211 — CC 1 44
1844		-	title system by July 1, 2021;
1845		-	(B) qualifications for third party service providers offering
1846		-	electronic lien services; and
1847		-	(C) a qualification process to:
1848		-	(i) evaluate electronic lien and title system technologies
1849		-	developed by third party service providers; and
1850		-	(ii) determine whether such technologies comply with
1851		-	defined security and platform standards.
1852		-	(2) Not later than February 1, 2022, the bureau shall publish on
1853		-	the bureau's Internet web site the qualifications established by the
1854		-	bureau under subdivision (1). A third party service provider that
1855		-	seeks to become qualified by the bureau under this subsection
1856		-	must demonstrate the service provider's qualifications, in the form
1857		-	and manner specified by the bureau, not later than thirty (30) days
1858		-	after the date of the bureau's publication under this subdivision.
1859		-	After the elapse of the thirty (30) day period during which third
1860		-	party service providers may respond to the bureau's publication
1861		-	under this subdivision, the bureau shall notify each responding
1862		-	third party service provider as to whether the third party service
1863		-	provider has met the qualifications established by the bureau
1864		-	under subdivision (1) and is approved to participate in the
1865		-	statewide electronic lien and title system.
1866		-	(3) Not later than thirty (30) days after receiving a notice of
1867		-	approval from the bureau under subdivision (2), each qualified
1868		-	service provider shall remit to the bureau a payment in an amount
1869		-	equal to the total development costs of the system divided by the
1870		-	total number of qualified service providers participating in the
1871		-	system.
1872		-	(4) If a third party service provider that did not:
1873		-	(A) submit proof of its qualifications under subdivision (2); or
1874		-	(B) pay initial development costs under subdivision (3);
1875		-	later wishes to participate in the system, the third party service
1876		-	provider may apply to the bureau to participate in the system. The
1877		-	bureau shall allow the third party service provider to participate
1878		-	in the system if the third party service provider meets the
1879		-	qualifications established by the bureau under subdivision (1) and
1880		-	pays to the department the third party service provider's
1881		-	proportional share of the system development costs.
1882		-	(5) Each qualified service provider shall remit to the bureau, on
1883		-	a date prescribed by the bureau, an annual fee established by the
1884		-	bureau and not to exceed three thousand dollars ($3,000), to be
1885		-	used for the operation and maintenance of the system.
1886		-	HEA 1211 — CC 1 45
1887		-	(6) A contract entered into between the bureau and a qualified
1888		-	service provider may not provide for any costs or charges payable
1889		-	by the bureau to the qualified service provider.
1890		-	(7) Upon the implementation of a statewide electronic lien and
1891		-	title system under this section, a qualified service provider may
1892		-	charge participating lienholders or their agents transaction fees
1893		-	consistent with market pricing. A fee under this subdivision may
1894		-	not be charged to a state agency or its agents for lien notification,
1895		-	lien release, lien assignment, or lien transfer.
1896		-	(8) The contract between the bureau and a qualified service
1897		-	provider must include provisions specifically prohibiting the
1898		-	qualified service provider from using information concerning
1899		-	vehicle titles for any commercial, marketing, business, or other
1900		-	purpose not specifically contemplated by this chapter.
1901		-	(h) Subject to subsection (i), the bureau shall implement, and allow
1902		-	or require the use of, a statewide electronic lien and title system under
1903		-	this section as follows:
1904		-	(1) A statewide electronic lien system that is capable of
1905		-	processing:
1906		-	(A) certificate of title data in which a lien is notated; and
1907		-	(B) the notification, maintenance, and release of security
1908		-	interests in vehicles;
1909		-	through electronic means must be made available for voluntary
1910		-	use by vehicle lienholders not later than February 1, 2022.
1911		-	(2) Subject to subsection (j)(5), the bureau shall require that the
1912		-	statewide electronic lien system made available under subdivision
1913		-	(1) be used for processing:
1914		-	(A) certificate of title data in which a lien is notated; and
1915		-	(B) the notification, maintenance, and release of security
1916		-	interests in vehicles;
1917		-	after June 30, 2022.
1918		-	(3) A statewide electronic title system capable of processing
1919		-	vehicle titles through electronic means must be made available for
1920		-	voluntary use by vehicle dealers, lienholders, and owners not later
1921		-	than July 1, 2022.
1922		-	(4) The bureau shall require that the statewide electronic title
1923		-	system made available under subdivision (3) be used for
1924		-	processing vehicle titles after June 30, 2023.
1925		-	(i) Subsection (h) does not prohibit the bureau or any:
1926		-	(1) qualified vendor with whom the bureau contracts under
1927		-	subsection (f); or
1928		-	(2) qualified service provider with whom the bureau contracts
1929		-	HEA 1211 — CC 1 46
1930		-	under subsection (g);
1931		-	from implementing, making available, or requiring the use of a
1932		-	statewide electronic lien system described in subsection (h)(1) at the
1933		-	same time as, or in conjunction with, a statewide electronic title system
1934		-	described in subsection (h)(3), or from implementing, making
1935		-	available, or requiring the use of a statewide electronic lien system
1936		-	described in subsection (h)(1) or a statewide electronic title system
1937		-	described in subsection (h)(3) before the applicable dates otherwise set
1938		-	forth in subsection (h).
1939		-	(j) The following apply to the use of a statewide electronic lien
1940		-	system described in subsection (h)(1):
1941		-	(1) Notwithstanding section 5(b) of this chapter, if there are one
1942		-	(1) or more liens or encumbrances on a motor vehicle, the bureau
1943		-	may electronically transmit the lien to the first lienholder and
1944		-	notify the first lienholder of any additional liens. Subsequent lien
1945		-	satisfactions may be electronically transmitted to the bureau and
1946		-	must include the name and address of the person satisfying the
1947		-	lien.
1948		-	(2) Whenever the electronic transmission of lien notifications and
1949		-	lien satisfactions is used, a certificate of title need not be issued
1950		-	until the last lien is satisfied and a clear certificate of title can be
1951		-	issued to the owner of the motor vehicle. The bureau may print or
1952		-	issue electronically the clear certificate of title to the owner or
1953		-	subsequent assignee of the motor vehicle.
1954		-	(3) If a motor vehicle is subject to an electronic lien, the
1955		-	certificate of title for the motor vehicle is considered to be
1956		-	physically held by the lienholder for purposes of compliance with
1957		-	state or federal odometer disclosure requirements.
1958		-	(4) A certified copy of the bureau's electronic record of a lien is
1959		-	admissible in any civil, criminal, or administrative proceeding in
1960		-	Indiana as evidence of the existence of the lien. If a certificate of
1961		-	title is maintained electronically in a statewide electronic title
1962		-	system described in subsection (h)(3), a certified copy of the
1963		-	bureau's electronic record of the certificate of title is admissible
1964		-	in any civil, criminal, or administrative proceeding in Indiana as
1965		-	evidence of the existence and contents of the certificate of title.
1966		-	(5) All individuals and lienholders who conduct at least twelve
1967		-	(12) lien transactions annually must use the statewide electronic
1968		-	lien and title system implemented under this section to record
1969		-	information concerning the perfection and release of a security
1970		-	interest in a vehicle.
1971		-	(6) An electronic notice or release of a lien made through the
1972		-	HEA 1211 — CC 1 47
1973		-	statewide electronic lien and title system implemented under this
1974		-	section has the same force and effect as a notice or release of a
1975		-	lien made on a paper document.
1976		-	(7) The bureau may convert an existing paper lien to an electronic
1977		-	lien upon request of the primary lienholder. The bureau, or a third
1978		-	party contracting with the bureau under this section, is authorized
1979		-	to collect a fee not to exceed three dollars ($3) for each
1980		-	conversion performed under this subdivision. A fee under this
1981		-	subdivision may not be charged to a state agency or its agents.
1982		-	(8) Notwithstanding section 5 of this chapter, any requirement
1983		-	that a security interest or other information appear on a certificate
1984		-	of title is satisfied by the inclusion of that information in an
1985		-	electronic file maintained in an electronic title system.
1986		-	(k) Nothing in this section precludes the bureau from collecting a
1987		-	title fee for the preparation and issuance of a title.
1988		-	(l) The bureau may adopt rules under IC 4-22-2 to implement this
1989		-	section, including emergency rules in the manner provided by
1990		-	IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
1991		-	provided in IC 4-22-2-37.1, an emergency rule adopted by the bureau
1992		-	under this subsection and in the manner provided by IC 4-22-2-37.1
1993		-	expires on the date on which a rule that supersedes the emergency rule
1994		-	is adopted by the bureau under IC 4-22-2-24 through IC 4-22-2-36.
1995		-	SECTION 40. IC 9-20-1-5, AS ADDED BY P.L.198-2016,
1996		-	SECTION 338, IS AMENDED TO READ AS FOLLOWS
1997		-	[EFFECTIVE JULY 1, 2022]: Sec. 5. The Indiana department of
1998		-	transportation shall adopt emergency rules in the manner provided
1999		-	under IC 4-22-2-37.1 for the:
2000		-	(1) issuance, fee structure, and enforcement of permits for
2001		-	overweight divisible loads;
2002		-	(2) fee structure of permits for loads on extra heavy duty
2003		-	highways; and
2004		-	(3) fee structure of permits for overweight loads.
2005		-	Except as provided in IC 4-22-2-37.1, a rule adopted under this
2006		-	section expires only with the adoption of a new superseding rule.
2007		-	SECTION 41. IC 9-30-6-5.5, AS AMENDED BY P.L.40-2012,
2008		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2009		-	JULY 1, 2022]: Sec. 5.5. (a) Notwithstanding IC 4-22-2, to implement
2010		-	P.L.1-2000, the director of the department of toxicology of the Indiana
2011		-	University School of Medicine may adopt a rule required under section
2012		-	5 of this chapter, section 6 of this chapter, or both in the manner
2013		-	provided for emergency rules under IC 4-22-2-37.1.
2014		-	(b) A rule adopted under this section is effective when it is filed
2015		-	HEA 1211 — CC 1 48
2016		-	with the secretary of state and, except as provided in IC 4-22-2-37.1,
2017		-	expires on the latest of the following:
2018		-	(1) The date that the director adopts another emergency rule
2019		-	under this section to amend, repeal, or otherwise supersede the
2020		-	previously adopted emergency rule.
2021		-	(2) The date that the director adopts a permanent rule under
2022		-	IC 4-22-2 to amend, repeal, or otherwise supersede the previously
2023		-	adopted emergency rule.
2024		-	(3) July 1, 2001.
2025		-	(c) For the purposes of IC 9-30-7-4, IC 14-15-8-14 (before its
2026		-	repeal), IC 35-46-9, and other statutes, the provisions of a rule adopted
2027		-	under this section shall be treated as a requirement under section 5 of
2028		-	this chapter, section 6 of this chapter, or both as appropriate.
2029		-	SECTION 42. IC 12-13-16-13, AS ADDED BY P.L.73-2020,
2030		-	SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2031		-	JULY 1, 2022]: Sec. 13. (a) The office of the secretary may adopt rules
2032		-	under IC 4-22-2 necessary to implement this chapter.
2033		-	(b) The office of the secretary may adopt emergency rules under
2034		-	IC 4-22-2-37.1 to implement this chapter on an emergency basis.
2035		-	(c) Except as provided in IC 4-22-2-37.1, an emergency rule or an
2036		-	amendment to an emergency rule adopted under this section expires not
2037		-	later than one (1) year after the rule is accepted for filing under
2038		-	IC 4-22-2-37.1(e). IC 4-22-2-37.1(f).
2039		-	SECTION 43. IC 13-14-8-1, AS AMENDED BY P.L.140-2013,
2040		-	SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2041		-	JULY 1, 2022]: Sec. 1. (a) The board may:
2042		-	(1) adopt;
2043		-	(2) repeal;
2044		-	(3) rescind; or
2045		-	(4) amend;
2046		-	rules and standards by proceeding in the manner prescribed in
2047		-	IC 4-22-2 and IC 13-14-9.
2048		-	(b) The board may adopt an emergency rule under IC 4-22-2-37.1
2049		-	to comply with a deadline required by or other date provided by federal
2050		-	law if:
2051		-	(1) the variance procedures are included in the rule; and
2052		-	(2) permits or licenses granted during the period the emergency
2053		-	rule is in effect are reviewed after the emergency rule expires.
2054		-	Except as provided in IC 4-22-2-37.1, an emergency rule adopted
2055		-	under this subsection may be extended for two (2) extension periods by
2056		-	adopting another rule under IC 4-22-2-37.1. IC 4-22-2-37.1(g)(3) does
2057		-	not apply to an emergency rule adopted under this subsection.
2058		-	HEA 1211 — CC 1 49
2059		-	SECTION 44. IC 13-14-9-4, AS AMENDED BY P.L.218-2016,
2060		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2061		-	JULY 1, 2022]: Sec. 4. (a) The department shall provide notice in the
2062		-	Indiana Register of the second public comment period required by
2063		-	section 2 of this chapter. A notice provided under this section must do
2064		-	the following:
2065		-	(1) Contain the full text of the proposed rule, to the extent
2066		-	required under IC 4-22-2-24(c).
2067		-	(2) Contain a summary of the response of the department to
2068		-	written comments submitted under section 3 of this chapter
2069		-	during the first public comment period.
2070		-	(3) Request the submission of comments, including suggestions
2071		-	of specific amendments to the language contained in the proposed
2072		-	rule.
2073		-	(4) Contain the full text of the commissioner's written findings
2074		-	under section 7 of this chapter, if applicable.
2075		-	(5) Identify each element of the proposed rule that imposes a
2076		-	restriction or requirement on persons to whom the proposed rule
2077		-	applies that:
2078		-	(A) is more stringent than a restriction or requirement imposed
2079		-	under federal law; or
2080		-	(B) applies in a subject area in which federal law does not
2081		-	impose a restriction or requirement.
2082		-	(6) With respect to each element identified under subdivision (5),
2083		-	identify:
2084		-	(A) the environmental circumstance or hazard that dictates the
2085		-	imposition of the proposed restriction or requirement to
2086		-	protect human health and the environment;
2087		-	(B) examples in which federal law is inadequate to provide the
2088		-	protection referred to in clause (A); and
2089		-	(C) the:
2090		-	(i) estimated fiscal impact; and
2091		-	(ii) expected benefits;
2092		-	based on the extent to which the proposed rule is more
2093		-	stringent than the restrictions or requirements of federal law,
2094		-	or on the creation of restrictions or requirements in a subject
2095		-	area in which federal law does not impose restrictions or
2096		-	requirements.
2097		-	(7) For any element of the proposed rule that imposes a restriction
2098		-	or requirement that is more stringent than a restriction or
2099		-	requirement imposed under federal law or that applies in a subject
2100		-	area in which federal law does not impose restrictions or
2101		-	HEA 1211 — CC 1 50
2102		-	requirements, describe the availability for public inspection of all
2103		-	materials relied upon by the department in the development of the
2104		-	proposed rule, including, if applicable:
2105		-	(A) health criteria;
2106		-	(B) analytical methods;
2107		-	(C) treatment technology;
2108		-	(D) economic impact data;
2109		-	(E) environmental assessment data;
2110		-	(F) analyses of methods to effectively implement the proposed
2111		-	rule; and
2112		-	(G) other background data.
2113		-	(8) Identify whether the proposed rule imposes a penalty, fine,
2114		-	or other similar negative impact on a person or business, and
2115		-	if so, contain a written description of the penalty, fine, or
2116		-	other similar negative impact, and why the penalty, fine, or
2117		-	other similar negative impact is considered necessary.
2118		-	(b) The notice required under subsection (a):
2119		-	(1) shall be published electronically in the Indiana Register under
2120		-	procedures established by the publisher; and
2121		-	(2) if any element of the proposed rule to which the notice relates
2122		-	imposes a restriction or requirement that is more stringent than a
2123		-	restriction or requirement imposed under federal law, shall be
2124		-	submitted in an electronic format under IC 5-14-6 to the executive
2125		-	director of the legislative services agency, who shall present the
2126		-	notice to the legislative council established by IC 2-5-1.1-1; and
2127		-	(3) if the proposed rule imposes a penalty, fine, or other
2128		-	similar negative impact on a person or business as described
2129		-	in subsection (a)(8), shall be submitted by the publisher, in an
2130		-	electronic format to:
2131		-	(A) each member of the standing committee or standing
2132		-	committees that have subject matter jurisdiction most
2133		-	closely relating to the subject matter of the rule;
2134		-	(B) the governor; and
2135		-	(C) the office of management and budget.
2136		-	(c) If the notice provided by the department concerning a proposed
2137		-	rule identifies, under subsection (a)(5), an element of the proposed rule
2138		-	that imposes a restriction or requirement more stringent than a
2139		-	restriction or requirement imposed under federal law, the proposed rule
2140		-	shall not become effective under this chapter until the adjournment sine
2141		-	die of the regular session of the general assembly that begins after the
2142		-	department provides the notice.
2143		-	(d) Subsections (b)(2) and (c) do not prohibit or restrict the
2144		-	HEA 1211 — CC 1 51
2145		-	commissioner, the department, or the board from:
2146		-	(1) adopting emergency rules under IC 4-22-2-37.1;
2147		-	(2) taking emergency action under IC 13-14-10; or
2148		-	(3) temporarily:
2149		-	(A) altering ordinary operating policies or procedures; or
2150		-	(B) implementing new policies or procedures;
2151		-	in response to an emergency situation.
2152		-	SECTION 45. IC 13-14-9.5-1.1 IS AMENDED TO READ AS
2153		-	FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1.1. (a) This section
2154		-	applies to the following:
2155		-	(1) A rule that is required to receive or maintain:
2156		-	(A) delegation;
2157		-	(B) primacy; or
2158		-	(C) approval;
2159		-	for state implementation or operation of a program established
2160		-	under federal law.
2161		-	(2) A rule that is required to begin or continue receiving federal
2162		-	funding for the implementation or operation of a program.
2163		-	(b) A rule described in subsection (a) does not expire under this
2164		-	chapter.
2165		-	(c) In the seventh fourth year after the effective date of a rule or an
2166		-	amendment to a rule described in subsection (a), the department shall
2167		-	publish a notice in the Indiana Register. The notice may contain a list
2168		-	of several rules that have been effective for seven (7) four (4) years. A
2169		-	separate notice must be published for each board with rulemaking
2170		-	authority. A notice under this subsection must provide for the
2171		-	following:
2172		-	(1) A written comment period of at least thirty (30) days.
2173		-	(2) A request for comments on specific rules that should be
2174		-	reviewed through the regular rulemaking process under
2175		-	IC 13-14-9.
2176		-	(3) A notice of public hearing before the appropriate board.
2177		-	(4) The information required to be identified or described under
2178		-	IC 13-14-9-4(5) IC 13-14-9-4(a)(5) through IC 13-14-9-4(7)
2179		-	IC 13-14-9-4(a)(8) in the same manner that would apply if the
2180		-	proposed renewal of the expired rule were a proposal to adopt a
2181		-	new rule.
2182		-	(d) The department shall:
2183		-	(1) prepare responses to all comments received during the
2184		-	comment period; and
2185		-	(2) provide all comments and responses to the board during the
2186		-	public board hearing;
2187		-	HEA 1211 — CC 1 52
2188		-	described in subsection (c).
2189		-	(e) The board, after considering the written comments and
2190		-	responses, as well as testimony at the public hearing described in
2191		-	subsection (c), shall direct the department on whether additional
2192		-	rulemaking actions must be initiated to address concerns raised to the
2193		-	board.
2194		-	(f) For the rules described in subsection (a) that are effective on or
2195		-	before:
2196		-	(1) July 1, 2001, the notice described in subsection (c) shall be
2197		-	published in the Indiana Register before December 31, 2008; or
2198		-	(2) July 1, 2022, the notice described in subsection (c) shall be
2199		-	published in the Indiana Register not later than June 30, 2026.
2200		-	SECTION 46. IC 13-14-9.5-2, AS AMENDED BY P.L.215-2005,
2201		-	SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2202		-	JULY 1, 2022]: Sec. 2. (a) Except as provided in subsection (b) or
2203		-	section 1.1 of this chapter, an administrative rule adopted under
2204		-	IC 13-14-9 expires January 1 of the seventh year after the year in which
2205		-	the rule takes effect, unless the rule contains an earlier expiration date.
2206		-	The expiration date of a rule under this section is extended each time
2207		-	that a rule amending an unexpired rule takes effect. The rule, as
2208		-	amended, expires on January 1 of the seventh year after the year in
2209		-	which the amendment takes effect.
2210		-	(b) An administrative rule that:
2211		-	(1) was adopted under a provision of IC 13 that has been repealed
2212		-	by a recodification of IC 13;
2213		-	(2) is in force on December 31, 1995; and
2214		-	(3) is not amended by a rule that takes effect after December 31,
2215		-	1995, and before January 1, 2002;
2216		-	expires not later than January 1, 2002.
2217		-	(c) The determination of whether an administrative rule expires
2218		-	under this chapter shall be applied at the level of an Indiana
2219		-	Administrative Code section.
2220		-	SECTION 47. IC 13-14-9.5-2.1 IS ADDED TO THE INDIANA
2221		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
2222		-	[EFFECTIVE JULY 1, 2022]: Sec. 2.1. (a) Except as provided in
2223		-	subsection (b) or section 1.1 of this chapter, an administrative rule
2224		-	adopted under IC 13-14-9 expires July 1 of the fourth year after
2225		-	the year in which the rule takes effect, unless the rule contains an
2226		-	earlier expiration date. The expiration date of a rule under this
2227		-	section is extended each time that a rule amending an unexpired
2228		-	rule takes effect. The rule, as amended, expires on July 1 of the
2229		-	fourth year after the year in which the amendment takes effect.
2230		-	HEA 1211 — CC 1 53
2231		-	(b) This subsection applies to an administrative rule that:
2232		-	(1) was adopted under IC 4-22-2 or IC 13-14-9, or readopted
2233		-	under IC 4-22-2.5 or this chapter after December 31, 2015,
2234		-	and before January 1, 2020; and
2235		-	(2) is in force on June 30, 2022.
2236		-	The expiration date of a rule described in this subsection is
2237		-	extended under this subsection if the agency intends to readopt the
2238		-	rule. The rule expires on July 1, 2024.
2239		-	SECTION 48. IC 13-14-9.5-3 IS AMENDED TO READ AS
2240		-	FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The department
2241		-	or a board that has rulemaking authority under this title may adopt a
2242		-	rule under IC 13-14-9 in anticipation of a rule's expiration under this
2243		-	chapter.
2244		-	(b) Except as provided in section 5 of this chapter, the department
2245		-	or a board that has rulemaking authority under this title may not use
2246		-	emergency rule procedures to readopt a rule that is subject to expiration
2247		-	under this chapter.
2248		-	(c) This subsection applies to a rule that expires under this
2249		-	chapter after June 30, 2024. Subject to subsection (f), before the
2250		-	department or a board that has rulemaking authority under this
2251		-	title may readopt a rule under this section, and not later than
2252		-	January 1 of the third year after the year in which the rule most
2253		-	recently took effect, the department or board shall provide notice
2254		-	of the pending readoption of the rule to the publisher. At the same
2255		-	time the agency provides notice of the pending readoption of the
2256		-	rule, the agency shall submit:
2257		-	(1) a copy of the rule;
2258		-	(2) any economic impact statement prepared concerning the
2259		-	rule; and
2260		-	(3) if the rule imposes a penalty, fine, or other similar negative
2261		-	impact on a person or business, a written description of the
2262		-	penalty, fine, or other similar negative impact, and why the
2263		-	penalty, fine, or other similar negative impact is considered
2264		-	necessary.
2265		-	(d) The publisher shall provide a copy of any materials
2266		-	submitted under subsection (c) in an electronic format to:
2267		-	(1) each member of the standing committee or standing
2268		-	committees that have subject matter jurisdiction most closely
2269		-	relating to the subject matter of the rule;
2270		-	(2) the governor; and
2271		-	(3) the office of management and budget.
2272		-	(e) The publisher shall publish the materials submitted under
2273		-	HEA 1211 — CC 1 54
2274		-	subsection (c) in the Indiana Register.
2275		-	(f) If the department or a board that has rulemaking authority
2276		-	under this title intends to readopt a rule described in section 2.1(b)
2277		-	of this chapter, the department or board shall submit the materials
2278		-	under subsection (c) not later than January 1, 2023.
2279		-	SECTION 49. IC 13-14-9.5-5 IS AMENDED TO READ AS
2280		-	FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. If a rule is not
2281		-	readopted and the governor finds that the failure to readopt the rule
2282		-	causes an emergency to exist, the governor may, by executive order
2283		-	issued before the rule's expiration date, postpone the expiration date of
2284		-	the rule until a date that is one (1) year after the date specified in
2285		-	section 2 2.1 of this chapter.
2286		-	SECTION 50. IC 13-15-4-3, AS AMENDED BY P.L.140-2013,
2287		-	SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2288		-	JULY 1, 2022]: Sec. 3. (a) A board may adopt a rule under IC 4-22-2
2289		-	that changes a period described under section 1 of this chapter within
2290		-	which the commissioner must approve or deny an application:
2291		-	(1) if:
2292		-	(A) the general assembly enacts a statute;
2293		-	(B) a board adopts a rule; or
2294		-	(C) the federal government enacts a statute or adopts a
2295		-	regulation;
2296		-	that imposes a new requirement concerning a class of applications
2297		-	that makes it infeasible for the commissioner to approve or deny
2298		-	the application within the period;
2299		-	(2) if:
2300		-	(A) the general assembly enacts a statute;
2301		-	(B) a board adopts a rule; or
2302		-	(C) the federal government enacts a statute or adopts a
2303		-	regulation;
2304		-	that establishes a new permit program for which a period is not
2305		-	described under section 1 of this chapter; or
2306		-	(3) if some other significant factor concerning a class of
2307		-	applications makes it infeasible for the commissioner to approve
2308		-	or deny the application within the period.
2309		-	(b) A board may adopt a rule described in subsection (a) as an
2310		-	emergency rule under IC 4-22-2-37.1, if:
2311		-	(1) the variance procedures are included in the rule; and
2312		-	(2) permits or licenses granted during the period the emergency
2313		-	rule is in effect are reviewed after the emergency rule expires.
2314		-	If a board adopts an emergency rule under this subsection, the period
2315		-	described in section 1 of this chapter is suspended during the
2316		-	HEA 1211 — CC 1 55
2317		-	emergency rulemaking process. Except as provided in
2318		-	IC 4-22-2-37.1, an emergency rule adopted under this subsection may
2319		-	be extended for two (2) extension periods by adopting another
2320		-	emergency rule under IC 4-22-2-37.1. IC 4-22-2-37.1(g)(3) does not
2321		-	apply to an emergency rule adopted under this subsection.
2322		-	SECTION 51. IC 16-31-3-24, AS ADDED BY P.L.77-2012,
2323		-	SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2324		-	JULY 1, 2022]: Sec. 24. The commission may implement a
2325		-	certification program for emergency services personnel regulated by
2326		-	the commission through emergency rules adopted under
2327		-	IC 4-22-2-37.1. Except as provided in IC 4-22-2-37.1, an emergency
2328		-	rule adopted under this section expires on the later of the following:
2329		-	(1) July 1, 2014.
2330		-	(2) The date permanent rules are adopted to replace the
2331		-	emergency rules.
2332		-	SECTION 52. IC 16-42-5-0.3, AS ADDED BY P.L.220-2011,
2333		-	SECTION 323, IS AMENDED TO READ AS FOLLOWS
2334		-	[EFFECTIVE JULY 1, 2022]: Sec. 0.3. (a) The state department of
2335		-	health may adopt rules establishing the initial schedule of civil
2336		-	penalties required under section 28 of this chapter, as added by
2337		-	P.L.266-2001, at any time after May 11, 2001, in the manner provided
2338		-	for the adoption of emergency rules under IC 4-22-2-37.1. Except as
2339		-	provided in IC 4-22-2-37.1, an emergency rule adopted under this
2340		-	section expires on the later of:
2341		-	(1) the date permanent rules are adopted to replace the emergency
2342		-	rules; or
2343		-	(2) July 1, 2003.
2344		-	(b) A corporation or local health department that, before January 1,
2345		-	2001, adopted monetary penalties for the violation of any state or local
2346		-	law or rule concerning food handling or food establishments may
2347		-	continue to enforce those locally prescribed monetary penalties
2348		-	(including the issuance of tickets or citations authorized by local law)
2349		-	and deposit the amounts collected as prescribed by local law until the
2350		-	later of:
2351		-	(1) the date permanent rules are adopted establishing the schedule
2352		-	of civil penalties required under section 28 of this chapter, as
2353		-	added by P.L.266-2001; or
2354		-	(2) July 1, 2003.
2355		-	SECTION 53. IC 20-49-10-13, AS ADDED BY P.L.211-2018(ss),
2356		-	SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2357		-	JULY 1, 2022]: Sec. 13. (a) The state board, in consultation with the
2358		-	secured school safety board, may adopt:
2359		-	HEA 1211 — CC 1 56
2360		-	(1) rules under IC 4-22-2; or
2361		-	(2) emergency rules under IC 4-22-2-37.1;
2362		-	necessary to implement this chapter.
2363		-	(b) Except as provided in IC 4-22-2-37.1, an emergency rule
2364		-	adopted by the state board under this section expires on the earlier of
2365		-	the following dates:
2366		-	(1) The expiration date stated in the emergency rule.
2367		-	(2) The date the emergency rule is amended or repealed by a later
2368		-	rule adopted under IC 4-22-2.
2369		-	SECTION 54. IC 22-13-2-11.5, AS AMENDED BY P.L.249-2019,
2370		-	SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2371		-	JULY 1, 2022]: Sec. 11.5. (a) As used in this section, "NFPA 72" refers
2372		-	to NFPA 72, National Fire Alarm and Signaling Code, 2010 Edition,
2373		-	published by the National Fire Protection Association, 1 Batterymarch
2374		-	Park, Quincy, Massachusetts 02169-7471.
2375		-	(b) It is the intent of the general assembly that NFPA 72, as may be
2376		-	amended by the commission under subsection (c), be incorporated into
2377		-	the Indiana Administrative Code. Not later than July 1, 2014, the
2378		-	commission shall adopt rules under IC 4-22-2 to amend 675
2379		-	IAC 28-1-28 to incorporate NFPA 72 into the Indiana Administrative
2380		-	Code, subject to subsection (c)(1) and (c)(2). The commission may
2381		-	adopt emergency rules in the manner provided under IC 4-22-2-37.1 to
2382		-	comply with this subsection. Except as provided in IC 4-22-2-37.1,
2383		-	an emergency rule adopted by the commission under IC 4-22-2-37.1 to
2384		-	comply with this subsection expires on the date a rule that supersedes
2385		-	the emergency rule is adopted by the commission under IC 4-22-2-24
2386		-	through IC 4-22-2-36.
2387		-	(c) In adopting rules to incorporate NFPA 72 into the Indiana
2388		-	Administrative Code, as required by subsection (b), the commission
2389		-	may amend NFPA 72 as the commission considers appropriate.
2390		-	However, the rules finally adopted by the commission to comply with
2391		-	this section must do the following:
2392		-	(1) Incorporate the definition of, and associated requirements for:
2393		-	(A) a managed facilities-based voice network (MFVN); and
2394		-	(B) a public switched telephone network (PSTN);
2395		-	as set forth in NFPA 72.
2396		-	(2) Allow digital alarm communicator systems that make use of
2397		-	a managed facilities-based voice network (MFVN) to transmit
2398		-	signals from a fire alarm system to an offsite monitoring facility,
2399		-	subject to the requirements for those systems set forth in NFPA
2400		-	72.
2401		-	(d) If the commission does not comply with subsection (b), the
2402		-	HEA 1211 — CC 1 57
2403		-	following apply on July 1, 2014:
2404		-	(1) The definition of, and associated requirements for:
2405		-	(A) a managed facilities-based voice network (MFVN); and
2406		-	(B) a public switched telephone network (PSTN);
2407		-	as set forth in NFPA 72, are considered incorporated into the
2408		-	Indiana Administrative Code. Any provisions of 675 IAC 28-1-28
2409		-	(or any rules adopted by a state agency, or any ordinances or other
2410		-	regulations adopted by a political subdivision) that conflict with
2411		-	the definitions and requirements described in this subdivision are
2412		-	superseded by the definitions and requirements described in this
2413		-	subdivision. This subdivision continues to apply until the
2414		-	commission adopts rules that amend 675 IAC 28-1-28 to
2415		-	incorporate NFPA 72 into the Indiana Administrative Code and
2416		-	that comply with subsection (c)(1) and (c)(2).
2417		-	(2) A person that after June 30, 2014, installs or uses a digital
2418		-	alarm communicator system that:
2419		-	(A) makes use of a managed facilities-based voice network
2420		-	(MFVN) to transmit signals from a fire alarm system to an
2421		-	offsite monitoring facility; and
2422		-	(B) meets the requirements for such a system set forth in
2423		-	NFPA 72;
2424		-	is not required to obtain a variance under section 11 of this
2425		-	chapter for the installation or use.
2426		-	SECTION 55. IC 24-4.4-1-101, AS AMENDED BY P.L.129-2020,
2427		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2428		-	JULY 1, 2022]: Sec. 101. (a) This article shall be known and may be
2429		-	cited as the First Lien Mortgage Lending Act.
2430		-	(b) Notwithstanding any other provision of this article or IC 24-4.5,
2431		-	but except as provided in IC 4-22-2-37.1, the department may adopt
2432		-	emergency rules under IC 4-22-2-37.1, to remain effective until
2433		-	codified in the Indiana Code, in order to provide for a system of
2434		-	licensing creditors and mortgage loan originators that meets the
2435		-	requirements of:
2436		-	(1) the Secure and Fair Enforcement for Mortgage Licensing Act
2437		-	of 2008 (H.R. 3221 Title V) and the interpretations of that Act
2438		-	issued by the Secretary of Housing and Urban Development and
2439		-	the Consumer Financial Protection Bureau; and
2440		-	(2) the subsequent amendment of the Secure and Fair
2441		-	Enforcement for Mortgage Licensing Act of 2008 by the
2442		-	Economic Growth, Regulatory Relief, and Consumer Protection
2443		-	Act (P.L. 115-174, 132 Stat. 1296).
2444		-	SECTION 56. IC 24-4.5-1-106, AS AMENDED BY P.L.85-2020,
2445		-	HEA 1211 — CC 1 58
2446		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2447		-	JULY 1, 2022]: Sec. 106. (1) The dollar amounts in this article
2448		-	designated as subject to change shall change, as provided in this
2449		-	section, according to the Consumer Price Index for Urban Wage
2450		-	Earners and Clerical Workers: U.S. City Average, All Items, 1957-59
2451		-	equals 100, compiled by Bureau of Labor Statistics, United States
2452		-	Department of Labor, and referred to in this section as the Index. The
2453		-	Index for October, 1971, is the Reference Base Index.
2454		-	(2) The dollar amounts shall change on January 1 of each
2455		-	odd-numbered year if the percentage of change, calculated to the
2456		-	nearest whole percentage point, between the Index at the end of the
2457		-	preceding odd-numbered year and the Reference Base Index is ten
2458		-	percent (10%) or more, except that:
2459		-	(a) the portion of the percentage change in the Index in excess of
2460		-	a multiple of ten percent (10%) shall be disregarded and the
2461		-	dollar amounts shall change only in multiples of ten percent
2462		-	(10%) of the amounts on March 5, 1971;
2463		-	(b) the dollar amounts shall not change if the amounts required by
2464		-	this section are those currently in effect pursuant to this article as
2465		-	a result of earlier application of the section; and
2466		-	(c) in no event shall the dollar amounts be reduced below the
2467		-	amounts appearing in this article on March 5, 1971.
2468		-	(3) If the Index is revised after December 1967, the percentage of
2469		-	change shall be calculated on the basis of the revised Index. If the
2470		-	revision of the Index changes the Reference Base Index, a revised
2471		-	Reference Base Index shall be determined by multiplying the
2472		-	Reference Base Index by the ratio of the revised Index to the current
2473		-	Index, as each was for the first month in which the revised Index is
2474		-	available. If the Index is superseded, the Index is the one represented
2475		-	by the Bureau of Labor Statistics as reflecting most accurately changes
2476		-	in the purchasing power of the dollar for consumers.
2477		-	(4) The department shall issue an emergency rule under
2478		-	IC 4-22-2-37.1 announcing:
2479		-	(a) sixty (60) days before January 1 of each odd-numbered year
2480		-	in which dollar amounts are to change, the changes in dollar
2481		-	amounts required by subsection (2); and
2482		-	(b) promptly after the changes occur, changes in the Index
2483		-	required by subsection (3), including, when applicable, the
2484		-	numerical equivalent of the Reference Base Index under a revised
2485		-	Reference Base Index and the designation or title of any index
2486		-	superseding the Index.
2487		-	Except as provided in IC 4-22-2-37.1, an emergency rule adopted
2488		-	HEA 1211 — CC 1 59
2489		-	under this subsection expires on the date the department is next
2490		-	required to issue a rule under this subsection.
2491		-	(5) A person does not violate this article through a transaction
2492		-	otherwise complying with this article if the person relies on dollar
2493		-	amounts either determined according to subsection (2) or appearing in
2494		-	the last rule of the department announcing the then current dollar
2495		-	amounts.
2496		-	SECTION 57. IC 24-4.5-6-107, AS AMENDED BY P.L.137-2014,
2497		-	SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2498		-	JULY 1, 2022]: Sec. 107. (1) Except as otherwise provided,
2499		-	IC 4-21.5-3 governs all agency action taken by the department under
2500		-	this chapter or IC 24-4.5-3-501 through IC 24-4.5-3-513. All
2501		-	proceedings for administrative review under IC 4-21.5-3 or judicial
2502		-	review under IC 4-21.5-5 shall be held in Marion County. The
2503		-	provisions of IC 4-22-2 prescribing procedures for the adoption of rules
2504		-	by agencies apply to the adoption of rules by the department of
2505		-	financial institutions under this article. However, if the department
2506		-	declares an emergency in the document containing the rule, the
2507		-	department may adopt rules permitted by this chapter under
2508		-	IC 4-22-2-37.1.
2509		-	(2) Except as provided in IC 4-22-2-37.1, a rule under subsection
2510		-	(1) adopted under IC 4-22-2-37.1 expires on the date the department
2511		-	next adopts a rule under the statute authorizing or requiring the rule.
2512		-	SECTION 58. IC 24-5-26.5-13, AS ADDED BY P.L.176-2021,
2513		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2514		-	JULY 1, 2022]: Sec. 13. The attorney general may adopt rules under
2515		-	IC 4-22-2, including emergency rules in the manner provided under
2516		-	IC 4-22-2-37.1, to carry out this chapter. Except as provided in
2517		-	IC 4-22-2-37.1, an emergency rule adopted by the attorney general
2518		-	under this section expires on the earlier of the following dates:
2519		-	(1) The expiration date in the emergency rule.
2520		-	(2) The date the emergency rule is amended or repealed by a later
2521		-	rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
2522		-	IC 4-22-2-37.1.
2523		-	SECTION 59. IC 24-14-10-3, AS ADDED BY P.L.281-2019,
2524		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2525		-	JULY 1, 2022]: Sec. 3. The attorney general may adopt rules under
2526		-	IC 4-22-2 to implement this article, including emergency rules in the
2527		-	manner provided by IC 4-22-2-37.1. Notwithstanding
2528		-	IC 4-22-2-37.1(g), Except as provided in IC 4-22-2-37.1, an
2529		-	emergency rule adopted by the attorney general under this section and
2530		-	in the manner provided by IC 4-22-2-37.1 expires on the date on which
2531		-	HEA 1211 — CC 1 60
2532		-	a rule that supersedes the emergency rule is adopted by the attorney
2533		-	general under IC 4-22-2-24 through IC 4-22-2-36.
2534		-	SECTION 60. IC 25-1-1.1-6, AS AMENDED BY P.L.90-2019,
2535		-	SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2536		-	JULY 1, 2022]: Sec. 6. (a) This section applies to a license or
2537		-	certificate under this title that is in effect on July 1, 2018, or created on
2538		-	or established after that date.
2539		-	(b) As used in this section, "crime" has the meaning set forth in
2540		-	IC 33-23-1-4.
2541		-	(c) As used in this section, "criminal history information" has the
2542		-	meaning set forth in IC 5-2-4-1.
2543		-	(d) Not later than November 1, 2018, a board, commission, or
2544		-	committee shall revise its licensing or certification requirements to the
2545		-	extent necessary to explicitly list the crimes that may disqualify an
2546		-	individual from receiving a license or certificate under this title. The
2547		-	board, commission, or committee may not:
2548		-	(1) use nonspecific terms, such as moral turpitude or good
2549		-	character, as a licensing or certification requirement; or
2550		-	(2) consider an arrest that does not result in a conviction.
2551		-	(e) A board's, commission's, or committee's use of an individual's
2552		-	conviction of a crime as a conviction of concern is limited to a crime
2553		-	directly related to the duties and responsibilities of the occupation or
2554		-	profession for which the individual is applying for or holds a license or
2555		-	certification.
2556		-	(f) If an individual has a conviction of concern, the period of
2557		-	disqualification may not exceed five (5) years after the date of the
2558		-	conviction, unless the individual:
2559		-	(1) was convicted of a crime of violence (as defined by
2560		-	IC 35-50-1-2(a));
2561		-	(2) was convicted of an offense relating to a criminal sexual act
2562		-	(as defined by IC 35-31.5-2-216); or
2563		-	(3) is convicted of a second or subsequent crime during the
2564		-	disqualification period.
2565		-	(g) An individual having a conviction of concern may at any time
2566		-	petition a board, commission, or committee requiring a license or
2567		-	certificate for a determination as to whether the individual's conviction
2568		-	of concern will disqualify the individual from receiving the license or
2569		-	certification. An individual filing a petition under this subsection shall
2570		-	submit the following:
2571		-	(1) At no expense to the state, a national criminal background
2572		-	check by the Federal Bureau of Investigation.
2573		-	(2) Any additional information requested by the board,
2574		-	HEA 1211 — CC 1 61
2575		-	commission, or committee to assist the board, commission, or
2576		-	committee in its review of the individual's petition.
2577		-	(h) If an individual has a conviction of concern, the board,
2578		-	commission, or committee shall consider the following in determining
2579		-	whether to deny a license or certification to the individual based on the
2580		-	following factors:
2581		-	(1) The nature and seriousness of the crime for which the
2582		-	individual was convicted.
2583		-	(2) The passage of time since the commission of the crime.
2584		-	(3) The relationship of the crime to the ability, capacity, and
2585		-	fitness required to perform the duties and discharge the
2586		-	responsibilities of the occupation.
2587		-	(4) Evidence of rehabilitation or treatment undertaken by the
2588		-	individual that might mitigate against a direct relation to the
2589		-	ability, capacity, and fitness required to perform the duties and
2590		-	discharge the responsibilities of the occupation.
2591		-	(i) If a board, commission, or committee determines an individual's
2592		-	conviction of concern disqualifies the individual from receiving a
2593		-	license or certification solely or in part because of the individual's
2594		-	criminal history, the board, commission, or committee shall notify the
2595		-	individual in writing of the following:
2596		-	(1) The grounds and reasons for the denial or disqualification.
2597		-	(2) The individual has the right to a hearing to challenge the
2598		-	licensing authority's decision.
2599		-	(3) The earliest date the individual may reapply for a license or
2600		-	certification or the earliest date the individual can petition the
2601		-	board, commission, or committee for a review.
2602		-	(4) Evidence of rehabilitation may be considered upon
2603		-	reapplication.
2604		-	(5) Findings for each of the factors specified in subdivisions (1)
2605		-	through (4).
2606		-	Any written determination that an individual's criminal history contains
2607		-	a conviction of concern that merits the denial of a license must be
2608		-	documented in written findings under subdivision (1) by clear and
2609		-	convincing evidence sufficient for review by a court. In an
2610		-	administrative hearing or a civil action reviewing the denial of a
2611		-	license, a board, commission, or committee has the burden of proof on
2612		-	the question of whether the individual's criminal history, based on the
2613		-	standards provided in subsection (h), should lead to the denial of a
2614		-	license.
2615		-	(j) The board, commission, or committee shall inform the individual
2616		-	of its determination concerning the individual's petition not later than
2617		-	HEA 1211 — CC 1 62
2618		-	sixty (60) days after the petition, criminal history information, and any
2619		-	other information requested under subsection (g) is received by the
2620		-	board, commission, or committee.
2621		-	(k) The board, commission, or committee may charge a fee
2622		-	established under IC 25-1-8 that does not exceed twenty-five dollars
2623		-	($25) to pay its costs of reviewing a petition filed under subsection (g).
2624		-	(l) A board, commission, or committee may adopt rules under
2625		-	IC 4-22-2 to implement this section, including emergency rules under
2626		-	IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
2627		-	provided in IC 4-22-2-37.1, an emergency rule adopted by the board,
2628		-	commission, or committee under this section and in the manner
2629		-	provided by IC 4-22-2-37.1 expires on the date on which a rule that
2630		-	supersedes the emergency rule is adopted by the board, commission, or
2631		-	committee under IC 4-22-2-24 through IC 4-22-2-36.
2632		-	SECTION 61. IC 25-2.1-2-16, AS ADDED BY P.L.25-2012,
2633		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2634		-	JULY 1, 2022]: Sec. 16. (a) The board may adopt a rule under
2635		-	IC 4-22-2-37.1 to incorporate by reference into a rule the latest
2636		-	statement, edition, or compilation of the professional standards
2637		-	governing the competent practice of accountancy that are:
2638		-	(1) enacted in a federal or state statute, rule, or regulation; or
2639		-	(2) adopted by an agent of the United States, a state, or a
2640		-	nationally recognized organization or association, including the
2641		-	AICPA, the International Accounting Standards Board, and the
2642		-	Public Company Accounting Oversight Board.
2643		-	(b) The board may, by resolution, authorize the executive director
2644		-	of the Indiana professional licensing agency to adopt one (1) or more
2645		-	rules described in subsection (a) on behalf of the board. The
2646		-	authorization may be limited as determined by the board. The board
2647		-	may revise or terminate an authorization by resolution. The executive
2648		-	director of the Indiana professional licensing agency shall adopt rules
2649		-	under IC 4-22-2-37.1 in conformity with the resolution adopted by the
2650		-	board. A rule adopted on behalf of the board by the executive director
2651		-	must:
2652		-	(1) be signed by the executive director;
2653		-	(2) specify on the signature page that the executive director is
2654		-	acting on behalf of the board; and
2655		-	(3) be submitted to the publisher of the Indiana Register under
2656		-	IC 4-22-2-37.1 with a copy of the resolution authorizing the
2657		-	rulemaking.
2658		-	A rule adopted by the executive director in conformity with this
2659		-	subsection shall be treated as a rule of the board.
2660		-	HEA 1211 — CC 1 63
2661		-	(c) Except as provided in IC 4-22-2-37.1, a rule described in
2662		-	subsection (a) or (b) expires on the later of the date:
2663		-	(1) specified in the rule; or
2664		-	(2) that another rule becomes effective that amends or repeals the
2665		-	previously issued rule.
2666		-	SECTION 62. IC 25-26-13-31.7, AS AMENDED BY P.L.207-2021,
2667		-	SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2668		-	JULY 1, 2022]: Sec. 31.7. (a) Subject to rules adopted under
2669		-	subsection (c), a pharmacy technician may administer an influenza or
2670		-	coronavirus disease immunization to an individual under a drug order
2671		-	or prescription.
2672		-	(b) Subject to rules adopted under subsection (c), a pharmacy
2673		-	technician may administer an influenza or coronavirus disease
2674		-	immunization to an individual or a group of individuals under a drug
2675		-	order, under a prescription, or according to a protocol approved by a
2676		-	physician.
2677		-	(c) The board shall adopt rules under IC 4-22-2 to establish
2678		-	requirements applying to a pharmacy technician who administers an
2679		-	influenza or coronavirus disease immunization to an individual or
2680		-	group of individuals. The rules adopted under this section must provide
2681		-	for the direct supervision of the pharmacy technician by a pharmacist,
2682		-	a physician, a physician assistant, or an advanced practice registered
2683		-	nurse. Before July 1, 2021, the board shall adopt emergency rules
2684		-	under IC 4-22-2-37.1 to establish the requirements described in this
2685		-	subsection concerning the influenza immunization and the coronavirus
2686		-	disease immunization. Notwithstanding IC 4-22-2-37.1(g), Except as
2687		-	provided in IC 4-22-2-37.1, an emergency rule adopted by the board
2688		-	under this subsection and in the manner provided by IC 4-22-2-37.1
2689		-	expires on the date on which a rule that supersedes the emergency rule
2690		-	is adopted by the board under IC 4-22-2-24 through IC 4-22-2-36.
2691		-	(d) The board must approve all programs that provide training to
2692		-	pharmacy technicians to administer influenza and coronavirus disease
2693		-	immunizations as permitted by this section.
2694		-	SECTION 63. IC 25-26-14-32, AS ADDED BY P.L.180-2018,
2695		-	SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2696		-	JULY 1, 2022]: Sec. 32. (a) The board shall adopt rules under
2697		-	IC 4-22-2, including emergency rules adopted in the manner provided
2698		-	under IC 4-22-2-37.1, to establish requirements for a third party
2699		-	logistics license, license fees, and other relevant matters consistent with
2700		-	the Drug Supply Chain Security Act (21 U.S.C. 360eee et seq.).
2701		-	(b) Except as provided in IC 4-22-2-37.1, an emergency rule
2702		-	adopted by the board under this section expires on the date the
2703		-	HEA 1211 — CC 1 64
2704		-	emergency rule is amended or repealed by a later rule adopted under
2705		-	IC 4-22-2-22.5 through IC 4-22-2-36.
2706		-	SECTION 64. IC 25-34.1-11-15.5, AS ADDED BY P.L.15-2018,
2707		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2708		-	JULY 1, 2022]: Sec. 15.5. (a) This section applies to an appraisal
2709		-	management company that qualifies as an appraisal management
2710		-	company under 12 U.S.C. 3350(11).
2711		-	(b) As used in this section, "Appraisal Subcommittee" refers to the
2712		-	Appraisal Subcommittee of the Federal Financial Institutions
2713		-	Examination Council.
2714		-	(c) As used in this section, "covered transaction" has the meaning
2715		-	set forth in the federal interagency AMC Rule (12 CFR 34.210-34.216;
2716		-	12 CFR 225.190-225.196; 12 CFR 323.8-323.14; 12 CFR
2717		-	1222.20-1222.26).
2718		-	(d) As used in this section, "performed an appraisal", with respect
2719		-	to a real estate appraiser and an appraisal management company,
2720		-	means the appraisal service requested of the real estate appraiser by the
2721		-	appraisal management company was provided to the appraisal
2722		-	management company.
2723		-	(e) An appraisal management company to which this section applies
2724		-	shall pay to the board the annual AMC registry fee, as established by
2725		-	the Appraisal Subcommittee, as follows:
2726		-	(1) In the case of an appraisal management company that has been
2727		-	in existence for more than one (1) year, twenty-five dollars ($25)
2728		-	multiplied by the number of real estate appraisers who have
2729		-	performed an appraisal for the appraisal management company in
2730		-	connection with a covered transaction in Indiana during the
2731		-	previous year.
2732		-	(2) In the case of an appraisal management company that has not
2733		-	been in existence for more than one (1) year, twenty-five dollars
2734		-	($25) multiplied by the number of real estate appraisers who have
2735		-	performed an appraisal for the appraisal management company in
2736		-	connection with a covered transaction in Indiana since the
2737		-	appraisal management company commenced doing business.
2738		-	(f) The AMC registry fee required by this section is in addition to
2739		-	the registration fee required by section 15 of this chapter.
2740		-	(g) The board shall transmit the AMC registry fees collected under
2741		-	this section to the Appraisal Subcommittee on an annual basis. For
2742		-	purposes of this subsection, the board may align a one (1) year period
2743		-	with any twelve (12) month period, which may or not may not be based
2744		-	on the calendar year. Only those appraisal management companies
2745		-	whose registry fees have been transmitted to the Appraisal
2746		-	HEA 1211 — CC 1 65
2747		-	Subcommittee will be eligible to be on the AMC Registry (as defined
2748		-	in 12 U.S.C. 1102.401(a)).
2749		-	(h) Upon recommendations of the board under IC 25-34.1-8-6.5, the
2750		-	commission may do the following:
2751		-	(1) Adopt rules under IC 4-22-2 to implement this section.
2752		-	(2) Amend rules adopted under this subsection as necessary to
2753		-	conform the annual AMC registry fee required by this section
2754		-	with the AMC registry fee established by the Appraisal
2755		-	Subcommittee.
2756		-	In adopting or amending a rule under this subsection, the commission
2757		-	may adopt emergency rules in the manner provided by IC 4-22-2-37.1.
2758		-	Notwithstanding IC 4-22-2-37.1(g), Except as provided in
2759		-	IC 4-22-2-37.1, an emergency rule adopted by the commission under
2760		-	this subsection and in the manner provided by IC 4-22-2-37.1 expires
2761		-	on the date on which a rule that supersedes the emergency rule is
2762		-	adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
2763		-	SECTION 65. IC 34-55-10-2.5, AS AMENDED BY P.L.140-2013,
2764		-	SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2765		-	JULY 1, 2022]: Sec. 2.5. (a) The department of financial institutions
2766		-	shall adopt a rule under IC 4-22-2 establishing the amount for each
2767		-	exemption under section 2(c)(1) through 2(c)(3) of this chapter to take
2768		-	effect not earlier than January 1, 2010, and not later than March 1,
2769		-	2010.
2770		-	(b) The department of financial institutions shall adopt a rule under
2771		-	IC 4-22-2 establishing new amounts for each exemption under section
2772		-	2(c)(1) through 2(c)(3) of this chapter every six (6) years after
2773		-	exemption amounts are established under subsection (a). The rule
2774		-	establishing new exemption amounts under this subsection must take
2775		-	effect not earlier than January 1 and not later than March 1 of the sixth
2776		-	calendar year immediately following the most recent adjustments to the
2777		-	exemption amounts.
2778		-	(c) The department of financial institutions shall determine the
2779		-	amount of each exemption under subsections (a) and (b) based on
2780		-	changes in the Consumer Price Index for All Urban Consumers,
2781		-	published by the United States Department of Labor, for the most
2782		-	recent six (6) year period.
2783		-	(d) The department of financial institutions shall round the amount
2784		-	of an exemption determined under subsections (a) and (b) to the
2785		-	nearest fifty dollars ($50).
2786		-	(e) A rule establishing amounts for exemptions under this section
2787		-	may not reduce an exemption amount below the exemption amount on
2788		-	July 1, 2005.
2789		-	HEA 1211 — CC 1 66
2790		-	(f) The department of financial institutions may adopt a rule under
2791		-	subsection (a) or subsection (b) as an emergency rule under
2792		-	IC 4-22-2-37.1.
2793		-	(g) Except as provided in IC 4-22-2-37.1, an emergency rule
2794		-	adopted by the department of financial institutions under this section
2795		-	expires on the earlier of the following dates:
2796		-	(1) The expiration date stated in the emergency rule.
2797		-	(2) The date the emergency rule is amended or repealed by a later
2798		-	rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
2799		-	IC 4-22-2-37.1.
2800		-	SECTION 66. An emergency is declared for this act.
2801		-	HEA 1211 — CC 1 Speaker of the House of Representatives
2802		-	President of the Senate
2803		-	President Pro Tempore
2804		-	Governor of the State of Indiana
2805		-	Date: Time:
2806		-	HEA 1211 — CC 1
	47	+	1 SECTION 1. IC 4-13-1-28 IS ADDED TO THE INDIANA CODE
	48	+	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	49	+	3 1, 2022]: Sec. 28. (a) As used in this section, "blockchain
	50	+	4 technology" means distributed ledger technology that uses a
	51	+	5 distributed, decentralized, shared, and replicated ledger that may
	52	+	6 be public or private, permissioned or permissionless, and that may
	53	+	7 include the use of electronic currencies or electronic tokens as a
	54	+	8 medium of electronic exchange.
	55	+	9 (b) As used in this section, "distributed ledger technology"
	56	+	10 means any data base that is consensually shared and synchronized
	57	+	11 across multiple sites, institutions, or geographies allowing for
	58	+	12 public witnesses to such transactions and may include supporting
	59	+	13 infrastructure, including blockchain technology.
	60	+	14 (c) As used in this section, "office of technology" refers to the
	61	+	15 office of technology established by IC 4-13.1-2-1.
	62	+	16 (d) Not later than October 1, 2022, the department shall issue,
	63	+	17 on behalf of the office of technology, a request for information in
	64	+	EH 1211—LS 6676/DI 131 2
	65	+	1 compliance with IC 5-23-4.5 for purposes of exploring how the use
	66	+	2 of blockchain technology could be used by a state agency to:
	67	+	3 (1) achieve greater cost efficiency and cost effectiveness; and
	68	+	4 (2) improve consumer:
	69	+	5 (A) convenience;
	70	+	6 (B) experience;
	71	+	7 (C) data security; and
	72	+	8 (D) data privacy.
	73	+	9 (e) The request for information shall include participation from
	74	+	10 the following state agencies:
	75	+	11 (1) The office of technology.
	76	+	12 (2) The election division of the office of the secretary of state
	77	+	13 (IC 3-6-4.2-1).
	78	+	14 (3) The dealer services division of the office of the secretary of
	79	+	15 state (IC 9-32-2-11).
	80	+	16 (4) The securities division of the office of the secretary of state
	81	+	17 (IC 23-19-6-1).
	82	+	18 (5) The bureau of motor vehicles (IC 9-14-7).
	83	+	19 (6) Any other state agency that wishes to participate.
	84	+	20 (7) Any state agency identified by a respondent as potentially
	85	+	21 benefiting from the use of blockchain technology.
	86	+	22 (f) A state agency described in subsection (e)(6) shall assist a
	87	+	23 respondent with any reasonable request for assistance or
	88	+	24 information needed for the respondent to complete the response to
	89	+	25 the request for information.
	90	+	26 (g) The department shall set the deadline for submissions of the
	91	+	27 request for information under this section as not later than
	92	+	28 February 1, 2023.
	93	+	29 (h) Subject to IC 5-23-4.5-3, the office of technology shall
	94	+	30 prepare a report that includes:
	95	+	31 (1) information regarding the responses to the request for
	96	+	32 information under this section, including a copy of a response
	97	+	33 to the request for information if the person who submitted the
	98	+	34 response waived confidentiality in writing;
	99	+	35 (2) any recommendations by the office of technology
	100	+	36 regarding the request for information or the responses to the
	101	+	37 request for information; and
	102	+	38 (3) any other information that the office of technology
	103	+	39 determines is relevant to the request for information.
	104	+	40 (i) Not later than March 31, 2023, the office of technology shall
	105	+	41 submit the report prepared under subsection (h) to the legislative
	106	+	42 council in an electronic format under IC 5-14-6.
	107	+	EH 1211—LS 6676/DI 131 3
	108	+	1 (j) This section expires July 1, 2023.
	109	+	EH 1211—LS 6676/DI 131 4
	110	+	COMMITTEE REPORT
	111	+	Mr. Speaker: Your Committee on Government and Regulatory
	112	+	Reform, to which was referred House Bill 1211, has had the same
	113	+	under consideration and begs leave to report the same back to the
	114	+	House with the recommendation that said bill do pass.
	115	+	(Reference is to HB 1211 as introduced.)
	116	+	MILLER D
	117	+	Committee Vote: Yeas 11, Nays 0
	118	+	_____
	119	+	COMMITTEE REPORT
	120	+	Madam President: The Senate Committee on Commerce and
	121	+	Technology, to which was referred House Bill No. 1211, has had the
	122	+	same under consideration and begs leave to report the same back to the
	123	+	Senate with the recommendation that said bill be AMENDED as
	124	+	follows:
	125	+	Page 1, between lines 13 and 14, begin a new paragraph and insert:
	126	+	"(c) As used in this section, "office of technology" refers to the
	127	+	office of technology established by IC 4-13.1-2-1.".
	128	+	Page 1, line 14, delete "(c)" and insert "(d)".
	129	+	Page 1, line 14, delete "issue" and insert "issue, on behalf of the
	130	+	office of technology,".
	131	+	Page 2, line 7, delete "(d)" and insert "(e)".
	132	+	Page 2, between lines 8 and 9, begin a new line block indented and
	133	+	insert:
	134	+	"(1) The office of technology.".
	135	+	Page 2, line 9, delete "(1)" and insert "(2)".
	136	+	Page 2, line 11, delete "(2)" and insert "(3)".
	137	+	Page 2, line 13, delete "(3)" and insert "(4)".
	138	+	Page 2, line 15, delete "(4)" and insert "(5)".
	139	+	Page 2, line 16, delete "(5)" and insert "(6)".
	140	+	Page 2, line 17, delete "(6)" and insert "(7)".
	141	+	Page 2, line 19, delete "(e)" and insert "(f)".
	142	+	Page 2, line 19, delete "(d)(6)" and insert "(e)(6)".
	143	+	Page 2, line 23, delete "(f)" and insert "(g)".
	144	+	Page 2, line 26, delete "(g)" and insert "(h)".
	145	+	Page 2, line 26, delete "department" and insert "office of
	146	+	technology".
	147	+	Page 2, line 32, delete "department" and insert "office of
	148	+	EH 1211—LS 6676/DI 131 5
	149	+	technology".
	150	+	Page 2, line 35, delete "department" and insert "office of
	151	+	technology".
	152	+	Page 2, line 37, delete "(h)" and insert "(i)".
	153	+	Page 2, line 37, delete "1," and insert "31,".
	154	+	Page 2, line 37, delete "department" and insert "office of
	155	+	technology".
	156	+	Page 2, line 38, delete "(g)" and insert "(h)".
	157	+	Page 2, line 40, delete "(i)" and insert "(j)".
	158	+	and when so amended that said bill do pass.
	159	+	(Reference is to HB 1211 as printed January 12, 2022.)
	160	+	PERFECT, Chairperson
	161	+	Committee Vote: Yeas 7, Nays 0.
	162	+	EH 1211—LS 6676/DI 131