IN
Indiana House Bill HB1623

Indiana 2023 Regular Session

Indiana House Bill HB1623 Compare Versions

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1+*EH1623.3*
2+Reprinted
3+April 12, 2023
4+ENGROSSED
5+HOUSE BILL No. 1623
6+_____
7+DIGEST OF HB 1623 (Updated April 11, 2023 4:38 pm - DI 51)
8+Citations Affected: IC 4-3; IC 4-21.5; IC 4-22; IC 12-10.5; IC 13-14;
9+IC 13-19; IC 14-10; IC 15-16; IC 25-1; IC 27-1; IC 34-52; noncode.
10+Synopsis: Administrative rulemaking. Makes various procedural
11+changes concerning the adoption of administrative rules, including the
12+following: (1) Requires budget agency and office of management and
13+budget review of a regulatory analysis of all proposed rules. (2)
14+Requires a state budget committee review of rules adding or increasing
15+(Continued next page)
16+Effective: Upon passage; January 1, 2023 (retroactive); July 1, 2023.
17+Bartels, Miller D, Jordan
18+(SENATE SPONSORS — GARTEN, KOCH, DORIOT)
19+January 19, 2023, read first time and referred to Committee on Government and Regulatory
20+Reform.
21+February 14, 2023, amended, reported — Do Pass.
22+February 16, 2023, read second time, ordered engrossed.
23+February 17, 2023, engrossed.
24+February 20, 2023, read third time, passed. Yeas 73, nays 24.
25+SENATE ACTION
26+February 28, 2023, read first time and referred to Committee on Judiciary.
27+April 6, 2023, amended, reported favorably — Do Pass.
28+April 11, 2023, read second time, amended, ordered engrossed.
29+EH 1623—LS 7025/DI 125 Digest Continued
30+fees, fines, or civil penalties. (3) Requires publication of the text of a
31+proposed rule in the first comment period and allows a proposed rule
32+to be adopted after one comment period if no substantive public
33+testimony is received and the rule is not more stringent than applicable
34+federal standards. (4) Replaces various laws granting emergency
35+rulemaking authority with a description of the circumstances when
36+emergency rulemaking (renamed "provisional" rules and "interim"
37+rules) may be used, increases governor and attorney general oversight
38+of emergency rules, and adds a public comment period for interim
39+rules. (5) Reduces from seven to five years the time in which rules need
40+to be readopted to remain effective. (6) Requires agencies to webcast
41+public hearings and allow remote testimony. Prohibits state standards
42+for disposal of coal combustion residuals to be more stringent than
43+federal standards. Requires the general assembly to enact legislation
44+concerning classification of a substance as a restricted use pesticide or
45+requirements that are more stringent than federal requirements. Permits
46+interim rules concerning pesticides pending review by the general
47+assembly. Prohibits state pesticide regulations that are more stringent
48+than federal regulations. Permits a person to recover attorney fees if an
49+agency issues an order that is based on an invalid rule or issued without
50+legal authority. Permits an applicant or license to recover damages if
51+a professional or occupational licensing agency fails to adopt a rule
52+required to obtain a license. Repeals superseded statutes and makes
53+cross reference, name, and other conforming changes.
54+EH 1623—LS 7025/DI 125EH 1623—LS 7025/DI 125 Reprinted
55+April 12, 2023
156 First Regular Session of the 123rd General Assembly (2023)
257 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
358 Constitution) is being amended, the text of the existing provision will appear in this style type,
459 additions will appear in this style type, and deletions will appear in this style type.
560 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
661 provision adopted), the text of the new provision will appear in this style type. Also, the
762 word NEW will appear in that style type in the introductory clause of each SECTION that adds
863 a new provision to the Indiana Code or the Indiana Constitution.
964 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1065 between statutes enacted by the 2022 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1623
12-AN ACT to amend the Indiana Code concerning state offices and
13-administration.
66+ENGROSSED
67+HOUSE BILL No. 1623
68+A BILL FOR AN ACT to amend the Indiana Code concerning state
69+offices and administration.
1470 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 2-5-46 IS REPEALED [EFFECTIVE UPON
16-PASSAGE]. (Administrative Rules Review Task Force).
17-SECTION 2. IC 2-5-53 IS ADDED TO THE INDIANA CODE AS
18-A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
19-PASSAGE]:
20-Chapter 53. Government Reform Task Force
21-Sec. 1. As used in this chapter, "agency" has the meaning set
22-forth in IC 4-22-2-3.
23-Sec. 2. As used in this chapter, "council" refers to the legislative
24-council established by IC 2-5-1.1-1.
25-Sec. 3. As used in this chapter, "rule" has the meaning set forth
26-in IC 4-22-2-3.
27-Sec. 4. As used in this chapter, "task force" refers to the
28-government reform task force established by section 5 of this
29-chapter.
30-Sec. 5. The government reform task force is established.
31-Sec. 6. (a) Except as provided in subsections (b), (c), (d), and (e),
32-IC 2-5-1.2 applies to the task force.
33-(b) The task force consists of the following ten (10) members of
34-the general assembly:
35-(1) Three (3) members appointed by the president pro
36-HEA 1623 — CC 1 2
37-tempore of the senate.
38-(2) Two (2) members appointed by the minority leader of the
39-senate.
40-(3) Three (3) members appointed by the speaker of the house
41-of representatives.
42-(4) Two (2) members appointed by the minority leader of the
43-house of representatives.
44-A member of the task force serves at the pleasure of the appointing
45-authority.
46-(c) The task force shall meet as called by the chair. All meetings
47-of the task force shall be open to the public in accordance with and
48-subject to IC 5-14-1.5. All records of the task force shall be subject
49-to the requirements of IC 5-14-3.
50-(d) A majority of the members of the task force constitutes a
51-quorum. The affirmative vote of at least a majority of the members
52-at a meeting at which a quorum is present is necessary for the task
53-force to take official action other than to meet and take testimony.
54-(e) The:
55-(1) chairman of the legislative council shall designate the
56-chair; and
57-(2) vice chairman of the legislative council shall designate the
58-vice chair;
59-of the task force from the members of the task force. The chair and
60-vice chair of the task force serve as chair and vice chair at the
61-pleasure of the appointing authority.
62-Sec. 7. The task force shall do the following:
63-(1) Review external policies and standards of procedure
64-implemented by agencies.
65-(2) Study any other issues related to agency oversight, as
66-determined by the task force.
67-Sec. 8. The task force may request information or testimony
68-from department or agency heads, or the designee of a department
69-or agency head, as determined necessary by the task force.
70-Sec. 9. The task force shall:
71-(1) develop recommendations in a report for the general
72-assembly concerning the issues set forth in section 7 of this
73-chapter; and
74-(2) not later than November 1, 2023, and before November 1
75-of each year thereafter, submit the report to the executive
76-director of the legislative services agency for distribution to
77-the members of the general assembly. The report submitted
78-to the executive director of the legislative services agency
79-HEA 1623 — CC 1 3
80-under this subdivision must be in an electronic format under
81-IC 5-14-6.
82-Sec. 10. The legislative services agency shall provide support
83-staff to the task force.
84-Sec. 11. This chapter expires December 31, 2025.
85-SECTION 3. IC 4-3-22-13, AS AMENDED BY P.L.5-2015,
86-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
87-JULY 1, 2023]: Sec. 13. (a) Except as provided in subsection (e), the
88-OMB shall perform a cost benefit analysis upon each proposed rule and
89-provide to:
90-(1) the governor; and
91-(2) the legislative council;
92-an assessment of the rule's effect on Indiana business. The OMB shall
93-submit the cost benefit analysis to the legislative council in an
94-electronic format under IC 5-14-6.
95-(b) After June 30, 2005, the cost benefit analysis performed by the
96-OMB under this section with respect to any proposed rule that has an
97-impact of at least five hundred thousand dollars ($500,000) shall
98-replace and be used for all purposes under IC 4-22-2 in lieu of the
99-fiscal analysis previously performed by the legislative services agency
100-under IC 4-22-2.
101-(c) The OMB and the budget agency shall review a regulatory
102-analysis and proposed rule submitted by an agency under
103-IC 4-22-2-22.8. In preparing a cost benefit reviewing a regulatory
104-analysis and proposed rule under this section, the OMB shall consider
105-in its analysis any verified data provided voluntarily by interested
106-parties, regulated persons, and nonprofit corporations whose members
107-may be affected by the proposed rule. A cost benefit regulatory
108-analysis prepared reviewed under this section is a public document,
109-subject to the following:
110-(1) This subsection section does not empower the OMB or an
111-agency to require an interested party or a regulated person to
112-provide any materials, documents, or other information. in
113-connection with a cost benefit analysis under this section. If an
114-interested party or a regulated person voluntarily provides
115-materials, documents, or other information to the OMB or an
116-agency, in connection with a cost benefit analysis under this
117-section, the OMB or the agency, as applicable, shall ensure the
118-adequate protection of any:
119-(A) information that is confidential under IC 5-14-3-4; or
120-(B) confidential and proprietary business plans and other
121-confidential information.
122-HEA 1623 — CC 1 4
123-(2) If an agency has adopted rules to implement IC 5-14-3-4,
124-interested parties and regulated persons must submit the
125-information in accordance with the confidentiality rules adopted
126-by the agency to ensure proper processing of confidentiality
127-claims. The OMB and any agency involved in proposing the rule,
128-or in administering the rule upon the rule's adoption, shall
129-exercise all necessary caution to avoid disclosure of any
130-confidential information supplied to the OMB or the agency by an
131-interested party or a regulated person.
132-(2) The OMB shall make the cost benefit analysis and other
133-related public documents available to interested parties, regulated
134-persons, and nonprofit corporations whose members may be
135-affected by the proposed rule at least thirty (30) days before
136-presenting the cost benefit analysis to the governor and the
137-legislative council under subsection (a).
138-(d) If the OMB or an agency is unable to obtain verified data for the
139-cost benefit analysis described in subsection (c), the OMB shall state
140-in the cost benefit analysis which data were unavailable for purposes
141-of the cost benefit analysis.
142-(e) If the OMB finds that a proposed rule is:
143-(1) an adoption or incorporation by reference of a federal law,
144-regulation, or rule that has no substantive effect on the scope or
145-intended application of the federal law or rule; or
146-(2) a technical amendment with no substantive effect on an
147-existing Indiana rule;
148-the OMB may not prepare a cost benefit analysis of the rule under this
149-section. The agency shall submit the proposed rule to the OMB with a
150-statement explaining how the proposed rule meets the requirements of
151-this subsection. If the OMB finds that the rule meets the requirements
152-of this subsection, the OMB shall provide its findings to the governor
153-and to the legislative council in an electronic format under IC 5-14-6.
154-If the agency amends or modifies the proposed rule after the OMB
155-finds that a cost benefit analysis may not be prepared for the rule, the
156-agency shall resubmit the proposed rule to the OMB either for a new
157-determination that the rule meets the requirements of this subsection,
158-or for the OMB to prepare a cost benefit analysis of the rule under this
159-section.
160-SECTION 4. IC 4-12-2-4 IS ADDED TO THE INDIANA CODE
161-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
162-1, 2023]: Sec. 4. An agency may not consider the number or amount
163-of fines or civil penalties imposed on regulated entities by an
164-employee in the evaluation or compensation of the employee.
165-HEA 1623 — CC 1 5
166-SECTION 5. IC 4-21.5-2-8 IS ADDED TO THE INDIANA CODE
167-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
168-1, 2023]: Sec. 8. The amendments made to IC 4-21.5-3-27.5 and the
169-addition of IC 34-52-2-1.5 in the 2023 session of the general
170-assembly only apply to agency actions commenced under
171-IC 4-21.5-3 after June 30, 2023.
172-SECTION 6. IC 4-21.5-3-27.5, AS ADDED BY P.L.199-2021,
71+1 SECTION 1. IC 4-3-22-13, AS AMENDED BY P.L.5-2015,
72+2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
73+3 JULY 1, 2023]: Sec. 13. (a) Except as provided in subsection (e), the
74+4 OMB shall perform a cost benefit analysis upon each proposed rule and
75+5 provide to:
76+6 (1) the governor; and
77+7 (2) the legislative council;
78+8 an assessment of the rule's effect on Indiana business. The OMB shall
79+9 submit the cost benefit analysis to the legislative council in an
80+10 electronic format under IC 5-14-6.
81+11 (b) After June 30, 2005, the cost benefit analysis performed by the
82+12 OMB under this section with respect to any proposed rule that has an
83+13 impact of at least five hundred thousand dollars ($500,000) shall
84+14 replace and be used for all purposes under IC 4-22-2 in lieu of the
85+15 fiscal analysis previously performed by the legislative services agency
86+EH 1623—LS 7025/DI 125 2
87+1 under IC 4-22-2.
88+2 (c) The OMB and the budget agency shall review a regulatory
89+3 analysis and proposed rule submitted by an agency under
90+4 IC 4-22-2-22.8. In preparing a cost benefit reviewing a regulatory
91+5 analysis and proposed rule under this section, the OMB shall consider
92+6 in its analysis any verified data provided voluntarily by interested
93+7 parties, regulated persons, and nonprofit corporations whose members
94+8 may be affected by the proposed rule. A cost benefit analysis prepared
95+9 under this section is a public document, subject to the following:
96+10 (1) This subsection does not empower the OMB or an agency to
97+11 require an interested party or a regulated person to provide any
98+12 materials, documents, or other information. in connection with a
99+13 cost benefit analysis under this section. If an interested party or a
100+14 regulated person voluntarily provides materials, documents, or
101+15 other information to the OMB or an agency, in connection with a
102+16 cost benefit analysis under this section, the OMB or the agency,
103+17 as applicable, shall ensure the adequate protection of any:
104+18 (A) information that is confidential under IC 5-14-3-4; or
105+19 (B) confidential and proprietary business plans and other
106+20 confidential information.
107+21 (2) If an agency has adopted rules to implement IC 5-14-3-4,
108+22 interested parties and regulated persons must submit the
109+23 information in accordance with the confidentiality rules adopted
110+24 by the agency to ensure proper processing of confidentiality
111+25 claims. The OMB and any agency involved in proposing the rule,
112+26 or in administering the rule upon the rule's adoption, shall
113+27 exercise all necessary caution to avoid disclosure of any
114+28 confidential information supplied to the OMB or the agency by an
115+29 interested party or a regulated person.
116+30 (2) The OMB shall make the cost benefit analysis and other
117+31 related public documents available to interested parties, regulated
118+32 persons, and nonprofit corporations whose members may be
119+33 affected by the proposed rule at least thirty (30) days before
120+34 presenting the cost benefit analysis to the governor and the
121+35 legislative council under subsection (a).
122+36 (d) If the OMB or an agency is unable to obtain verified data for the
123+37 cost benefit analysis described in subsection (c), the OMB shall state
124+38 in the cost benefit analysis which data were unavailable for purposes
125+39 of the cost benefit analysis.
126+40 (e) If the OMB finds that a proposed rule is:
127+41 (1) an adoption or incorporation by reference of a federal law,
128+42 regulation, or rule that has no substantive effect on the scope or
129+EH 1623—LS 7025/DI 125 3
130+1 intended application of the federal law or rule; or
131+2 (2) a technical amendment with no substantive effect on an
132+3 existing Indiana rule;
133+4 the OMB may not prepare a cost benefit analysis of the rule under this
134+5 section. The agency shall submit the proposed rule to the OMB with a
135+6 statement explaining how the proposed rule meets the requirements of
136+7 this subsection. If the OMB finds that the rule meets the requirements
137+8 of this subsection, the OMB shall provide its findings to the governor
138+9 and to the legislative council in an electronic format under IC 5-14-6.
139+10 If the agency amends or modifies the proposed rule after the OMB
140+11 finds that a cost benefit analysis may not be prepared for the rule, the
141+12 agency shall resubmit the proposed rule to the OMB either for a new
142+13 determination that the rule meets the requirements of this subsection,
143+14 or for the OMB to prepare a cost benefit analysis of the rule under this
144+15 section.
145+16 SECTION 2. IC 4-21.5-2-8 IS ADDED TO THE INDIANA CODE
146+17 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
147+18 1, 2023]: Sec. 8. The amendments made to IC 4-21.5-3-27.5 and
148+19 IC 34-52-2-1.5 in the 2023 session of the general assembly only
149+20 apply to agency actions commenced under IC 4-21.5-3 after June
150+21 30, 2023.
151+22 SECTION 3. IC 4-21.5-3-27.5, AS ADDED BY P.L.199-2021,
152+23 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
153+24 JULY 1, 2023]: Sec. 27.5. In a proceeding under this chapter
154+25 concerning an agency action, the administrative law judge shall order
155+26 the agency to pay the reasonable attorney's fees incurred in the
156+27 proceeding by the prevailing party challenging the agency action if:
157+28 (1) the party challenging the agency action proves, by a
158+29 preponderance of the evidence, that:
159+30 (1) (A) the agency's action was frivolous or groundless; or
160+31 (2) (B) the agency pursued the action in bad faith;
161+32 (2) the agency action was based on an invalid rule, as
162+33 provided in IC 4-22-2-44; or
163+34 (3) the agency has failed to demonstrate that the agency acted
164+35 within its legal authority.
165+36 SECTION 4. IC 4-22-2-0.1, AS AMENDED BY P.L.53-2014,
166+37 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
167+38 JULY 1, 2023]: Sec. 0.1. (a) The amendments made to this chapter by
168+39 P.L.44-1995 apply as follows:
169+40 (1) The amendments made to sections 13, 19, 23, 25, and 28 of
170+41 this chapter apply to a rulemaking action that commences after
171+42 June 30, 1995.
172+EH 1623—LS 7025/DI 125 4
173+1 (2) The addition of sections 23.1 and 46 (repealed) of this chapter
174+2 applies to a rulemaking action that commences after June 30,
175+3 1995.
176+4 (b) This chapter (as effective January 1, 2023) continues to
177+5 apply after June 30, 2023, to a rulemaking action that is
178+6 commenced under this chapter before July 1, 2023, and is pending
179+7 on July 1, 2023.
180+8 SECTION 5. IC 4-22-2-3 IS AMENDED TO READ AS FOLLOWS
181+9 [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) "Agency" means any officer,
182+10 board, commission, department, division, bureau, committee, or other
183+11 governmental entity exercising any of the executive (including the
184+12 administrative) powers of state government. The term does not include
185+13 the judicial or legislative departments of state government or a political
186+14 subdivision as defined in IC 36-1-2-13.
187+15 (b) "Rule" means the whole or any part of an agency statement of
188+16 general applicability that:
189+17 (1) has or is designed to have the effect of law; and
190+18 (2) implements, interprets, or prescribes:
191+19 (A) law or policy; or
192+20 (B) the organization, procedure, or practice requirements of an
193+21 agency.
194+22 The term includes a fee, a fine, a civil penalty, a financial benefit
195+23 limitation, or another payment amount set by an agency that
196+24 otherwise qualifies as a rule.
197+25 (c) "Rulemaking action" means the process of formulating or
198+26 adopting a rule. The term does not include an agency action.
199+27 (d) "Agency action" has the meaning set forth in IC 4-21.5-1-4.
200+28 (e) "Person" means an individual, corporation, limited liability
201+29 company, partnership, unincorporated association, or governmental
202+30 entity.
203+31 (f) "Publisher" refers to the publisher of the Indiana Register and
204+32 Indiana Administrative Code, which is the legislative council, or the
205+33 legislative services agency operating under the direction of the council.
206+34 (g) The definitions in this section apply throughout this article.
207+35 SECTION 6. IC 4-22-2-13, AS AMENDED BY P.L.2-2007,
208+36 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
209+37 JULY 1, 2023]: Sec. 13. (a) Subject to subsections (b), (c), and (d), this
210+38 chapter applies to the addition, amendment, or repeal of a rule in every
211+39 rulemaking action.
212+40 (b) This chapter does not apply to the following agencies:
213+41 (1) Any military officer or board.
214+42 (2) Any state educational institution.
215+EH 1623—LS 7025/DI 125 5
216+1 (c) This chapter does not apply to a rulemaking action that results
217+2 in any of the following rules:
218+3 (1) A resolution or directive of any agency that relates solely to
219+4 internal policy, internal agency organization, or internal procedure
220+5 and does not have the effect of law.
221+6 (2) A restriction or traffic control determination of a purely local
222+7 nature that:
223+8 (A) is ordered by the commissioner of the Indiana department
224+9 of transportation;
225+10 (B) is adopted under IC 9-20-1-3(d), IC 9-21-4-7, or
226+11 IC 9-20-7; and
227+12 (C) applies only to one (1) or more particularly described
228+13 intersections, highway portions, bridge causeways, or viaduct
229+14 areas.
230+15 (3) A rule adopted by the secretary of state under IC 26-1-9.1-526.
231+16 (4) An executive order or proclamation issued by the governor.
232+17 (5) A rule adopted by the board of trustees of the Indiana
233+18 public retirement system, as provided in IC 5-10.5-4-2.
234+19 However, the board shall submit rules adopted by the board
235+20 to the publisher for publication in the Indiana Register.
236+21 (d) Except as specifically set forth in IC 13-14-9:
237+22 (1) IC 13-14-9 provides supplemental procedures for notice
238+23 and public comment concerning proposed rules for the boards
239+24 listed in IC 13-14-9-1; and
240+25 (2) the department of environmental management and the
241+26 boards listed in IC 13-14-9-1 shall comply with the procedures
242+27 in IC 13-14-9 in lieu of complying with sections 24, 26, 27, and
243+28 29 (except section 29(c)) of this chapter. do not apply to
244+29 rulemaking actions under IC 13-14-9.
245+30 In adopting rules, all other provisions of IC 4-22-2 apply to these
246+31 agencies.
247+32 SECTION 7. IC 4-22-2-15 IS AMENDED TO READ AS
248+33 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 15. Any rulemaking
249+34 action that this chapter allows or requires an agency to perform, other
250+35 than final adoption of a rule under section 29, or 37.1, or 37.2 of this
251+36 chapter or IC 13-14-9, may be performed by the individual or group of
252+37 individuals with the statutory authority to adopt rules for the agency, a
253+38 member of the agency's staff, or another agent of the agency. Final
254+39 adoption of a rule under section 29, or 37.1, or 37.2 of this chapter or
255+40 IC 13-14-9, including readoption of a rule that is subject to sections 24
256+41 through 36 or to section 37.1 of this chapter and recalled for further
257+42 consideration under section 40 of this chapter, may be performed only
258+EH 1623—LS 7025/DI 125 6
259+1 by the individual or group of individuals with the statutory authority to
260+2 adopt rules for the agency.
261+3 SECTION 8. IC 4-22-2-17 IS AMENDED TO READ AS
262+4 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 17. (a) IC 5-14-3
263+5 applies to the text of a rule that an agency intends to adopt from the
264+6 earlier of the date that the agency takes any action under section 24
265+7 section 23 of this chapter, otherwise notifies the public of its intent to
266+8 adopt a rule under any statute, or adopts the rule.
267+9 (b) IC 5-14-3 applies both to a rule and to the full text of a matter
268+10 directly or indirectly incorporated by reference into the rule.
269+11 (c) Subject to subsection (e), after June 30, 2023, a public
270+12 hearing or other public meeting in which an agency receives
271+13 comments concerning a rulemaking action from the general public
272+14 must be webcast on the state website during the hearing or meeting
273+15 for the public to view the proceedings. Webcasts must be archived
274+16 as public records on the state website.
275+17 (d) Subject to subsection (e), after June 30, 2023, an agency that
276+18 conducts a public hearing or other public meeting at which the
277+19 agency receives comments concerning a rulemaking action from
278+20 the general public must provide a method by which members of the
279+21 public can attend and comment remotely.
280+22 (e) The office of management and budget in consultation with
281+23 the office of technology and the publisher shall establish how and
282+24 where webcasts will be available, how agencies will provide
283+25 opportunities for the general public to attend and comment
284+26 remotely, and where notices of upcoming webcasts will be posted.
285+27 The governor, by executive order, may delay the implementation
286+28 of subsection (c) or (d), or both, for one (1) or more agencies if the
287+29 governor finds that implementation of subsection (c) or (d), or
288+30 both, is not technically feasible. The governor shall include specific
289+31 findings concerning the reasons for a delay in the executive order.
290+32 A delay under this subsection may not extend beyond December 31,
291+33 2025.
292+34 (f) Inadequacy or insufficiency of webcasting, archive of
293+35 webcasting, or remote access under this section or a statement in
294+36 a notice of the availability of webcasting, archive of webcasting, or
295+37 remote access does not invalidate a rulemaking action.
296+38 SECTION 9. IC 4-22-2-17.5 IS ADDED TO THE INDIANA CODE
297+39 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
298+40 1, 2023]: Sec. 17.5. (a) The legislative services agency shall provide
299+41 electronic summaries or electronic copies of documents submitted
300+42 to the publisher under this article or IC 13-14-9 to legislators and
301+EH 1623—LS 7025/DI 125 7
302+1 legislative committees in the manner and on the schedule specified
303+2 by the legislative council or the personnel subcommittee of the
304+3 legislative council acting for the legislative council.
305+4 (b) If requested in the manner specified by the legislative council
306+5 or the personnel subcommittee of the legislative council acting for
307+6 the legislative council, an agency shall provide to the legislative
308+7 services agency any data, studies, or analyses relied on by the
309+8 agency to develop a regulatory analysis or a revised regulatory
310+9 analysis. The agency shall comply with any policies adopted by the
311+10 legislative council or the personnel subcommittee of the legislative
312+11 council governing the format, timing, and manner of delivery of
313+12 the data, studies, or analyses.
314+13 SECTION 10. IC 4-22-2-19, AS AMENDED BY P.L.53-2014,
315+14 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
316+15 JULY 1. 2023]: Sec. 19. (a) Except as provided in section 23.1 of this
317+16 chapter, This section does not apply to the adoption of rules
318+17 (1) required to receive or maintain:
319+18 (A) (1) delegation;
320+19 (B) (2) primacy; or
321+20 (C) (3) approval;
322+21 for state implementation or operation of a program established
323+22 under federal law.
324+23 (2) that amend an existing rule;
325+24 (3) required or authorized by statutes enacted before June 30,
326+25 1995; or
327+26 (4) required or authorized by statutes enacted before June 30,
328+27 1995, and recodified in the same or similar form after June 29,
329+28 1995, in response to a program of statutory recodification
330+29 conducted by the code revision commission.
331+30 (b) If an agency will have statutory authority to adopt a rule at the
332+31 time that the rule becomes effective, the agency may conduct any part
333+32 of its rulemaking action before the statute authorizing the rule becomes
334+33 effective.
335+34 (c) However, an agency shall:
336+35 (1) begin the a rulemaking process needed to implement the
337+36 statutory change not later than sixty (60) days after the effective
338+37 date of the statute that authorizes the rule; or
339+38 (2) if an agency cannot comply with subdivision (1), provide
340+39 electronic notice to the publisher stating the reasons for the
341+40 agency's noncompliance.
342+41 (c) For purposes of this section, a rulemaking process is
343+42 commenced when:
344+EH 1623—LS 7025/DI 125 8
345+1 (1) the agency publishes a proposed rule under section 23 or
346+2 37.2 of this chapter; or
347+3 (2) in the case of a change in a statute described in section 38
348+4 of this chapter, the date the agency files with the publisher a
349+5 rule document under section 38 of this chapter.
350+6 Except as otherwise provided in IC 4-22-2.3, if an interim
351+7 rulemaking procedure is commenced under section 37.2 of this
352+8 chapter, the agency shall commence a permanent rulemaking
353+9 process under section 23 of this chapter before the adopted interim
354+10 rule expires.
355+11 SECTION 11. IC 4-22-2-19.5 IS AMENDED TO READ AS
356+12 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 19.5. (a) To the extent
357+13 possible, a rule adopted under this article or under IC 13-14-9.5
358+14 IC 13-14-9 shall comply with the following:
359+15 (1) Minimize the expenses to:
360+16 (A) regulated entities that are required to comply with the rule;
361+17 (B) persons who pay taxes or pay fees for government services
362+18 affected by the rule; and
363+19 (C) consumers of products and services of regulated entities
364+20 affected by the rule.
365+21 (2) Achieve the regulatory goal in the least restrictive manner.
366+22 (3) Avoid duplicating standards found in state or federal laws.
367+23 (4) Be written for ease of comprehension.
368+24 (5) Have practicable enforcement.
369+25 (b) Subsection (a) does not apply to a rule that must be adopted in
370+26 a certain form to comply with federal law.
371+27 SECTION 12. IC 4-22-2-19.6 IS ADDED TO THE INDIANA
372+28 CODE AS A NEW SECTION TO READ AS FOLLOWS
373+29 [EFFECTIVE JANUARY 1, 2023 (RETROACTIVE)]: Sec. 19.6. (a)
374+30 A rule adopted under this article or IC 13-14-9 that includes a fee,
375+31 fine, or civil penalty must comply with this section. Subsections (b),
376+32 (c), and (d) do not apply to a rule that must be adopted in a certain
377+33 form to comply with federal law.
378+34 (b) For each fee, fine, or civil penalty imposed by an agency that
379+35 is not set as a specific amount in a state law, a rule must describe
380+36 the circumstances for which the agency will assess a fee, fine, or
381+37 civil penalty and set forth the amount of the fee, fine, or civil
382+38 penalty:
383+39 (1) as a specific dollar amount;
384+40 (2) under a formula by which a specific dollar amount can be
385+41 reasonably calculated by persons regulated or otherwise
386+42 affected by the rule; or
387+EH 1623—LS 7025/DI 125 9
388+1 (3) as a range of potential dollar amounts, stating the factors
389+2 that the agency will utilize to set a specific dollar amount in an
390+3 individual case with sufficient certainty that a review of an
391+4 agency action under IC 4-21.5 or comparable process can
392+5 evaluate whether the amount was reasonable.
393+6 A rule concerning fines or civil penalties does not prohibit an
394+7 agency to enter into a settlement agreement with a person against
395+8 whom a fine or civil penalty is being assessed to determine the fine
396+9 or civil penalty to be paid for a violation.
397+10 (c) The amount of a fee must be reasonably based on the amount
398+11 necessary to carry out the purposes for which the fee is imposed.
399+12 (d) An agency setting a fine or civil penalty shall consider the
400+13 following:
401+14 (1) Whether the violation has a major or minor impact on the
402+15 health, safety, or welfare of a person, the health or safety of
403+16 animals or natural resources, or other facts set forth in the
404+17 agency's rule.
405+18 (2) The number of previous violations committed by the
406+19 offender of laws, rules, or programs administered by the
407+20 agency.
408+21 (3) The need for deterrence of future violations.
409+22 (4) Whether the conduct, if proved beyond a reasonable
410+23 doubt, would constitute a criminal offense, and the level of
411+24 penalty set by law for the criminal offense.
412+25 (e) An agency is not liable for a fee, fine, or civil penalty that is
413+26 not in conformity with this section if:
414+27 (1) the fee, fine, or civil penalty was included in a rule that
415+28 became effective before January 1, 2023, and that otherwise
416+29 complies with subsection (b);
417+30 (2) the fee, fine, or civil penalty was:
418+31 (A) set by an agency before January 1, 2023;
419+32 (B) reviewed by the budget committee:
420+33 (i) in the case of the department of environmental
421+34 management, the boards listed in IC 13-14-9-1, the office
422+35 of environmental adjudication, the natural resources
423+36 commission, the department of natural resources, the
424+37 Indiana gaming commission, and the Indiana horse
425+38 racing commission, before December 31, 2023; and
426+39 (ii) in the case of an agency not described in item (i),
427+40 before July 1, 2024; and
428+41 (C) included in a rule that complies with this section and
429+42 becomes effective before:
430+EH 1623—LS 7025/DI 125 10
431+1 (i) in the case of the department of environmental
432+2 management, the boards listed in IC 13-14-9-1, the office
433+3 of environmental adjudication, the natural resources
434+4 commission, the department of natural resources, the
435+5 Indiana gaming commission, and the Indiana horse
436+6 racing commission, December 31, 2024; and
437+7 (ii) in the case of an agency not described in item (i), July
438+8 1, 2025; or
439+9 (3) the agency withdraws or otherwise ceases to enforce or
440+10 apply the fee, fine, or civil penalty before:
441+11 (A) in the case of the department of environmental
442+12 management, the boards listed in IC 13-14-9-1, the office
443+13 of environmental adjudication, the natural resources
444+14 commission, the department of natural resources, the
445+15 Indiana gaming commission, and the Indiana horse racing
446+16 commission, December 31, 2023; and
447+17 (B) in the case of an agency not described in item (i), July
448+18 1, 2024.
449+19 Readoption without changes under IC 4-22-2.6 of a nonconforming
450+20 fee, fine, or civil penalty that meets the requirements of subdivision
451+21 (1) or (2) does not invalidate the nonconforming fee, fine, or civil
452+22 penalty.
453+23 (f) Beginning January 1, 2024, an agency shall post on its
454+24 website a schedule of fines and civil penalties that apply to
455+25 violations of laws, rules, and requirements of federal programs
456+26 administered by the agency.
457+27 SECTION 13. IC 4-22-2-21, AS AMENDED BY P.L.204-2016,
458+28 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
459+29 JULY 1, 2023]: Sec. 21. (a) If incorporation of the text in full would be
460+30 cumbersome, expensive, or otherwise inexpedient, an agency may
461+31 incorporate by reference into a rule part or all of any of the following
462+32 matters:
463+33 (1) A federal or state statute, rule, or regulation.
464+34 (2) A code, manual, or other standard adopted by an agent of the
465+35 United States, a state, or a nationally recognized organization or
466+36 association.
467+37 (3) A manual of the department of local government finance
468+38 adopted in a rule described in IC 6-1.1-31-9.
469+39 (4) The following requirements:
470+40 (A) The schedule, electronic formatting, and standard data,
471+41 field, and record coding requirements for:
472+42 (i) the electronic data file under IC 6-1.1-4-25 concerning
473+EH 1623—LS 7025/DI 125 11
474+1 the parcel characteristics and parcel assessments of all
475+2 parcels and personal property return characteristics and
476+3 assessments; and
477+4 (ii) the electronic data file under IC 36-2-9-20 concerning
478+5 the tax duplicate.
479+6 (B) The schedule, electronic formatting, and standard data,
480+7 field, and record coding requirements for data required to be
481+8 submitted under IC 6-1.1-5.5-3 or IC 6-1.1-11-8.
482+9 (C) Data export and transmission format requirements for
483+10 information described in clauses (A) and (B).
484+11 (b) Each matter incorporated by reference under subsection (a) must
485+12 be fully and exactly described.
486+13 (c) An agency may refer to a matter that is directly or indirectly
487+14 referred to in a primary matter by fully and exactly describing the
488+15 primary matter.
489+16 (d) Except as otherwise provided in this article, whenever an
490+17 agency submits a rule to the attorney general, the governor, or the
491+18 publisher under this chapter, the agency shall also submit a copy of the
492+19 full text of each matter incorporated by reference under subsection (a)
493+20 into the rule, other than the following:
494+21 (1) An Indiana statute or rule.
495+22 (2) A form or instructions for a form numbered by the Indiana
496+23 archives and record administration under IC 5-15-5.1-6.
497+24 (3) The source of a statement that is quoted or paraphrased in full
498+25 in the rule.
499+26 (4) Any matter that has been previously filed with the:
500+27 (A) secretary of state before July 1, 2006; or
501+28 (B) publisher after June 30, 2006.
502+29 (5) Any matter referred to in subsection (c) as a matter that is
503+30 directly or indirectly referred to in a primary matter.
504+31 (e) An agency may comply with subsection (d) by submitting a
505+32 paper or an electronic copy of the full text of the matter incorporated
506+33 by reference.
507+34 SECTION 14. IC 4-22-2-22.5, AS AMENDED BY P.L.72-2014,
508+35 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
509+36 JULY 1, 2023]: Sec. 22.5. (a) This section applies to a rule that an
510+37 agency intends to:
511+38 (1) adopt under sections 24 23 through 36 of this chapter or
512+39 section 37.2 of this chapter;
513+40 (2) adopt under IC 13-14-9; or
514+41 (3) readopt under IC 4-22-2.6.
515+42 (b) As used in this section, "pending rulemaking action" means any
516+EH 1623—LS 7025/DI 125 12
517+1 rulemaking action in which:
518+2 (1) either:
519+3 (A) a notice of intent a public comment period has been
520+4 published under section 23 or 37.2 of this chapter; or
521+5 (B) a rulemaking action has been commenced under
522+6 IC 13-14-9; and or
523+7 (C) a rulemaking action has been commenced under
524+8 IC 4-22-2.6; and
525+9 (2) the rule has not become effective under section 36 of this
526+10 chapter.
527+11 (c) Each agency shall maintain a current rulemaking docket that is
528+12 indexed.
529+13 (d) A current rulemaking docket must list each pending rulemaking
530+14 action. The docket must state or contain:
531+15 (1) the subject matter of the proposed rule;
532+16 (2) notices related to the proposed rule, or links to the Indiana
533+17 Register where these notices may be viewed;
534+18 (3) how comments may be made;
535+19 (4) the time within which comments may be made;
536+20 (5) where comments and the agency's written response to those
537+21 comments may be inspected;
538+22 (6) the date, time, and place where a public hearing required
539+23 under:
540+24 (A) section 26 of this chapter; or
541+25 (B) IC 13-14-9;
542+26 will be held;
543+27 (7) a description of relevant scientific and technical findings
544+28 related to the proposed rule, if applicable; and
545+29 (8) a reasonable estimate of the timetable for action, updated
546+30 periodically as circumstances change, if necessary.
547+31 (e) The agency shall maintain the rulemaking docket on the agency's
548+32 Internet web site. website. The information must be in an open format
549+33 that can be easily searched and downloaded. Access to the docket shall,
550+34 to the extent feasible and permitted by law, provide an opportunity for
551+35 public comment on the pertinent parts of the rulemaking docket,
552+36 including relevant scientific and technical findings. Upon request, the
553+37 agency shall provide a written rulemaking docket.
554+38 SECTION 15. IC 4-22-2-22.7 IS ADDED TO THE INDIANA
555+39 CODE AS A NEW SECTION TO READ AS FOLLOWS
556+40 [EFFECTIVE JULY 1, 2023]: Sec. 22.7. (a) Before complying with
557+41 section 22.8 of this chapter, an agency shall conduct a regulatory
558+42 analysis for the proposed rule that complies with the requirements
559+EH 1623—LS 7025/DI 125 13
560+1 of this section.
561+2 (b) The office of management and budget shall set standards for
562+3 the criteria, analytical method, treatment technology, economic,
563+4 fiscal, and other background data to be used by an agency in the
564+5 regulatory analysis. The regulatory analysis must be submitted in
565+6 a form that can be easily loaded into commonly used business
566+7 analysis software and published in the Indiana Register using the
567+8 format jointly developed by the publisher, the office of
568+9 management and budget, and the budget agency. The office of
569+10 management and budget may provide more stringent requirements
570+11 for rules with fiscal impacts and costs above a threshold amount
571+12 determined by the office of management and budget.
572+13 (c) At a minimum, the regulatory analysis must include findings
573+14 and any supporting data, studies, or analyses prepared for a rule
574+15 that demonstrate compliance with the following:
575+16 (1) The cost benefit requirements in IC 4-3-22-13.
576+17 (2) Each of the standards in sections 19.5 of this chapter.
577+18 (3) If applicable, the requirements for fees, fines, and civil
578+19 penalties in section 19.6 of this chapter.
579+20 (4) The annual economic impact on small businesses statement
580+21 required under IC 4-22-2.1-5.
581+22 (5) If applicable, the information required under
582+23 IC 13-14-9-4.
583+24 (6) Any requirement under any other law to conduct an
584+25 analysis of the cost, benefits, economic impact, or fiscal
585+26 impact of a rule, if applicable.
586+27 (d) The regulatory analysis must include a statement justifying
587+28 any requirement or cost that is:
588+29 (1) imposed on a regulated entity under the rule; and
589+30 (2) not expressly required by:
590+31 (A) the statute authorizing the agency to adopt the rule; or
591+32 (B) any other state or federal law.
592+33 The statement required under this subsection must include a
593+34 reference to any data, studies, or analyses relied upon by the
594+35 agency in determining that the imposition of the requirement or
595+36 cost is necessary.
596+37 (e) If an agency has made a good faith effort to comply with this
597+38 section, a rule is not invalid solely because the regulatory analysis
598+39 for the proposed rule is insufficient or inaccurate.
599+40 SECTION 16. IC 4-22-2-22.8 IS ADDED TO THE INDIANA
600+41 CODE AS A NEW SECTION TO READ AS FOLLOWS
601+42 [EFFECTIVE JULY 1, 2023]: Sec. 22.8. (a) After conducting a
602+EH 1623—LS 7025/DI 125 14
603+1 regulatory analysis under section 22.7 of this chapter, if an agency
604+2 elects to adopt a rule subject to section 23 of this chapter or
605+3 IC 13-14-9, the agency shall submit a request to the budget agency
606+4 and the office of management and budget to authorize
607+5 commencement of the public comment periods under this chapter
608+6 or IC 13-14-9 (as applicable). The request must include the
609+7 following:
610+8 (1) A general description of the subject matter of the proposed
611+9 rule.
612+10 (2) The full text of the proposed rule (including a copy of any
613+11 matter incorporated by reference under section 21 of this
614+12 chapter) in the form required by the publisher, including
615+13 citations to any related authorizing and affected Indiana
616+14 statutes.
617+15 (3) The analysis, including supporting data, prepared under
618+16 section 22.7 of this chapter.
619+17 (4) Any other information required by the office of
620+18 management and budget.
621+19 (b) The budget agency and the office of management and budget
622+20 shall expedite the review of the request to adopt a rule. The budget
623+21 agency and the office of management and budget may do the
624+22 following:
625+23 (1) Return the request to the agency with a statement
626+24 describing any additional information needed to authorize or
627+25 disapprove further rulemaking actions on one (1) or more of
628+26 the rules in the request.
629+27 (2) Authorize the commencement of the public comment
630+28 periods on one (1) or more of the rules in the request with or
631+29 without changes.
632+30 (3) Disapprove commencement of the public comment periods
633+31 on one (1) or more of the rules with a statement of reasons for
634+32 the disapproval.
635+33 (c) If an agency has requested authorization for more than one
636+34 (1) rule in the same request, the budget agency and the office of
637+35 management and budget may make separate determinations with
638+36 respect to some or all of the rules in the request. Approval of a
639+37 request shall be treated as a determination that the review
640+38 conducted and findings made by the agency comply with the
641+39 requirements of section 22.7 of this chapter and this section. The
642+40 budget agency and the office of management and budget may not
643+41 approve any part of a proposed rule that adds or amends language
644+42 to increase or expand application of a fee, fine, or civil penalty or
645+EH 1623—LS 7025/DI 125 15
646+1 a schedule of fees, fines, or civil penalties before submitting the
647+2 proposed rule to the budget committee for review.
648+3 (d) Notice of the determination shall be provided to the agency
649+4 in an electronic format required by the publisher. The budget
650+5 agency and the office of management and budget may return to the
651+6 agency any copy of a matter incorporated by reference under
652+7 section 21 of this chapter that was submitted with the request.
653+8 (e) If an agency revises a proposed rule after the budget agency
654+9 and the office of management and budget authorize
655+10 commencement of the public comment periods, the agency must
656+11 obtain a new notice of determination under subsection (d). The
657+12 agency shall resubmit to the budget agency and the office of
658+13 management and budget the revised proposed rule and a revised
659+14 regulatory analysis with sufficient information for the budget
660+15 agency and the office of management and budget to determine the
661+16 impact the revisions have on the regulatory analysis previously
662+17 reviewed by the budget agency and the office of management and
663+18 budget. After obtaining a new notice of determination, the agency
664+19 shall submit to the publisher the new notice of determination, the
665+20 revised proposed rule, and the revised regulatory analysis.
666+21 SECTION 17. IC 4-22-2-23, AS AMENDED BY P.L.152-2012,
667+22 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
668+23 JULY 1, 2023]: Sec. 23. (a) This section does not apply to rules
669+24 adopted under IC 4-22-2-37.1.
670+25 (b) (a) At least twenty-eight (28) days before an agency notifies the
671+26 public of the agency's intention to adopt a rule under section 24 of this
672+27 chapter, the agency shall notify the public of its intention to adopt a
673+28 rule by publishing a notice of intent to adopt a rule in the Indiana
674+29 Register. An agency shall provide notice in the Indiana Register of
675+30 the first public comment period required by this section. To
676+31 publish notice of the first comment period in the Indiana Register,
677+32 the agency must submit the following to the publisher:
678+33 (1) A statement of the date, time, and place at which the
679+34 hearing required by section 26 of this chapter will be
680+35 convened, including information for how to attend the public
681+36 hearing remotely.
682+37 (2) The full text of the agency's proposed rule in the form
683+38 required by section 20 of this chapter and the documents
684+39 required by section 21 of this chapter.
685+40 (3) The latest version of the regulatory analysis submitted to
686+41 the budget agency and the office of management and budget
687+42 under section 22.8 of this chapter.
688+EH 1623—LS 7025/DI 125 16
689+1 (4) The determination of the budget agency and the office of
690+2 management and budget authorizing commencement of the
691+3 public comment periods.
692+4 (5) If the proposed rule adds or amends language to increase
693+5 or expand application of a fee, fine, or civil penalty or a
694+6 schedule of fees, fines, or civil penalties, the agenda of the
695+7 budget committee meeting at which the rule was scheduled for
696+8 review.
697+9 (6) The notice required under subsection (b).
698+10 (b) The publication notice of the first comment period must
699+11 include the following:
700+12 (1) A general description of the subject matter of the proposed
701+13 rule.
702+14 (2) An overview of the intent and scope of the proposed rule and
703+15 the statutory authority for the rule.
704+16 (3) The latest version of the regulatory analysis submitted to
705+17 the budget agency and the office of management and budget
706+18 under section 22.8 of this chapter, excluding any appendices
707+19 containing any data, studies, or analysis referenced in the
708+20 regulatory analysis.
709+21 (4) Information concerning where, when, and how a person
710+22 may submit written comments on the proposed rule, including
711+23 contact information concerning the small business regulatory
712+24 coordinator required by section 28.1 of this chapter.
713+25 (5) Information concerning where, when, and how a person
714+26 may inspect and copy the regulatory analysis, and any data,
715+27 studies, or analyses referenced under subdivision (3).
716+28 (6) Information concerning where, when, and how a person
717+29 may inspect any documents incorporated by reference into
718+30 the proposed rule under section 21 of this chapter.
719+31 (7) An indication that, if the agency does not receive any
720+32 substantive comments during the comment period or public
721+33 hearing, the agency may adopt a rule that is the same as or
722+34 does not substantially differ from the text of the proposed rule
723+35 published under this section.
724+36 Inadequacy or insufficiency of the published description or
725+37 regulatory analysis published under this section does not invalidate
726+38 a rulemaking action.
727+39 (c) The requirement to publish a notice of intent to adopt a rule
728+40 under subsection (b) does not apply to rulemaking under IC 13-14-9.
729+41 (d) In addition to the procedures required by this article, an agency
730+42 may solicit comments from the public on the need for a rule, the
731+EH 1623—LS 7025/DI 125 17
732+1 drafting of a rule, or any other subject related to a rulemaking action,
733+2 including members of the public who are likely to be affected because
734+3 they are the subject of the potential rulemaking or are likely to benefit
735+4 from the potential rulemaking. The procedures that the agency may use
736+5 include the holding of conferences and the inviting of written
737+6 suggestions, facts, arguments, or views.
738+7 (e) The agency shall prepare a written response that contains a
739+8 summary of the comments received during any part of the rulemaking
740+9 process. The written response is a public document. The agency shall
741+10 make the written response available to interested parties upon request.
742+11 (c) Although the agency may comply with the publication
743+12 requirements of this section on different days, the agency must
744+13 comply with all of the publication requirements of this section at
745+14 least thirty (30) days before the public hearing required by section
746+15 26 of this chapter is convened.
747+16 (d) The publisher shall review materials submitted under this
748+17 section and determine the date that the publisher intends to publish
749+18 the text of the proposed rule and the notice in the Indiana Register.
750+19 If the submitted material complies with this section, the publisher
751+20 shall establish the intended publication date, assign a document
752+21 control number to the proposed rule, and provide a written or an
753+22 electronic mail authorization to proceed to the agency. The
754+23 publisher shall publish the following in the Indiana Register on the
755+24 intended publication date:
756+25 (1) The notice of the first comment period, including any
757+26 information required under IC 13-14-9-4 (if applicable).
758+27 (2) The full text of the agency's proposed rule (excluding the
759+28 full text of a matter incorporated by reference under section
760+29 21 of this chapter).
761+30 SECTION 18. IC 4-22-2-23.1, AS AMENDED BY P.L.123-2006,
762+31 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
763+32 JULY 1, 2023]: Sec. 23.1. (a) This section and section 19(b) of this
764+33 chapter do not apply to rules adopted under IC 4-22-2-37.1.
765+34 (b) Before or after an agency notifies the public of its intention to
766+35 adopt a rule under section 24 of this chapter, submits a request to the
767+36 budget agency and the office of management and budget under
768+37 section 22.8 of this chapter, the agency may solicit comments from all
769+38 or any segment of the public on the need for a rule, the drafting of a
770+39 rule, or any other subject related to a rulemaking action. The
771+40 procedures that the agency may use include the holding of conferences
772+41 and the inviting of written suggestions, facts, arguments, or views. An
773+42 agency's failure to consider comments received under this section does
774+EH 1623—LS 7025/DI 125 18
775+1 not invalidate a rule subsequently adopted.
776+2 SECTION 19. IC 4-22-2-24, AS AMENDED BY P.L.1-2006,
777+3 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
778+4 JULY 1, 2023]: Sec. 24. (a) An agency shall notify the public of its
779+5 intention to adopt a rule by complying with the publication
780+6 requirements in subsections (b) and (c).
781+7 (b) The agency shall cause a notice of a public hearing to be
782+8 published once in one (1) newspaper of general circulation in Marion
783+9 County, Indiana. To publish the newspaper notice, the agency shall
784+10 directly contract with the newspaper. An agency may not contract for
785+11 the publication of a notice under this chapter until the agency has
786+12 received a written or an electronic authorization to proceed from the
787+13 publisher under subsection (g).
788+14 (a) If:
789+15 (1) an agency receives substantive comments during the first
790+16 comment period or the public hearing under section 23 of this
791+17 chapter; or
792+18 (2) the rule establishes a requirement or limitation that is
793+19 more stringent than an applicable federal requirement or
794+20 limitation;
795+21 the agency must conduct a second comment period under this
796+22 section.
797+23 (c) (b) The agency shall cause a notice of public hearing and To
798+24 publish a notice of the second comment period in the Indiana
799+25 Register, the agency must submit the following to the publisher:
800+26 (1) The full text of the agency's proposed rule (excluding the full
801+27 text of a matter incorporated by reference under section 21 of this
802+28 chapter) to be published once in the Indiana Register. To publish
803+29 the notice and proposed rule in the Indiana Register, the agency
804+30 shall submit the text to the publisher in accordance with
805+31 subsection (g). The agency shall submit the rule in the form
806+32 required by section 20 of this chapter. and with The agency also
807+33 shall submit the documents required by section 21 of this chapter
808+34 (if the agency has not previously provided the publisher with
809+35 the documents). The publisher shall determine the number of
810+36 copies of the rule and other documents to be submitted under this
811+37 subsection. subdivision.
812+38 (2) The notice required under subsection (c).
813+39 (d) (c) The agency shall include the following in the second
814+40 comment period notice required by subsections (b) and (c): published
815+41 in the Indiana Register:
816+42 (1) A statement of the date, time, and place at which the public
817+EH 1623—LS 7025/DI 125 19
818+1 hearing required by section 26 of this chapter will be convened,
819+2 including information for how to attend the hearing remotely.
820+3 (2) A general description of the subject matter of the proposed
821+4 rule.
822+5 (3) In a notice published after June 30, 2005, a statement
823+6 justifying any requirement or cost that is:
824+7 (A) imposed on a regulated entity under the rule; and
825+8 (B) not expressly required by:
826+9 (i) the statute authorizing the agency to adopt the rule; or
827+10 (ii) any other state or federal law.
828+11 The statement required under this subdivision must include a
829+12 reference to any data, studies, or analyses relied upon by the
830+13 agency in determining that the imposition of the requirement or
831+14 cost is necessary.
832+15 (4) an explanation that:
833+16 (A) the proposed rule; and
834+17 (B) any data, studies, or analysis referenced in a statement
835+18 under subdivision (3);
836+19 may be inspected and copied at the office of the agency.
837+20 (3) A summary of the written comments received by the
838+21 agency during the first comment period and a summary of the
839+22 response of the agency to written comments submitted under
840+23 section 23 of this chapter during the first public comment
841+24 period.
842+25 (4) Either a statement indicating that no changes in the
843+26 regulatory analysis have been made from the version of the
844+27 regulatory analysis published under section 23 of this chapter
845+28 or the latest version of the regulatory analysis (excluding any
846+29 appendices containing any data, studies, or analysis
847+30 referenced in the regulatory analysis) submitted to the budget
848+31 agency and the office of management and budget under
849+32 section 22.8 of this chapter, if any changes have been made in
850+33 the regulatory analysis after submitting the material to the
851+34 publisher under section 23 of this chapter.
852+35 (5) An explanation of any differences between the text of the
853+36 proposed rule published for the first comment period under
854+37 section 23 of this chapter and the text of the proposed rule
855+38 published for the second comment period under this section.
856+39 (6) Information concerning where, when, and how a person
857+40 may submit written comments on the proposed rule, including
858+41 contact information concerning the small business regulatory
859+42 coordinator required by section 28.1 of this chapter.
860+EH 1623—LS 7025/DI 125 20
861+1 (7) Information concerning where, when, and how a person
862+2 may inspect and copy the regulatory analysis and any data,
863+3 studies, or analyses referenced in a regulatory analysis
864+4 referenced in subdivision (4).
865+5 (8) Information concerning where, when, and how a person
866+6 may inspect any documents incorporated by reference into
867+7 the proposed rule under section 21 of this chapter.
868+8 (9) An indication that the notice is for the second of two (2)
869+9 thirty (30) day periods in which the public may comment on
870+10 the proposed rule and that following the second comment
871+11 period the agency may adopt a version of the proposed rule
872+12 that is the same as or does not substantially differ from the
873+13 text of the proposed rule published under this section.
874+14 However, Inadequacy or insufficiency of the subject matter description
875+15 under subdivision (2) or a statement of justification under subdivision
876+16 (3) or regulatory analysis in a notice published under this section
877+17 does not invalidate a rulemaking action.
878+18 (e) (d) Although the agency may comply with the publication
879+19 requirements in this section on different days, the agency must comply
880+20 with all of the publication requirements in this section at least
881+21 twenty-one (21) thirty (30) days before the public hearing required by
882+22 section 26 of this chapter is convened.
883+23 (f) This section does not apply to the solicitation of comments under
884+24 section 23 of this chapter.
885+25 (g) (e) The publisher shall review materials submitted under this
886+26 section and determine the date that the publisher intends to include the
887+27 material in the Indiana Register. After:
888+28 (1) establishing the intended publication date; and
889+29 (2) receiving the public hearing information specified in
890+30 subsection (d) from the agency;
891+31 the publisher shall If the submitted material complies with this
892+32 section, the publisher shall establish the intended publication date,
893+33 assign a document control number to the proposed rule, and
894+34 provide a written or an electronic mail authorization to proceed to the
895+35 agency. The publisher shall publish the following in the Indiana
896+36 Register on the intended publication date:
897+37 (1) The notice of the second comment period, including any
898+38 information required under IC 13-14-9-4 (if applicable).
899+39 (2) The full text of the agency's proposed rule (excluding the
900+40 full text of a matter incorporated by reference under section
901+41 21 of this chapter).
902+42 SECTION 20. IC 4-22-2-25, AS AMENDED BY P.L.5-2015,
903+EH 1623—LS 7025/DI 125 21
904+1 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
905+2 JULY 1, 2023]: Sec. 25. (a) An agency has one (1) year from the date
906+3 that it publishes a notice of intent to adopt a rule in the Indiana Register
907+4 under section 23 of this chapter to comply with sections 26 through 33
908+5 of this chapter of the first public comment period under section 23
909+6 of this chapter to comply with sections 23 through 33 of this
910+7 chapter and obtain the approval or deemed approval of the governor.
911+8 If an agency determines that a rule cannot be adopted within one (1)
912+9 year after the publication of the notice of intent to adopt a rule the first
913+10 public comment period under section 23 of this chapter, the agency
914+11 shall, before the two hundred fiftieth day following the publication of
915+12 the notice of intent to adopt a rule the first public comment period
916+13 under section 23 of this chapter, notify the publisher by electronic
917+14 means:
918+15 (1) the reasons why the rule was not adopted and the expected
919+16 date the rule will be completed; and
920+17 (2) the expected date the rule will be approved or deemed
921+18 approved by the governor or withdrawn under section 41 of this
922+19 chapter.
923+20 (b) If a rule is not approved before the later of:
924+21 (1) one (1) year after the agency publishes notice of intent to
925+22 adopt the rule the first public comment period under section 23
926+23 of this chapter; or
927+24 (2) the expected date contained in a notice concerning the rule
928+25 that is provided to the publisher under subsection (a);
929+26 a later approval or deemed approval is ineffective, and the rule may
930+27 become effective only through another rulemaking action initiated
931+28 under this chapter.
932+29 SECTION 21. IC 4-22-2-26 IS AMENDED TO READ AS
933+30 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 26. (a) After the notices
934+31 and the text of an agency's proposed rule are published under section
935+32 sections 23 and (if applicable) 24 of this chapter, the agency shall
936+33 conduct a public hearing on the proposed rule.
937+34 (b) The agency shall convene the public hearing on the date and at
938+35 the time and place stated in its notices and include an option for
939+36 remote attendance.
940+37 (c) The agency may conduct the public hearing in any informal
941+38 manner that allows for an orderly presentation of comments and avoids
942+39 undue repetition. However, the agency shall afford any person
943+40 attending the public hearing an adequate opportunity to comment on
944+41 the agency's proposed rule through the presentation of oral and written
945+42 facts or argument.
946+EH 1623—LS 7025/DI 125 22
947+1 (d) The agency may recess the public hearing and reconvene it on
948+2 a different date or at a different time or place by:
949+3 (1) announcing the date, time, and place of the reconvened public
950+4 hearing in the original public hearing before its recess; and
951+5 (2) recording the announcement in the agency's record of the
952+6 public hearing.
953+7 (e) An agency that complies with subsection (d) is not required to
954+8 give any further notice of a public hearing that is to be reconvened.
955+9 SECTION 22. IC 4-22-2-27 IS AMENDED TO READ AS
956+10 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 27. The individual or
957+11 group of individuals who will finally adopt the rule under section 29 of
958+12 this chapter shall fully consider comments received by the agency
959+13 during each comment period and comments received at the public
960+14 hearing hearings required by section sections 23, 24, and 26 of this
961+15 chapter and may consider any other information before adopting the
962+16 rule. Attendance at the public hearing or review of a written record or
963+17 summary of the public hearing is sufficient to constitute full
964+18 consideration.
965+19 SECTION 23. IC 4-22-2-27.5 IS ADDED TO THE INDIANA
966+20 CODE AS A NEW SECTION TO READ AS FOLLOWS
967+21 [EFFECTIVE JULY 1, 2023]: Sec. 27.5. In addition to the
968+22 information submitted to the attorney general under section 31 of
969+23 this chapter, to the governor under section 33 of this chapter, and
970+24 to the publisher under section 35 of this chapter, an agency shall
971+25 submit to the attorney general, the governor, and the publisher a
972+26 summary of the comments received by the agency during each
973+27 comment period and public hearing under sections 23, 24, and 26
974+28 of this chapter or IC 13-14-9 and a summary of the response of the
975+29 agency to the comments. The publisher shall publish the
976+30 summaries with the final adopted and approved rule.
977+31 SECTION 24. IC 4-22-2-28, AS AMENDED BY P.L.237-2017,
978+32 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
979+33 JULY 1, 2023]: Sec. 28. (a) The following definitions apply throughout
980+34 this section:
981+35 (1) "Ombudsman" refers to the small business ombudsman
982+36 designated under IC 5-28-17-6.
983+37 (2) "Total estimated economic impact" means the direct annual
984+38 economic impact of a rule on all regulated persons after the rule
985+39 is fully implemented under subsection (g).
986+40 (b) The ombudsman:
987+41 (1) shall review a proposed rule that
988+42 (A) imposes requirements or costs on small businesses (as
989+EH 1623—LS 7025/DI 125 23
990+1 defined in IC 4-22-2.1-4); and
991+2 (B) is referred to the ombudsman by an agency under
992+3 IC 4-22-2.1-5(c); and
993+4 (2) may review a proposed rule that imposes requirements or
994+5 costs on businesses other than small businesses (as defined in
995+6 IC 4-22-2.1-4).
996+7 After conducting a review under subdivision (1) or (2), the ombudsman
997+8 may suggest alternatives to reduce any regulatory burden that the
998+9 proposed rule imposes on small businesses or other businesses. The
999+10 agency that intends to adopt the proposed rule shall respond in writing
1000+11 to the ombudsman concerning the ombudsman's comments or
1001+12 suggested alternatives before adopting the proposed rule under section
1002+13 29 of this chapter.
1003+14 (c) Subject to subsection (e) and not later than fifty (50) days before
1004+15 the public hearing for a proposed rule required by section 26 of this
1005+16 chapter, an agency shall submit the proposed rule to the office of
1006+17 management and budget for a review under subsection (d), if the
1007+18 agency proposing the rule determines that the rule will have a total
1008+19 estimated economic impact greater than five hundred thousand dollars
1009+20 ($500,000) on all regulated persons. In determining the total estimated
1010+21 economic impact under this subsection, the agency shall consider any
1011+22 applicable information submitted by the regulated persons affected by
1012+23 the rule. To assist the office of management and budget in preparing
1013+24 the fiscal impact statement required by subsection (d), the agency shall
1014+25 submit, along with the proposed rule, the data used and assumptions
1015+26 made by the agency in determining the total estimated economic
1016+27 impact of the rule.
1017+28 (d) Except as provided in subsection (e), before the adoption of the
1018+29 rule, and not more than forty-five (45) days after receiving a proposed
1019+30 rule under subsection (c), the office of management and budget shall
1020+31 prepare, using the data and assumptions provided by the agency
1021+32 proposing the rule, along with any other data or information available
1022+33 to the office of management and budget, a fiscal impact statement
1023+34 concerning the effect that compliance with the proposed rule will have
1024+35 on:
1025+36 (1) the state; and
1026+37 (2) all persons regulated by the proposed rule.
1027+38 The fiscal impact statement must contain the total estimated economic
1028+39 impact of the proposed rule and a determination concerning the extent
1029+40 to which the proposed rule creates an unfunded mandate on a state
1030+41 agency or political subdivision. The fiscal impact statement is a public
1031+42 document. The office of management and budget shall make the fiscal
1032+EH 1623—LS 7025/DI 125 24
1033+1 impact statement available to interested parties upon request and to the
1034+2 agency proposing the rule. The agency proposing the rule shall
1035+3 consider the fiscal impact statement as part of the rulemaking process
1036+4 and shall provide the office of management and budget with the
1037+5 information necessary to prepare the fiscal impact statement, including
1038+6 any economic impact statement prepared by the agency under
1039+7 IC 4-22-2.1-5. The office of management and budget may also receive
1040+8 and consider applicable information from the regulated persons
1041+9 affected by the rule in preparation of the fiscal impact statement.
1042+10 (e) With respect to a proposed rule subject to IC 13-14-9:
1043+11 (1) the department of environmental management shall give
1044+12 written notice to the office of management and budget of the
1045+13 proposed date of preliminary adoption of the proposed rule not
1046+14 less than sixty-six (66) days before that date; and
1047+15 (2) the office of management and budget shall prepare the fiscal
1048+16 impact statement referred to in subsection (d) not later than
1049+17 twenty-one (21) days before the proposed date of preliminary
1050+18 adoption of the proposed rule.
1051+19 (f) In determining whether a proposed rule has a total estimated
1052+20 economic impact greater than five hundred thousand dollars
1053+21 ($500,000), the agency proposing the rule shall consider the impact of
1054+22 the rule on any regulated person that already complies with the
1055+23 standards imposed by the rule on a voluntary basis.
1056+24 (g) For purposes of this section, a rule is fully implemented after:
1057+25 (1) the conclusion of any phase-in period during which:
1058+26 (A) the rule is gradually made to apply to certain regulated
1059+27 persons; or
1060+28 (B) the costs of the rule are gradually implemented; and
1061+29 (2) the rule applies to all regulated persons that will be affected
1062+30 by the rule.
1063+31 In determining the total estimated economic impact of a proposed rule
1064+32 under this section, the agency proposing the rule shall consider the
1065+33 annual economic impact on all regulated persons beginning with the
1066+34 first twelve (12) month period after the rule is fully implemented. The
1067+35 agency may use actual or forecasted data and may consider the actual
1068+36 and anticipated effects of inflation and deflation. The agency shall
1069+37 describe any assumptions made and any data used in determining the
1070+38 total estimated economic impact of a rule under this section.
1071+39 (h) An agency shall provide the legislative council in an electronic
1072+40 format under IC 5-14-6 with any analysis, data, and description of
1073+41 assumptions submitted to the office of management and budget under
1074+42 this section or section 40 of this chapter at the same time the agency
1075+EH 1623—LS 7025/DI 125 25
1076+1 submits the information to the office of management and budget. The
1077+2 office of management and budget shall provide the legislative council
1078+3 in an electronic format under IC 5-14-6 any fiscal impact statement and
1079+4 related supporting documentation prepared by the office of
1080+5 management and budget under this section or section 40 of this chapter
1081+6 at the same time the office of management and budget provides the
1082+7 fiscal impact statement to the agency proposing the rule. Information
1083+8 submitted under this subsection must identify the rule to which the
1084+9 information is related by document control number assigned by the
1085+10 publisher.
1086+11 (i) An agency shall provide the legislative council in an electronic
1087+12 format under IC 5-14-6 with any economic impact or fiscal impact
1088+13 statement, including any supporting data, studies, or analysis, prepared
1089+14 for a rule proposed by the agency or subject to readoption by the
1090+15 agency to comply with:
1091+16 (1) a requirement in section 19.5 of this chapter to minimize the
1092+17 expenses to regulated entities that are required to comply with the
1093+18 rule;
1094+19 (2) a requirement in section 24 of this chapter to publish a
1095+20 justification of any requirement or cost that is imposed on a
1096+21 regulated entity under the rule;
1097+22 (3) a requirement in IC 4-22-2.1-5 to prepare a statement that
1098+23 describes the annual economic impact of a rule on all small
1099+24 businesses after the rule is fully implemented;
1100+25 (4) a requirement in IC 4-22-2.5-3.1 to conduct a review to
1101+26 consider whether there are any alternative methods of achieving
1102+27 the purpose of the rule that are less costly or less intrusive, or that
1103+28 would otherwise minimize the economic impact of the proposed
1104+29 rule on small businesses;
1105+30 (5) a requirement in IC 13-14-9-3 or IC 13-14-9-4 to publish
1106+31 information concerning the fiscal impact of a rule or alternatives
1107+32 to a rule subject to these provisions; or
1108+33 (6) a requirement under any other law to conduct an analysis of
1109+34 the cost, economic impact, or fiscal impact of a rule;
1110+35 regardless of whether the total estimated economic impact of the
1111+36 proposed rule is more than five hundred thousand dollars ($500,000),
1112+37 as soon as practicable after the information is prepared. Information
1113+38 submitted under this subsection must identify the rule to which the
1114+39 information is related by document control number assigned by the
1115+40 publisher.
1116+41 SECTION 25. IC 4-22-2-28.1, AS AMENDED BY P.L.237-2017,
1117+42 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1118+EH 1623—LS 7025/DI 125 26
1119+1 JULY 1, 2023]: Sec. 28.1. (a) This section applies to the following:
1120+2 (1) A rule for which the notice required by section 23 of this
1121+3 chapter or by IC 13-14-9-3 is published by an agency or the board
1122+4 (as defined in IC 13-13-8-1).
1123+5 (2) A rule for which:
1124+6 (A) the notice required by IC 13-14-9-3; or
1125+7 (B) an appropriate later notice for circumstances described in
1126+8 subsection (g);
1127+9 is published by the department of environmental management
1128+10 after June 30, 2006.
1129+11 (b) (a) As used in this section, The following definitions apply
1130+12 throughout this section:
1131+13 (1) "Coordinator" refers to the small business regulatory
1132+14 coordinator assigned to a rule by an agency under subsection (e).
1133+15 (b).
1134+16 (c) As used in this section, (2) "Director" refers to the director or
1135+17 other administrative head of an agency.
1136+18 (d) As used in this section, (3) "Small business" has the meaning set
1137+19 forth in IC 5-28-2-6.
1138+20 (e) (b) For each rulemaking action and rule finally adopted as a
1139+21 result of a rulemaking action by an agency, under this chapter, the
1140+22 agency shall assign one (1) staff person to serve as the agency's small
1141+23 business regulatory coordinator with respect to the proposed or adopted
1142+24 rule. The agency shall assign a staff person to a rule under this
1143+25 subsection based on the person's knowledge of, or experience with, the
1144+26 subject matter of the rule. A staff person may serve as the coordinator
1145+27 for more than one (1) rule proposed or adopted by the agency if the
1146+28 person is qualified by knowledge or experience with respect to each
1147+29 rule. Subject to subsection (f):
1148+30 (1) in the case of a proposed rule, the notice of intent to adopt the
1149+31 rule The first comment period notice published under section 23
1150+32 of this chapter or
1151+33 (2) in the case of a rule proposed by the department of
1152+34 environmental management or the board (as defined in
1153+35 IC 13-13-8-1), the notice published under IC 13-14-9-3 or the
1154+36 findings published under IC 13-14-9-8(b)(1), whichever applies;
1155+37 must include the name, address, telephone number, and electronic mail
1156+38 address of the small business coordinator for the proposed rule, the
1157+39 name, address, telephone number, and electronic mail address of the
1158+40 small business ombudsman designated under IC 5-28-17-6, and a
1159+41 statement of the resources available to regulated entities through the
1160+42 small business ombudsman designated under IC 5-28-17-6. Subject to
1161+EH 1623—LS 7025/DI 125 27
1162+1 subsection (f), In the case of a rule finally adopted, the final rule, as
1163+2 published in the Indiana Register, must include the name, address,
1164+3 telephone number, and electronic mail address of the coordinator.
1165+4 (f) (c) This subsection applies to a rule adopted by the department
1166+5 of environmental management or the board (as defined in
1167+6 IC 13-13-8-1) under IC 13-14-9. Subject to subsection (g), listed in
1168+7 IC 13-14-9-1. In addition to the information required by subsection
1169+8 (b), the department and a board shall include in the notice provided
1170+9 under IC 13-14-9-3 or in the findings published under
1171+10 IC 13-14-9-8(b)(1), whichever applies, section 23 of this chapter and
1172+11 in the publication of the final rule in the Indiana Register:
1173+12 (1) a statement of the resources available to regulated entities
1174+13 through the technical and compliance assistance program
1175+14 established under IC 13-28-3;
1176+15 (2) the name, address, telephone number, and electronic mail
1177+16 address of the ombudsman designated under IC 13-28-3-2;
1178+17 (3) if applicable, a statement of:
1179+18 (A) the resources available to small businesses through the
1180+19 small business stationary source technical assistance program
1181+20 established under IC 13-28-5; and
1182+21 (B) the name, address, telephone number, and electronic mail
1183+22 address of the ombudsman for small business designated under
1184+23 IC 13-28-5-2(3). and
1185+24 (4) the information required by subsection (e).
1186+25 The coordinator assigned to the rule under subsection (e) shall work
1187+26 with the ombudsman described in subdivision (2) and the office of
1188+27 voluntary compliance established by IC 13-28-1-1 to coordinate the
1189+28 provision of services required under subsection (h) and IC 13-28-3. If
1190+29 applicable, the coordinator assigned to the rule under subsection (e)
1191+30 shall work with the ombudsman referred to in subdivision (3)(B) to
1192+31 coordinate the provision of services required under subsection (h) this
1193+32 section and IC 13-28-5.
1194+33 (g) If the notice provided under IC 13-14-9-3 is not published as
1195+34 allowed by IC 13-14-9-7, the department of environmental
1196+35 management shall publish in the notice provided under IC 13-14-9-4
1197+36 the information that subsection (f) would otherwise require to be
1198+37 published in the notice under IC 13-14-9-3. If neither the notice under
1199+38 IC 13-14-9-3 nor the notice under IC 13-14-9-4 is published as allowed
1200+39 by IC 13-14-9-8, the department of environmental management shall
1201+40 publish in the commissioner's written findings under IC 13-14-9-8(b)
1202+41 the information that subsection (f) would otherwise require to be
1203+42 published in the notice under IC 13-14-9-3.
1204+EH 1623—LS 7025/DI 125 28
1205+1 (h) (d) The coordinator assigned to a rule under subsection (e) shall
1206+2 serve as a liaison between the agency and any small business subject
1207+3 to regulation under the rule. The coordinator shall provide guidance to
1208+4 small businesses affected by the rule on the following:
1209+5 (1) Any requirements imposed by the rule, including any
1210+6 reporting, record keeping, or accounting requirements.
1211+7 (2) How the agency determines or measures compliance with the
1212+8 rule, including any deadlines for action by regulated entities.
1213+9 (3) Any penalties, sanctions, or fines imposed for noncompliance
1214+10 with the rule.
1215+11 (4) Any other concerns of small businesses with respect to the
1216+12 rule, including the agency's application or enforcement of the rule
1217+13 in particular situations. However, in the case of a rule adopted
1218+14 under IC 13-14-9, by the department of environmental
1219+15 management or a board listed in IC 13-14-9-1, the coordinator
1220+16 assigned to the rule may refer a small business with concerns
1221+17 about the application or enforcement of the rule in a particular
1222+18 situation to the ombudsman designated under IC 13-28-3-2 or, if
1223+19 applicable, under IC 13-28-5-2(3).
1224+20 (i) (e) The coordinator assigned to a rule under subsection (e) shall
1225+21 provide guidance under this section in response to questions and
1226+22 concerns expressed by small businesses affected by the rule. The
1227+23 coordinator may also issue general guidelines or informational
1228+24 pamphlets to assist small businesses in complying with the rule. Any
1229+25 guidelines or informational pamphlets issued under this subsection
1230+26 shall be made available:
1231+27 (1) for public inspection and copying at the offices of the agency
1232+28 under IC 5-14-3; and
1233+29 (2) electronically through electronic gateway access.
1234+30 (j) (f) The coordinator assigned to a rule under subsection (e) shall
1235+31 keep a record of all comments, questions, and complaints received
1236+32 from small businesses with respect to the rule. The coordinator shall
1237+33 deliver the record, along with any accompanying documents submitted
1238+34 by small businesses, to the director:
1239+35 (1) not later than ten (10) days after the date on which the rule is
1240+36 submitted to the publisher under section 35 of this chapter; and
1241+37 (2) before July 15 of each year during which the rule remains in
1242+38 effect.
1243+39 The coordinator and the director shall keep confidential any
1244+40 information concerning a small business to the extent that the
1245+41 information is exempt from public disclosure under IC 5-14-3-4.
1246+42 (k) (g) Not later than November 1 of each year, the director shall:
1247+EH 1623—LS 7025/DI 125 29
1248+1 (1) compile the records received from all of the agency's
1249+2 coordinators under subsection (j); (f);
1250+3 (2) prepare a report that sets forth:
1251+4 (A) the number of comments, complaints, and questions
1252+5 received by the agency from small businesses during the most
1253+6 recent state fiscal year, categorized by the subject matter of the
1254+7 rules involved;
1255+8 (B) the number of complaints or questions reported under
1256+9 clause (A) that were resolved to the satisfaction of the agency
1257+10 and the small businesses involved;
1258+11 (C) the total number of staff serving as coordinators under this
1259+12 section during the most recent state fiscal year;
1260+13 (D) the agency's costs in complying with this section during
1261+14 the most recent state fiscal year; and
1262+15 (E) the projected budget required by the agency to comply
1263+16 with this section during the current state fiscal year; and
1264+17 (3) deliver the report to the legislative council in an electronic
1265+18 format under IC 5-14-6 and to the small business ombudsman
1266+19 designated under IC 5-28-17-6.
1267+20 SECTION 26. IC 4-22-2-28.2, AS AMENDED BY P.L.133-2012,
1268+21 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1269+22 JULY 1, 2023]: Sec. 28.2. (a) This section applies to a violation
1270+23 described in subsection (c) that occurs after June 30, 2005. However,
1271+24 in the case of a violation of a rule adopted under IC 13-14-9 by the
1272+25 department of environmental management or the board (as defined in
1273+26 IC 13-13-8-1), the procedures set forth in IC 13-30-4-3 and IC 13-30-7
1274+27 apply instead of this section.
1275+28 (b) As used in this section, "small business" has the meaning set
1276+29 forth in section 28.1(d) 28.1(a) of this chapter.
1277+30 (c) Except as provided in subsection (d), a small business that
1278+31 voluntarily provides notice to an agency of the small business's actual
1279+32 or potential violation of a rule adopted by the agency under this chapter
1280+33 is immune from civil or criminal liability resulting from an agency
1281+34 action relating to the violation if the small business does the following:
1282+35 (1) Provides written notice of the violation to the agency not later
1283+36 than forty-five (45) days after the small business knew or should
1284+37 have known that the violation occurred.
1285+38 (2) Corrects the violation within a time agreed to by the agency
1286+39 and the small business. However, the small business shall be
1287+40 given at least ninety (90) days after the date of the notice
1288+41 described in subdivision (1) to correct the violation. The small
1289+42 business may correct the violation at any time before the
1290+EH 1623—LS 7025/DI 125 30
1291+1 expiration of the period agreed to under this subdivision.
1292+2 (3) Cooperates with any reasonable request by the agency in any
1293+3 investigation initiated in response to the notice.
1294+4 (d) A small business is not immune from civil or criminal liability
1295+5 relating to a violation of which the small business provides notice
1296+6 under subsection (c) if any of the following apply:
1297+7 (1) The violation resulted in serious harm or in imminent and
1298+8 substantial endangerment to the public health, safety, or welfare.
1299+9 (2) The violation resulted in a substantial economic benefit that
1300+10 afforded the small business a clear advantage over the small
1301+11 business's competitors.
1302+12 (3) The small business has a pattern of continuous or repeated
1303+13 violations of the rule at issue or any other rules of the agency.
1304+14 (e) Information that a small business provides under this section,
1305+15 including actions and documents that identify or describe the small
1306+16 business, to an agency in providing notice of the small business's actual
1307+17 or potential violation of a rule adopted by the agency is confidential,
1308+18 unless a clear and immediate danger to the public health, safety, or
1309+19 welfare or to the environment exists. Information described in this
1310+20 subsection may not be made available for use by the agency for
1311+21 purposes other than the purposes of this section without the consent of
1312+22 the small business.
1313+23 (f) Voluntary notice of an actual or a potential violation of a rule
1314+24 that is provided by a small business under subsection (c) is not
1315+25 admissible as evidence in a proceeding, other than an agency
1316+26 proceeding, to prove liability for the rule violation or the effects of the
1317+27 rule violation.
1318+28 SECTION 27. IC 4-22-2-29, AS AMENDED BY P.L.237-2017,
1319+29 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1320+30 JULY 1, 2023]: Sec. 29. (a) As used in this section, "small business
1321+31 ombudsman" refers to the small business ombudsman designated under
1322+32 IC 5-28-17-6.
1323+33 (b) After an agency has complied with sections 26, 27, and 28 of
1324+34 this chapter, the agency may:
1325+35 (1) adopt a rule that is identical to a proposed rule published in
1326+36 the Indiana Register under section 23 or (as applicable) 24 of
1327+37 this chapter;
1328+38 (2) subject to subsection (c), adopt a rule that consolidates part or
1329+39 all of two (2) or more proposed rules published in the Indiana
1330+40 Register under section 23 or (as applicable) 24 of this chapter
1331+41 and considered under section 27 of this chapter;
1332+42 (3) subject to subsection (c), adopt part of one (1) or more
1333+EH 1623—LS 7025/DI 125 31
1334+1 proposed rules described in subdivision (2) in two (2) or more
1335+2 separate adoption actions; or
1336+3 (4) subject to subsection (c), adopt a revised version of a proposed
1337+4 rule published under section 23 or (as applicable) 24 of this
1338+5 chapter and include provisions that did not appear in the
1339+6 published version, including any provisions recommended by the
1340+7 small business ombudsman under IC 4-22-2.1-6(a), if applicable.
1341+8 (c) Subject to IC 13-14-9-4.5 (if applicable), an agency may not
1342+9 adopt a rule that substantially differs from the version or versions of the
1343+10 proposed rule or rules published in the Indiana Register under section
1344+11 23 or 24 of this chapter, or IC 13-14-9-14 (as applicable), unless it is
1345+12 a logical outgrowth of any proposed rule as supported by any written
1346+13 and public hearing comments submitted:
1347+14 (1) during the public comment period; or
1348+15 (2) by the small business ombudsman under IC 4-22-2.1-6(a), if
1349+16 applicable.
1350+17 SECTION 28. IC 4-22-2-31, AS AMENDED BY P.L.123-2006,
1351+18 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1352+19 JULY 1, 2023]: Sec. 31. After an agency has complied with section 29
1353+20 of this chapter, or with IC 13-14-9-9(1) or IC 13-14-9-9(2), adopted
1354+21 the rule in conformity with IC 13-14-9, as applicable, the agency
1355+22 shall submit its rule to the attorney general for approval. The agency
1356+23 shall submit the following to the attorney general:
1357+24 (1) The rule in the form required by section 20 of this chapter.
1358+25 (2) The documents required by section 21 of this chapter.
1359+26 (3) Written authorization to proceed issued by the publisher under
1360+27 section 24(g) sections 23 and 24 of this chapter or IC 13-14-9-4,
1361+28 IC 13-14-9-5, or IC 13-14-9-14, as applicable.
1362+29 (4) Any other documents specified by the attorney general.
1363+30 The attorney general may require the agency to submit any supporting
1364+31 documentation that the attorney general considers necessary for the
1365+32 attorney general's review under section 32 of this chapter. The agency
1366+33 may submit any additional supporting documentation the agency
1367+34 considers necessary.
1368+35 SECTION 29. IC 4-22-2-32, AS AMENDED BY P.L.1-2006,
1369+36 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1370+37 JULY 1, 2023]: Sec. 32. (a) The attorney general shall review each rule
1371+38 submitted under section 31 of this chapter for legality.
1372+39 (b) In the review, the attorney general shall determine whether the
1373+40 rule adopted by the agency complies with the requirements under
1374+41 section 29 of this chapter and (if applicable) IC 13-14-9. The attorney
1375+42 general shall consider the following:
1376+EH 1623—LS 7025/DI 125 32
1377+1 (1) The extent to which all persons affected by the adopted rule
1378+2 should have understood from the published rule or rules that their
1379+3 interests would be affected.
1380+4 (2) The extent to which the subject matter of the adopted rule or
1381+5 the issues determined in the adopted rule are different from the
1382+6 subject matter or issues that were involved in the published rule
1383+7 or rules.
1384+8 (3) The extent to which the effects of the adopted rule differ from
1385+9 the effects that would have occurred if the published rule or rules
1386+10 had been adopted instead.
1387+11 In the review, the attorney general shall consider whether the adopted
1388+12 rule may constitute the taking of property without just compensation to
1389+13 an owner.
1390+14 (c) Except as provided in subsections (d) and (h), the attorney
1391+15 general shall disapprove a rule under this section only if it:
1392+16 (1) has been adopted without statutory authority;
1393+17 (2) has been adopted without complying with this chapter;
1394+18 (3) does not comply with requirements under section 29 of this
1395+19 chapter; or
1396+20 (4) violates another law.
1397+21 Otherwise, the attorney general shall approve the rule without making
1398+22 a specific finding of fact concerning the subjects.
1399+23 (d) If an agency submits a rule to the attorney general without
1400+24 complying with section 20(a)(2) of this chapter, the attorney general
1401+25 may:
1402+26 (1) disapprove the rule; or
1403+27 (2) return the rule to the agency without disapproving the rule.
1404+28 (e) If the attorney general returns a rule under subsection (d)(2), the
1405+29 agency may bring the rule into compliance with section 20(a)(2) of this
1406+30 chapter and resubmit the rule to the attorney general without readopting
1407+31 the rule.
1408+32 (f) If the attorney general determines in the course of the review
1409+33 conducted under subsection (b) that a rule may constitute a taking of
1410+34 property, the attorney general shall advise the following:
1411+35 (1) The governor.
1412+36 (2) The agency head.
1413+37 Advice given under this subsection shall be regarded as confidential
1414+38 attorney-client communication.
1415+39 (g) The attorney general has forty-five (45) days from the date that
1416+40 an agency:
1417+41 (1) submits a rule under section 31 of this chapter; or
1418+42 (2) resubmits a rule under subsection (e);
1419+EH 1623—LS 7025/DI 125 33
1420+1 to approve or disapprove the rule. If the attorney general neither
1421+2 approves nor disapproves the rule, the rule is deemed approved, and the
1422+3 agency may submit it to the governor for approval under section 33 of
1423+4 this chapter without the approval of the attorney general.
1424+5 (h) For rules adopted under IC 13-14-9, the attorney general:
1425+6 (1) shall determine whether the rule adopted by the agency under
1426+7 IC 13-14-9-9(2) is a IC 13-14-9 meets the appropriate
1427+8 substantial similarity or logical outgrowth of the proposed rule
1428+9 as published under IC 13-14-9-5(a)(2) and of testimony presented
1429+10 at the board meeting held under IC 13-14-9-5(a)(3); standard
1430+11 under section 29(c) of this chapter; and
1431+12 (2) may disapprove a rule under this section only if the rule:
1432+13 (A) has been adopted without statutory authority;
1433+14 (B) has been adopted without complying with this chapter or
1434+15 IC 13-14-9;
1435+16 (C) is not a logical outgrowth of the proposed rule as
1436+17 published under IC 13-14-9-5(a)(2) and of the testimony
1437+18 presented at the board meeting held under IC 13-14-9-5(a)(3);
1438+19 does not meet the appropriate substantial similarity or
1439+20 logical outgrowth standard under section 29(c) of this
1440+21 chapter; or
1441+22 (D) violates another law.
1442+23 SECTION 30. IC 4-22-2-37.1, AS AMENDED BY P.L.140-2013,
1443+24 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1444+25 JULY 1, 2023]: Sec. 37.1. (a) The following do not apply to a rule
1445+26 adopted under this section:
1446+27 (1) Sections 24 23 through 36 27 of this chapter
1447+28 (2) or IC 13-14-9 (as applicable).
1448+29 (2) Sections 28 through 36 of this chapter.
1449+30 The amendments to this section made in the 2023 regular session
1450+31 of the general assembly apply to provisional rules that are accepted
1451+32 for filing by the publisher of the Indiana Register after June 30,
1452+33 2023, regardless of whether the adopting agency initiated official
1453+34 action to adopt the rule by the name of emergency rule or
1454+35 provisional rule before July 1, 2023. An action taken before July 1,
1455+36 2023, in conformity with this section (as effective after June 30,
1456+37 2023) is validated to the same extent as if the action was taken after
1457+38 June 30, 2023.
1458+39 (b) An agency may adopt a rule may be adopted under on a
1459+40 subject for which the agency has rulemaking authority using the
1460+41 procedures in this section if a statute delegating authority to an agency
1461+42 to adopt rules authorizes adoption of such a rule:
1462+EH 1623—LS 7025/DI 125 34
1463+1 (1) under this section; or
1464+2 (2) in the manner provided by this section.
1465+3 the governor finds that the agency proposing to adopt the rule has
1466+4 demonstrated to the satisfaction of the governor that use of
1467+5 provisional rulemaking procedures under this section is necessary
1468+6 to avoid:
1469+7 (1) an imminent and substantial peril to public health, safety,
1470+8 or welfare;
1471+9 (2) an imminent and material loss of federal funds for an
1472+10 agency program;
1473+11 (3) an imminent and material deficit;
1474+12 (4) an imminent and substantial violation of a state or federal
1475+13 law or the terms of a federal agreement or program;
1476+14 (5) injury to the business or interests of the people or any
1477+15 public utility of Indiana as determined under IC 8-1-2-113;
1478+16 (6) an imminent and substantial peril to:
1479+17 (A) wildlife; or
1480+18 (B) domestic animal;
1481+19 health, safety, or welfare; or
1482+20 (7) the spread of invasive species, pests, or diseases affecting
1483+21 plants.
1484+22 To obtain a determination from the governor, an agency must
1485+23 submit to the governor the text of the proposed provisional rule, a
1486+24 statement justifying the need for provisional rulemaking
1487+25 procedures, and any additional information required by the
1488+26 governor in the form and in the manner required by the governor.
1489+27 The governor may not approve provisional rulemaking for any
1490+28 part of a proposed provisional rule that adds or amends language
1491+29 to increase or expand application of a fee, fine, or civil penalty or
1492+30 a schedule of fees, fines, or civil penalties before submitting the
1493+31 proposal to the budget committee for review. A notice of
1494+32 determination by the governor shall include findings that explain
1495+33 the basis for the determination. The notice of determination shall
1496+34 be provided to the agency in an electronic format. Approval of a
1497+35 request shall be treated as a determination that the rule meets the
1498+36 criteria in this subsection.
1499+37 (c) After an agency adopts a rule under this section, the governor
1500+38 approves provisional rulemaking procedures for a rule but before
1501+39 the agency adopts the provisional rule, the agency shall submit the
1502+40 rule to the publisher for the assignment of obtain a document control
1503+41 number The agency shall submit the rule in the form required by
1504+42 section 20 of this chapter and with the documents required by section
1505+EH 1623—LS 7025/DI 125 35
1506+1 21 of this chapter. from the publisher. The publisher shall determine
1507+2 the documents and the format of the rule and other documents to that
1508+3 must be submitted under this subsection. to the publisher to obtain
1509+4 a document control number. The agency must submit at least the
1510+5 following:
1511+6 (1) The full text of the proposed provisional rule in the form
1512+7 required by section 20 of this chapter.
1513+8 (2) A statement justifying the need for provisional
1514+9 rulemaking.
1515+10 (3) The approval of the governor to use provisional
1516+11 rulemaking procedures required by law.
1517+12 (4) The documents required by section 21 of this chapter.
1518+13 An agency may not adopt a proposed provisional rule until after
1519+14 the publisher notifies the agency that the publisher has complied
1520+15 with subsection (d). At least ten (10) regular business days must
1521+16 elapse after the publisher has complied with subsection (d) before
1522+17 the department of natural resources, the natural resources
1523+18 commission, the department of environmental management, or a
1524+19 board that has rulemaking authority under IC 13 adopts a
1525+20 provisional rule.
1526+21 (d) Upon receipt of documents described in subsection (c), the
1527+22 publisher shall distribute the full text of the proposed provisional
1528+23 rule to legislators and legislative committees in the manner and the
1529+24 form specified by the legislative council or the personnel
1530+25 subcommittee of the legislative council acting for the legislative
1531+26 council. After distribution has occurred, the publisher shall notify
1532+27 the agency of the date that distribution under this subsection has
1533+28 occurred.
1534+29 (d) (e) After the document control number has been assigned and
1535+30 the agency adopts the rule, the agency shall submit the rule following
1536+31 to the publisher for filing:
1537+32 (1) The text of the adopted provisional rule. The agency shall
1538+33 submit the provisional rule in the form required by section 20 of
1539+34 this chapter. and with
1540+35 (2) A signature page that indicates that the agency has
1541+36 adopted the provisional rule in conformity with all procedures
1542+37 required by law.
1543+38 (3) If the provisional rule adds or amends language to
1544+39 increase or expand application of a fee, fine, or civil penalty
1545+40 or a schedule of fees, fines, or civil penalties, the agenda of the
1546+41 budget committee meeting at which the rule was scheduled for
1547+42 review.
1548+EH 1623—LS 7025/DI 125 36
1549+1 (4) The documents required by section 21 of this chapter.
1550+2 The publisher shall determine the format of the provisional rule and
1551+3 other documents to be submitted under this subsection. The
1552+4 substantive text of the adopted provisional rule must be
1553+5 substantially similar to the text of the proposed provisional rule
1554+6 submitted to the governor. A provisional rule may suspend but not
1555+7 repeal a rule approved by the governor under section 34 of this
1556+8 chapter.
1557+9 (e) (f) Subject to subsections (c) and (e) and section 39 of this
1558+10 chapter, the publisher shall:
1559+11 (1) accept the rule for filing; and
1560+12 (2) electronically record the date and time that the rule is
1561+13 accepted; and
1562+14 (3) publish the text of the adopted provisional rule and the
1563+15 governor's approval in the Indiana Register.
1564+16 (f) (g) A provisional rule adopted by an agency under this section
1565+17 takes effect on the latest of the following dates:
1566+18 (1) The effective date of the statute delegating authority to the
1567+19 agency to adopt the provisional rule.
1568+20 (2) The date and time that the provisional rule is accepted for
1569+21 filing under subsection (e). (f).
1570+22 (3) The effective date stated by the adopting agency in the
1571+23 provisional rule.
1572+24 (4) The date of compliance with every requirement established by
1573+25 law as a prerequisite to the adoption or effectiveness of the
1574+26 provisional rule.
1575+27 (5) The statutory effective date for an emergency a provisional
1576+28 rule set forth in the statute authorizing the agency to adopt
1577+29 emergency rules. law.
1578+30 (g) Unless otherwise provided by the statute authorizing adoption
1579+31 of the rule:
1580+32 (1) a rule adopted under this section expires not later than ninety
1581+33 (90) days after the rule is accepted for filing under subsection (e);
1582+34 (2) a rule adopted under this section may be extended by adopting
1583+35 another rule under this section, but only for one (1) extension
1584+36 period; and
1585+37 (3) for a rule adopted under this section to be effective after one
1586+38 (1) extension period, the rule must be adopted under:
1587+39 (A) sections 24 through 36 of this chapter; or
1588+40 (B) IC 13-14-9;
1589+41 as applicable.
1590+42 (h) An agency may amend a provisional rule with another
1591+EH 1623—LS 7025/DI 125 37
1592+1 provisional rule by following the procedures in this section for the
1593+2 amending provisional rule. However, unless otherwise provided by
1594+3 IC 4-22-2.3, a provisional rule and all amendments of a provisional
1595+4 rule by another provisional rule expire not later than one hundred
1596+5 eighty (180) days after the initial provisional rule is accepted for
1597+6 filing under subsection (f). The subject of the provisional rule,
1598+7 including all amendments to the provisional rule, may not be
1599+8 subsequently extended under this section or section 37.2 of this
1600+9 chapter. If the governor determines that the circumstance that is
1601+10 the basis for using the procedures under this section ceases to exist,
1602+11 the governor may terminate the provisional rule before the lapse
1603+12 of one hundred eighty (180) days. The termination is effective when
1604+13 filed with the publisher. The publisher shall publish the
1605+14 termination notice in the Indiana Register.
1606+15 (h) This section may not be used to readopt a rule under IC 4-22-2.5.
1607+16 (i) The publisher of the Indiana administrative code shall annually
1608+17 publish a list of agencies authorized to adopt rules under this section.
1609+18 (i) Subject to subsection (j), the attorney general or the governor
1610+19 may file an objection to a provisional rule that is adopted under
1611+20 this section not later than forty-five (45) days after the date that a
1612+21 provisional rule or amendment to a provisional rule is accepted for
1613+22 filing under subsection (f). The objection must cite the document
1614+23 control number for the affected provisional rule and state the basis
1615+24 for the objection. When filed with the publisher, the objection has
1616+25 the effect of invalidating the provisional rule or amendment to a
1617+26 provisional rule. The publisher shall publish the objection in the
1618+27 Indiana Register.
1619+28 (j) The attorney general may file a written objection to a
1620+29 provisional rule under subsection (i) only if the attorney general
1621+30 determines that the provisional rule has been adopted:
1622+31 (1) without statutory authority; or
1623+32 (2) without complying with this section.
1624+33 A notice of objection to a provisional rule by the attorney general
1625+34 must include findings that explain the basis for the determination.
1626+35 The notice of objection shall be provided to the agency in an
1627+36 electronic format.
1628+37 SECTION 31. IC 4-22-2-37.2 IS ADDED TO THE INDIANA
1629+38 CODE AS A NEW SECTION TO READ AS FOLLOWS
1630+39 [EFFECTIVE JULY 1, 2023]: Sec. 37.2. (a) The following do not
1631+40 apply to a rule adopted under this section:
1632+41 (1) Sections 23 through 27 of this chapter or IC 13-14-9 (as
1633+42 applicable).
1634+EH 1623—LS 7025/DI 125 38
1635+1 (2) Sections 28 through 36 of this chapter.
1636+2 The amendments to this section made in the 2023 regular session
1637+3 of the general assembly apply to interim rules that are accepted for
1638+4 filing by the publisher of the Indiana Register after June 30, 2023,
1639+5 regardless of whether the adopting agency initiated official action
1640+6 to adopt the interim rule before July 1, 2023. An action taken
1641+7 before July 1, 2023, in conformity with this section (as effective
1642+8 after June 30, 2023) is validated to the same extent as if the action
1643+9 was taken after June 30, 2023.
1644+10 (b) An agency may only adopt a rule on a subject for which the
1645+11 agency has rulemaking authority using the procedures in this
1646+12 section if the governor finds that the agency proposing to adopt the
1647+13 rule has demonstrated to the satisfaction of the governor that use
1648+14 of interim rulemaking procedures under this section is necessary
1649+15 to implement:
1650+16 (1) a new state or federal law or program, rule of another
1651+17 state agency, federal regulation, or federal grant or loan
1652+18 agreement, or (if used by the agency to carry out the agency's
1653+19 responsibilities) a building, an equipment, a firefighting, a
1654+20 safety, or a professional code adopted by a nationally
1655+21 recognized organization;
1656+22 (2) a change in a state or federal law or program, rule of
1657+23 another state agency, federal regulation, federal grant or loan
1658+24 agreement, or (if used by the agency to carry out the agency's
1659+25 responsibilities) a building, an equipment, a firefighting, a
1660+26 safety, or a professional code adopted by a nationally
1661+27 recognized organization; or
1662+28 (3) a category of rule authorized under IC 4-22-2.3 to be
1663+29 adopted as an interim rule;
1664+30 before the time that a final rule approved by the governor under
1665+31 section 34 of this chapter could reasonably take effect.
1666+32 (c) To obtain a determination from the governor, an agency
1667+33 must submit to the governor the text of the proposed interim rule,
1668+34 a statement justifying the need for interim rulemaking procedures,
1669+35 and any additional information required by the governor in the
1670+36 form and in the manner required by the governor. The governor
1671+37 may not approve interim rulemaking for any part of a proposed
1672+38 interim rule that adds or amends language to increase or expand
1673+39 application of a fee, fine, or civil penalty or a schedule of fees, fines,
1674+40 or civil penalties before submitting the proposal to the budget
1675+41 committee for review. A notice of determination by the governor
1676+42 shall include findings that explain the basis for the determination.
1677+EH 1623—LS 7025/DI 125 39
1678+1 The notice of determination shall be provided to the agency in an
1679+2 electronic format. Approval of a request shall be treated as a
1680+3 determination that the rule meets the criteria in this subsection.
1681+4 (d) To publish a notice of interim rulemaking in the Indiana
1682+5 Register, the agency must submit the following to the publisher:
1683+6 (1) The full text of the agency's proposed interim rule in the
1684+7 form required by section 20 of this chapter.
1685+8 (2) The approval of the governor to use interim rulemaking
1686+9 procedures for the rule.
1687+10 (3) If the interim rule adds or amends language to increase or
1688+11 expand application of a fee, fine, or civil penalty or a schedule
1689+12 of fees, fines, or civil penalties, the agenda of the budget
1690+13 committee meeting at which the rule was scheduled for
1691+14 review.
1692+15 (4) The documents required by section 21 of this chapter.
1693+16 The publisher shall review materials submitted under this section
1694+17 and determine the date that the publisher intends to include the
1695+18 material in the Indiana Register. After establishing the intended
1696+19 publication date, the publisher shall provide a written or an
1697+20 electronic mail authorization to proceed to the agency.
1698+21 (e) The agency shall include the following in the notice of the
1699+22 public comment period:
1700+23 (1) A general description of the subject matter of the proposed
1701+24 interim rule, including the document control number.
1702+25 (2) The full text of the agency's proposed interim rule in the
1703+26 form required by section 20 of this chapter (excluding the text
1704+27 of a matter incorporated by reference under section 21 of this
1705+28 chapter).
1706+29 (3) A statement justifying any requirement or cost that is:
1707+30 (A) imposed on a regulated entity under the interim rule;
1708+31 and
1709+32 (B) not expressly required by the statute authorizing the
1710+33 agency to adopt rules or any other state or federal law.
1711+34 The statement required under this subdivision must include
1712+35 a reference to any data, studies, or analyses relied upon by the
1713+36 agency in determining that the imposition of the requirement
1714+37 or cost is necessary.
1715+38 (4) Information concerning where, when, and how a person
1716+39 may inspect and copy any data, studies, or analyses
1717+40 referenced under subdivision (3).
1718+41 (5) Information concerning where, when, and how a person
1719+42 may inspect any documents incorporated by reference into
1720+EH 1623—LS 7025/DI 125 40
1721+1 the proposed interim rule under section 21 of this chapter.
1722+2 (6) A date that is thirty (30) days after the notice is published
1723+3 in the Indiana Register by which written comments are due
1724+4 and a statement explaining that any person may submit
1725+5 written comments concerning the proposed interim rule
1726+6 during the public comment period and instructions on when,
1727+7 where, and how the person may submit written comments.
1728+8 However, inadequacy or insufficiency of the subject matter
1729+9 description under subdivision (1) or a statement of justification
1730+10 under subdivision (3) in a notice does not invalidate a rulemaking
1731+11 action. An agency may continue the comment period by publishing
1732+12 a subsequent notice in the Indiana Register extending the comment
1733+13 period.
1734+14 (f) Before adopting the interim rule, the agency shall prepare a
1735+15 written response to comments received by the agency, including the
1736+16 reasons for rejecting any recommendations made in the comments.
1737+17 (g) After an agency has completed the public comment period
1738+18 and complied with subsection (f), the agency may:
1739+19 (1) adopt a rule that is identical to a proposed interim rule
1740+20 published in the Indiana Register under this section; or
1741+21 (2) adopt a revised version of a proposed interim rule
1742+22 published under this section and include provisions that did
1743+23 not appear in the initially published proposed version.
1744+24 An agency may not adopt an interim rule that substantially differs
1745+25 from the version of the proposed interim rule published in the
1746+26 Indiana Register under this section, unless it is a logical outgrowth
1747+27 of any proposed interim rule as supported by any written
1748+28 comments submitted during the public comment period.
1749+29 (h) After the agency adopts the interim rule, the agency shall
1750+30 submit the following to the publisher for filing:
1751+31 (1) The text of the adopted interim rule. The agency shall
1752+32 submit the full text of the interim rule in the form required by
1753+33 section 20 of this chapter.
1754+34 (2) A summary of the comments received by the agency
1755+35 during the comment period and the agency's response to the
1756+36 comments.
1757+37 (3) A signature page that indicates that the agency has
1758+38 adopted the interim rule in conformity with all procedures
1759+39 required by law.
1760+40 (4) The documents required by section 21 of this chapter.
1761+41 The publisher shall determine the format of the interim rule and
1762+42 other documents to be submitted under this subsection. An interim
1763+EH 1623—LS 7025/DI 125 41
1764+1 rule may suspend but not repeal a rule approved by the governor
1765+2 under section 34 of this chapter.
1766+3 (i) Subject to subsection (h) and section 39 of this chapter, the
1767+4 publisher shall:
1768+5 (1) accept the rule for filing;
1769+6 (2) electronically record the date and time that the rule is
1770+7 accepted; and
1771+8 (3) publish the text of the adopted interim rule and the
1772+9 governor's approval in the Indiana Register.
1773+10 (j) An interim rule adopted by an agency under this section
1774+11 takes effect on the latest of the following dates:
1775+12 (1) The effective date of the statute delegating authority to the
1776+13 agency to adopt the interim rule.
1777+14 (2) The date and time that the interim rule is accepted for
1778+15 filing under subsection (i).
1779+16 (3) The effective date stated by the adopting agency in the
1780+17 interim rule.
1781+18 (4) The date of compliance with every requirement
1782+19 established by law as a prerequisite to the adoption or
1783+20 effectiveness of the interim rule.
1784+21 (5) The statutory effective date for an interim rule set forth in
1785+22 law.
1786+23 (k) An agency may amend an interim rule with another interim
1787+24 rule by following the procedures in this section for adoption of an
1788+25 interim rule. Except as provided in IC 4-22-2.3, an interim rule and
1789+26 all subsequent rules on the same subject adopted under section 37.1
1790+27 of this chapter or this section expire not later than four hundred
1791+28 twenty-five (425) days after the initial interim rule is accepted for
1792+29 filing under subsection (i).
1793+30 (l) Subject to subsection (m), the attorney general or the
1794+31 governor may file an objection to an interim rule that is adopted
1795+32 under this section not later than forty-five (45) days after the date
1796+33 that an interim rule or amendment to an interim rule is accepted
1797+34 for filing under subsection (i). The objection must cite the
1798+35 document control number for the affected interim rule and state
1799+36 the basis for the objection. When filed with the publisher, the
1800+37 objection has the effect of invalidating the interim rule or
1801+38 amendment to an interim rule. The publisher shall publish the
1802+39 objection in the Indiana Register.
1803+40 (m) The attorney general may file a written objection to an
1804+41 interim rule under subsection (l) only if the attorney general
1805+42 determines that the interim rule has been adopted:
1806+EH 1623—LS 7025/DI 125 42
1807+1 (1) without statutory authority; or
1808+2 (2) without complying with this section.
1809+3 A notice of objection to an interim rule by the attorney general
1810+4 must include findings that explain the basis for the determination.
1811+5 The notice of objection shall be provided to the agency in an
1812+6 electronic format.
1813+7 SECTION 32. IC 4-22-2-38, AS AMENDED BY P.L.123-2006,
1814+8 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1815+9 JULY 1, 2023]: Sec. 38. (a) This section applies to a rulemaking action
1816+10 resulting in any of the following rules:
1817+11 (1) A rule that brings another rule into conformity with section 20
1818+12 of this chapter.
1819+13 (2) A rule that amends another rule to replace an inaccurate
1820+14 reference to a statute, rule, regulation, other text, governmental
1821+15 entity, or location with an accurate reference, when the inaccuracy
1822+16 is the result of the rearrangement of a federal or state statute, rule,
1823+17 or regulation under a different citation number, a federal or state
1824+18 transfer of functions from one (1) governmental entity to another,
1825+19 a change in the name of a federal or state governmental entity, or
1826+20 a change in the address of an entity.
1827+21 (3) A rule correcting any other typographical, clerical, or spelling
1828+22 error in another rule.
1829+23 (b) Sections 24 through 37.1 37.2 of this chapter do not apply to
1830+24 rules described in subsection (a).
1831+25 (c) Notwithstanding any other statute, an agency may adopt a rule
1832+26 described by subsection (a) without complying with any statutory
1833+27 notice, hearing, adoption, or approval requirement. In addition, the
1834+28 governor may adopt a rule described in subsection (a) for an agency
1835+29 without the agency's consent or action.
1836+30 (d) A rule described in subsection (a) shall be submitted to the
1837+31 publisher for the assignment of a document control number. The
1838+32 agency (or the governor, for the agency) shall submit the rule in the
1839+33 form required by section 20 of this chapter and with the documents
1840+34 required by section 21 of this chapter. The publisher shall determine
1841+35 the number of copies of the rule and other documents to be submitted
1842+36 under this subsection.
1843+37 (e) After a document control number is assigned, the agency (or the
1844+38 governor, for the agency) shall submit the rule to the publisher for
1845+39 filing. The agency (or the governor, for the agency) shall submit the
1846+40 rule in the form required by section 20 of this chapter and with the
1847+41 documents required by section 21 of this chapter. The publisher shall
1848+42 determine the format of the rule and other documents to be submitted
1849+EH 1623—LS 7025/DI 125 43
1850+1 under this subsection.
1851+2 (f) Subject to section 39 of this chapter, the publisher shall:
1852+3 (1) accept the rule for filing; and
1853+4 (2) electronically record the date and time that it is accepted.
1854+5 (g) Subject to subsection (h), a rule described in subsection (a) takes
1855+6 effect on the latest of the following dates:
1856+7 (1) The date that the rule being corrected by a rule adopted under
1857+8 this section becomes effective.
1858+9 (2) The date that is forty-five (45) days from the date and time
1859+10 that the rule adopted under this section is accepted for filing
1860+11 under subsection (f).
1861+12 (h) The governor or the attorney general may file an objection to a
1862+13 rule that is adopted under this section before the date that is forty-five
1863+14 (45) days from the date and time that the rule is accepted for filing
1864+15 under subsection (f). When filed with the publisher, the objection has
1865+16 the effect of invalidating the rule.
1866+17 SECTION 33. IC 4-22-2-39, AS AMENDED BY P.L.123-2006,
1867+18 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1868+19 JULY 1, 2023]: Sec. 39. (a) When an agency submits a rule for filing
1869+20 under section 35, 37.1, 37.2, or 38 of this chapter, the publisher may
1870+21 accept the rule for filing only if the following conditions are met:
1871+22 (1) The following documents are submitted to allow the publisher
1872+23 to comply with IC 4-22-7-5:
1873+24 (A) One (1) electronic copy of the rule.
1874+25 (B) One (1) copy of any matters incorporated by reference
1875+26 under section 21 of this chapter in the format specified by the
1876+27 publisher.
1877+28 (C) One (1) copy of any supporting documentation submitted
1878+29 under section 31 of this chapter in the format specified by the
1879+30 publisher.
1880+31 (2) Each submitted copy includes a reference to the document
1881+32 control number assigned to the rule by the publisher.
1882+33 (3) Each submitted copy indicates that the agency has conducted
1883+34 its rulemaking action in conformity with all procedures required
1884+35 by law. However, if section 31 of this chapter applies to the rule,
1885+36 the publisher shall rely on the approval of the attorney general as
1886+37 the basis for determining that the agency has complied with all
1887+38 procedures required before the date of the approval.
1888+39 (b) If a rule includes a statement that the rule is not effective until:
1889+40 (1) an agency has complied with requirements established by the
1890+41 federal or state government;
1891+42 (2) a specific period of time has elapsed; or
1892+EH 1623—LS 7025/DI 125 44
1893+1 (3) a date has occurred;
1894+2 the agency has complied with subsection (a)(3) even if the described
1895+3 event or time has not occurred before the publisher reviews the rule
1896+4 under this section.
1897+5 (c) The publisher shall take no more than three (3) business days to
1898+6 complete the review of a rule under this section.
1899+7 SECTION 34. IC 4-22-2-40, AS AMENDED BY P.L.53-2014,
1900+8 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1901+9 JULY 1, 2023]: Sec. 40. (a) At any time before a rule is accepted for
1902+10 filing by the publisher under section 35, 37.1, 37.2, or 38 of this
1903+11 chapter, the agency that adopted the rule may recall it. A rule may be
1904+12 recalled regardless of whether:
1905+13 (1) the rule has been disapproved by the attorney general under
1906+14 section 32 of this chapter; or
1907+15 (2) the rule has been disapproved by the governor under section
1908+16 34 of this chapter.
1909+17 (b) IC 13-14-9 and sections 24 23 through 38 of this chapter do not
1910+18 apply to a recall action under this section. However, the agency shall
1911+19 distribute a notice of its recall action to the publisher for publication in
1912+20 the Indiana Register. IC 13-14-9 and sections 24 23 and 26 of this
1913+21 chapter do not apply to a readoption action under subsection (c).
1914+22 (c) After an agency recalls a rule, the agency may reconsider its
1915+23 adoption action and adopt an identical rule or a revised rule. However,
1916+24 if IC 13-14-9 or sections 24 23 through 36 of this chapter apply to the
1917+25 recalled rule, the readopted rule must comply with the requirements
1918+26 under section 29 of this chapter or IC 13-14-9-9 (as applicable).
1919+27 (d) The recall of a rule under this section voids any approval given
1920+28 after the rule was adopted and before the rule was recalled.
1921+29 (e) If a rule is:
1922+30 (1) subject to sections 31 and 33 of this chapter;
1923+31 (2) recalled under subsection (a); and
1924+32 (3) readopted under subsection (c);
1925+33 the agency shall resubmit the readopted version of the recalled rule to
1926+34 the attorney general and the governor for approval. The attorney
1927+35 general and the governor have the full statutory period to approve or
1928+36 disapprove the readopted rule. If the recalled rule was submitted to the
1929+37 office of management and budget under section 28 of this chapter, The
1930+38 agency shall resubmit the readopted version of a recalled rule to the
1931+39 office of management and budget with sufficient information for the
1932+40 office of management and budget to evaluate whether its the initial
1933+41 fiscal impact statement regulatory analysis submitted to the office
1934+42 of management and budget under section 28 22.8 of this chapter
1935+EH 1623—LS 7025/DI 125 45
1936+1 needs to be revised. The office of management and budget shall revise
1937+2 a fiscal impact statement under section 28 of this chapter If the fiscal
1938+3 impact of the readopted rule is substantially different from the recalled
1939+4 rule, the agency shall submit the revised regulatory analysis to the
1940+5 publisher for publication in the Indiana Register with the
1941+6 document control number assigned by the publisher to the rule.
1942+7 The agency also shall comply with any other applicable approval
1943+8 requirement provided by statute.
1944+9 (f) The readopted version of a recalled rule is effective only after the
1945+10 agency has complied with section 35, 37.1, 37.2, or 38 of this chapter.
1946+11 SECTION 35. IC 4-22-2-41, AS AMENDED BY P.L.123-2006,
1947+12 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1948+13 JULY 1, 2023]: Sec. 41. (a) At any time before a rule is accepted by the
1949+14 publisher for filing under section 35, 37.1, 37.2, or 38 of this chapter,
1950+15 the agency that adopted the rule may withdraw it.
1951+16 (b) IC 13-14-9 and sections 24 23 through 40 of this chapter do not
1952+17 apply to a withdrawal action. However, the withdrawing agency shall
1953+18 distribute a notice of the withdrawal to the publisher for publication in
1954+19 the Indiana Register.
1955+20 (c) The withdrawal of a rule under this section terminates the
1956+21 rulemaking action, and the withdrawn rule may become effective only
1957+22 through another rulemaking action initiated under this chapter.
1958+23 SECTION 36. IC 4-22-2.1-1, AS AMENDED BY P.L.139-2007,
1959+24 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1960+25 JULY 1, 2023]: Sec. 1. Except for a rule that is the subject of a
1961+26 rulemaking action under IC 13-14-9, IC 22-12, IC 22-13, IC 22-14, or
1962+27 IC 22-15, this chapter applies to a rule for which the notice of the first
1963+28 public comment period required by IC 4-22-2-23 is published by an
1964+29 agency after June 30, 2005.
1965+30 SECTION 37. IC 4-22-2.1-5, AS AMENDED BY P.L.109-2015,
1966+31 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1967+32 JULY 1, 2023]: Sec. 5. (a) If an agency intends to adopt a rule under
1968+33 IC 4-22-2 that will impose requirements or costs on small businesses,
1969+34 the agency shall prepare a statement that describes the annual
1970+35 economic impact of a rule on all small businesses after the rule is fully
1971+36 implemented. as described in subsection (b). The statement required by
1972+37 this section must include the following:
1973+38 (1) An estimate of the number of small businesses, classified by
1974+39 industry sector, that will be subject to the proposed rule.
1975+40 (2) An estimate of the average annual reporting, record keeping,
1976+41 and other administrative costs that small businesses will incur to
1977+42 comply with the proposed rule.
1978+EH 1623—LS 7025/DI 125 46
1979+1 (3) An estimate of the total annual economic impact that
1980+2 compliance with the proposed rule will have on all small
1981+3 businesses subject to the rule. The agency is not required to
1982+4 submit the proposed rule to the office of management and budget
1983+5 for a fiscal analysis under IC 4-22-2-28 unless the estimated
1984+6 economic impact of the rule is greater than five hundred thousand
1985+7 dollars ($500,000) on all regulated entities, as set forth in
1986+8 IC 4-22-2-28.
1987+9 (4) A statement justifying any requirement or cost that is:
1988+10 (A) imposed on small businesses by the rule; and
1989+11 (B) not expressly required by:
1990+12 (i) the statute authorizing the agency to adopt the rule; or
1991+13 (ii) any other state or federal law.
1992+14 The statement required by this subdivision must include a
1993+15 reference to any data, studies, or analyses relied upon by the
1994+16 agency in determining that the imposition of the requirement or
1995+17 cost is necessary.
1996+18 (5) A regulatory flexibility analysis that considers any less
1997+19 intrusive or less costly alternative methods of achieving the
1998+20 purpose of the proposed rule. The analysis under this subdivision
1999+21 must consider the following methods of minimizing the economic
2000+22 impact of the proposed rule on small businesses:
2001+23 (A) The establishment of less stringent compliance or
2002+24 reporting requirements for small businesses.
2003+25 (B) The establishment of less stringent schedules or deadlines
2004+26 for compliance or reporting requirements for small businesses.
2005+27 (C) The consolidation or simplification of compliance or
2006+28 reporting requirements for small businesses.
2007+29 (D) The establishment of performance standards for small
2008+30 businesses instead of design or operational standards imposed
2009+31 on other regulated entities by the rule.
2010+32 (E) The exemption of small businesses from part or all of the
2011+33 requirements or costs imposed by the rule.
2012+34 If the agency has made a preliminary determination not to
2013+35 implement one (1) or more of the alternative methods considered,
2014+36 the agency shall include a statement explaining the agency's
2015+37 reasons for the determination, including a reference to any data,
2016+38 studies, or analyses relied upon by the agency in making the
2017+39 determination.
2018+40 (b) For purposes of subsection (a), a proposed rule will be fully
2019+41 implemented with respect to small businesses after:
2020+42 (1) the conclusion of any phase-in period during which:
2021+EH 1623—LS 7025/DI 125 47
2022+1 (A) the rule is gradually made to apply to small businesses or
2023+2 certain types of small businesses; or
2024+3 (B) the costs of the rule are gradually implemented; and
2025+4 (2) the rule applies to all small businesses that will be affected by
2026+5 the rule.
2027+6 In determining the total annual economic impact of the rule under
2028+7 subsection (a)(3), the agency shall consider the annual economic
2029+8 impact on all small businesses beginning with the first twelve (12)
2030+9 month period after the rule is fully implemented. The agency may use
2031+10 actual or forecasted data and may consider the actual and anticipated
2032+11 effects of inflation and deflation. The agency shall describe any
2033+12 assumptions made and any data used in determining the total annual
2034+13 economic impact of a rule under subsection (a)(3).
2035+14 (c) The agency shall:
2036+15 (1) publish the statement required under subsection (a) in the
2037+16 Indiana Register as required by IC 4-22-2-24; and
2038+17 (2) deliver a copy of the statement, along with the proposed rule,
2039+18 to the small business ombudsman not later than the date of
2040+19 publication under subdivision (1).
2041+20 SECTION 38. IC 4-22-2.1-7, AS ADDED BY P.L.188-2005,
2042+21 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2043+22 JULY 1, 2023]: Sec. 7. Before an agency may act under IC 4-22-2.5
2044+23 IC 4-22-2.6 to readopt a rule to which the chapter applies, the agency
2045+24 must conduct the review required under IC 4-22-2.5-3.1.
2046+25 IC 4-22-2.6-4.
2047+26 SECTION 39. IC 4-22-2.3 IS ADDED TO THE INDIANA CODE
2048+27 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
2049+28 JULY 1, 2023]:
2050+29 Chapter 2.3. Transitional Provisions; Exceptions to Rulemaking
2051+30 Procedures
2052+31 Sec. 1. (a) This subsection and subsection (b) set an expiration
2053+32 date for rules adopted under IC 4-22-2-37.1 (as effective before
2054+33 July 1, 2023) or IC 4-22-2-37 (before its repeal) that at the time of
2055+34 adoption were permitted by law to continue in effect for an
2056+35 indefinite period of time. The rules to which this subsection applies
2057+36 include rules that were permitted to continue until another
2058+37 emergency rule or a final rule was adopted to replace the
2059+38 emergency rule or the agency repealed the emergency rule. Subject
2060+39 to subsections (b) and (c), the rule expires not later than:
2061+40 (1) October 1, 2023; or
2062+41 (2) if the rule is included on a list described in subsection (d),
2063+42 October 1, 2024;
2064+EH 1623—LS 7025/DI 125 48
2065+1 as applicable. An emergency rule that expires under this subsection
2066+2 may not be renewed under IC 4-22-2-37.1 (as effective after June
2067+3 30, 2023). If the rule meets the criteria in IC 4-22-2-37.2 for
2068+4 adoption as an interim rule, the rule may be adopted under
2069+5 IC 4-22-2-37.2.
2070+6 (b) The text of an emergency rule adopted under IC 4-22-2-37.1
2071+7 (as effective before July 1, 2023) or IC 4-22-2-37 (before its repeal)
2072+8 that is:
2073+9 (1) incorporated into a provision of the Indiana
2074+10 Administrative Code that before July 1, 2023, was amended
2075+11 under the procedures in IC 4-22-2-23 through IC 4-22-2-36 or
2076+12 IC 13-14-9 (as applicable); or
2077+13 (2) readopted as part of a provision of the Indiana
2078+14 Administrative Code that was readopted under IC 4-22-2.5
2079+15 (before its repeal) or IC 13-14-9.5 (before its repeal);
2080+16 continues in effect to the extent that the text remains part of the
2081+17 provision of the Indiana Administrative Code into which the
2082+18 emergency rule text was incorporated.
2083+19 (c) An emergency rule adopted under IC 4-22-2-37.1 (as
2084+20 effective before July 1, 2023) of the type described in sections 3
2085+21 through 9 of this chapter, expires as provided in the applicable
2086+22 provisions of sections 3 through 9 of this chapter.
2087+23 (d) Not later than September 1, 2023, the governor may submit
2088+24 to the publisher a list of rules described in subsection (a) for which
2089+25 the expiration under this section is October 1, 2024, instead of
2090+26 October 1, 2023. The publisher shall publish a list submitted under
2091+27 this subsection in the Indiana Register.
2092+28 Sec. 2. Before a provisional rule adopted under IC 4-22-2-37.1
2093+29 (as effective after June 30, 2023) expires, the governor by executive
2094+30 order may authorize the extension of the provisional rule under the
2095+31 interim procedures in IC 4-22-2-37.2 if the governor determines
2096+32 and finds in the executive order that the provisional circumstances
2097+33 justifying the provisional rule continue to exist. A rule adopted
2098+34 under the authority of an extension under this section, expires not
2099+35 later than one (1) year after the date on which the rules are
2100+36 published in the Indiana Register.
2101+37 Sec. 3. The director of the department of natural resources may
2102+38 adopt interim rules under the interim rule procedures in
2103+39 IC 4-22-2-37.2 to temporarily modify or suspend a rule described
2104+40 in IC 14-22-2-6 (fish and wildlife rules). An interim rule authorized
2105+41 under this section expires not later than one (1) year after the rule
2106+42 is accepted for filing by the publisher of the Indiana Register and
2107+EH 1623—LS 7025/DI 125 49
2108+1 may not be continued in another interim rule.
2109+2 Sec. 4. The Indiana state board of education may adopt interim
2110+3 rules under the interim rule procedures in IC 4-22-2-37.2 for the
2111+4 provision of special education or related services to an eligible
2112+5 choice scholarship student who receives an amount under
2113+6 IC 20-51-4-4(a)(2). An interim rule authorized under this section
2114+7 expires not later than one (1) year after the rule is accepted for
2115+8 filing by the publisher of the Indiana Register and may not be
2116+9 continued in another interim rule.
2117+10 Sec. 5. The department of natural resources (or to the extent
2118+11 permitted by IC 14-10-2, the natural resources commission) may
2119+12 adopt interim rules under the interim rule procedures in
2120+13 IC 4-22-2-37.2 to carry out the duties of the department of natural
2121+14 resources under a law listed in IC 14-10-2-5. A rule described in
2122+15 this section may be continued in another interim rule only if the
2123+16 governor determines under section IC 4-22-2-37.2(c) that the policy
2124+17 options available to the agency are so limited that use of the
2125+18 additional notice, comment, and review procedures in IC 4-22-2-23
2126+19 through IC 4-22-2-36 would provide no benefit to persons
2127+20 regulated or otherwise affected by the rule.
2128+21 Sec. 6. The following apply to the department of financial
2129+22 institutions:
2130+23 (1) The department of financial institutions shall adopt rules
2131+24 under the interim rule procedures in IC 4-22-2-37.2
2132+25 announcing:
2133+26 (A) sixty (60) days before January 1 of each odd-numbered
2134+27 year in which dollar amounts under IC 24-4.5 (Uniform
2135+28 Consumer Credit Code) are to change, the changes in
2136+29 dollar amounts required by IC 24-4.5-1-106(2);
2137+30 (B) promptly after the changes occur, changes in the Index
2138+31 required by IC 24-4.5-1-106(3), including, when applicable,
2139+32 the numerical equivalent of the Reference Base Index
2140+33 under a revised Reference Base Index and the designation
2141+34 or title of any index superseding the Index;
2142+35 (C) the adjustments required under IC 24-9-2-8 concerning
2143+36 high cost home loans; and
2144+37 (D) the adjustments required under IC 34-55-10-2
2145+38 (bankruptcy exemptions; limitations) or IC 34-55-10-2.5.
2146+39 A rule described in this subdivision expires not later than
2147+40 January of the next odd-numbered year after the department
2148+41 of financial institutions is required to issue the rule.
2149+42 (2) The department of financial institutions may adopt a rule
2150+EH 1623—LS 7025/DI 125 50
2151+1 under the interim rule procedures in IC 4-22-2-37.2 for a rule
2152+2 permitted under IC 24-4.4-1-101 (licensing system for
2153+3 creditors and mortgage loan originators) or IC 24-4.5
2154+4 (Uniform Consumer Credit Code) if the department of
2155+5 financial institutions declares an emergency. The rule
2156+6 described in this subdivision expires not later than two (2)
2157+7 years after the rule is effective.
2158+8 (3) The department of financial institutions may adopt a rule
2159+9 described in IC 34-55-10-2 (bankruptcy exemptions;
2160+10 limitations) or IC 34-55-10-2.5 in conformity with the
2161+11 procedures in IC 4-22-2-23 through IC 4-22-2-36 or the
2162+12 interim rule procedures in IC 4-22-2-37.2. A rule described in
2163+13 this subdivision adopted under IC 4-22-2-37.2 expires not
2164+14 later than two (2) years after the rule is accepted for filing by
2165+15 the publisher of the Indiana Register.
2166+16 A rule described in this section may be continued in another
2167+17 interim rule only if the governor determines under section
2168+18 IC 4-22-2-37.2(c) that the policy options available to the agency are
2169+19 so limited that use of the additional notice, comment, and review
2170+20 procedures in IC 4-22-2-23 through IC 4-22-2-36 would provide no
2171+21 benefit to persons regulated or otherwise affected by the rule.
2172+22 Sec. 7. The Indiana utility regulatory commission may adopt
2173+23 interim rules under the interim rule procedures in IC 4-22-2-37.2
2174+24 pursuant to its authority under IC 8-1-1-3(g) or IC 8-1-2-113. A
2175+25 rule described in this section expires not later than two (2) years
2176+26 after the rule is accepted for filing by the publisher of the Indiana
2177+27 Register and may not be continued in another interim rule.
2178+28 Sec. 8. The Indiana board of pharmacy may adopt interim rules
2179+29 under IC 4-22-2-37.2 to declare a substance is a synthetic drug if
2180+30 the board finds that the substance:
2181+31 (1) has been scheduled or emergency scheduled by the United
2182+32 States Drug Enforcement Administration;
2183+33 (2) has been scheduled, emergency scheduled, or criminalized
2184+34 by another state; or
2185+35 (3) has:
2186+36 (A) a high potential for abuse; and
2187+37 (B) no accepted medical use in treatment in the United
2188+38 States or lacks accepted safety for use in treatment under
2189+39 medical supervision.
2190+40 In making a determination, the Indiana board of pharmacy shall
2191+41 consider the factors described in IC 25-26-13-4.1. Notwithstanding
2192+42 IC 4-22-2-37.2(i), a rule described in this section becomes effective
2193+EH 1623—LS 7025/DI 125 51
2194+1 when the rule is published in the Indiana Register. A rule described
2195+2 in this section expires not later than one (1) year after the rule is
2196+3 accepted for filing by the publisher of the Indiana Register and
2197+4 may not be continued in another interim rule.
2198+5 Sec. 9. The Indiana pesticide review board may adopt interim
2199+6 rules under IC 4-22-2-37.2 to classify a pesticide as a restricted use
2200+7 pesticide or a pesticide for use by prescription only pending review
2201+8 by the general assembly, if the Indiana pesticide review board finds
2202+9 that:
2203+10 (1) the pesticide has been classified as a restricted use
2204+11 pesticide or a pesticide for use by prescription only by the
2205+12 United States Environmental Protection Agency; and
2206+13 (2) adoption of the interim rule is necessary to prevent an
2207+14 undue and immediate hazard to persons, animals, wildlife,
2208+15 lands, or water, other than the pests that the pesticide is
2209+16 intended to prevent, destroy, control, or mitigate.
2210+17 A rule described in this section expires not later than sixty (60)
2211+18 days after adjournment sine die of the regular session of the
2212+19 general assembly that occurs after the interim rule proceeding is
2213+20 commenced.
2214+21 SECTION 40. IC 4-22-2.5 IS REPEALED [EFFECTIVE JULY 1,
2215+22 2023]. (Expiration and Readoption of Administrative Rules).
2216+23 SECTION 41. IC 4-22-2.6 IS ADDED TO THE INDIANA CODE
2217+24 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
2218+25 JULY 1, 2023]:
2219+26 Chapter 2.6. Expiration and Readoption of Administrative
2220+27 Rules
2221+28 Sec. 1. (a) Except as provided in this section and section 10 of
2222+29 this chapter, a rule expires January 1 of the fifth year after the
2223+30 year in which the rule takes effect, unless the rule expires or is
2224+31 repealed on an earlier date. Except for an amendment made under
2225+32 IC 4-22-2-38, the expiration date of a rule under this section is
2226+33 extended each time that a rule amending or readopting an
2227+34 unexpired rule takes effect. The rule, as amended or readopted,
2228+35 expires on January 1 of the fifth year after the year in which the
2229+36 amendment or readoption takes effect.
2230+37 (b) If the latest version of a rule became effective:
2231+38 (1) in calendar year 2017, the rule expires not later than
2232+39 January 1, 2024;
2233+40 (2) in calendar year 2018, the rule expires not later than
2234+41 January 1, 2025;
2235+42 (3) in calendar year 2019, the rule expires not later than
2236+EH 1623—LS 7025/DI 125 52
2237+1 January 1, 2026; or
2238+2 (4) in calendar year 2020, the rule expires not later than
2239+3 January 1, 2027.
2240+4 (c) If the latest version of a rule became effective before January
2241+5 1, 2017, and:
2242+6 (1) the rule was adopted by an agency established under
2243+7 IC 13, the rule expires not later than January 1, 2025;
2244+8 (2) the rule was adopted by an agency established under
2245+9 IC 16, the rule expires not later than January 1, 2026; or
2246+10 (3) the rule was adopted by an agency not described in
2247+11 subdivision (1) or (2), the rule expires not later than January
2248+12 1, 2027.
2249+13 (d) A readoption rulemaking action under IC 4-22-2.5 (before
2250+14 its repeal) or IC 13-14-9.5 (before its repeal) that became effective
2251+15 before July 1, 2023, is validated to the same extent as if the
2252+16 rulemaking action had been conducted under the procedures in
2253+17 this chapter.
2254+18 (e) The determination of whether an administrative rule expires
2255+19 under this chapter shall be applied at the level of an Indiana
2256+20 Administrative Code section.
2257+21 Sec. 2. An agency that has rulemaking authority may readopt a
2258+22 rule in anticipation of a rule's expiration under section 1 of this
2259+23 chapter. To readopt a rule, an agency may readopt the rule either:
2260+24 (1) without changes in conformity with the procedures in
2261+25 sections 3 through 9 of this chapter; or
2262+26 (2) with or without changes in conformity with the procedures
2263+27 in IC 4-22-2-23 through IC 4-22-2-36 (as modified by
2264+28 IC 13-14-9, when applicable).
2265+29 Sec. 3. (a) Except as provided in subsection (b), if an agency
2266+30 intends to readopt a rule, the agency shall, not later than January
2267+31 1 of the fourth year after the year in which the rule takes effect,
2268+32 provide an initial notice of the intended readoption in an electronic
2269+33 format designated by the publisher to legislators and legislative
2270+34 committees in the manner and on the schedule specified by the
2271+35 legislative council or the personnel subcommittee of the legislative
2272+36 council acting for the legislative council.
2273+37 (b) An agency is not required to provide the initial notice under
2274+38 subsection (a) for a rule described in section 1(b)(1) of this chapter.
2275+39 Sec. 4. (a) To readopt a rule, an agency must conduct a review
2276+40 of the rule to consider the continued need for the rule and whether
2277+41 the rule, if readopted, will meet each of the standards in
2278+42 IC 4-22-2-19.5 and (if applicable) the requirements for fees, fines,
2279+EH 1623—LS 7025/DI 125 53
2280+1 and civil penalties in IC 4-22-2-19.6.
2281+2 (b) In the review, the agency shall reexamine previous cost
2282+3 benefit, economic impact, fiscal impact, and regulatory burden
2283+4 statements prepared by the agency for the rule under IC 4-3-22-13,
2284+5 IC 4-3-27-12, IC 4-22-2-22.7, IC 4-22-2-22.8, IC 4-22-2-28,
2285+6 IC 4-22-2.1-5, or an executive order and revise the statements to
2286+7 reflect any change in circumstances that affect the analysis. The
2287+8 agency shall identify any alternative methods of achieving the
2288+9 purpose of the rule that are less costly or less intrusive, or that
2289+10 would otherwise minimize the economic impact of the proposed
2290+11 rule on small businesses (as defined in IC 4-22-2.1-4) and other
2291+12 regulated entities. The agency also shall consider the following:
2292+13 (1) The nature of any complaints or comments received from
2293+14 the public, including small businesses (as defined in
2294+15 IC 4-22-2.1-4), concerning the rule or the rule's
2295+16 implementation by the agency.
2296+17 (2) The complexity of the rule, including any difficulties
2297+18 encountered by:
2298+19 (A) the agency in administering the rule; or
2299+20 (B) small businesses (as defined in IC 4-22-2.1-4) or other
2300+21 regulated persons in complying with the rule.
2301+22 (3) The degree to which technology, economic conditions, or
2302+23 other factors have changed in the area affected by the rule
2303+24 since the last time the rule was reviewed.
2304+25 (c) The agency shall prepare written findings concerning the
2305+26 agency's determinations under this section.
2306+27 Sec. 5. (a) If an agency elects to readopt a rule under this
2307+28 chapter, the agency shall submit a notice of proposed readoption
2308+29 to the publisher not later than the first regular business day in
2309+30 September of the year preceding the year in which the rule expires
2310+31 under this chapter for publication in the Indiana Register. A
2311+32 separate notice must be published for each board or other person
2312+33 or entity with rulemaking authority.
2313+34 (b) The notice must include the following:
2314+35 (1) A general description of the subject matter of all rules
2315+36 proposed to be readopted.
2316+37 (2) A listing of rules that are proposed to be readopted, listed
2317+38 by their titles and subtitles only.
2318+39 (3) A written comment period of thirty (30) days and
2319+40 instructions on how to submit written comments to the
2320+41 agency.
2321+42 (4) A request for comments on whether specific rules should
2322+EH 1623—LS 7025/DI 125 54
2323+1 be reviewed through the regular rulemaking process under
2324+2 IC 4-22-2-23 through IC 4-22-2-36 (as modified by IC 13-14-9,
2325+3 when applicable).
2326+4 (5) A summary of the agency's findings under section 4 of this
2327+5 chapter.
2328+6 (6) Any other information required by the publisher.
2329+7 (c) The agency shall submit the material in the form required by
2330+8 IC 4-22-2-20. The agency need not resubmit the documents
2331+9 required by IC 4-22-2-21 if the publisher received a copy of the
2332+10 documents when the rule was previously adopted or amended. The
2333+11 publisher shall review the material submitted under this section
2334+12 and determine the date that the publisher intends to include the
2335+13 material in the Indiana Register. After:
2336+14 (1) establishing the intended publication date; and
2337+15 (2) receiving the material as required by this section;
2338+16 the publisher shall assign a document control number, provide an
2339+17 electronic mail authorization to proceed to the agency, and publish
2340+18 the material on the intended publication date.
2341+19 Sec. 6. (a) The agency shall prepare responses to all comments
2342+20 received during the comment period.
2343+21 (b) The agency, after considering the written comments and
2344+22 responses, may do the following:
2345+23 (1) Conduct one (1) or more additional comment periods in
2346+24 the manner provided in section 5 of this chapter on one (1) or
2347+25 more rules within the scope of the notice of proposed
2348+26 readoption. If a person submits to the agency during the
2349+27 initial comment period under section 5 of this chapter a
2350+28 written request stating a basis for considering a particular
2351+29 rule separately from other rules in the notice of proposed
2352+30 readoption, the agency may not readopt that rule under this
2353+31 chapter. The agency may readopt that rule with or without
2354+32 changes only through a rulemaking action initiated under
2355+33 IC 4-22-2-23 through IC 4-22-2-36 (as modified by IC 13-14-9,
2356+34 when applicable).
2357+35 (2) Readopt one (1) or more rules within the scope of the
2358+36 notice of proposed readoption without change.
2359+37 (3) Repeal one (1) or more rules within the scope of the notice
2360+38 of proposed readoption, if the need for the rule no longer
2361+39 exists. The adopting authority may repeal a rule without
2362+40 additional comment periods under section 5 of this chapter.
2363+41 Sec. 7. (a) The agency shall immediately submit the rulemaking
2364+42 document containing the readopted rules to the publisher for filing
2365+EH 1623—LS 7025/DI 125 55
2366+1 along with documentation demonstrating that the agency has
2367+2 readopted the rules. The agency shall submit material in the form
2368+3 required by IC 4-22-2-20. The rulemaking document must make
2369+4 reference to the document control number assigned by the
2370+5 publisher.
2371+6 (b) If the rulemaking document complies with this section, the
2372+7 publisher shall:
2373+8 (1) accept the rule for filing; and
2374+9 (2) electronically record the date and time the rule is
2375+10 accepted.
2376+11 Sec. 8. A readopted rule that has been accepted for filing under
2377+12 section 7 of this chapter takes effect on the latest of the following
2378+13 dates:
2379+14 (1) The date that is thirty (30) days from the date and time
2380+15 that the rule was accepted for filing under section 7 of this
2381+16 chapter.
2382+17 (2) The effective date stated by the agency in the rule.
2383+18 (3) The date of compliance with every requirement
2384+19 established by law as a prerequisite to the readoption or
2385+20 effectiveness of the rule.
2386+21 Sec. 9. An agency that terminates a rulemaking action to
2387+22 readopt a rule with or without amendments shall submit a notice
2388+23 of withdrawal of the readoption rulemaking action in the manner
2389+24 provided in IC 4-22-2-41.
2390+25 Sec. 10. If a rule is not readopted and the governor finds that the
2391+26 failure to readopt the rule causes an emergency to exist, the
2392+27 governor may, by executive order issued before the rule's
2393+28 expiration date, postpone the expiration date of the rule until a
2394+29 date that is not later than one (1) year after the date specified in
2395+30 section 1 of this chapter.
2396+31 Sec. 11. The publisher shall remove all rules that have expired
2397+32 under this chapter from the Indiana Administrative Code.
2398+33 However, a rule that has expired but is readopted under this
2399+34 chapter (or IC 4-22-2.5 (before its repeal) or IC 13-14-9.5 (before
2400+35 its repeal)) may not be removed from the Indiana Administrative
2401+36 Code.
2402+37 SECTION 42. IC 12-10.5-1-9, AS AMENDED BY P.L.123-2006,
2403+38 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2404+39 JULY 1, 2023]: Sec. 9. (a) Before finally adopting a rule under
2405+40 IC 4-22-2 to implement this chapter, the division shall consult with and
2406+41 fully consider any comments submitted by:
2407+42 (1) caretakers providing care for a special needs individual under
2408+EH 1623—LS 7025/DI 125 56
2409+1 this chapter;
2410+2 (2) individuals with special needs receiving care from a caretaker
2411+3 under this chapter;
2412+4 (3) area agencies on aging;
2413+5 (4) consumers and providers of home and community based
2414+6 services under IC 12-10-10 and IC 12-10-11.5; and
2415+7 (5) any other agency, volunteer group, faith based group, or
2416+8 individual that the division considers appropriate;
2417+9 to ensure that the rule complies with the requirements set forth in
2418+10 subsection (b).
2419+11 (b) Rules adopted under this chapter must:
2420+12 (1) include protections for the rights, safety, and welfare of
2421+13 individuals with special needs receiving care from a caretaker
2422+14 under this chapter, including reasonable monitoring and reporting
2423+15 requirements;
2424+16 (2) serve distinct populations, including:
2425+17 (A) the aged;
2426+18 (B) persons with developmental disabilities; and
2427+19 (C) persons with physical disabilities;
2428+20 in a manner that recognizes, and appropriately responds to, the
2429+21 particular needs of the population;
2430+22 (3) not create barriers to the availability of home and community
2431+23 based services under IC 12-10-10 and IC 12-10-11.5 by imposing
2432+24 costly or unduly burdensome requirements on caretakers or other
2433+25 service providers, including:
2434+26 (A) requirements for proof of financial responsibility; and
2435+27 (B) monitoring, enforcement, reporting, or other
2436+28 administrative requirements; and
2437+29 (4) otherwise comply with IC 12-10-10, IC 12-10-11.5, and this
2438+30 chapter.
2439+31 (c) Before submitting a rule adopted under this chapter to the
2440+32 attorney general for final approval under IC 4-22-2-31, the division
2441+33 shall submit to the publisher (as defined in IC 4-22-2-3(f)) for
2442+34 publication in the Indiana Register the division's written response under
2443+35 IC 4-22-2-23 to any comments received from the parties described in
2444+36 subsection (a). Submissions to the publisher shall be made in the
2445+37 electronic format specified by the publisher.
2446+38 SECTION 43. IC 12-10.5-2-3, AS AMENDED BY P.L.123-2006,
2447+39 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2448+40 JULY 1, 2023]: Sec. 3. (a) Before finally adopting a rule under
2449+41 IC 4-22-2 to implement this chapter, the division shall consult with and
2450+42 fully consider any comments submitted by:
2451+EH 1623—LS 7025/DI 125 57
2452+1 (1) continuum of care providers providing care under this chapter;
2453+2 (2) individuals receiving care under this chapter;
2454+3 (3) area agencies on aging;
2455+4 (4) consumers and providers of home and community based
2456+5 services under IC 12-10-10 and IC 12-10-11.5; and
2457+6 (5) any other agency, volunteer group, faith based group, or
2458+7 individual that the division considers appropriate;
2459+8 to ensure that the rule complies with the requirements set forth in
2460+9 subsection (b).
2461+10 (b) Rules adopted under this chapter must:
2462+11 (1) include protections for the rights, safety, and welfare of
2463+12 individuals receiving care under this chapter;
2464+13 (2) serve distinct populations, including:
2465+14 (A) the aged;
2466+15 (B) persons with developmental disabilities; and
2467+16 (C) persons with physical disabilities;
2468+17 in a manner that recognizes, and appropriately responds to, the
2469+18 particular needs of the population;
2470+19 (3) not create barriers to the availability of home and community
2471+20 based services under IC 12-10-10 and IC 12-10-11.5 by imposing
2472+21 costly or unduly burdensome requirements on continuum of care
2473+22 providers or other service providers, including:
2474+23 (A) requirements for proof of financial responsibility; and
2475+24 (B) monitoring, enforcement, reporting, or other
2476+25 administrative requirements; and
2477+26 (4) otherwise comply with IC 12-10-10, IC 12-10-11.5, and this
2478+27 chapter.
2479+28 (c) Before submitting a rule adopted under this chapter to the
2480+29 attorney general for final approval under IC 4-22-2-31, the division
2481+30 shall submit to the publisher (as defined in IC 4-22-2-3(f)) for
2482+31 publication in the Indiana Register the division's written response under
2483+32 IC 4-22-2-23 to any comments received from the parties described in
2484+33 subsection (a). Submissions to the publisher shall be made in the
2485+34 electronic format specified by the publisher.
2486+35 SECTION 44. IC 13-14-9-0.2 IS ADDED TO THE INDIANA
2487+36 CODE AS A NEW SECTION TO READ AS FOLLOWS
2488+37 [EFFECTIVE JULY 1, 2023]: Sec. 0.2. This chapter (as effective
2489+38 January 1, 2023) continues to apply after June 30, 2023, to a
2490+39 rulemaking action that is commenced under this chapter before
2491+40 July 1, 2023.
2492+41 SECTION 45. IC 13-14-9-1, AS AMENDED BY P.L.133-2012,
2493+42 SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2494+EH 1623—LS 7025/DI 125 58
2495+1 JULY 1, 2023]: Sec. 1. (a) Except as provided in sections 8 and section
2496+2 14 of this chapter, this chapter applies to the following:
2497+3 (1) The board.
2498+4 (2) The underground storage tank financial assurance board
2499+5 established by IC 13-23-11-1.
2500+6 (b) In addition to the requirements of IC 4-22-2 and IC 13-14-8, a
2501+7 board may not adopt a rule except in accordance with this chapter.
2502+8 SECTION 46. IC 13-14-9-2 IS REPEALED [EFFECTIVE JULY 1,
2503+9 2023]. Sec. 2. Except as provided in sections 4.5, 7, 8, and 14 of this
2504+10 chapter, a board may not adopt a rule under this chapter until the board
2505+11 has conducted at least two (2) public comment periods, each of which
2506+12 must be at least thirty (30) days in length.
2507+13 SECTION 47. IC 13-14-9-3, AS AMENDED BY P.L.100-2006,
2508+14 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2509+15 JULY 1, 2023]: Sec. 3. (a) Except as provided in subsection (b),
2510+16 Before publication of the notice described in IC 4-22-2-23, the
2511+17 department shall may provide notice in the Indiana Register of the first
2512+18 a public comment period required by section 2 of this chapter.
2513+19 regarding potential rulemaking. A notice provided under this section
2514+20 must do the following:
2515+21 (1) Identify the authority under which the proposed rule is to be
2516+22 adopted.
2517+23 (2) Describe the subject matter and the basic purpose of the
2518+24 proposed rule. The description required by this subdivision must:
2519+25 (A) list all alternatives being considered by the department at
2520+26 the time of the notice;
2521+27 (B) state whether each alternative listed under clause (A)
2522+28 creates:
2523+29 (i) a restriction or requirement more stringent than a
2524+30 restriction or requirement imposed under federal law; or
2525+31 (ii) a restriction or requirement in a subject area in which
2526+32 federal law does not impose restrictions or requirements;
2527+33 (C) state the extent to which each alternative listed under
2528+34 clause (A) differs from federal law;
2529+35 (D) include any information known to the department about
2530+36 the potential fiscal impact of each alternative under clause (A)
2531+37 that creates:
2532+38 (i) a restriction or requirement more stringent than a
2533+39 restriction or requirement imposed under federal law; or
2534+40 (ii) a restriction or requirement in a subject area in which
2535+41 federal law does not impose restrictions or requirements;
2536+42 and
2537+EH 1623—LS 7025/DI 125 59
2538+1 (E) set forth the basis for each alternative listed under clause
2539+2 (A).
2540+3 (3) Describe the relevant statutory or regulatory requirements or
2541+4 restrictions relating to the subject matter of the proposed rule that
2542+5 exist before the adoption of the proposed rule.
2543+6 (4) Request the submission of alternative ways to achieve the
2544+7 purpose of the proposed rule.
2545+8 (5) Request the submission of comments, including suggestions
2546+9 of specific language for the proposed rule.
2547+10 (6) Include a detailed statement of the issue to be addressed by
2548+11 adoption of the proposed rule.
2549+12 (b) This section does not apply to rules adopted under
2550+13 IC 13-18-22-2, IC 13-18-22-3, or IC 13-18-22-4.
2551+14 (c) The notice required under subsection (a) shall be published
2552+15 electronically in the Indiana Register under procedures established by
2553+16 the publisher.
2554+17 SECTION 48. IC 13-14-9-4, AS AMENDED BY P.L.218-2016,
2555+18 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2556+19 JULY 1, 2023]: Sec. 4. (a) The department shall provide notice in the
2557+20 Indiana Register of the second public comment period required by
2558+21 section 2 of this chapter. A notice provided under this section In
2559+22 addition to the requirements of IC 4-22-2-23 and (if applicable)
2560+23 IC 4-22-2-24, the notice of public comment submitted by the
2561+24 department to the publisher must do the following:
2562+25 (1) Contain the full text of the proposed rule, to the extent
2563+26 required under IC 4-22-2-24(c).
2564+27 (2) (1) Contain a summary of the response of the department to
2565+28 written comments submitted under section 3 of this chapter,
2566+29 during the first public comment period. if applicable.
2567+30 (3) (2) Request the submission of comments, including
2568+31 suggestions of specific amendments to the language contained in
2569+32 the proposed rule.
2570+33 (4) Contain the full text of the commissioner's written findings
2571+34 under section 7 of this chapter, if applicable.
2572+35 (5) (3) Identify each element of the proposed rule that imposes a
2573+36 restriction or requirement on persons to whom the proposed rule
2574+37 applies that:
2575+38 (A) is more stringent than a restriction or requirement imposed
2576+39 under federal law; or
2577+40 (B) applies in a subject area in which federal law does not
2578+41 impose a restriction or requirement.
2579+42 (6) (4) With respect to each element identified under subdivision
2580+EH 1623—LS 7025/DI 125 60
2581+1 (5), (3), identify:
2582+2 (A) the environmental circumstance or hazard that dictates the
2583+3 imposition of the proposed restriction or requirement to
2584+4 protect human health and the environment;
2585+5 (B) examples in which federal law is inadequate to provide the
2586+6 protection referred to in clause (A); and
2587+7 (C) the:
2588+8 (i) estimated fiscal impact; and
2589+9 (ii) expected benefits;
2590+10 based on the extent to which the proposed rule is more
2591+11 stringent than the restrictions or requirements of federal law,
2592+12 or on the creation of restrictions or requirements in a subject
2593+13 area in which federal law does not impose restrictions or
2594+14 requirements.
2595+15 (7) (5) For any element of the proposed rule that imposes a
2596+16 restriction or requirement that is more stringent than a restriction
2597+17 or requirement imposed under federal law or that applies in a
2598+18 subject area in which federal law does not impose restrictions or
2599+19 requirements, describe the availability for public inspection of all
2600+20 materials relied upon by the department in the development of the
2601+21 proposed rule, including, if applicable:
2602+22 (A) health criteria;
2603+23 (B) analytical methods;
2604+24 (C) treatment technology;
2605+25 (D) economic impact data;
2606+26 (E) environmental assessment data;
2607+27 (F) analyses of methods to effectively implement the proposed
2608+28 rule; and
2609+29 (G) other background data.
2610+30 (b) The notice required under subsection (a):
2611+31 (1) shall be published electronically in the Indiana Register under
2612+32 procedures established by the publisher; and
2613+33 (2) if any element of the proposed rule to which the notice relates
2614+34 imposes a restriction or requirement that is more stringent than a
2615+35 restriction or requirement imposed under federal law, shall be
2616+36 submitted in an electronic format under IC 5-14-6 to the executive
2617+37 director of the legislative services agency, who shall present the
2618+38 notice to the legislative council established by IC 2-5-1.1-1.
2619+39 (c) (b) If the notice provided by the department concerning a
2620+40 proposed rule identifies under subsection (a)(5), an element of the
2621+41 proposed rule that imposes a restriction or requirement more stringent
2622+42 than a restriction or requirement imposed under federal law, the
2623+EH 1623—LS 7025/DI 125 61
2624+1 proposed rule shall not become effective under this chapter until the
2625+2 adjournment sine die of the regular session of the general assembly that
2626+3 begins after the department provides the notice.
2627+4 (d) (c) Subsections (b)(2) and (c) do Subsection (b) does not
2628+5 prohibit or restrict the commissioner, the department, or the board
2629+6 from:
2630+7 (1) adopting emergency provisional rules under IC 4-22-2-37.1;
2631+8 (2) taking emergency action under IC 13-14-10; or
2632+9 (3) temporarily:
2633+10 (A) altering ordinary operating policies or procedures; or
2634+11 (B) implementing new policies or procedures;
2635+12 in response to an emergency situation.
2636+13 SECTION 49. IC 13-14-9-4.2, AS AMENDED BY P.L.123-2006,
2637+14 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2638+15 JULY 1, 2023]: Sec. 4.2. Not less than fourteen (14) days before the
2639+16 date of preliminary adoption of a proposed rule by a board, the
2640+17 department shall make available to the board the fiscal impact
2641+18 statement latest version of the regulatory analysis prepared by the
2642+19 office of management and budget with respect to for the proposed rule.
2643+20 under IC 4-22-2-28(e).
2644+21 SECTION 50. IC 13-14-9-4.5 IS AMENDED TO READ AS
2645+22 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 4.5. (a) Except for a
2646+23 rule
2647+24 (1) that has been preliminarily adopted by a board in a form that
2648+25 is:
2649+26 (A) (1) identical to; or
2650+27 (B) (2) not substantively different from;
2651+28 the proposed rule published in a second notice under section 4 of
2652+29 this chapter; or
2653+30 (2) for which the commissioner has made a determination and
2654+31 prepared written findings under section 7 or 8 of this chapter;
2655+32 IC 4-22-2-23 or (if applicable) IC 4-22-2-24;
2656+33 a board may not adopt a rule under this chapter until the board has
2657+34 conducted a third an additional public comment period that is at least
2658+35 twenty-one (21) thirty (30) days in length.
2659+36 (b) The department shall publish notice of a third an additional
2660+37 public comment period with the
2661+38 (1) text;
2662+39 (2) summary; and
2663+40 (3) fiscal analysis;
2664+41 information that are is required to be published in the Indiana Register
2665+42 under section 5(a)(2) of this chapter.
2666+EH 1623—LS 7025/DI 125 62
2667+1 (c) The notice of a third public comment period that must be
2668+2 published in the Indiana Register under subsection (b) must request the
2669+3 submission of comments, including suggestions of specific
2670+4 amendments, that concern only the portion of the preliminarily adopted
2671+5 rule that is substantively different from the language contained in the
2672+6 proposed rule published in a second notice under section 4 of this
2673+7 chapter.
2674+8 SECTION 51. IC 13-14-9-5, AS AMENDED BY P.L.123-2006,
2675+9 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2676+10 JULY 1, 2023]: Sec. 5. (a) A board may not adopt a rule until all of the
2677+11 following occur:
2678+12 (1) The board holds a board meeting on the proposed rule.
2679+13 (2) The department, after approval of the proposed rule by the
2680+14 board under subsection (c), publishes the following information
2681+15 in the Indiana Register as provided in IC 4-22-2-24(c):
2682+16 (A) The full text of the proposed rule, including any
2683+17 amendments arising from the comments received before or
2684+18 during the meeting held under subdivision (1).
2685+19 (B) A summary of the response of the department to all
2686+20 comments received at the meeting held under subdivision (1).
2687+21 (C) For a proposed rule with an estimated economic impact on
2688+22 regulated entities that is greater than five hundred thousand
2689+23 dollars ($500,000), a copy of the office of management and
2690+24 budget fiscal analysis required under IC 4-22-2-28. required
2691+25 by section 4 of this chapter. However, a notice of an
2692+26 additional public comment period under section 4.5 of this
2693+27 chapter must request the submission of comments,
2694+28 including suggestions of specific amendments, that concern
2695+29 only the portion of the preliminarily adopted rule that is
2696+30 substantively different from the language contained in the
2697+31 proposed rule published in the immediately preceding
2698+32 notice under section 4 or (if applicable) 4.5 of this chapter.
2699+33 (3) The board, after publication of the notice under subdivision
2700+34 (2), holds another board meeting on the proposed rule.
2701+35 (4) If a third an additional public comment period is required
2702+36 under section 4.5 of this chapter, the department publishes notice
2703+37 of the third additional public comment period in the Indiana
2704+38 Register.
2705+39 (b) Board meetings held under subsection (a)(1) and (a)(3) shall be
2706+40 conducted in accordance with IC 4-22-2-26(b) through
2707+41 IC 4-22-2-26(d).
2708+42 (c) At a board meeting held under subsection (a)(1), the board shall
2709+EH 1623—LS 7025/DI 125 63
2710+1 determine whether the proposed rule will:
2711+2 (1) proceed to publication under subsection (a)(2);
2712+3 (2) be subject to additional comments under section 3 or 4 4.5 of
2713+4 this chapter; considering any written finding made by the
2714+5 commissioner under section 7 or 8 of this chapter; or
2715+6 (3) be reconsidered at a subsequent board meeting in accordance
2716+7 with IC 4-22-2-26(d).
2717+8 SECTION 52. IC 13-14-9-6, AS AMENDED BY P.L.123-2006,
2718+9 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2719+10 JULY 1, 2023]: Sec. 6. In addition to the requirements of section 8 of
2720+11 this chapter, The department shall include the following in the written
2721+12 materials to be considered at the board meetings held under section
2722+13 5(a)(1) and 5(a)(3) of this chapter:
2723+14 (1) The full text of the proposed rule, as most recently prepared
2724+15 by the department.
2725+16 (2) The written responses of the department to all comments
2726+17 received:
2727+18 (A) during the immediately preceding comment period for a
2728+19 board meeting held under section 5(a)(1) of this chapter;
2729+20 (B) during the immediately preceding board meeting under
2730+21 section 5(a)(1) of this chapter for a board meeting held under
2731+22 section 5(a)(3) of this chapter if a third an additional public
2732+23 comment period is not required under section 4.5 of this
2733+24 chapter; or
2734+25 (C) during:
2735+26 (i) a third an additional public comment period that address
2736+27 the portion of the preliminarily adopted rule that is
2737+28 substantively different from the language contained in the
2738+29 proposed rule published in a second notice under section 4
2739+30 of this chapter; and
2740+31 (ii) the immediately preceding board meeting held under
2741+32 section 5(a)(1) of this chapter;
2742+33 for a board meeting held under section 5(a)(3) of this chapter
2743+34 if a third an additional public comment period is required
2744+35 under section 4.5 of this chapter.
2745+36 (3) The full text of the office of management and budget fiscal
2746+37 latest version of regulatory analysis if a fiscal analysis is
2747+38 required under IC 4-22-2-28. provided to the budget agency and
2748+39 the office of management and budget under IC 4-22-2-22.8.
2749+40 SECTION 53. IC 13-14-9-7 IS REPEALED [EFFECTIVE JULY 1,
2750+41 2023]. Sec. 7. (a) Unless a board determines under section 5(c)(2) of
2751+42 this chapter that a proposed rule should be subject to additional
2752+EH 1623—LS 7025/DI 125 64
2753+1 comments, section 3 of this chapter does not apply to a rulemaking
2754+2 action if the commissioner determines that the rulemaking policy
2755+3 alternatives available to the department are so limited that the public
2756+4 notice and comment period under section 3 of this chapter would
2757+5 provide no substantial benefit to:
2758+6 (1) the environment; or
2759+7 (2) persons to be regulated or otherwise affected by the proposed
2760+8 rule.
2761+9 (b) If the commissioner makes a determination under subsection (a),
2762+10 the commissioner shall prepare written findings under this section. The
2763+11 full text of the commissioner's written findings shall be included in the
2764+12 public notice provided under section 4 of this chapter.
2765+13 SECTION 54. IC 13-14-9-8, AS AMENDED BY P.L.6-2012,
2766+14 SECTION 103, IS AMENDED TO READ AS FOLLOWS
2767+15 [EFFECTIVE JULY 1, 2023]: Sec. 8. (a) Except as provided in
2768+16 subsection (g), unless a board determines that a proposed rule should
2769+17 be subject to additional comments or makes a determination described
2770+18 in subsection (f), sections 2 through 7 and sections 9 through 14 of this
2771+19 chapter do not apply to a rulemaking action if the commissioner
2772+20 determines that:
2773+21 (1) the proposed rule constitutes:
2774+22 (A) an adoption or incorporation by reference of a federal law,
2775+23 regulation, or rule that:
2776+24 (i) is or will be applicable to Indiana; and
2777+25 (ii) contains no amendments that have a substantive effect
2778+26 on the scope or intended application of the federal law or
2779+27 rule;
2780+28 (B) a technical amendment with no substantive effect on an
2781+29 existing Indiana rule; or
2782+30 (C) an amendment to an existing Indiana rule, the primary and
2783+31 intended purpose of which is to clarify the existing rule; and
2784+32 (2) the proposed rule is of such nature and scope that there is no
2785+33 reasonably anticipated benefit to the environment or the persons
2786+34 referred to in section 7(a)(2) of this chapter from the following:
2787+35 (A) Exposing the proposed rule to diverse public comment
2788+36 under section 3 or 4 of this chapter.
2789+37 (B) Affording interested or affected parties the opportunity to
2790+38 be heard under section 3 or 4 of this chapter.
2791+39 (C) Affording interested or affected parties the opportunity to
2792+40 develop evidence in the record collected under sections 3 and
2793+41 4 of this chapter.
2794+42 (b) If the commissioner makes a determination under subsection (a),
2795+EH 1623—LS 7025/DI 125 65
2796+1 the commissioner shall prepare written findings under this section. The
2797+2 full text of the commissioner's written findings shall be included in:
2798+3 (1) the notice of adoption of the proposed rule; and
2799+4 (2) the written materials to be considered by the board at the
2800+5 public hearing held under this section.
2801+6 (c) The notice of adoption of a proposed rule under this section
2802+7 must:
2803+8 (1) be published in the Indiana Register; and
2804+9 (2) include the following:
2805+10 (A) Draft rule language that includes the language described
2806+11 in subsection (a)(1).
2807+12 (B) A written comment period of at least thirty (30) days.
2808+13 (C) A notice of public hearing before the appropriate board.
2809+14 (d) The department shall include the following in the written
2810+15 materials to be considered by the board at the public hearing referred
2811+16 to in subsection (c):
2812+17 (1) The full text of the proposed rule as most recently prepared by
2813+18 the department.
2814+19 (2) Written responses of the department to written comments
2815+20 received during the comment period referred to in subsection (c).
2816+21 (3) The commissioner's findings under subsection (b).
2817+22 (e) At the public hearing referred to in subsection (c), the board
2818+23 may:
2819+24 (1) adopt the proposed rule;
2820+25 (2) adopt the proposed rule with amendments;
2821+26 (3) reject the proposed rule;
2822+27 (4) determine that additional public comment is necessary; or
2823+28 (5) determine to reconsider the proposed rule at a subsequent
2824+29 board meeting.
2825+30 (f) If the board determines under subsection (e) that additional
2826+31 public comment is necessary, the department shall publish a second
2827+32 notice in accordance with section 4 of this chapter and complete the
2828+33 rulemaking in accordance with this chapter.
2829+34 (g) If the board adopts the proposed rule with amendments under
2830+35 subsection (e)(2), the amendments must meet the logical outgrowth
2831+36 requirements of section 10 of this chapter, except that the board, in
2832+37 determining whether the amendments are a logical outgrowth of
2833+38 comments provided to the board, and in considering whether the
2834+39 language of comments provided to the board fairly apprised interested
2835+40 persons of the specific subjects and issues contained in the
2836+41 amendments, shall consider the comments provided to the board at the
2837+42 public hearing referred to in subsection (c)(2)(C).
2838+EH 1623—LS 7025/DI 125 66
2839+1 (h) This subsection applies to that part of a rule adopted under this
2840+2 section that directly corresponds to and is based on a federal law, rule,
2841+3 or regulation that is stayed or repealed, invalidated, vacated, or
2842+4 otherwise nullified by a legislative, an administrative, or a judicial
2843+5 action described in subdivision (1), (2), or (3). If:
2844+6 (1) a proposed rule is adopted by a board under subsection (e)(1)
2845+7 based on a determination by the commissioner under subsection
2846+8 (a)(1)(A) and the federal law, rule, or regulation on which the
2847+9 adopted rule is based is later repealed or otherwise nullified by
2848+10 legislative or administrative action, then that part of the adopted
2849+11 rule that corresponds to the repealed or nullified federal law, rule,
2850+12 or regulation is void as of the effective date of the legislative or
2851+13 administrative action repealing or otherwise nullifying the federal
2852+14 law, rule, or regulation;
2853+15 (2) a board adopts a proposed rule under subsection (e)(1) that is
2854+16 based on a determination by the commissioner under subsection
2855+17 (a)(1)(A) and the federal law, rule, or regulation on which the
2856+18 adopted rule is based is later invalidated, vacated, or otherwise
2857+19 nullified by a judicial decree, order, or judgment of a state or
2858+20 federal court whose decisions concerning such matters have force
2859+21 and effect in Indiana:
2860+22 (A) then that part of the rule that corresponds to the
2861+23 invalidated, vacated, or otherwise nullified federal law, rule,
2862+24 or regulation shall not be enforced by the commissioner or any
2863+25 other person during the time in which an appeal of the judicial
2864+26 decree, order, or judgment can be commenced or is pending;
2865+27 and
2866+28 (B) either:
2867+29 (i) that part of the adopted rule that corresponds to the
2868+30 invalidated, vacated, or otherwise nullified federal law, rule,
2869+31 or regulation is void as of the date that the judicial decree,
2870+32 order, or judgment becomes final and unappealable; or
2871+33 (ii) enforcement of the adopted rule is restored if the judicial
2872+34 decree, order, or judgment is reversed, vacated, or otherwise
2873+35 nullified on appeal; and
2874+36 (3) the If the commissioner determines that a federal law,
2875+37 regulation, or rule:
2876+38 (1) that is the basis of a rule that is adopted under subsection
2877+39 (e)(1) by the board; and based on a determination by the
2878+40 commissioner under subsection (a)(1)(A)
2879+41 (2) is stayed by an administrative or a judicial order pending
2880+42 an administrative or a judicial action regarding the validity of
2881+EH 1623—LS 7025/DI 125 67
2882+1 the federal law, rule, or regulation;
2883+2 the commissioner may suspend the enforcement of that part of the
2884+3 adopted rule that corresponds to the stayed federal law, rule, or
2885+4 regulation while the stay is in force.
2886+5 SECTION 55. IC 13-14-9-9 IS AMENDED TO READ AS
2887+6 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 9. After complying
2888+7 with sections 2 4 through 8 6 of this chapter, the board may, at the
2889+8 board meeting held under section 5(a)(3) of this chapter:
2890+9 (1) adopt a rule that is identical to the proposed rule published
2891+10 under section 5(a)(2) of this chapter or with amendments that
2892+11 meet the substantially similar or logical outgrowth
2893+12 requirements of IC 4-22-2-29(c);
2894+13 (2) adopt the proposed rule with amendments that meet the
2895+14 criteria set forth in section 10 of this chapter;
2896+15 (3) (2) recommend amendments to the proposed rule; that do not
2897+16 meet the criteria set forth in section 10 of this chapter;
2898+17 (4) (3) reject the proposed rule; or
2899+18 (5) (4) reconsider the proposed rule at a subsequent board
2900+19 meeting in accordance with IC 4-22-2-26(d).
2901+20 SECTION 56. IC 13-14-9-10 IS REPEALED [EFFECTIVE JULY
2902+21 1, 2023]. Sec. 10. (a) A board may amend a proposed rule at a board
2903+22 meeting held under section 5(a)(3) of this chapter and adopt the
2904+23 amended rule under section 9(2) of this chapter if the amendments are
2905+24 a logical outgrowth of:
2906+25 (1) the proposed rule as published under section 5(a)(2) of this
2907+26 chapter; and
2908+27 (2) any comments provided to the board at the meeting held under
2909+28 section 5(a)(3) of this chapter.
2910+29 (b) In determining, for the purposes of this section, whether an
2911+30 amendment is a logical outgrowth of the proposed rule and any
2912+31 comments, the board shall consider:
2913+32 (1) whether the language of:
2914+33 (A) the proposed rule as published under section 5(a)(2) of
2915+34 this chapter; and
2916+35 (B) any comments provided to the board at the meeting held
2917+36 under section 5(a)(3) of this chapter;
2918+37 fairly apprised interested persons of the specific subjects and
2919+38 issues contained in the amendment; and
2920+39 (2) whether the interested parties were allowed an adequate
2921+40 opportunity to be heard by the board.
2922+41 SECTION 57. IC 13-14-9-11 IS AMENDED TO READ AS
2923+42 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. If the board
2924+EH 1623—LS 7025/DI 125 68
2925+1 recommends amendments to a proposed rule under section 9(3) 9(2) of
2926+2 this chapter, the full text of the proposed rule and accompanying
2927+3 amendments shall be published in accordance with section 5(a)(2) of
2928+4 this chapter. After that publication, the board shall hold another board
2929+5 meeting on the proposed rule under section 5(a)(3) of this chapter.
2930+6 SECTION 58. IC 13-14-9-12, AS AMENDED BY P.L.204-2007,
2931+7 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2932+8 JULY 1, 2023]: Sec. 12. The board may reject a proposed rule under
2933+9 section 9(4) 9 of this chapter if one (1) of the following conditions
2934+10 exists:
2935+11 (1) The following occurs or has occurred:
2936+12 (A) under section 8 of this chapter, sections 3 and 4 of this
2937+13 chapter did not apply to the proposed rule; and
2938+14 (B) either:
2939+15 (i) (1) The board determines that necessary amendments to
2940+16 the proposed rule will affect persons that reasonably require
2941+17 an opportunity to comment under section 4 of this chapter.
2942+18 considering the criteria set forth in section 8(a)(2) of this
2943+19 chapter; or
2944+20 (ii) (2) The board determines that due to the fundamental or
2945+21 inherent structure or content of the proposed rule, the only
2946+22 reasonably anticipated method of developing a rule
2947+23 acceptable to the board is to require the department to
2948+24 redraft the rule and to obtain the public comments under
2949+25 section 4 of this chapter.
2950+26 (2) The following occurs or has occurred:
2951+27 (A) the proposed rule was subject to sections 3 and 4 of this
2952+28 chapter; and
2953+29 (B) either:
2954+30 (i) the board makes a determination set forth in subdivision
2955+31 (1)(B)(i) or (1)(B)(ii); or
2956+32 (ii) (3) The board determines that, due to a procedural or
2957+33 other defect in the implementation of the applicable
2958+34 rulemaking requirements, under sections 3 and 4 of this
2959+35 chapter, an interested or affected party will be unfairly and
2960+36 substantially prejudiced if the public comment period under
2961+37 section 4 of this chapter is not again afforded and that no
2962+38 reasonable alternative method to obtain public comments is
2963+39 available to the interested or affected party other than the
2964+40 public comment period under section 4 of this chapter.
2965+41 SECTION 59. IC 13-14-9-14, AS AMENDED BY P.L.133-2012,
2966+42 SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2967+EH 1623—LS 7025/DI 125 69
2968+1 JULY 1, 2023]: Sec. 14. (a) Except as provided in subsection (g),
2969+2 sections 1 through 13 of this chapter do not apply to a rule adopted
2970+3 under this section.
2971+4 (b) The board may use the procedures in this section to adopt a rule
2972+5 to establish new water quality standards for a community served by a
2973+6 combined sewer that has:
2974+7 (1) an approved long term control plan; and
2975+8 (2) an approved use attainability analysis that supports the use of
2976+9 a CSO wet weather limited use subcategory established under
2977+10 IC 13-18-3-2.5.
2978+11 (c) After the department approves the long term control plan and use
2979+12 attainability analysis, the department shall publish in the Indiana
2980+13 Register a notice of adoption of a proposed rule to establish a CSO wet
2981+14 weather limited use subcategory for the area defined by the approved
2982+15 use attainability analysis.
2983+16 (d) The notice under subsection (c) must include the following:
2984+17 (1) Suggested rule language that amends the designated use to
2985+18 allow for a CSO wet weather limited use subcategory in
2986+19 accordance with IC 13-18-3-2.5.
2987+20 (2) A written comment period of at least thirty (30) days.
2988+21 (3) A notice of public hearing before the board.
2989+22 (e) The department shall include the following in the written
2990+23 materials to be considered by the board at the public hearing referred
2991+24 to in subsection (d)(3):
2992+25 (1) The full text of the proposed rule as most recently prepared by
2993+26 the department.
2994+27 (2) Written responses of the department to written comments
2995+28 received during the comment period referred to in subsection
2996+29 (d)(2).
2997+30 (3) The letter prepared by the department approving the long term
2998+31 control plan and use attainability analysis.
2999+32 (f) At the public hearing referred to in subsection (d)(3), the board
3000+33 may:
3001+34 (1) adopt the proposed rule to establish a new water quality
3002+35 standard amending the designated use to allow for a CSO wet
3003+36 weather limited use subcategory;
3004+37 (2) adopt the proposed rule with amendments;
3005+38 (3) reject the proposed rule; or
3006+39 (4) determine to reconsider the proposed rule at a subsequent
3007+40 board meeting.
3008+41 (g) If the board adopts the proposed rule with amendments under
3009+42 subsection (f)(2), the amendments must meet the substantially similar
3010+EH 1623—LS 7025/DI 125 70
3011+1 or logical outgrowth requirements of section 10 of this chapter, except
3012+2 that IC 4-22-2-29(c). The board, in determining whether the
3013+3 amendments are a logical outgrowth of comments provided to the
3014+4 board, and in considering whether the language of comments provided
3015+5 to the board fairly apprised interested persons of the specific subjects
3016+6 and issues contained in the amendments, shall consider the comments
3017+7 provided to the board at the public hearing referred to in subsection
3018+8 (d)(3).
3019+9 (h) The department shall submit a new water quality standard
3020+10 established in a rule adopted under subsection (f) to the United States
3021+11 Environmental Protection Agency for approval.
3022+12 SECTION 60. IC 13-14-9-15 IS ADDED TO THE INDIANA
3023+13 CODE AS A NEW SECTION TO READ AS FOLLOWS
3024+14 [EFFECTIVE JULY 1, 2023]: Sec. 15. Rules adopted in accordance
3025+15 with this chapter by the department of environmental management
3026+16 or a board that has rulemaking authority under this title expire as
3027+17 provided in IC 4-22-2.6.
3028+18 SECTION 61. IC 13-14-9-16 IS ADDED TO THE INDIANA
3029+19 CODE AS A NEW SECTION TO READ AS FOLLOWS
3030+20 [EFFECTIVE JULY 1, 2023]: Sec. 16. (a) For a rule document
3031+21 subject to this chapter, the one (1) year period established under
3032+22 IC 4-22-2-25 in which to adopt a rule and obtain the approval or
3033+23 deemed approval of the governor commences on the date that the
3034+24 initial comment period notice for the rule document is published in
3035+25 the Indiana Register under section 4 of this chapter.
3036+26 (b) If an agency determines that a rule cannot be adopted within
3037+27 one (1) year after the publication of the notice, the department
3038+28 shall, before two hundred fifty (250) days following the publication
3039+29 of the notice, notify the publisher by electronic means:
3040+30 (1) the reasons why the rule was not adopted and the expected
3041+31 date the rule will be completed; and
3042+32 (2) the expected date the rule will be approved or deemed
3043+33 approved by the governor or withdrawn under IC 4-22-2-41.
3044+34 (c) If a rule is not approved before the later of:
3045+35 (1) one (1) year after the department publishes the initial
3046+36 notice of intent under this chapter; or
3047+37 (2) the expected date contained in a notice concerning the rule
3048+38 that is provided to the publisher under subsection (b);
3049+39 a later approval or deemed approval is ineffective, and the rule
3050+40 may become effective only through another rulemaking action
3051+41 initiated under this chapter.
3052+42 SECTION 62. IC 13-14-9.5 IS REPEALED [EFFECTIVE JULY 1,
3053+EH 1623—LS 7025/DI 125 71
3054+1 2023]. (Expiration and Readoption of Administrative Rules).
3055+2 SECTION 63. IC 13-19-3-3, AS AMENDED BY P.L.120-2022,
3056+3 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3057+4 UPON PASSAGE]: Sec. 3. (a) As used in this section and section 3.1
3058+5 of this chapter, "coal combustion residuals" means fly ash, bottom ash,
3059+6 boiler slag, and flue gas desulfurization materials generated from
3060+7 burning coal for the purpose of generating electricity by electric
3061+8 utilities and independent power producers.
3062+9 (b) As used in The following definitions apply throughout this
3063+10 section:
3064+11 (1) "Federal CCR rule" refers to 40 CFR 257, Subpart D, the
3065+12 federal standards for the disposal of coal combustion residuals in
3066+13 landfills and surface impoundments.
3067+14 (2) "Legacy generation resource" means an electric
3068+15 generating facility that is directly or indirectly owned by a
3069+16 corporation that was originally formed for the purpose of
3070+17 providing power to the federal government for use in the
3071+18 nation's defense or in furtherance of national interests. The
3072+19 term includes the Ohio Valley Electric Corporation.
3073+20 (c) The board may shall adopt rules under section 1(a)(1) of this
3074+21 chapter concerning coal combustion residuals. The rules adopted
3075+22 under this subsection:
3076+23 (1) that are shall be consistent with the regulations of the United
3077+24 States Environmental Protection Agency concerning standards for
3078+25 the disposal of coal combustion residuals in landfills and surface
3079+26 impoundments, as set forth in the federal CCR rule;
3080+27 (2) shall not impose a restriction or requirement that is more
3081+28 stringent than the corresponding restriction or requirement
3082+29 imposed under the federal CCR rule; and
3083+30 (3) shall not impose a restriction or requirement that is not
3084+31 imposed by the federal CCR rule.
3085+32 (d) The department shall do the following:
3086+33 (1) Establish a state permit program under Section 2301 of the
3087+34 federal Water Infrastructure Improvements for the Nation Act (42
3088+35 U.S.C. 6945(d)) for the implementation in Indiana of the federal
3089+36 CCR rule.
3090+37 (2) Submit to the administrator of the United States
3091+38 Environmental Protection Agency under 42 U.S.C. 6945(d)(1)(A)
3092+39 evidence of the state permit program.
3093+40 (3) Take other necessary or appropriate actions to obtain approval
3094+41 of the state permit program.
3095+42 (e) Not later than May 15, 2021, the department shall notify the
3096+EH 1623—LS 7025/DI 125 72
3097+1 United States Environmental Protection Agency of its intention to
3098+2 establish a state permit program described in subsection (d)(1) and to
3099+3 seek approval of the state permit program under 42 U.S.C. 6945(d)(1).
3100+4 (f) Under IC 4-22-2 and IC 13-14-9:
3101+5 (1) the department shall initiate rulemaking for the establishment
3102+6 of the state permit program not more than sixty (60) days after the
3103+7 effective date of the SECTION of Senate Enrolled Act 271-2021
3104+8 amending this section; and
3105+9 (2) the board shall adopt a final rule for the establishment of the
3106+10 state permit program not more than sixteen (16) months after
3107+11 initiation of the rulemaking under subdivision (1).
3108+12 (g) The state permit program established under this section must not
3109+13 establish requirements for any surface impoundment of coal
3110+14 combustion residuals unless and until the state permit program is
3111+15 approved by the administrator of the United States Environmental
3112+16 Protection Agency under 42 U.S.C. 6945(d)(1). The authority of the
3113+17 department to establish requirements under the state permit
3114+18 program established under this section is the only authority the
3115+19 department has to establish requirements for a surface
3116+20 impoundment of coal combustion residuals located on the grounds
3117+21 of a legacy generation resource.
3118+22 (h) The definitions set forth in Section 257.53 of the federal CCR
3119+23 rule, as in effect January 1, 2021, apply throughout subsection (i).
3120+24 (i) The department shall charge the following fees under the state
3121+25 permit program established under this section:
3122+26 (1) An initial one (1) time permit fee of twenty thousand five
3123+27 hundred dollars ($20,500) for each surface impoundment of coal
3124+28 combustion residuals regulated under the state permit program.
3125+29 (2) An annual fee of twenty thousand five hundred dollars
3126+30 ($20,500) for each surface impoundment of coal combustion
3127+31 residuals regulated under the state permit program that has not
3128+32 completed closure in accordance with Section 257.102 of the
3129+33 federal CCR rule. The duty to pay the fee established by this
3130+34 subdivision does not apply on an annual basis until three hundred
3131+35 sixty-five (365) days after the initial one (1) time permit fee
3132+36 established by subdivision (1) has been assessed.
3133+37 (3) An annual fee of ten thousand dollars ($10,000) for each
3134+38 surface impoundment of coal combustion residuals regulated
3135+39 under the state permit program that has been closed and for which
3136+40 post-closure care has been initiated and is still required in
3137+41 accordance with Section 257.104 of the federal CCR rule. The
3138+42 duty to pay the fee established by this subdivision does not apply
3139+EH 1623—LS 7025/DI 125 73
3140+1 on an annual basis until three hundred sixty-five (365) days after
3141+2 the initial one (1) time permit fee established by subdivision (1)
3142+3 has been assessed.
3143+4 Fees collected under this subsection shall be deposited in the CCR
3144+5 program fund established by section 3.2 of this chapter.
3145+6 (j) Not later than July 1, 2027, and before the end of each
3146+7 succeeding period of five (5) years, the board shall review the:
3147+8 (1) costs to the department of operating the state permit program
3148+9 established under this section; and
3149+10 (2) revenue from the fees charged under subsection (i);
3150+11 as provided in IC 13-16-1-4. If the board determines that the revenue
3151+12 described in subdivision (2) is inadequate or excessive in relation to the
3152+13 costs described in subdivision (1), the board shall, under IC 13-16-1-2,
3153+14 change the amount of one (1) or more of the fees established under
3154+15 subsection (i).
3155+16 (k) Upon the effective date that the board adopts rules to implement
3156+17 the federal CCR rule and subject to subsection (i), annual fees for CCR
3157+18 landfills that were previously regulated as restricted waste sites shall
3158+19 be deposited in the CCR program fund established by section 3.2 of
3159+20 this chapter.
3160+21 SECTION 64. IC 14-10-2-5, AS AMENDED BY P.L.164-2020,
3161+22 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3162+23 JULY 1, 2023]: Sec. 5. (a) The department may adopt emergency rules
3163+24 under IC 4-22-2-37.1 IC 4-22-2 to carry out the duties of the
3164+25 department under the following:
3165+26 (1) IC 14-9.
3166+27 (2) This article.
3167+28 (3) IC 14-11.
3168+29 (4) IC 14-12-2.
3169+30 (5) IC 14-14.
3170+31 (6) IC 14-15.
3171+32 (7) IC 14-17-3.
3172+33 (8) IC 14-18, except IC 14-18-6 and IC 14-18-8.
3173+34 (9) IC 14-19-1 and IC 14-19-8.
3174+35 (10) IC 14-21.
3175+36 (11) IC 14-22-3, IC 14-22-4, and IC 14-22-5.
3176+37 (12) IC 14-23-1.
3177+38 (13) IC 14-24.
3178+39 (14) IC 14-25, except IC 14-25-8-3 and IC 14-25-13.
3179+40 (15) IC 14-26.
3180+41 (16) IC 14-27.
3181+42 (17) IC 14-28.
3182+EH 1623—LS 7025/DI 125 74
3183+1 (18) IC 14-29.
3184+2 (19) IC 14-35-1, IC 14-35-2, and IC 14-35-3.
3185+3 (20) IC 14-37.
3186+4 (21) IC 14-38, except IC 14-38-3.
3187+5 (b) A An emergency rule adopted under subsection (a) (as effective
3188+6 before July 1, 2023) expires not later than one (1) year after the rule
3189+7 is accepted for filing by the publisher of the Indiana Register.
3190+8 (c) A person who violates:
3191+9 (1) an emergency rule adopted by the department under
3192+10 IC 4-22-2-37.1 before July 1, 2023; or
3193+11 (2) an interim rule adopted by the department under
3194+12 IC 4-22-2-37.2 after June 30, 2023;
3195+13 to carry out a provision described in subsection (a) commits a Class
3196+14 C infraction, unless otherwise specified under state law.
3197+15 SECTION 65. IC 15-16-4-0.3 IS ADDED TO THE INDIANA
3198+16 CODE AS A NEW SECTION TO READ AS FOLLOWS
3199+17 [EFFECTIVE JULY 1, 2023]: Sec. 0.3. The definitions in IC 15-16-5
3200+18 apply throughout this chapter.
3201+19 SECTION 66. IC 15-16-4-15.5 IS ADDED TO THE INDIANA
3202+20 CODE AS A NEW SECTION TO READ AS FOLLOWS
3203+21 [EFFECTIVE JULY 1, 2023]: Sec. 15.5. As used in this chapter,
3204+22 "general use pesticide" means a pesticide that is not a restricted
3205+23 use pesticide or a pesticide for use by prescription only.
3206+24 SECTION 67. IC 15-16-4-31, AS ADDED BY P.L.2-2008,
3207+25 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3208+26 JULY 1, 2023]: Sec. 31. As used in this chapter, "pesticide for use by
3209+27 prescription only" means any pesticide that:
3210+28 (1) the board has found to be more hazardous than a restricted use
3211+29 pesticide so that any specific use and application must be
3212+30 determined and prescribed by a qualified pest management
3213+31 specialist approved by the state chemist; and
3214+32 (2) is designated as a pesticide for use by prescription only in
3215+33 a rule of the board or a law enacted by the general assembly.
3216+34 SECTION 68. IC 15-16-4-37, AS ADDED BY P.L.2-2008,
3217+35 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3218+36 JULY 1, 2023]: Sec. 37. As used in this chapter, "restricted use
3219+37 pesticide" means the following:
3220+38 (1) Any pesticide classified as a restricted use pesticide by the
3221+39 administrator of the United States Environmental Protection
3222+40 Agency or (as of March 31, 2023).
3223+41 (2) A pesticide designated as a pesticide in a law enacted by
3224+42 the general assembly.
3225+EH 1623—LS 7025/DI 125 75
3226+1 (2) (3) Subject to section 50 of this chapter, a pesticide that the
3227+2 board has determined to be unduly hazardous to persons, animals,
3228+3 plants, wildlife, waters, or lands other than the pests it is intended
3229+4 to prevent, destroy, control, or mitigate.
3230+5 (4) All formulations containing methomyl (Chemical
3231+6 Abstracts Service Reg. No. 16752-77-5).
3232+7 (5) Any dicamba containing pesticide product that:
3233+8 (A) contains a dicamba active ingredient concentration
3234+9 greater than or equal to six and one-half percent (6.5%);
3235+10 and
3236+11 (B) is intended for agricultural production uses but is not
3237+12 labeled solely for use on turf or other nonagricultural use
3238+13 sites.
3239+14 SECTION 69. IC 15-16-4-50, AS AMENDED BY P.L.99-2012,
3240+15 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3241+16 JULY 1, 2023]: Sec. 50. (a) The board may adopt rules under IC 4-22-2
3242+17 to do the following:
3243+18 (1) Establish a list of recommend to the general assembly the
3244+19 addition, deletion, or reclassification of pesticides by
3245+20 submitting in an electronic format under IC 5-14-6 a report
3246+21 of the recommendations to the legislative council. In making
3247+22 a determination to add or reclassify a pesticide as a restricted
3248+23 use pesticides and pesticide or pesticides pesticide for use by
3249+24 prescription only for all of Indiana or designated areas within
3250+25 Indiana, if the board finds must find that the characteristics of a
3251+26 pesticide require that rules restricting the:
3252+27 (A) (1) sale;
3253+28 (B) (2) distribution; or
3254+29 (C) (3) use;
3255+30 of the pesticide by any person are necessary to prevent undue hazards
3256+31 to persons, animals, wildlife, lands, or waters, other than the pests that
3257+32 they are intended to prevent, destroy, control, or mitigate. After
3258+33 considering the factors enumerated in this subsection, the board
3259+34 shall make findings and recommendations concerning the control
3260+35 of the substance if it finds the substance. If any substance is
3261+36 designated or reclassified to a more restrictive schedule as a
3262+37 pesticide under federal law and notice is given to the board, the
3263+38 board shall recommend similar control of the substance under this
3264+39 article in the board's report to the general assembly, unless the
3265+40 board objects to inclusion or rescheduling. In that case, the board
3266+41 shall publish the reasons for objection and afford all interested
3267+42 parties an opportunity to be heard. At the conclusion of the
3268+EH 1623—LS 7025/DI 125 76
3269+1 hearing, the board shall publish its findings in the Indiana
3270+2 Register.
3271+3 (b) The board may adopt rules under IC 4-22-2 to do the
3272+4 following:
3273+5 (1) Reclassify a pesticide:
3274+6 (A) from a more restrictive classification to a less
3275+7 restrictive classification; or
3276+8 (B) as a substance that is not a pesticide;
3277+9 if the board finds that the substance qualifies for
3278+10 reclassification under this chapter and that the same
3279+11 reclassification has been made in a classification under federal
3280+12 law. If the board reclassifies a substance under this
3281+13 subdivision, the board shall recommend the same
3282+14 reclassification to the general assembly under subsection (a).
3283+15 If the board objects to rescheduling or deletion of the
3284+16 substance, the board shall notify the chair of the legislative
3285+17 council not more than thirty (30) days after the federal law is
3286+18 changed and the substance may not be reclassified or deleted
3287+19 until the conclusion of the next complete session of the general
3288+20 assembly. The notice from the board to the chair of the
3289+21 legislative council must be published in the Indiana Register.
3290+22 Notwithstanding a provision in this chapter that classifies a
3291+23 pesticide in a more restrictive classification than a rule
3292+24 adopted under this subdivision, a person who manufactures,
3293+25 distributes, dispenses, possesses, or uses a pesticide in
3294+26 compliance with the requirements applicable to the less
3295+27 restrictive classification to which the pesticide is reclassified
3296+28 under this subdivision does not commit a violation of law.
3297+29 Notwithstanding a provision in this chapter that classifies a
3298+30 substance as a pesticide, a person does not commit a violation
3299+31 of law if the board has reclassified the pesticide as a substance
3300+32 that is not a pesticide.
3301+33 (2) Provide for the safe:
3302+34 (A) handling;
3303+35 (B) transportation;
3304+36 (C) storage;
3305+37 (D) display;
3306+38 (E) distribution;
3307+39 (F) disposal; and
3308+40 (G) production;
3309+41 of pesticide products and pesticide containers.
3310+42 (3) Restrict or prohibit the use of certain types of containers or
3311+EH 1623—LS 7025/DI 125 77
3312+1 packages for specific pesticides. The restrictions may apply to the:
3313+2 (A) type of construction;
3314+3 (B) strength; or
3315+4 (C) size;
3316+5 to alleviate danger of spillage, breakage, or misuse.
3317+6 (b) The board may adopt by reference the restricted use
3318+7 classification of a pesticide that is maintained by the United States
3319+8 Environmental Protection Agency.
3320+9 (c) The board may adopt rules under IC 4-22-2 to do the following:
3321+10 (1) Determine the time and conditions of the:
3322+11 (A) sale;
3323+12 (B) distribution; or
3324+13 (C) use;
3325+14 of pesticide products.
3326+15 (2) Require that any or all pesticide products be purchased,
3327+16 possessed, or used only under:
3328+17 (A) permit;
3329+18 (B) certificate;
3330+19 (C) license; or
3331+20 (D) registration;
3332+21 of the state chemist or under certain conditions or in certain
3333+22 quantities or concentrations.
3334+23 (3) Require all persons issued:
3335+24 (A) permits;
3336+25 (B) certificates;
3337+26 (C) licenses; or
3338+27 (D) registrations;
3339+28 under this subsection to maintain records as to the use of the
3340+29 pesticide products.
3341+30 (d) A rule adopted under this chapter that becomes effective
3342+31 after June 30, 2023, may not impose a restriction or requirement
3343+32 more stringent than a restriction or requirement imposed under
3344+33 federal law unless the restriction or requirement is specifically
3345+34 authorized by Indiana law.
3346+35 (e) The state chemist shall maintain a list of each class of
3347+36 pesticides adopted by Indiana law or board rule on the website for
3348+37 the state chemist. Failure to include a pesticide on the list does not
3349+38 exempt a person from compliance with a law or rule for a pesticide
3350+39 designated by law or rule.
3351+40 SECTION 70. IC 15-16-4-52, AS ADDED BY P.L.2-2008,
3352+41 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3353+42 JULY 1, 2023]: Sec. 52. The state chemist may adopt rules under
3354+EH 1623—LS 7025/DI 125 78
3355+1 IC 4-22-2 to administer this chapter, including rules providing for the
3356+2 following:
3357+3 (1) The collection and examination of samples of pesticide
3358+4 products.
3359+5 (2) Determining whether a pesticide product is highly toxic to
3360+6 humans or wildlife.
3361+7 (3) The issuance of permits to purchase, possess, or use
3362+8 "restricted use pesticides" and "pesticides for use by prescription
3363+9 only".
3364+10 (4) Determining standards of coloring or discoloring for pesticide
3365+11 products and to subject pesticide products to the requirements of
3366+12 section 57 of this chapter.
3367+13 A rule described in this section that becomes effective after June
3368+14 30, 2023, may not impose a restriction or requirement concerning
3369+15 pesticides more stringent than a restriction or requirement
3370+16 imposed under federal law unless the restriction or requirement is
3371+17 specifically authorized by Indiana law.
3372+18 SECTION 71. IC 15-16-4-52.5 IS ADDED TO THE INDIANA
3373+19 CODE AS A NEW SECTION TO READ AS FOLLOWS
3374+20 [EFFECTIVE JULY 1, 2023]: Sec. 52.5. (a) Neither the board nor
3375+21 the state chemist may by rule or otherwise impose a requirement
3376+22 or limitation on the storage, distribution, use, application, or
3377+23 record keeping of a general use pesticide by:
3378+24 (1) a certified applicator;
3379+25 (2) a commercial applicator;
3380+26 (3) a licensed applicator for hire;
3381+27 (4) a licensed applicator not for hire;
3382+28 (5) a licensed pesticide business;
3383+29 (6) a licensed public applicator; or
3384+30 (7) a private applicator;
3385+31 that is more stringent than the requirements and limitations
3386+32 applicable under federal law, federal regulations, or Indiana
3387+33 statutory law to the general use pesticide or a pesticide product
3388+34 containing a general use pesticide and no restricted use pesticide or
3389+35 pesticide for use by prescription only.
3390+36 (b) A rule or other requirement or limitation of the board in
3391+37 effect on June 30, 2023, that does not comply with this section is
3392+38 voided on July 1, 2023, to the extent it conflicts with this section.
3393+39 SECTION 72. IC 15-16-4-57, AS AMENDED BY P.L.99-2012,
3394+40 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3395+41 JULY 1, 2023]: Sec. 57. Except as provided in section 58 of this
3396+42 chapter, a person may not produce, distribute, display, sell, or offer for
3397+EH 1623—LS 7025/DI 125 79
3398+1 sale within Indiana or deliver for transportation or transport in
3399+2 intrastate commerce or between points within Indiana through any
3400+3 point outside Indiana any of the following:
3401+4 (1) Any pesticide product that has not been registered under
3402+5 section 61 of this chapter.
3403+6 (2) Any pesticide product if any of the claims made for it or any
3404+7 of the directions for its use differ in substance from the
3405+8 representations made in connection with its registration.
3406+9 (3) A pesticide product if the composition of the product differs
3407+10 from the composition as represented in connection with its
3408+11 registration. However, at the discretion of the state chemist, a
3409+12 change in the labeling or formula of a pesticide may be made
3410+13 within a registration period without requiring reregistration of the
3411+14 product.
3412+15 (4) Any pesticide product (except a bulk pesticide or a pesticide
3413+16 in a container designed and constructed to accommodate the
3414+17 return and refill of the container) unless it is in the registrant's or
3415+18 the manufacturer's unbroken immediate container, and there is
3416+19 affixed to that container, and to any outside container or wrapper
3417+20 of the retail package through which the required information on
3418+21 the immediate container cannot be clearly read, a label bearing:
3419+22 (A) the name and address of the manufacturer, registrant, or
3420+23 person for whom manufactured;
3421+24 (B) the name, brand, or trademark under which the pesticide
3422+25 product is sold; and
3423+26 (C) the net weight or measure of the content, subject, however,
3424+27 to reasonable variations as the state chemist may permit.
3425+28 (5) Any pesticide product that is adulterated or misbranded.
3426+29 (6) Any pesticide product in containers violating rules adopted
3427+30 under section 50(a)(3) 50(b)(3) of this chapter. Pesticides found
3428+31 in containers that are unsafe due to damage may be seized and
3429+32 impounded.
3430+33 (7) A highly volatile herbicide except on written permission by
3431+34 the state chemist.
3432+35 (8) Any bulk pesticide unless it is accompanied in all transfers of
3433+36 custody or ownership by or held in storage vessels to which is
3434+37 affixed a label bearing the information specified in subdivision
3435+38 (4).
3436+39 (9) Any pesticide that violates the Federal Insecticide, Fungicide,
3437+40 and Rodenticide Act (7 U.S.C. 136 et seq.) or regulations adopted
3438+41 under the Act.
3439+42 SECTION 73. IC 15-16-5-72 IS ADDED TO THE INDIANA
3440+EH 1623—LS 7025/DI 125 80
3441+1 CODE AS A NEW SECTION TO READ AS FOLLOWS
3442+2 [EFFECTIVE JULY 1, 2023]: Sec. 72. A rule adopted under this
3443+3 chapter that becomes effective after June 30, 2023, may not impose
3444+4 a restriction or requirement concerning pesticides more stringent
3445+5 than a restriction or requirement imposed under federal law unless
3446+6 the restriction or requirement is specifically authorized by Indiana
3447+7 law.
3448+8 SECTION 74. IC 25-1-5.3 IS ADDED TO THE INDIANA CODE
3449+9 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3450+10 JULY 1, 2023]:
3451+11 Chapter 5.3. Failure to Enact Licensure Rules
3452+12 Sec. 1. The following definitions apply throughout this chapter:
3453+13 (1) "Agency" has the meaning set forth in IC 25-1-5-2.
3454+14 (2) "Applicant" has the meaning set forth in IC 25-1-5-11.
3455+15 (3) "Board" has the meaning set forth in IC 25-1-5-2.
3456+16 (4) "Compliant", with respect to a licensure rule, means a
3457+17 licensure rule that the agency or a board has adopted.
3458+18 (5) "Enactment date" means the date on which a statute
3459+19 requires rulemaking for a licensure rule to become effective
3460+20 or otherwise requires rulemaking to commence.
3461+21 (6) "Executive director" refers to the individual described in
3462+22 IC 25-1-5-5.
3463+23 (7) "Licensee" has the meaning set forth in IC 25-1-5-11.
3464+24 (8) "Licensure rule" means a rule that:
3465+25 (A) relates to the issuance of a license, certificate,
3466+26 registration, or permit, or a requirement or prerequisite
3467+27 for obtaining a license, or keeping a license in good
3468+28 standing; and
3469+29 (B) is required by statute with an enactment date after
3470+30 January 1, 2023, to be adopted by the agency or a board.
3471+31 (9) "Material detriment" means:
3472+32 (A) an inability to obtain a license, certification, permit, or
3473+33 other credential from the agency or a board;
3474+34 (B) an inability to:
3475+35 (i) practice;
3476+36 (ii) perform a procedure; or
3477+37 (iii) engage in a particular professional activity in
3478+38 Indiana or another jurisdiction; or
3479+39 (C) any other substantial burden to professional or
3480+40 business interests.
3481+41 (10) "Noncompliant", with respect to a licensure rule, means
3482+42 a licensure rule that the agency or a board has not adopted as
3483+EH 1623—LS 7025/DI 125 81
3484+1 an interim rule under IC 4-22-2-37.2 within six (6) months of
3485+2 the enactment date.
3486+3 Sec. 2. (a) If a licensee or applicant believes that the agency or
3487+4 a board has failed to adopt a licensure rule within six (6) months of
3488+5 the enactment date, an applicant or licensee who has suffered a
3489+6 material detriment as a result of a noncompliant licensure rule
3490+7 may seek damages from the agency or board by bringing an action
3491+8 in a court of competent jurisdiction.
3492+9 (b) A court shall not certify a class in any matter seeking
3493+10 damages under this section.
3494+11 (c) In a matter seeking damages under this section, a court may
3495+12 order the following:
3496+13 (1) An injunction requiring adoption of a compliant interim
3497+14 licensure rule not earlier than six (6) months from the date of
3498+15 the order.
3499+16 (2) Damages equal to the amount of the material detriment
3500+17 caused by the noncompliant licensure rule, including
3501+18 prospective damages through the date established under
3502+19 subdivision (1).
3503+20 (3) Court costs and attorney's fees.
3504+21 (d) IC 34-13-3 applies to an action brought under this section.
3505+22 SECTION 75. IC 27-1-44.5-11, AS ADDED BY P.L.195-2021,
3506+23 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3507+24 JULY 1, 2023]: Sec. 11. (a) The department shall adopt emergency
3508+25 rules under IC 4-22-2-37.1 IC 4-22-2 to implement this chapter. The
3509+26 rules must include a requirement that health payer data sources submit
3510+27 necessary information to the administrator. Rules enacted under this
3511+28 subsection must cover all health payer data sources as follows:
3512+29 (1) The department shall adopt rules that apply to health payers
3513+30 regulated under IC 27.
3514+31 (2) The office of the secretary of family and social services shall
3515+32 adopt rules that apply to health payers regulated under IC 12.
3516+33 (b) The department shall adopt emergency provisional rules under
3517+34 IC 4-22-2-37.1 establishing a fee formula for data licensing and the
3518+35 collection and release of claims data.
3519+36 (c) The department may impose a civil penalty on a health payer
3520+37 that is required to submit information under this chapter and fails to
3521+38 comply. A civil penalty collected under this section must be deposited
3522+39 in the department of insurance fund created by IC 27-1-3-28.
3523+40 SECTION 76. IC 34-52-2-1.5 IS ADDED TO THE INDIANA
3524+41 CODE AS A NEW SECTION TO READ AS FOLLOWS
3525+42 [EFFECTIVE JULY 1, 2023]: Sec. 1.5. (a) In a proceeding under
3526+EH 1623—LS 7025/DI 125 82
3527+1 IC 4-21.5-5 to judicially review a final order made by a state
3528+2 agency, the court shall apply the same standard as an
3529+3 administrative law judge under IC 4-21.5-3-27.5 regarding an
3530+4 order for the payment of attorney's fees.
3531+5 (b) An order for the payment of attorney's fees under this
3532+6 section is not subject to sections 2 and 4 of this chapter.
3533+7 SECTION 77. [EFFECTIVE UPON PASSAGE] (a) After June 30,
3534+8 2023, a rule may be adopted as a provisional rule only for the
3535+9 purposes and through the procedures in IC 4-22-2-37.1 (as effective
3536+10 after June 30, 2023). Any additional authority in a statute outside
3537+11 IC 4-22 to adopt rules through the emergency rulemaking
3538+12 procedures in IC 4-22-2-37.1 (as effective before July 1, 2023, or
3539+13 after June 30, 2023) is void. The code revision commission shall
3540+14 provide in calendar year 2023 for the preparation of a bill for
3541+15 introduction in the 2024 regular session of the general assembly
3542+16 that removes language outside IC 4-22 permitting the adoption of
3543+17 emergency rules.
3544+18 (b) This SECTION expires January 1, 2024.
3545+19 SECTION 78. An emergency is declared for this act.
3546+EH 1623—LS 7025/DI 125 83
3547+COMMITTEE REPORT
3548+Mr. Speaker: Your Committee on Government and Regulatory
3549+Reform, to which was referred House Bill 1623, has had the same
3550+under consideration and begs leave to report the same back to the
3551+House with the recommendation that said bill be amended as follows:
3552+Page 3, between lines 35 and 36, begin a new paragraph and insert:
3553+"SECTION 4. IC 4-22-2-0.1, AS AMENDED BY P.L.53-2014,
3554+SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3555+JULY 1, 2023]: Sec. 0.1. (a) The amendments made to this chapter by
3556+P.L.44-1995 apply as follows:
3557+(1) The amendments made to sections 13, 19, 23, 25, and 28 of
3558+this chapter apply to a rulemaking action that commences after
3559+June 30, 1995.
3560+(2) The addition of sections 23.1 and 46 (repealed) of this chapter
3561+applies to a rulemaking action that commences after June 30,
3562+1995.
3563+(b) This chapter (as effective January 1, 2023) continues to
3564+apply after June 30, 2023, to a rulemaking action that is
3565+commenced under this chapter before July 1, 2023, and is pending
3566+on July 1, 2023.".
3567+Page 4, line 36, delete "or 37.2" and insert "37.2, or 37.3".
3568+Page 4, line 40, delete "or 37.2" and insert "37.2, or 37.3".
3569+Page 5, line 14, after "17.5." insert "(a)".
3570+Page 5, between lines 19 and 20, begin a new paragraph and insert:
3571+"(b) If requested in the manner specified by the legislative
3572+council or the personnel subcommittee of the legislative council
3573+acting for the legislative council, an agency shall provide to the
3574+legislative services agency any data, studies, or analyses relied on
3575+by the agency to develop a regulatory analysis or a revised
3576+regulatory analysis. The agency shall comply with any policies
3577+adopted by the legislative council or the personnel subcommittee
3578+of the legislative council governing the format, timing, and manner
3579+of delivery of the data, studies, or analyses.".
3580+Page 7, line 5, after "or section" insert "37.2 or".
3581+Page 7, line 11, delete "the first" and insert "a".
3582+Page 7, line 12, delete "23" and insert "23, 37.2,".
3583+Page 7, line 32, reset in roman "or".
3584+Page 7, line 33, delete "or".
3585+Page 7, delete line 34.
3586+Page 8, line 29, delete "analysis, including supporting" and insert
3587+"analysis".
3588+EH 1623—LS 7025/DI 125 84
3589+Page 8, line 30, delete "data,".
3590+Page 9, line 42, after "chapter," insert "if".
3591+Page 10, line 1, delete "may" and insert "elects to adopt a rule
3592+subject to section 23 of this chapter or IC 13-14-9, the agency
3593+shall".
3594+Page 11, line 4, after "budget" insert "a revised regulatory analysis
3595+with".
3596+Page 11, line 28, delete "analysis, including" and insert "analysis".
3597+Page 11, line 29, delete "supporting data and studies,".
3598+Page 14, line 35, delete "(including any".
3599+Page 14, delete line 36.
3600+Page 14, line 37, delete "referenced in the regulatory analysis)".
3601+Page 15, line 23, after "A" insert "summary of the written
3602+comments received by the agency during the first comment period
3603+and a".
3604+Page 17, line 3, strike "of".
3605+Page 17, line 3, reset in roman "in the Indiana Register".
3606+Page 17, line 5, after "chapter" insert "of".
3607+Page 17, between lines 28 and 29, begin a new paragraph and insert:
3608+"SECTION 18. IC 4-22-2-27 IS AMENDED TO READ AS
3609+FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 27. The individual or
3610+group of individuals who will finally adopt the rule under section 29 of
3611+this chapter shall fully consider written comments received by the
3612+agency during each comment period and comments received at the
3613+public hearing required by section 26 of this chapter and may consider
3614+any other information before adopting the rule. Attendance at the
3615+public hearing or review of a written record or summary of the public
3616+hearing is sufficient to constitute full consideration.
3617+SECTION 19. IC 4-22-2-27.5 IS ADDED TO THE INDIANA
3618+CODE AS A NEW SECTION TO READ AS FOLLOWS
3619+[EFFECTIVE JULY 1, 2023]: Sec. 27.5. In addition to the
3620+information submitted to the attorney general under section 31 of
3621+this chapter, to the governor under section 33 of this chapter, and
3622+to the publisher under section 35 of this chapter, an agency shall
3623+submit to the attorney general, the governor, and the publisher a
3624+summary of the comments received by the agency during each
3625+comment period and public hearing under sections 23, 24, and 26
3626+of this chapter or IC 13-14-9 and a summary of the response of the
3627+agency to the comments. The publisher shall publish the
3628+summaries with the final adopted and approved rule.".
3629+Page 26, line 7, delete "the approval of" and insert "a
3630+determination from".
3631+EH 1623—LS 7025/DI 125 85
3632+Page 28, between lines 25 and 26, begin a new line blocked left and
3633+insert:
3634+"A notice of objection to an emergency rule by the attorney general
3635+must include findings that explain the basis for the determination.
3636+The notice of objection shall be provided to the agency in an
3637+electronic format.".
3638+Page 28, line 42, after "authority" insert "with a single comment
3639+period of at least thirty (30) days in length".
3640+Page 29, line 19, delete "the approval of" and insert "a
3641+determination from".
3642+Page 29, delete lines 29 through 36, begin a new paragraph and
3643+insert:
3644+"(c) An agency shall notify the public of its intention to adopt an
3645+interim rule by complying with the publication requirements in
3646+this section. The agency shall cause a notice of a public comment
3647+period and the full text of the agency's proposed interim rule
3648+(excluding the full text of a matter incorporated by reference under
3649+section 21 of this chapter) to be published once in the Indiana
3650+Register. The publisher shall review materials submitted under this
3651+section and determine the date that the publisher intends to include
3652+the material in the Indiana Register. After establishing the
3653+intended publication date and receiving the public comment period
3654+information from the agency, the publisher shall provide a written
3655+or an electronic mail authorization to proceed to the agency.
3656+(d) The agency shall include the following in the notice of the
3657+public comment period:
3658+(1) A general description of the subject matter of the proposed
3659+interim rule, including the document control number.
3660+(2) A statement justifying any requirement or cost that is:
3661+(A) imposed on a regulated entity under the interim rule;
3662+and
3663+(B) not expressly required by the statute authorizing the
3664+agency to adopt rules or any other state or federal law.
3665+The statement required under this subdivision must include
3666+a reference to any data, studies, or analyses relied upon by the
3667+agency in determining that the imposition of the requirement
3668+or cost is necessary and where and how a person may inspect
3669+and copy or electronically download the data, studies, or
3670+analyses.
3671+(3) A date that is thirty (30) days after the notice is published
3672+in the Indiana Register by which written comments are due
3673+and a statement explaining that any person may submit
3674+EH 1623—LS 7025/DI 125 86
3675+written comments concerning the proposed expedited rule
3676+during the public comment period and instructions on when,
3677+where, and how the person may submit written comments.
3678+However, inadequacy or insufficiency of the subject matter
3679+description under subdivision (1) or a statement of justification
3680+under subdivision (2) in a notice does not invalidate a rulemaking
3681+action. An agency may continue the comment period by publishing
3682+a subsequent notice in the Indiana Register extending the comment
3683+period.
3684+(e) Before adopting the interim rule, the agency shall prepare a
3685+written response to comments received by the agency, including the
3686+reasons for rejecting any recommendations made in the comments.
3687+(f) After an agency has completed the initial public comment
3688+period of at least thirty (30) days in length and complied with
3689+subsection (e), the agency may:
3690+(1) adopt a rule that is identical to a proposed interim rule
3691+published in the Indiana Register under this section; or
3692+(2) adopt a revised version of a proposed interim rule
3693+published under this section and include provisions that did
3694+not appear in the initially published proposed version.
3695+An agency may not adopt an interim rule that substantially differs
3696+from the version of the proposed interim rule published in the
3697+Indiana Register under this section, unless it is a logical outgrowth
3698+of any proposed interim rule as supported by any written
3699+comments submitted during the public comment period.
3700+(g) After the agency adopts the interim rule, the agency shall
3701+submit the following to the publisher for filing:".
3702+Page 29, between lines 39 and 40, begin a new line block indented
3703+and insert:
3704+"(2) A summary of the comments received by the agency
3705+during the comment period and the agency's response to the
3706+comments.".
3707+Page 29, line 40, delete "(2)" and insert "(3)".
3708+Page 30, line 1, delete "(3)" and insert "(4)".
3709+Page 30, line 3, delete "(4)" and insert "(5)".
3710+Page 30, line 5, delete "The".
3711+Page 30, delete lines 6 through 7.
3712+Page 30, line 8, delete "governor.".
3713+Page 30, line 10, delete "(e)" and insert "(h)".
3714+Page 30, line 10, delete "(d)" and insert "(g)".
3715+Page 30, line 17, delete "(f)" and insert "(i)".
3716+Page 30, line 22, delete "(e)." and insert "(h).".
3717+EH 1623—LS 7025/DI 125 87
3718+Page 30, delete lines 30 through 38, begin a new paragraph and
3719+insert:
3720+"(j) An agency may amend an interim rule with another interim
3721+rule by following the procedures in this section for adoption of an
3722+interim rule. An interim rule and all subsequent rules on the same
3723+subject adopted under section 37.1 or 37.3 of this chapter or this
3724+section expire not later than four hundred twenty-five (425) days
3725+after the initial interim rule is accepted for filing under subsection
3726+(h). The interim rule, including all subsequent interim rules
3727+adopted under section 37.1 or 37.3 of this chapter or this section on
3728+the same subject, may not be subsequently extended under section
3729+37.1 or 37.3 of this chapter or this section after four hundred
3730+twenty-five (425) days.".
3731+Page 30, line 39, delete "(h)" and insert "(k)".
3732+Page 30, line 39, delete "(i)," and insert "(l),".
3733+Page 31, line 1, delete "(e)." and insert "(h).".
3734+Page 31, line 7, delete "(i)" and insert "(l)".
3735+Page 31, line 8, delete "emergency" and insert "interim".
3736+Page 31, line 8, delete "(h)" and insert "(k)".
3737+Page 31, line 9, delete "emergency" and insert "interim".
3738+Page 31, between lines 11 and 12, begin a new line blocked left and
3739+insert:
3740+"A notice of objection to an interim rule by the attorney general
3741+must include findings that explain the basis for the determination.
3742+The notice of objection shall be provided to the agency in an
3743+electronic format.".
3744+Page 31, line 19, delete "on a subject for which the" and insert
3745+"described in IC 4-22-2.3".
3746+Page 31, line 20, delete "agency has rulemaking authority".
3747+Page 31, line 24, delete "is:" and insert "is appropriate for a rule
3748+described in IC 4-22-2.3.".
3749+Page 31, delete lines 25 through 29.
3750+Page 31, line 30, delete "the approval of" and insert "a
3751+determination from".
3752+Page 31, line 31, delete "office of management and budget" and
3753+insert "governor".
3754+Page 31, line 34, delete "office of management and budget" and
3755+insert "governor".
3756+Page 31, line 35, delete "office of management and budget." and
3757+insert "governor.".
3758+Page 31, line 36, delete "office of management and budget" and
3759+insert "governor".
3760+EH 1623—LS 7025/DI 125 88
3761+Page 32, line 26, after "A" insert "date that is thirty (30) days after
3762+the notice is published in the Indiana Register by which written
3763+comments are due and a".
3764+Page 32, line 33, after "action." insert "An agency may continue
3765+the comment period by publishing a subsequent notice in the
3766+Indiana Register extending the comment period.".
3767+Page 32, line 38, delete "a public comment period of" and insert
3768+"the comment period under this section".
3769+Page 32, line 39, delete "at least thirty (30) days in length".
3770+Page 33, line 24, after "subsection." insert "The substantive text of
3771+the adopted expedited rule must be substantially similar to the text
3772+of the proposed expedited rule submitted to the governor. An
3773+expedited rule may suspend but not repeal a rule approved by the
3774+governor under section 34 of this chapter.".
3775+Page 34, line 4, delete "expires:" and insert "expires as provided in
3776+IC 4-22-2.3. An agency may continue an expedited rule for an
3777+additional period after it would otherwise expire only as permitted
3778+in IC 4-22-2.3.".
3779+Page 34, delete lines 5 through 8.
3780+Page 34, line 20, delete "emergency" and insert "expedited".
3781+Page 34, line 21, delete "emergency" and insert "expedited".
3782+Page 34, between lines 23 and 24, begin a new line blocked left and
3783+insert:
3784+"A notice of objection to an expedited rule by the attorney general
3785+must include findings that explain the basis for the determination.
3786+The notice of objection shall be provided to the agency in an
3787+electronic format.".
3788+Page 40, line 7, delete "section sets" and insert "subsection and
3789+subsection (b) set".
3790+Page 41, line 17, after "IC 4-22-2-37.3." insert "An expedited rule
3791+described in this section may not be continued in another expedited
3792+rule after the expiration of the initial expedited rule.".
3793+Page 41, line 23, after "Register." insert "An expedited rule
3794+described in this section may be continued in another expedited
3795+rule only if the governor determines under IC 4-22-2-37.3(b) that
3796+the policy options available to the agency are so limited that use of
3797+the additional notice, comment, and review procedures in
3798+IC 4-22-2-23 through IC 4-22-2-36 would provide no benefit to
3799+persons regulated or otherwise affected by the rule.".
3800+Page 41, line 30, after "Register." insert "An expedited rule
3801+described in this section may not be continued in another expedited
3802+rule after the expiration of the initial expedited rule.".
3803+EH 1623—LS 7025/DI 125 89
3804+Page 41, line 35, after "Register." insert "An expedited rule
3805+described in this section may not be continued in another expedited
3806+rule after the expiration of the initial expedited rule.".
3807+Page 42, line 12, delete "that" and insert "after".
3808+Page 42, line 15, after "under" insert "IC 24-4.4-1-101 (licensing
3809+system for creditors and mortgage loan originators) or".
3810+Page 42, between lines 19 and 20, begin a new paragraph and insert:
3811+"(c) The department of financial institutions shall adopt rules
3812+under IC 4-22-2-37.3 in the same manner provided in subsection
3813+(a) for the adjustments required under IC 24-9-2-8 concerning high
3814+cost home loans. The rule expires not later than January 1 of the
3815+next odd-numbered year after the department of financial
3816+institutions is required to issue the rule.
3817+(d) The department of financial institutions may adopt rules
3818+described in 34-55-10-2 (bankruptcy exemptions; limitations) and
3819+IC 34-55-10-2.5 in conformity with the procedures in IC 4-22-2-23
3820+through IC 4-22-2-36 or the expedited procedures in
3821+IC 4-22-2-37.3. A rule adopted under IC 4-22-2-37.3 expires not
3822+later than two (2) years after the adopted rule is accepted for filing
3823+by the publisher of the Indiana Register.
3824+(e) An expedited rule described in this section may be continued
3825+in another expedited rule only if the governor determines under
3826+IC 4-22-2-37.3(b) that the policy options available to the agency are
3827+so limited that use of the additional notice, comment, and review
3828+procedures in IC 4-22-2-23 through IC 4-22-2-36 would provide no
3829+benefit to persons regulated or otherwise affected by the rule.".
3830+Page 42, line 37, after "Register." insert "An expedited rule
3831+described in this section may not be continued in another expedited
3832+rule after the expiration of the initial expedited rule.".
3833+Page 45, line 16, after "publisher" insert "not later than the first
3834+regular business day in September of the year preceding the year
3835+in which the rule expires under this chapter".
3836+Page 45, line 24, delete "at least".
3837+Page 46, line 12, after "period" insert "under section 5 of this
3838+chapter".
3839+Page 55, delete lines 31 through 41, begin a new line block indented
3840+and insert:
3841+"(1) that has been preliminarily adopted by a board in a form that
3842+is:
3843+(A) identical to; or
3844+(B) not substantively different from;
3845+the proposed rule published in a second notice under section 4 of
3846+EH 1623—LS 7025/DI 125 90
3847+this chapter; or
3848+(2) for which the commissioner has made a determination and
3849+prepared written findings under section 7 or 8 of this chapter;
3850+a board may not adopt a rule under this chapter until the board has
3851+conducted a third public comment period that is at least twenty-one
3852+(21) thirty (30) days in length.".
3853+Page 57, line 15, reset in roman "In addition to the requirements of
3854+section 8 of".
3855+Page 57, line 16, reset in roman "this chapter,".
3856+Page 57, line 16, delete "The" and insert "the".
3857+Page 58, between lines 5 and 6, begin a new paragraph and insert:
3858+"SECTION 47. IC 13-14-9-16 IS ADDED TO THE INDIANA
3859+CODE AS A NEW SECTION TO READ AS FOLLOWS
3860+[EFFECTIVE JULY 1, 2023]: For a rule document subject to this
3861+chapter, the one (1) year period established under IC 4-22-2-25 in
3862+which to adopt a rule and obtain the approval or deemed approval
3863+of the governor commences on the date that the initial comment
3864+period notice for the rule document is published in the Indiana
3865+Register under section 3 of this chapter, (if the section 3 comment
3866+period is waived under section 7 of this chapter) section 4 of this
3867+chapter, section 8 of this chapter, or section 14 of this chapter (as
3868+applicable). If an agency determines that a rule cannot be adopted
3869+within one (1) year after the publication of the notice, the agency
3870+shall, before two hundred fifty (250) days following the publication
3871+of the notice, notify the publisher by electronic means:
3872+(1) the reasons why the rule was not adopted and the expected
3873+date the rule will be completed; and
3874+(2) the expected date the rule will be approved or deemed
3875+approved by the governor or withdrawn under IC 4-22-2-41.
3876+(b) If a rule is not approved before the later of:
3877+(1) one (1) year after the agency publishes the initial notice of
3878+intent under this chapter; or
3879+(2) the expected date contained in a notice concerning the rule
3880+that is provided to the publisher under subsection (a);
3881+a later approval or deemed approval is ineffective, and the rule
3882+may become effective only through another rulemaking action
3883+initiated under this chapter.".
3884+Page 58, between lines 7 and 8, begin a new paragraph and insert:
3885+"SECTION 49. IC 13-19-3-3, AS AMENDED BY P.L.120-2022,
3886+SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3887+UPON PASSAGE]: Sec. 3. (a) As used in this section and section 3.1
3888+of this chapter, "coal combustion residuals" means fly ash, bottom ash,
3889+EH 1623—LS 7025/DI 125 91
3890+boiler slag, and flue gas desulfurization materials generated from
3891+burning coal for the purpose of generating electricity by electric
3892+utilities and independent power producers.
3893+(b) As used in The following definitions apply throughout this
3894+section:
3895+(1) "Federal CCR rule" refers to 40 CFR 257, Subpart D, the
3896+federal standards for the disposal of coal combustion residuals in
3897+landfills and surface impoundments.
3898+(2) "Legacy generation resource" means an electric
3899+generating facility that is directly or indirectly owned by a
3900+corporation that was originally formed for the purpose of
3901+providing power to the federal government for use in the
3902+nation's defense or in furtherance of national interests. The
3903+term includes the Ohio Valley Electric Corporation.
3904+(c) The board may shall adopt rules under section 1(a)(1) of this
3905+chapter concerning coal combustion residuals. The rules adopted
3906+under this subsection:
3907+(1) that are shall be consistent with the regulations of the United
3908+States Environmental Protection Agency concerning standards for
3909+the disposal of coal combustion residuals in landfills and surface
3910+impoundments, as set forth in the federal CCR rule;
3911+(2) shall not impose a restriction or requirement that is more
3912+stringent than the corresponding restriction or requirement
3913+imposed under the federal CCR rule; and
3914+(3) shall not impose a restriction or requirement that is not
3915+imposed by the federal CCR rule.
3916+(d) The department shall do the following:
3917+(1) Establish a state permit program under Section 2301 of the
3918+federal Water Infrastructure Improvements for the Nation Act (42
3919+U.S.C. 6945(d)) for the implementation in Indiana of the federal
3920+CCR rule.
3921+(2) Submit to the administrator of the United States
3922+Environmental Protection Agency under 42 U.S.C. 6945(d)(1)(A)
3923+evidence of the state permit program.
3924+(3) Take other necessary or appropriate actions to obtain approval
3925+of the state permit program.
3926+(e) Not later than May 15, 2021, the department shall notify the
3927+United States Environmental Protection Agency of its intention to
3928+establish a state permit program described in subsection (d)(1) and to
3929+seek approval of the state permit program under 42 U.S.C. 6945(d)(1).
3930+(f) Under IC 4-22-2 and IC 13-14-9:
3931+(1) the department shall initiate rulemaking for the establishment
3932+EH 1623—LS 7025/DI 125 92
3933+of the state permit program not more than sixty (60) days after the
3934+effective date of the SECTION of Senate Enrolled Act 271-2021
3935+amending this section; and
3936+(2) the board shall adopt a final rule for the establishment of the
3937+state permit program not more than sixteen (16) months after
3938+initiation of the rulemaking under subdivision (1).
3939+(g) The state permit program established under this section must not
3940+establish requirements for any surface impoundment of coal
3941+combustion residuals unless and until the state permit program is
3942+approved by the administrator of the United States Environmental
3943+Protection Agency under 42 U.S.C. 6945(d)(1). The authority of the
3944+department to establish requirements under the state permit
3945+program established under this section is the only authority the
3946+department has to establish requirements for a surface
3947+impoundment of coal combustion residuals located on the grounds
3948+of a legacy generation resource.
3949+(h) The definitions set forth in Section 257.53 of the federal CCR
3950+rule, as in effect January 1, 2021, apply throughout subsection (i).
3951+(i) The department shall charge the following fees under the state
3952+permit program established under this section:
3953+(1) An initial one (1) time permit fee of twenty thousand five
3954+hundred dollars ($20,500) for each surface impoundment of coal
3955+combustion residuals regulated under the state permit program.
3956+(2) An annual fee of twenty thousand five hundred dollars
3957+($20,500) for each surface impoundment of coal combustion
3958+residuals regulated under the state permit program that has not
3959+completed closure in accordance with Section 257.102 of the
3960+federal CCR rule. The duty to pay the fee established by this
3961+subdivision does not apply on an annual basis until three hundred
3962+sixty-five (365) days after the initial one (1) time permit fee
3963+established by subdivision (1) has been assessed.
3964+(3) An annual fee of ten thousand dollars ($10,000) for each
3965+surface impoundment of coal combustion residuals regulated
3966+under the state permit program that has been closed and for which
3967+post-closure care has been initiated and is still required in
3968+accordance with Section 257.104 of the federal CCR rule. The
3969+duty to pay the fee established by this subdivision does not apply
3970+on an annual basis until three hundred sixty-five (365) days after
3971+the initial one (1) time permit fee established by subdivision (1)
3972+has been assessed.
3973+Fees collected under this subsection shall be deposited in the CCR
3974+program fund established by section 3.2 of this chapter.
3975+EH 1623—LS 7025/DI 125 93
3976+(j) Not later than July 1, 2027, and before the end of each
3977+succeeding period of five (5) years, the board shall review the:
3978+(1) costs to the department of operating the state permit program
3979+established under this section; and
3980+(2) revenue from the fees charged under subsection (i);
3981+as provided in IC 13-16-1-4. If the board determines that the revenue
3982+described in subdivision (2) is inadequate or excessive in relation to the
3983+costs described in subdivision (1), the board shall, under IC 13-16-1-2,
3984+change the amount of one (1) or more of the fees established under
3985+subsection (i).
3986+(k) Upon the effective date that the board adopts rules to implement
3987+the federal CCR rule and subject to subsection (i), annual fees for CCR
3988+landfills that were previously regulated as restricted waste sites shall
3989+be deposited in the CCR program fund established by section 3.2 of
3990+this chapter.
3991+SECTION 50. IC 25-1-5.3 IS ADDED TO THE INDIANA CODE
3992+AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3993+JULY 1, 2023]:
3994+Chapter 5.3. Failure to Enact Licensure Rules
3995+Sec. 1. The following definitions apply throughout this chapter:
3996+(1) "Agency" has the meaning set forth in IC 25-1-5-2.
3997+(2) "Board" has the meaning set forth in IC 25-1-5-2.
3998+(3) "Compliant", with respect to a licensure rule, means a
3999+licensure rule that the agency or a board has adopted.
4000+(4) "Enactment date" means the date on which a statute
4001+requires rulemaking for a licensure rule to commence.
4002+(5) "Executive director" refers to the individual described in
4003+IC 25-1-5-5.
4004+(6) "Licensee" has the meaning set forth in IC 25-1-5-11.
4005+(7) "Licensure rule" means a rule that:
4006+(A) relates to the issuance of a license, certificate,
4007+registration, or permit, or a requirement or prerequisite
4008+for obtaining a license, or keeping a license in good
4009+standing; and
4010+(B) is required by statute to be adopted by the agency or a
4011+board.
4012+(8) "Noncompliant", with respect to a licensure rule, means
4013+a licensure rule that the agency or a board has not adopted
4014+within eighteen (18) months of the enactment date.
4015+Sec. 2. (a) If a licensee believes that the agency or a board has
4016+failed to adopt a licensure rule within eighteen (18) months of the
4017+enactment date, the licensee may request in writing that the
4018+EH 1623—LS 7025/DI 125 94
4019+executive director determine that the licensure rule is
4020+noncompliant. The executive director shall issue the determination
4021+of noncompliance or compliance in writing.
4022+(b) If the executive director determines that the licensure rule
4023+is noncompliant, the licensee is entitled to the relief described in
4024+section 3 of this chapter.
4025+(c) If:
4026+(1) the executive director determines that the licensure rule is
4027+compliant; or
4028+(2) at least thirty (30) days have passed since the licensee
4029+requested the executive director to confirm that the licensure
4030+rule is noncompliant and the executive director has not issued
4031+a determination;
4032+the licensee may request that the governor or the attorney general
4033+determine that the licensure rule is a noncompliant. A licensee may
4034+not request that both the governor and the attorney general make
4035+a determination under this subsection.
4036+(d) If the governor or the attorney general determines that the
4037+licensure rule is noncompliant, the licensee is entitled to the relief
4038+described in section 3 of this chapter.
4039+Sec. 3. (a) If the executive director, governor, or attorney
4040+general determines that a licensure rule is noncompliant, the
4041+licensee:
4042+(1) is not required to pay the license fee to which the licensure
4043+rule relates from the enactment date to the date the licensure
4044+rule becomes compliant (if applicable); and
4045+(2) is entitled to a refund of any license fee to which the
4046+licensure rule relates from the enactment date to the date the
4047+licensure rule becomes compliant (if applicable).
4048+(b) The failure to pay a license fee as authorized under this
4049+section does not affect the validity of the license.
4050+Sec. 4. (a) If the executive director has determined under section
4051+2 of this chapter that a licensure rule is noncompliant, and the
4052+agency later adopts a licensure rule, the executive director may,
4053+upon the request of any person, including the executive director,
4054+make a new determination concerning the licensure rule. The
4055+executive director shall issue the determination in writing.
4056+(b) If the executive director determines that the licensure rule
4057+is compliant, a licensee who disagrees with the determination may
4058+request, not later than thirty (30) days after issuance of the new
4059+determination, that the governor or attorney general review the
4060+determination. The licensee may not request that both the
4061+EH 1623—LS 7025/DI 125 95
4062+governor and the attorney general review the determination. If the
4063+governor or attorney general determines that the licensure rule is
4064+noncompliant, the determination of the governor or attorney
4065+general controls.
4066+Sec. 5. If the governor or attorney general determined that a
4067+licensure rule was noncompliant under section 2 of this chapter,
4068+and the agency later adopts a licensure rule, upon the request of
4069+any person, the governor or attorney general may make a new
4070+determination concerning the licensure rule. The governor or
4071+attorney general shall issue the determination in writing.
4072+Sec. 6. If the executive director, under section 4 of this chapter,
4073+or the governor or attorney general, under section 5 of this
4074+chapter, determines that a formerly noncompliant licensure rule
4075+is now compliant, a licensee is required to pay the license fee to
4076+which the licensure rule relates, beginning:
4077+(1) from the date the new determination was issued; or
4078+(2) if the new determination was issued by the executive
4079+director under section 4(a) of this chapter and the licensee
4080+sought review by the governor or attorney general under
4081+section 4(b) of this chapter, from the date the governor
4082+attorney general issued a determination;
4083+whichever is later.".
4084+Renumber all SECTIONS consecutively.
4085+and when so amended that said bill do pass.
4086+(Reference is to HB 1623 as introduced.)
4087+MILLER D
4088+Committee Vote: yeas 9, nays 1.
4089+_____
4090+COMMITTEE REPORT
4091+Madam President: The Senate Committee on Judiciary, to which
4092+was referred House Bill No. 1623, has had the same under
4093+consideration and begs leave to report the same back to the Senate with
4094+the recommendation that said bill be AMENDED as follows:
4095+Page 2, line 21, delete "If" and insert "(2) If".
4096+Page 3, line 18, after "IC 4-21.5-3-27.5" insert "and
4097+IC 34-52-2-1.5".
4098+EH 1623—LS 7025/DI 125 96
4099+Page 3, delete lines 21 through 35, begin a new paragraph and
4100+insert:
4101+"SECTION 3. IC 4-21.5-3-27.5, AS ADDED BY P.L.199-2021,
1734102 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1744103 JULY 1, 2023]: Sec. 27.5. In a proceeding under this chapter
1754104 concerning an agency action, the administrative law judge shall order
1764105 the agency to pay the reasonable attorney's fees incurred in the
1774106 proceeding by the prevailing party challenging the agency action if:
1784107 (1) the party challenging the agency action proves, by a
1794108 preponderance of the evidence, that:
1804109 (1) (A) the agency's action was frivolous or groundless; or
1814110 (2) (B) the agency pursued the action in bad faith;
1824111 (2) the agency action was based on an invalid rule, as
1834112 provided in IC 4-22-2-44; or
1844113 (3) the agency has failed to demonstrate that the agency acted
185-within its legal authority.
186-SECTION 7. IC 4-22-2-0.1, AS AMENDED BY P.L.53-2014,
187-SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
188-JULY 1, 2023]: Sec. 0.1. (a) The amendments made to this chapter by
189-P.L.44-1995 apply as follows:
190-(1) The amendments made to sections 13, 19, 23, 25, and 28 of
191-this chapter apply to a rulemaking action that commences after
192-June 30, 1995.
193-(2) The addition of sections 23.1 and 46 (repealed) of this chapter
194-applies to a rulemaking action that commences after June 30,
195-1995.
196-(b) This chapter (as effective January 1, 2023) continues to
197-apply after June 30, 2023, to a rulemaking action that is
198-commenced under this chapter before July 1, 2023, and is pending
199-on July 1, 2023.
200-SECTION 8. IC 4-22-2-3 IS AMENDED TO READ AS FOLLOWS
201-[EFFECTIVE JULY 1, 2023]: Sec. 3. (a) "Agency" means any officer,
202-board, commission, department, division, bureau, committee, or other
203-governmental entity exercising any of the executive (including the
204-administrative) powers of state government. The term does not include
205-the judicial or legislative departments of state government or a political
206-subdivision as defined in IC 36-1-2-13.
4114+within its legal authority.".
4115+Page 4, between lines 7 and 8, begin a new paragraph and insert:
4116+"SECTION 5. IC 4-22-2-3 IS AMENDED TO READ AS
4117+FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) "Agency" means
4118+any officer, board, commission, department, division, bureau,
4119+committee, or other governmental entity exercising any of the
4120+executive (including the administrative) powers of state government.
4121+The term does not include the judicial or legislative departments of
4122+state government or a political subdivision as defined in IC 36-1-2-13.
2074123 (b) "Rule" means the whole or any part of an agency statement of
208-HEA 1623 — CC 1 6
2094124 general applicability that:
2104125 (1) has or is designed to have the effect of law; and
2114126 (2) implements, interprets, or prescribes:
2124127 (A) law or policy; or
2134128 (B) the organization, procedure, or practice requirements of an
2144129 agency.
2154130 The term includes a fee, a fine, a civil penalty, a financial benefit
2164131 limitation, or another payment amount set by an agency that
2174132 otherwise qualifies as a rule.
2184133 (c) "Rulemaking action" means the process of formulating or
2194134 adopting a rule. The term does not include an agency action.
2204135 (d) "Agency action" has the meaning set forth in IC 4-21.5-1-4.
2214136 (e) "Person" means an individual, corporation, limited liability
2224137 company, partnership, unincorporated association, or governmental
2234138 entity.
2244139 (f) "Publisher" refers to the publisher of the Indiana Register and
2254140 Indiana Administrative Code, which is the legislative council, or the
4141+EH 1623—LS 7025/DI 125 97
2264142 legislative services agency operating under the direction of the council.
227-(g) The definitions in this section apply throughout this article.
228-SECTION 9. IC 4-22-2-13, AS AMENDED BY P.L.2-2007,
229-SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
230-JULY 1, 2023]: Sec. 13. (a) Subject to subsections (b), (c), and (d), this
231-chapter applies to the addition, amendment, or repeal of a rule in every
232-rulemaking action.
233-(b) This chapter does not apply to the following agencies:
234-(1) Any military officer or board.
235-(2) Any state educational institution.
236-(c) This chapter does not apply to a rulemaking action that results
237-in any of the following rules:
238-(1) A resolution or directive of any agency that relates solely to
239-internal policy, internal agency organization, or internal procedure
240-and does not have the effect of law.
241-(2) A restriction or traffic control determination of a purely local
242-nature that:
243-(A) is ordered by the commissioner of the Indiana department
244-of transportation;
245-(B) is adopted under IC 9-20-1-3(d), IC 9-21-4-7, or
246-IC 9-20-7; and
247-(C) applies only to one (1) or more particularly described
248-intersections, highway portions, bridge causeways, or viaduct
249-areas.
250-(3) A rule adopted by the secretary of state under IC 26-1-9.1-526.
251-HEA 1623 — CC 1 7
252-(4) An executive order or proclamation issued by the governor.
253-(5) A rule adopted by the board of trustees of the Indiana
254-public retirement system, as provided in IC 5-10.5-4-2.
255-However, the board shall submit rules adopted by the board
256-to the publisher for publication in the Indiana Register.
257-(d) Except as specifically set forth in IC 13-14-9:
4143+(g) The definitions in this section apply throughout this article.".
4144+Page 4, delete lines 36 through 42, begin a new paragraph and
4145+insert:
4146+"(d) Except as specifically set forth in IC 13-14-9:
2584147 (1) IC 13-14-9 provides supplemental procedures for notice
2594148 and public comment concerning proposed rules for the boards
2604149 listed in IC 13-14-9-1; and
2614150 (2) the department of environmental management and the
2624151 boards listed in IC 13-14-9-1 shall comply with the procedures
2634152 in IC 13-14-9 in lieu of complying with sections 24, 26, 27, and
2644153 29 (except section 29(c)) of this chapter. do not apply to
2654154 rulemaking actions under IC 13-14-9.
2664155 In adopting rules, all other provisions of IC 4-22-2 apply to these
267-agencies.
268-SECTION 10. IC 4-22-2-15 IS AMENDED TO READ AS
269-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 15. Any rulemaking
270-action that this chapter allows or requires an agency to perform, other
271-than final adoption of a rule under section 29, or 37.1, or 37.2 of this
272-chapter or IC 13-14-9, may be performed by the individual or group of
273-individuals with the statutory authority to adopt rules for the agency, a
274-member of the agency's staff, or another agent of the agency. Final
275-adoption of a rule under section 29, or 37.1, or 37.2 of this chapter or
276-IC 13-14-9, including readoption of a rule that is subject to sections 24
277-through 36 or to section 37.1 of this chapter and recalled for further
278-consideration under section 40 of this chapter, may be performed only
279-by the individual or group of individuals with the statutory authority to
280-adopt rules for the agency.
281-SECTION 11. IC 4-22-2-17 IS AMENDED TO READ AS
282-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 17. (a) IC 5-14-3
283-applies to the text of a rule that an agency intends to adopt from the
284-earlier of the date that the agency takes any action under section 24
285-section 23 of this chapter, otherwise notifies the public of its intent to
286-adopt a rule under any statute, or adopts the rule.
287-(b) IC 5-14-3 applies both to a rule and to the full text of a matter
288-directly or indirectly incorporated by reference into the rule.
289-(c) Subject to subsection (e), after June 30, 2023, a public
4156+agencies.".
4157+Page 5, delete lines 1 through 4.
4158+Page 5, line 8, delete "37.2, or 37.3" and insert "or 37.2".
4159+Page 5, line 12, delete "37.2, or 37.3" and insert "or 37.2".
4160+Page 5, between lines 25 and 26, begin a new paragraph and insert:
4161+"(c) Subject to subsection (e), after June 30, 2023, a public
2904162 hearing or other public meeting in which an agency receives
2914163 comments concerning a rulemaking action from the general public
2924164 must be webcast on the state website during the hearing or meeting
2934165 for the public to view the proceedings. Webcasts must be archived
294-HEA 1623 — CC 1 8
2954166 as public records on the state website.
2964167 (d) Subject to subsection (e), after June 30, 2023, an agency that
2974168 conducts a public hearing or other public meeting at which the
2984169 agency receives comments concerning a rulemaking action from
2994170 the general public must provide a method by which members of the
3004171 public can attend and comment remotely.
3014172 (e) The office of management and budget in consultation with
3024173 the office of technology and the publisher shall establish how and
3034174 where webcasts will be available, how agencies will provide
3044175 opportunities for the general public to attend and comment
3054176 remotely, and where notices of upcoming webcasts will be posted.
3064177 The governor, by executive order, may delay the implementation
3074178 of subsection (c) or (d), or both, for one (1) or more agencies if the
3084179 governor finds that implementation of subsection (c) or (d), or
3094180 both, is not technically feasible. The governor shall include specific
3104181 findings concerning the reasons for a delay in the executive order.
3114182 A delay under this subsection may not extend beyond December 31,
3124183 2025.
4184+EH 1623—LS 7025/DI 125 98
3134185 (f) Inadequacy or insufficiency of webcasting, archive of
3144186 webcasting, or remote access under this section or a statement in
3154187 a notice of the availability of webcasting, archive of webcasting, or
316-remote access does not invalidate a rulemaking action.
317-SECTION 12. IC 4-22-2-17.5 IS ADDED TO THE INDIANA
318-CODE AS A NEW SECTION TO READ AS FOLLOWS
319-[EFFECTIVE JULY 1, 2023]: Sec. 17.5. (a) The legislative services
320-agency shall provide electronic summaries or electronic copies of
321-documents submitted to the publisher under this article or
322-IC 13-14-9 to legislators and legislative committees in the manner
323-and on the schedule specified by the legislative council or the
324-personnel subcommittee of the legislative council acting for the
325-legislative council.
326-(b) If requested in the manner specified by the legislative council
327-or the personnel subcommittee of the legislative council acting for
328-the legislative council, an agency shall provide to the legislative
329-services agency any data, studies, or analyses relied on by the
330-agency to develop a regulatory analysis or a revised regulatory
331-analysis. The agency shall comply with any policies adopted by the
332-legislative council or the personnel subcommittee of the legislative
333-council governing the format, timing, and manner of delivery of
334-the data, studies, or analyses.
335-SECTION 13. IC 4-22-2-19, AS AMENDED BY P.L.53-2014,
4188+remote access does not invalidate a rulemaking action.".
4189+Page 5, after line 42, begin a new paragraph and insert:
4190+"SECTION 9. IC 4-22-2-19, AS AMENDED BY P.L.53-2014,
3364191 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
337-HEA 1623 — CC 1 9
338-JULY 1, 2023]: Sec. 19. (a) Except as provided in section 23.1 of this
4192+JULY 1. 2023]: Sec. 19. (a) Except as provided in section 23.1 of this
3394193 chapter, This section does not apply to the adoption of rules
3404194 (1) required to receive or maintain:
3414195 (A) (1) delegation;
3424196 (B) (2) primacy; or
3434197 (C) (3) approval;
3444198 for state implementation or operation of a program established
3454199 under federal law.
3464200 (2) that amend an existing rule;
3474201 (3) required or authorized by statutes enacted before June 30,
3484202 1995; or
3494203 (4) required or authorized by statutes enacted before June 30,
3504204 1995, and recodified in the same or similar form after June 29,
3514205 1995, in response to a program of statutory recodification
3524206 conducted by the code revision commission.
3534207 (b) If an agency will have statutory authority to adopt a rule at the
3544208 time that the rule becomes effective, the agency may conduct any part
3554209 of its rulemaking action before the statute authorizing the rule becomes
3564210 effective.
3574211 (c) However, an agency shall:
3584212 (1) begin the a rulemaking process needed to implement the
3594213 statutory change not later than sixty (60) days after the effective
3604214 date of the statute that authorizes the rule; or
3614215 (2) if an agency cannot comply with subdivision (1), provide
3624216 electronic notice to the publisher stating the reasons for the
3634217 agency's noncompliance.
3644218 (c) For purposes of this section, a rulemaking process is
3654219 commenced when:
3664220 (1) the agency publishes a proposed rule under section 23 or
3674221 37.2 of this chapter; or
3684222 (2) in the case of a change in a statute described in section 38
369-of this chapter, the agency files with the publisher a rule
370-document under section 38 of this chapter.
371-Except as otherwise provided in IC 4-22-2.3, if an interim
372-rulemaking procedure is commenced under section 37.2 of this
373-chapter, the agency shall commence a permanent rulemaking
374-process under section 23 of this chapter before the adopted interim
375-rule expires.
376-SECTION 14. IC 4-22-2-19.5 IS AMENDED TO READ AS
377-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 19.5. (a) To the extent
378-possible, a rule adopted under this article or under IC 13-14-9.5
379-IC 13-14-9 shall comply with the following:
380-HEA 1623 — CC 1 10
381-(1) Minimize the expenses to:
382-(A) regulated entities that are required to comply with the rule;
383-(B) persons who pay taxes or pay fees for government services
384-affected by the rule; and
385-(C) consumers of products and services of regulated entities
386-affected by the rule.
387-(2) Achieve the regulatory goal in the least restrictive manner.
388-(3) Avoid duplicating standards found in state or federal laws.
389-(4) Be written for ease of comprehension.
390-(5) Have practicable enforcement.
391-(b) Subsection (a) does not apply to a rule that must be adopted in
392-a certain form to comply with federal law.
393-SECTION 15. IC 4-22-2-19.6 IS ADDED TO THE INDIANA
4223+of this chapter, the date the agency files with the publisher a
4224+rule document under section 38 of this chapter.
4225+If an interim rulemaking procedure is commenced under section
4226+37.2 of this chapter, the agency shall commence a permanent
4227+EH 1623—LS 7025/DI 125 99
4228+rulemaking process under section 23 of this chapter before the
4229+adopted interim rule expires.".
4230+Page 6, line 3, reset in roman "or".
4231+Page 6, line 3, after "IC 13-14-9.5" insert "IC 13-14-9".
4232+Page 6, between lines 16 and 17, begin a new paragraph and insert:
4233+"SECTION 10. IC 4-22-2-19.6 IS ADDED TO THE INDIANA
3944234 CODE AS A NEW SECTION TO READ AS FOLLOWS
3954235 [EFFECTIVE JANUARY 1, 2023 (RETROACTIVE)]: Sec. 19.6. (a)
3964236 A rule adopted under this article or IC 13-14-9 that includes a fee,
3974237 fine, or civil penalty must comply with this section. Subsections (b),
3984238 (c), and (d) do not apply to a rule that must be adopted in a certain
3994239 form to comply with federal law.
4004240 (b) For each fee, fine, or civil penalty imposed by an agency that
4014241 is not set as a specific amount in a state law, a rule must describe
4024242 the circumstances for which the agency will assess a fee, fine, or
4034243 civil penalty and set forth the amount of the fee, fine, or civil
4044244 penalty:
4054245 (1) as a specific dollar amount;
4064246 (2) under a formula by which a specific dollar amount can be
4074247 reasonably calculated by persons regulated or otherwise
4084248 affected by the rule; or
4094249 (3) as a range of potential dollar amounts, stating the factors
4104250 that the agency will utilize to set a specific dollar amount in an
4114251 individual case with sufficient certainty that a review of an
4124252 agency action under IC 4-21.5 or comparable process can
4134253 evaluate whether the amount was reasonable.
4144254 A rule concerning fines or civil penalties does not prohibit an
4154255 agency to enter into a settlement agreement with a person against
4164256 whom a fine or civil penalty is being assessed to determine the fine
4174257 or civil penalty to be paid for a violation.
4184258 (c) The amount of a fee must be reasonably based on the amount
4194259 necessary to carry out the purposes for which the fee is imposed.
4204260 (d) An agency setting a fine or civil penalty shall consider the
4214261 following:
4224262 (1) Whether the violation has a major or minor impact on the
423-HEA 1623 — CC 1 11
4244263 health, safety, or welfare of a person, the health or safety of
4254264 animals or natural resources, or other facts set forth in the
4264265 agency's rule.
4274266 (2) The number of previous violations committed by the
4284267 offender of laws, rules, or programs administered by the
4294268 agency.
4304269 (3) The need for deterrence of future violations.
4270+EH 1623—LS 7025/DI 125 100
4314271 (4) Whether the conduct, if proved beyond a reasonable
4324272 doubt, would constitute a criminal offense, and the level of
4334273 penalty set by law for the criminal offense.
4344274 (e) An agency is not liable for a fee, fine, or civil penalty that is
4354275 not in conformity with this section if:
4364276 (1) the fee, fine, or civil penalty was included in a rule that
4374277 became effective before January 1, 2023, and that otherwise
4384278 complies with subsection (b);
4394279 (2) the fee, fine, or civil penalty was:
4404280 (A) set by an agency before January 1, 2023;
4414281 (B) reviewed by the budget committee:
4424282 (i) in the case of the department of environmental
4434283 management, the boards listed in IC 13-14-9-1, the office
4444284 of environmental adjudication, the natural resources
4454285 commission, the department of natural resources, the
4464286 Indiana gaming commission, and the Indiana horse
4474287 racing commission, before December 31, 2023; and
4484288 (ii) in the case of an agency not described in item (i),
4494289 before July 1, 2024; and
4504290 (C) included in a rule that complies with this section and
4514291 becomes effective before:
4524292 (i) in the case of the department of environmental
4534293 management, the boards listed in IC 13-14-9-1, the office
4544294 of environmental adjudication, the natural resources
4554295 commission, the department of natural resources, the
4564296 Indiana gaming commission, and the Indiana horse
4574297 racing commission, December 31, 2024; and
4584298 (ii) in the case of an agency not described in item (i), July
4594299 1, 2025; or
4604300 (3) the agency withdraws or otherwise ceases to enforce or
4614301 apply the fee, fine, or civil penalty before:
4624302 (A) in the case of the department of environmental
4634303 management, the boards listed in IC 13-14-9-1, the office
4644304 of environmental adjudication, the natural resources
4654305 commission, the department of natural resources, the
466-HEA 1623 — CC 1 12
4674306 Indiana gaming commission, and the Indiana horse racing
4684307 commission, December 31, 2023; and
469-(B) in the case of an agency not described in clause (A),
470-July 1, 2024.
4308+(B) in the case of an agency not described in item (i), July
4309+1, 2024.
4714310 Readoption without changes under IC 4-22-2.6 of a nonconforming
4724311 fee, fine, or civil penalty that meets the requirements of subdivision
4734312 (1) or (2) does not invalidate the nonconforming fee, fine, or civil
4313+EH 1623—LS 7025/DI 125 101
4744314 penalty.
4754315 (f) Beginning January 1, 2024, an agency shall post on its
4764316 website a schedule of fines and civil penalties that apply to
4774317 violations of laws, rules, and requirements of federal programs
478-administered by the agency.
479-SECTION 16. IC 4-22-2-21, AS AMENDED BY P.L.204-2016,
480-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
481-JULY 1, 2023]: Sec. 21. (a) If incorporation of the text in full would be
482-cumbersome, expensive, or otherwise inexpedient, an agency may
483-incorporate by reference into a rule part or all of any of the following
484-matters:
485-(1) A federal or state statute, rule, or regulation.
486-(2) A code, manual, or other standard adopted by an agent of the
487-United States, a state, or a nationally recognized organization or
488-association.
489-(3) A manual of the department of local government finance
490-adopted in a rule described in IC 6-1.1-31-9.
491-(4) The following requirements:
492-(A) The schedule, electronic formatting, and standard data,
493-field, and record coding requirements for:
494-(i) the electronic data file under IC 6-1.1-4-25 concerning
495-the parcel characteristics and parcel assessments of all
496-parcels and personal property return characteristics and
497-assessments; and
498-(ii) the electronic data file under IC 36-2-9-20 concerning
499-the tax duplicate.
500-(B) The schedule, electronic formatting, and standard data,
501-field, and record coding requirements for data required to be
502-submitted under IC 6-1.1-5.5-3 or IC 6-1.1-11-8.
503-(C) Data export and transmission format requirements for
504-information described in clauses (A) and (B).
505-(b) Each matter incorporated by reference under subsection (a) must
506-be fully and exactly described.
507-(c) An agency may refer to a matter that is directly or indirectly
508-referred to in a primary matter by fully and exactly describing the
509-HEA 1623 — CC 1 13
510-primary matter.
511-(d) Except as otherwise provided in this article, whenever an
512-agency submits a rule to the attorney general, the governor, or the
513-publisher under this chapter, the agency shall also submit a copy of the
514-full text of each matter incorporated by reference under subsection (a)
515-into the rule, other than the following:
516-(1) An Indiana statute or rule.
517-(2) A form or instructions for a form numbered by the Indiana
518-archives and record administration under IC 5-15-5.1-6.
519-(3) The source of a statement that is quoted or paraphrased in full
520-in the rule.
521-(4) Any matter that has been previously filed with the:
522-(A) secretary of state before July 1, 2006; or
523-(B) publisher after June 30, 2006.
524-(5) Any matter referred to in subsection (c) as a matter that is
525-directly or indirectly referred to in a primary matter.
526-(e) An agency may comply with subsection (d) by submitting a
527-paper or an electronic copy of the full text of the matter incorporated
528-by reference.
529-SECTION 17. IC 4-22-2-22.5, AS AMENDED BY P.L.72-2014,
530-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
531-JULY 1, 2023]: Sec. 22.5. (a) This section applies to a rule that an
532-agency intends to:
533-(1) adopt under sections 24 23 through 36 of this chapter or
534-section 37.2 of this chapter;
535-(2) adopt under IC 13-14-9; or
536-(3) readopt under IC 4-22-2.6.
537-(b) As used in this section, "pending rulemaking action" means any
538-rulemaking action in which:
539-(1) either:
540-(A) a notice of intent a public comment period has been
541-published under section 23 or 37.2 of this chapter; or
542-(B) a rulemaking action has been commenced under
543-IC 13-14-9; and or
544-(C) a rulemaking action has been commenced under
545-IC 4-22-2.6; and
546-(2) the rule has not become effective under section 36 of this
547-chapter.
548-(c) Each agency shall maintain a current rulemaking docket that is
549-indexed.
550-(d) A current rulemaking docket must list each pending rulemaking
551-action. The docket must state or contain:
552-HEA 1623 — CC 1 14
553-(1) the subject matter of the proposed rule;
554-(2) notices related to the proposed rule, or links to the Indiana
555-Register where these notices may be viewed;
556-(3) how comments may be made;
557-(4) the time within which comments may be made;
558-(5) where comments and the agency's written response to those
559-comments may be inspected;
560-(6) the date, time, and place where a public hearing required
561-under:
562-(A) section 26 of this chapter; or
563-(B) IC 13-14-9;
564-will be held;
565-(7) a description of relevant scientific and technical findings
566-related to the proposed rule, if applicable; and
567-(8) a reasonable estimate of the timetable for action, updated
568-periodically as circumstances change, if necessary.
569-(e) The agency shall maintain the rulemaking docket on the agency's
570-Internet web site. website. The information must be in an open format
571-that can be easily searched and downloaded. Access to the docket shall,
572-to the extent feasible and permitted by law, provide an opportunity for
573-public comment on the pertinent parts of the rulemaking docket,
574-including relevant scientific and technical findings. Upon request, the
575-agency shall provide a written rulemaking docket.
576-SECTION 18. IC 4-22-2-22.7 IS ADDED TO THE INDIANA
577-CODE AS A NEW SECTION TO READ AS FOLLOWS
578-[EFFECTIVE JULY 1, 2023]: Sec. 22.7. (a) Before complying with
579-section 22.8 of this chapter, an agency shall conduct a regulatory
580-analysis for the proposed rule that complies with the requirements
581-of this section.
582-(b) The office of management and budget shall set standards for
583-the criteria, analytical method, treatment technology, economic,
584-fiscal, and other background data to be used by an agency in the
585-regulatory analysis. The regulatory analysis must be submitted in
586-a form that can be easily loaded into commonly used business
587-analysis software and published in the Indiana Register using the
588-format jointly developed by the publisher, the office of
589-management and budget, and the budget agency. The office of
590-management and budget may provide more stringent requirements
591-for rules with fiscal impacts and costs above a threshold amount
592-determined by the office of management and budget.
593-(c) At a minimum, the regulatory analysis must include findings
594-and any supporting data, studies, or analyses prepared for a rule
595-HEA 1623 — CC 1 15
596-that demonstrate compliance with the following:
597-(1) The cost benefit requirements in IC 4-3-22-13.
598-(2) Each of the standards in section 19.5 of this chapter.
4318+administered by the agency.".
4319+Page 7, line 28, strike "24" and insert "23".
4320+Page 7, line 29, delete "or 37.3".
4321+Page 7, line 29, delete "and".
4322+Page 7, between lines 29 and 30, begin a new line block indented
4323+and insert:
4324+"(2) adopt under IC 13-14-9; or".
4325+Page 7, line 30, delete "(2)" and insert "(3)".
4326+Page 7, line 35, delete "23, 37.2, or 37.3" and insert "23 or 37.2".
4327+Page 8, line 31, delete "rule. The regulatory analysis must" and
4328+insert "rule that complies with the requirements of this section.".
4329+Page 8, delete lines 32 through 42.
4330+Page 9, delete lines 1 through 5.
4331+Page 9, line 16, after "budget." begin a new paragraph and insert:
4332+"(c)".
4333+Page 9, delete lines 20 through 42, begin a new line block indented
4334+and insert:
4335+"(1) The cost benefit requirements in IC 4-3-22-13.
4336+(2) Each of the standards in sections 19.5 and (if applicable)
4337+19.6 of this chapter.
5994338 (3) If applicable, the requirements for fees, fines, and civil
6004339 penalties in section 19.6 of this chapter.
6014340 (4) The annual economic impact on small businesses statement
6024341 required under IC 4-22-2.1-5.
6034342 (5) If applicable, the information required under
6044343 IC 13-14-9-4.
6054344 (6) Any requirement under any other law to conduct an
6064345 analysis of the cost, benefits, economic impact, or fiscal
6074346 impact of a rule, if applicable.
6084347 (d) The regulatory analysis must include a statement justifying
6094348 any requirement or cost that is:
6104349 (1) imposed on a regulated entity under the rule; and
6114350 (2) not expressly required by:
6124351 (A) the statute authorizing the agency to adopt the rule; or
6134352 (B) any other state or federal law.
6144353 The statement required under this subsection must include a
6154354 reference to any data, studies, or analyses relied upon by the
6164355 agency in determining that the imposition of the requirement or
617-cost is necessary.
618-(e) If an agency has made a good faith effort to comply with this
619-section, a rule is not invalid solely because the regulatory analysis
620-for the proposed rule is insufficient or inaccurate.
621-SECTION 19. IC 4-22-2-22.8 IS ADDED TO THE INDIANA
622-CODE AS A NEW SECTION TO READ AS FOLLOWS
623-[EFFECTIVE JULY 1, 2023]: Sec. 22.8. (a) After conducting a
624-regulatory analysis under section 22.7 of this chapter, if an agency
625-elects to adopt a rule subject to section 23 of this chapter or
626-IC 13-14-9, the agency shall submit a request to the budget agency
627-and the office of management and budget to authorize
628-commencement of the public comment periods under this chapter
629-or IC 13-14-9 (as applicable). The request must include the
630-following:
631-(1) A general description of the subject matter of the proposed
632-rule.
633-(2) The full text of the proposed rule (including a copy of any
634-matter incorporated by reference under section 21 of this
635-chapter) in the form required by the publisher, including
636-citations to any related authorizing and affected Indiana
637-statutes.
638-HEA 1623 — CC 1 16
639-(3) The regulatory analysis, including supporting data,
640-prepared under section 22.7 of this chapter.
641-(4) Any other information required by the office of
642-management and budget.
643-(b) The budget agency and the office of management and budget
644-shall expedite the review of the request to adopt a rule. The budget
645-agency and the office of management and budget may do the
646-following:
647-(1) Return the request to the agency with a statement
648-describing any additional information needed to authorize or
649-disapprove further rulemaking actions on one (1) or more of
650-the rules in the request.
651-(2) Authorize the commencement of the public comment
652-periods on one (1) or more of the rules in the request with or
653-without changes.
654-(3) Disapprove commencement of the public comment periods
655-on one (1) or more of the rules with a statement of reasons for
656-the disapproval.
657-(c) If an agency has requested authorization for more than one
658-(1) rule in the same request, the budget agency and the office of
659-management and budget may make separate determinations with
660-respect to some or all of the rules in the request. Approval of a
661-request shall be treated as a determination that the review
662-conducted and findings made by the agency comply with the
663-requirements of section 22.7 of this chapter and this section. The
664-budget agency and the office of management and budget may not
665-approve any part of a proposed rule that adds or amends language
666-to increase or expand application of a fee, fine, or civil penalty or
667-a schedule of fees, fines, or civil penalties before submitting the
668-proposed rule to the budget committee for review.
669-(d) Notice of the determination shall be provided to the agency
670-in an electronic format required by the publisher. The budget
671-agency and the office of management and budget may return to the
672-agency any copy of a matter incorporated by reference under
673-section 21 of this chapter that was submitted with the request.
674-(e) If an agency revises a proposed rule after the budget agency
4356+EH 1623—LS 7025/DI 125 102
4357+cost is necessary.".
4358+Page 10, delete lines 1 through 15.
4359+Page 10, line 16, delete "(c)" and insert "(e)".
4360+Page 10, line 26, delete "first and second".
4361+Page 11, line 6, delete "first and second".
4362+Page 11, line 9, delete "first and second".
4363+Page 11, line 18, after "this section." insert "The budget agency
4364+and the office of management and budget may not approve any
4365+part of a proposed rule that adds or amends language to increase
4366+or expand application of a fee, fine, or civil penalty or a schedule
4367+of fees, fines, or civil penalties before submitting the proposed rule
4368+to the budget committee for review.".
4369+Page 11, delete lines 24 through 32, begin a new paragraph and
4370+insert:
4371+"(e) If an agency revises a proposed rule after the budget agency
6754372 and the office of management and budget authorize
6764373 commencement of the public comment periods, the agency must
6774374 obtain a new notice of determination under subsection (d). The
6784375 agency shall resubmit to the budget agency and the office of
6794376 management and budget the revised proposed rule and a revised
6804377 regulatory analysis with sufficient information for the budget
681-HEA 1623 — CC 1 17
6824378 agency and the office of management and budget to determine the
6834379 impact the revisions have on the regulatory analysis previously
6844380 reviewed by the budget agency and the office of management and
6854381 budget. After obtaining a new notice of determination, the agency
6864382 shall submit to the publisher the new notice of determination, the
687-revised proposed rule, and the revised regulatory analysis.
688-SECTION 20. IC 4-22-2-23, AS AMENDED BY P.L.152-2012,
689-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
690-JULY 1, 2023]: Sec. 23. (a) This section does not apply to rules
691-adopted under IC 4-22-2-37.1.
692-(b) (a) At least twenty-eight (28) days before an agency notifies the
693-public of the agency's intention to adopt a rule under section 24 of this
694-chapter, the agency shall notify the public of its intention to adopt a
695-rule by publishing a notice of intent to adopt a rule in the Indiana
696-Register. An agency shall provide notice in the Indiana Register of
697-the first public comment period required by this section. To
698-publish notice of the first public comment period in the Indiana
699-Register, the agency must submit the following to the publisher:
700-(1) A statement of the date, time, and place at which the
4383+revised proposed rule, and the revised regulatory analysis.".
4384+Page 11, line 35, strike "(a)".
4385+Page 11, line 36, delete "An agency may not adopt a proposed".
4386+Page 11, delete lines 37 through 38.
4387+Page 11, line 39, strike "(b)" and insert "(a)".
4388+Page 12, line 2, delete "subsection (a)." and insert "this section.".
4389+Page 12, delete lines 5 through 9, begin a new line block indented
4390+and insert:
4391+"(1) A statement of the date, time, and place at which the
7014392 hearing required by section 26 of this chapter will be
7024393 convened, including information for how to attend the public
7034394 hearing remotely.
7044395 (2) The full text of the agency's proposed rule in the form
7054396 required by section 20 of this chapter and the documents
706-required by section 21 of this chapter.
707-(3) The latest version of the regulatory analysis submitted to
708-the budget agency and the office of management and budget
709-under section 22.8 of this chapter.
710-(4) The determination of the budget agency and the office of
711-management and budget authorizing commencement of the
712-public comment periods.
4397+required by section 21 of this chapter.".
4398+Page 12, line 10, delete "(2)" and insert "(3)".
4399+EH 1623—LS 7025/DI 125 103
4400+Page 12, line 13, delete "(3)" and insert "(4)".
4401+Page 12, line 15, delete "first and second public comment periods
4402+on the proposed rule." and insert "public comment periods.
7134403 (5) If the proposed rule adds or amends language to increase
7144404 or expand application of a fee, fine, or civil penalty or a
7154405 schedule of fees, fines, or civil penalties, the agenda of the
7164406 budget committee meeting at which the rule was scheduled for
717-review.
718-(6) The notice required under subsection (b).
719-(b) The publication notice of the first public comment period must
720-include the following:
721-(1) A general description of the subject matter of the proposed
722-rule.
723-(2) An overview of the intent and scope of the proposed rule and
724-HEA 1623 — CC 1 18
725-the statutory authority for the rule.
726-(3) The latest version of the regulatory analysis submitted to
727-the budget agency and the office of management and budget
728-under section 22.8 of this chapter, excluding any appendices
729-containing any data, studies, or analyses referenced in the
730-regulatory analysis.
731-(4) Information concerning where, when, and how a person
732-may submit written comments on the proposed rule, including
733-contact information concerning the small business regulatory
734-coordinator required by section 28.1 of this chapter.
735-(5) Information concerning where, when, and how a person
736-may inspect and copy the regulatory analysis, and any data,
737-studies, or analyses referenced under subdivision (3).
738-(6) Information concerning where, when, and how a person
739-may inspect any documents incorporated by reference into
740-the proposed rule under section 21 of this chapter.
741-(7) An indication that, if the agency does not receive any
742-substantive comments during the public comment period or
743-public hearing, the agency may adopt a rule that is the same
744-as or does not substantially differ from the text of the
745-proposed rule published under this section.
746-Inadequacy or insufficiency of the published description or
747-regulatory analysis in a notice published under this section does
748-not invalidate a rulemaking action.
749-(c) The requirement to publish a notice of intent to adopt a rule
750-under subsection (b) does not apply to rulemaking under IC 13-14-9.
751-(d) In addition to the procedures required by this article, an agency
752-may solicit comments from the public on the need for a rule, the
753-drafting of a rule, or any other subject related to a rulemaking action,
754-including members of the public who are likely to be affected because
755-they are the subject of the potential rulemaking or are likely to benefit
756-from the potential rulemaking. The procedures that the agency may use
757-include the holding of conferences and the inviting of written
758-suggestions, facts, arguments, or views.
759-(e) The agency shall prepare a written response that contains a
760-summary of the comments received during any part of the rulemaking
761-process. The written response is a public document. The agency shall
762-make the written response available to interested parties upon request.
763-(c) Although the agency may comply with the publication
4407+review.".
4408+Page 12, line 16, delete "(4)" and insert "(6)".
4409+Page 12, line 16, delete "(c)." and insert "(b).".
4410+Page 12, line 17, delete "(c)" and insert "(b)".
4411+Page 12, delete lines 38 through 40, begin a new line block indented
4412+and insert:
4413+"(7) An indication that, if the agency does not receive any
4414+substantive comments during the comment period or public
4415+hearing, the agency may adopt a rule that is the same as or
4416+does not substantially differ from the text of the proposed rule
4417+published under this section.".
4418+Page 13, between lines 15 and 16, begin a new paragraph and insert:
4419+"(c) Although the agency may comply with the publication
7644420 requirements of this section on different days, the agency must
7654421 comply with all of the publication requirements of this section at
7664422 least thirty (30) days before the public hearing required by section
767-HEA 1623 — CC 1 19
768-26 of this chapter is convened.
769-(d) The publisher shall review materials submitted under this
770-section and determine the date that the publisher intends to publish
771-the text of the proposed rule and the notice in the Indiana Register.
772-If the submitted material complies with this section, the publisher
773-shall establish the intended publication date, assign a document
774-control number to the proposed rule, and provide a written or an
775-electronic mail authorization to proceed to the agency. The
776-publisher shall publish the following in the Indiana Register on the
777-intended publication date:
778-(1) The notice of the first public comment period, including
779-any information required under IC 13-14-9-4 (if applicable).
780-(2) The full text of the agency's proposed rule (excluding the
781-full text of a matter incorporated by reference under section
782-21 of this chapter).
783-SECTION 21. IC 4-22-2-23.1, AS AMENDED BY P.L.123-2006,
784-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
785-JULY 1, 2023]: Sec. 23.1. (a) This section and section 19(b) of this
786-chapter do not apply to rules adopted under IC 4-22-2-37.1.
787-(b) Before or after an agency notifies the public of its intention to
788-adopt a rule under section 24 of this chapter, submits a request to the
789-budget agency and the office of management and budget under
790-section 22.8 of this chapter, the agency may solicit comments from all
791-or any segment of the public on the need for a rule, the drafting of a
792-rule, or any other subject related to a rulemaking action. The
793-procedures that the agency may use include the holding of conferences
794-and the inviting of written suggestions, facts, arguments, or views. An
795-agency's failure to consider comments received under this section does
796-not invalidate a rule subsequently adopted.
797-SECTION 22. IC 4-22-2-24, AS AMENDED BY P.L.1-2006,
4423+26 of this chapter is convened.".
4424+Page 13, line 25, delete "." and insert ", including any information
4425+required under IC 13-14-9-4 (if applicable).".
4426+Page 13, line 31, strike "(a) This section and section 19(b) of this".
4427+Page 13, strike line 32.
4428+Page 13, line 33, strike "(b)".
4429+Page 13, after line 42, begin a new paragraph and insert:
4430+"SECTION 16. IC 4-22-2-24, AS AMENDED BY P.L.1-2006,
7984431 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7994432 JULY 1, 2023]: Sec. 24. (a) An agency shall notify the public of its
8004433 intention to adopt a rule by complying with the publication
8014434 requirements in subsections (b) and (c).
8024435 (b) The agency shall cause a notice of a public hearing to be
8034436 published once in one (1) newspaper of general circulation in Marion
8044437 County, Indiana. To publish the newspaper notice, the agency shall
8054438 directly contract with the newspaper. An agency may not contract for
8064439 the publication of a notice under this chapter until the agency has
8074440 received a written or an electronic authorization to proceed from the
8084441 publisher under subsection (g).
4442+EH 1623—LS 7025/DI 125 104
8094443 (a) If:
810-HEA 1623 — CC 1 20
8114444 (1) an agency receives substantive comments during the first
812-public comment period or the public hearing under section 23
813-of this chapter; or
4445+comment period or the public hearing under section 23 of this
4446+chapter; or
8144447 (2) the rule establishes a requirement or limitation that is
8154448 more stringent than an applicable federal requirement or
8164449 limitation;
817-the agency must conduct a second public comment period under
818-this section.
4450+the agency must conduct a second comment period under this
4451+section.
8194452 (c) (b) The agency shall cause a notice of public hearing and To
820-publish a notice of the second public comment period in the
821-Indiana Register, the agency must submit the following to the
822-publisher:
4453+publish a notice of the second comment period in the Indiana
4454+Register, the agency must submit the following to the publisher:
8234455 (1) The full text of the agency's proposed rule (excluding the full
8244456 text of a matter incorporated by reference under section 21 of this
8254457 chapter) to be published once in the Indiana Register. To publish
8264458 the notice and proposed rule in the Indiana Register, the agency
8274459 shall submit the text to the publisher in accordance with
8284460 subsection (g). The agency shall submit the rule in the form
8294461 required by section 20 of this chapter. and with The agency also
8304462 shall submit the documents required by section 21 of this chapter
8314463 (if the agency has not previously provided the publisher with
8324464 the documents). The publisher shall determine the number of
8334465 copies of the rule and other documents to be submitted under this
8344466 subsection. subdivision.
8354467 (2) The notice required under subsection (c).
836-(d) (c) The agency shall include the following in the second public
4468+(d) (c) The agency shall include the following in the second
8374469 comment period notice required by subsections (b) and (c): published
8384470 in the Indiana Register:
8394471 (1) A statement of the date, time, and place at which the public
8404472 hearing required by section 26 of this chapter will be convened,
841-including information for how to attend the hearing remotely.
842-(2) A general description of the subject matter of the proposed
843-rule.
844-(3) In a notice published after June 30, 2005, a statement
845-justifying any requirement or cost that is:
846-(A) imposed on a regulated entity under the rule; and
847-(B) not expressly required by:
848-(i) the statute authorizing the agency to adopt the rule; or
849-(ii) any other state or federal law.
850-The statement required under this subdivision must include a
851-reference to any data, studies, or analyses relied upon by the
852-agency in determining that the imposition of the requirement or
853-HEA 1623 — CC 1 21
854-cost is necessary.
855-(4) an explanation that:
856-(A) the proposed rule; and
857-(B) any data, studies, or analysis referenced in a statement
858-under subdivision (3);
859-may be inspected and copied at the office of the agency.
860-(3) A summary of the written comments received by the
861-agency during the first public comment period and a
862-summary of the response of the agency to written comments
863-submitted under section 23 of this chapter during the first
864-public comment period.
865-(4) Either a statement indicating that no changes in the
866-regulatory analysis have been made from the version of the
867-regulatory analysis published under section 23 of this chapter
868-or the latest version of the regulatory analysis (excluding any
869-appendices containing any data, studies, or analyses
870-referenced in the regulatory analysis) submitted to the budget
871-agency and the office of management and budget under
872-section 22.8 of this chapter, if any changes have been made in
873-the regulatory analysis after submitting the material to the
874-publisher under section 23 of this chapter.
875-(5) An explanation of any differences between the text of the
876-proposed rule published for the first public comment period
877-under section 23 of this chapter and the text of the proposed
878-rule published for the second public comment period under
879-this section.
880-(6) Information concerning where, when, and how a person
881-may submit written comments on the proposed rule, including
882-contact information concerning the small business regulatory
883-coordinator required by section 28.1 of this chapter.
884-(7) Information concerning where, when, and how a person
885-may inspect and copy the regulatory analysis and any data,
886-studies, or analyses referenced in a regulatory analysis
887-referenced in subdivision (4).
888-(8) Information concerning where, when, and how a person
889-may inspect any documents incorporated by reference into
890-the proposed rule under section 21 of this chapter.
891-(9) An indication that the notice is for the second of two (2)
892-thirty (30) day periods in which the public may comment on
893-the proposed rule and that following the second public
894-comment period the agency may adopt a version of the
895-proposed rule that is the same as or does not substantially
896-HEA 1623 — CC 1 22
897-differ from the text of the proposed rule published under this
898-section.
899-However, Inadequacy or insufficiency of the subject matter published
900-description under subdivision (2) or a statement of justification under
901-subdivision (3) or regulatory analysis in a notice published under
902-this section does not invalidate a rulemaking action.
903-(e) (d) Although the agency may comply with the publication
904-requirements in this section on different days, the agency must comply
905-with all of the publication requirements in this section at least
906-twenty-one (21) thirty (30) days before the public hearing required by
907-section 26 of this chapter is convened.
908-(f) This section does not apply to the solicitation of comments under
909-section 23 of this chapter.
910-(g) (e) The publisher shall review materials submitted under this
4473+including information for how to attend the hearing
4474+remotely.".
4475+Delete page 14.
4476+Page 15, delete lines 1 through 26.
4477+Page 16, line 42, strike "(e)" and insert "(d)".
4478+Page 17, delete lines 7 through 22, begin a new paragraph and
4479+insert:
4480+"(g) (e) The publisher shall review materials submitted under this
9114481 section and determine the date that the publisher intends to include the
9124482 material in the Indiana Register. After:
9134483 (1) establishing the intended publication date; and
9144484 (2) receiving the public hearing information specified in
4485+EH 1623—LS 7025/DI 125 105
9154486 subsection (d) from the agency;
9164487 the publisher shall If the submitted material complies with this
9174488 section, the publisher shall establish the intended publication date,
9184489 assign a document control number to the proposed rule, and
9194490 provide a written or an electronic mail authorization to proceed to the
9204491 agency. The publisher shall publish the following in the Indiana
9214492 Register on the intended publication date:
922-(1) The notice of the second public comment period, including
923-any information required under IC 13-14-9-4 (if applicable).
4493+(1) The notice of the second comment period, including any
4494+information required under IC 13-14-9-4 (if applicable).
9244495 (2) The full text of the agency's proposed rule (excluding the
9254496 full text of a matter incorporated by reference under section
926-21 of this chapter).
927-SECTION 23. IC 4-22-2-25, AS AMENDED BY P.L.5-2015,
928-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
929-JULY 1, 2023]: Sec. 25. (a) An agency has one (1) year from the date
930-that it publishes a notice of intent to adopt a rule in the Indiana Register
931-under section 23 of this chapter to comply with sections 26 through 33
932-of this chapter of the first public comment period under section 23
933-of this chapter to comply with sections 23 through 33 of this
934-chapter and obtain the approval or deemed approval of the governor.
935-If an agency determines that a rule cannot be adopted within one (1)
936-year after the publication of the notice of intent to adopt a rule the first
937-public comment period under section 23 of this chapter, the agency
938-shall, before the two hundred fiftieth day following the publication of
939-HEA 1623 — CC 1 23
940-the notice of intent to adopt a rule the first public comment period
941-under section 23 of this chapter, notify the publisher by electronic
942-means:
943-(1) the reasons why the rule was not adopted and the expected
944-date the rule will be completed; and
945-(2) the expected date the rule will be approved or deemed
946-approved by the governor or withdrawn under section 41 of this
947-chapter.
948-(b) If a rule is not approved before the later of:
949-(1) one (1) year after the agency publishes notice of intent to
950-adopt the rule the first public comment period under section 23
951-of this chapter; or
952-(2) the expected date contained in a notice concerning the rule
953-that is provided to the publisher under subsection (a);
954-a later approval or deemed approval is ineffective, and the rule may
955-become effective only through another rulemaking action initiated
956-under this chapter.
957-SECTION 24. IC 4-22-2-26 IS AMENDED TO READ AS
4497+21 of this chapter).".
4498+Page 18, between lines 9 and 10, begin a new paragraph and insert:
4499+"SECTION 20. IC 4-22-2-26 IS AMENDED TO READ AS
9584500 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 26. (a) After the notices
9594501 and the text of an agency's proposed rule are published under section
9604502 sections 23 and (if applicable) 24 of this chapter, the agency shall
9614503 conduct a public hearing on the proposed rule.
9624504 (b) The agency shall convene the public hearing on the date and at
9634505 the time and place stated in its notices and include an option for
9644506 remote attendance.
9654507 (c) The agency may conduct the public hearing in any informal
9664508 manner that allows for an orderly presentation of comments and avoids
9674509 undue repetition. However, the agency shall afford any person
9684510 attending the public hearing an adequate opportunity to comment on
9694511 the agency's proposed rule through the presentation of oral and written
9704512 facts or argument.
9714513 (d) The agency may recess the public hearing and reconvene it on
9724514 a different date or at a different time or place by:
9734515 (1) announcing the date, time, and place of the reconvened public
9744516 hearing in the original public hearing before its recess; and
9754517 (2) recording the announcement in the agency's record of the
9764518 public hearing.
9774519 (e) An agency that complies with subsection (d) is not required to
978-give any further notice of a public hearing that is to be reconvened.
979-SECTION 25. IC 4-22-2-27 IS AMENDED TO READ AS
980-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 27. The individual or
981-group of individuals who will finally adopt the rule under section 29 of
982-HEA 1623 — CC 1 24
983-this chapter shall fully consider comments received by the agency
984-during each public comment period and comments received at the
985-public hearing hearings required by section sections 23, 24, and 26 of
986-this chapter and may consider any other information before adopting
987-the rule. Attendance at the public hearing or review of a written record
988-or summary of the public hearing is sufficient to constitute full
989-consideration.
990-SECTION 26. IC 4-22-2-27.5 IS ADDED TO THE INDIANA
991-CODE AS A NEW SECTION TO READ AS FOLLOWS
992-[EFFECTIVE JULY 1, 2023]: Sec. 27.5. In addition to the
993-information submitted to the attorney general under section 31 of
994-this chapter, to the governor under section 33 of this chapter, and
995-to the publisher under section 35 of this chapter, an agency shall
996-submit to the attorney general, the governor, and the publisher a
997-summary of the comments received by the agency during each
998-public comment period and public hearing under sections 23, 24,
999-and 26 of this chapter or IC 13-14-9 and a summary of the
1000-response of the agency to the comments. The publisher shall
1001-publish the summaries with the final adopted and approved rule.
1002-SECTION 27. IC 4-22-2-28, AS AMENDED BY P.L.237-2017,
1003-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1004-JULY 1, 2023]: Sec. 28. (a) The following definitions apply throughout
1005-this section:
1006-(1) "Ombudsman" refers to the small business ombudsman
1007-designated under IC 5-28-17-6.
1008-(2) "Total estimated economic impact" means the direct annual
1009-economic impact of a rule on all regulated persons after the rule
1010-is fully implemented under subsection (g).
1011-(b) The ombudsman:
1012-(1) shall review a proposed rule that
1013-(A) imposes requirements or costs on small businesses (as
1014-defined in IC 4-22-2.1-4); and
1015-(B) is referred to the ombudsman by an agency under
1016-IC 4-22-2.1-5(c); and
1017-(2) may review a proposed rule that imposes requirements or
1018-costs on businesses other than small businesses (as defined in
1019-IC 4-22-2.1-4).
1020-After conducting a review under subdivision (1) or (2), the ombudsman
1021-may suggest alternatives to reduce any regulatory burden that the
1022-proposed rule imposes on small businesses or other businesses. The
1023-agency that intends to adopt the proposed rule shall respond in writing
1024-to the ombudsman concerning the ombudsman's comments or
1025-HEA 1623 — CC 1 25
1026-suggested alternatives before adopting the proposed rule under section
1027-29 of this chapter.
1028-(c) Subject to subsection (e) and not later than fifty (50) days before
1029-the public hearing for a proposed rule required by section 26 of this
1030-chapter, an agency shall submit the proposed rule to the office of
1031-management and budget for a review under subsection (d), if the
1032-agency proposing the rule determines that the rule will have a total
1033-estimated economic impact greater than five hundred thousand dollars
1034-($500,000) on all regulated persons. In determining the total estimated
1035-economic impact under this subsection, the agency shall consider any
1036-applicable information submitted by the regulated persons affected by
1037-the rule. To assist the office of management and budget in preparing
1038-the fiscal impact statement required by subsection (d), the agency shall
1039-submit, along with the proposed rule, the data used and assumptions
1040-made by the agency in determining the total estimated economic
1041-impact of the rule.
1042-(d) Except as provided in subsection (e), before the adoption of the
1043-rule, and not more than forty-five (45) days after receiving a proposed
1044-rule under subsection (c), the office of management and budget shall
1045-prepare, using the data and assumptions provided by the agency
1046-proposing the rule, along with any other data or information available
1047-to the office of management and budget, a fiscal impact statement
1048-concerning the effect that compliance with the proposed rule will have
1049-on:
1050-(1) the state; and
1051-(2) all persons regulated by the proposed rule.
1052-The fiscal impact statement must contain the total estimated economic
1053-impact of the proposed rule and a determination concerning the extent
1054-to which the proposed rule creates an unfunded mandate on a state
1055-agency or political subdivision. The fiscal impact statement is a public
1056-document. The office of management and budget shall make the fiscal
1057-impact statement available to interested parties upon request and to the
1058-agency proposing the rule. The agency proposing the rule shall
1059-consider the fiscal impact statement as part of the rulemaking process
1060-and shall provide the office of management and budget with the
1061-information necessary to prepare the fiscal impact statement, including
1062-any economic impact statement prepared by the agency under
1063-IC 4-22-2.1-5. The office of management and budget may also receive
1064-and consider applicable information from the regulated persons
1065-affected by the rule in preparation of the fiscal impact statement.
1066-(e) With respect to a proposed rule subject to IC 13-14-9:
1067-(1) the department of environmental management shall give
1068-HEA 1623 — CC 1 26
1069-written notice to the office of management and budget of the
1070-proposed date of preliminary adoption of the proposed rule not
1071-less than sixty-six (66) days before that date; and
1072-(2) the office of management and budget shall prepare the fiscal
1073-impact statement referred to in subsection (d) not later than
1074-twenty-one (21) days before the proposed date of preliminary
1075-adoption of the proposed rule.
1076-(f) In determining whether a proposed rule has a total estimated
1077-economic impact greater than five hundred thousand dollars
1078-($500,000), the agency proposing the rule shall consider the impact of
1079-the rule on any regulated person that already complies with the
1080-standards imposed by the rule on a voluntary basis.
1081-(g) For purposes of this section, a rule is fully implemented after:
1082-(1) the conclusion of any phase-in period during which:
1083-(A) the rule is gradually made to apply to certain regulated
1084-persons; or
1085-(B) the costs of the rule are gradually implemented; and
1086-(2) the rule applies to all regulated persons that will be affected
1087-by the rule.
1088-In determining the total estimated economic impact of a proposed rule
1089-under this section, the agency proposing the rule shall consider the
1090-annual economic impact on all regulated persons beginning with the
1091-first twelve (12) month period after the rule is fully implemented. The
1092-agency may use actual or forecasted data and may consider the actual
1093-and anticipated effects of inflation and deflation. The agency shall
1094-describe any assumptions made and any data used in determining the
1095-total estimated economic impact of a rule under this section.
1096-(h) An agency shall provide the legislative council in an electronic
1097-format under IC 5-14-6 with any analysis, data, and description of
1098-assumptions submitted to the office of management and budget under
1099-this section or section 40 of this chapter at the same time the agency
1100-submits the information to the office of management and budget. The
1101-office of management and budget shall provide the legislative council
1102-in an electronic format under IC 5-14-6 any fiscal impact statement and
1103-related supporting documentation prepared by the office of
1104-management and budget under this section or section 40 of this chapter
1105-at the same time the office of management and budget provides the
1106-fiscal impact statement to the agency proposing the rule. Information
1107-submitted under this subsection must identify the rule to which the
1108-information is related by document control number assigned by the
1109-publisher.
1110-(i) An agency shall provide the legislative council in an electronic
1111-HEA 1623 — CC 1 27
1112-format under IC 5-14-6 with any economic impact or fiscal impact
1113-statement, including any supporting data, studies, or analysis, prepared
1114-for a rule proposed by the agency or subject to readoption by the
1115-agency to comply with:
1116-(1) a requirement in section 19.5 of this chapter to minimize the
1117-expenses to regulated entities that are required to comply with the
1118-rule;
1119-(2) a requirement in section 24 of this chapter to publish a
1120-justification of any requirement or cost that is imposed on a
1121-regulated entity under the rule;
1122-(3) a requirement in IC 4-22-2.1-5 to prepare a statement that
1123-describes the annual economic impact of a rule on all small
1124-businesses after the rule is fully implemented;
1125-(4) a requirement in IC 4-22-2.5-3.1 to conduct a review to
1126-consider whether there are any alternative methods of achieving
1127-the purpose of the rule that are less costly or less intrusive, or that
1128-would otherwise minimize the economic impact of the proposed
1129-rule on small businesses;
1130-(5) a requirement in IC 13-14-9-3 or IC 13-14-9-4 to publish
1131-information concerning the fiscal impact of a rule or alternatives
1132-to a rule subject to these provisions; or
1133-(6) a requirement under any other law to conduct an analysis of
1134-the cost, economic impact, or fiscal impact of a rule;
1135-regardless of whether the total estimated economic impact of the
1136-proposed rule is more than five hundred thousand dollars ($500,000),
1137-as soon as practicable after the information is prepared. Information
1138-submitted under this subsection must identify the rule to which the
1139-information is related by document control number assigned by the
1140-publisher.
1141-SECTION 28. IC 4-22-2-28.1, AS AMENDED BY P.L.237-2017,
4520+give any further notice of a public hearing that is to be reconvened.".
4521+Page 18, line 13, delete "written".
4522+Page 18, line 15, strike "hearing" and insert "hearings".
4523+Page 18, line 15, strike "section" and insert "sections 23, 24, and".
4524+Page 21, delete lines 41 through 42, begin a new paragraph and
4525+insert:
4526+"SECTION 21. IC 4-22-2-28.1, AS AMENDED BY P.L.237-2017,
11424527 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4528+EH 1623—LS 7025/DI 125 106
11434529 JULY 1, 2023]: Sec. 28.1. (a) This section applies to the following:
11444530 (1) A rule for which the notice required by section 23 of this
11454531 chapter or by IC 13-14-9-3 is published by an agency or the board
11464532 (as defined in IC 13-13-8-1).
11474533 (2) A rule for which:
11484534 (A) the notice required by IC 13-14-9-3; or
11494535 (B) an appropriate later notice for circumstances described in
11504536 subsection (g);
11514537 is published by the department of environmental management
11524538 after June 30, 2006.
11534539 (b) (a) As used in this section, The following definitions apply
1154-HEA 1623 — CC 1 28
11554540 throughout this section:
11564541 (1) "Coordinator" refers to the small business regulatory
11574542 coordinator assigned to a rule by an agency under subsection (e).
11584543 (b).
11594544 (c) As used in this section, (2) "Director" refers to the director or
11604545 other administrative head of an agency.
11614546 (d) As used in this section, (3) "Small business" has the meaning set
11624547 forth in IC 5-28-2-6.
11634548 (e) (b) For each rulemaking action and rule finally adopted as a
11644549 result of a rulemaking action by an agency, under this chapter, the
11654550 agency shall assign one (1) staff person to serve as the agency's small
11664551 business regulatory coordinator with respect to the proposed or adopted
11674552 rule. The agency shall assign a staff person to a rule under this
11684553 subsection based on the person's knowledge of, or experience with, the
11694554 subject matter of the rule. A staff person may serve as the coordinator
11704555 for more than one (1) rule proposed or adopted by the agency if the
11714556 person is qualified by knowledge or experience with respect to each
11724557 rule. Subject to subsection (f):
11734558 (1) in the case of a proposed rule, the notice of intent to adopt the
1174-rule The first public comment period notice published under
1175-section 23 of this chapter or
4559+rule The first comment period notice published under section 23
4560+of this chapter or
11764561 (2) in the case of a rule proposed by the department of
11774562 environmental management or the board (as defined in
11784563 IC 13-13-8-1), the notice published under IC 13-14-9-3 or the
11794564 findings published under IC 13-14-9-8(b)(1), whichever applies;
11804565 must include the name, address, telephone number, and electronic mail
11814566 address of the small business coordinator for the proposed rule, the
11824567 name, address, telephone number, and electronic mail address of the
11834568 small business ombudsman designated under IC 5-28-17-6, and a
11844569 statement of the resources available to regulated entities through the
11854570 small business ombudsman designated under IC 5-28-17-6. Subject to
4571+EH 1623—LS 7025/DI 125 107
11864572 subsection (f), In the case of a rule finally adopted, the final rule, as
11874573 published in the Indiana Register, must include the name, address,
11884574 telephone number, and electronic mail address of the coordinator.
11894575 (f) (c) This subsection applies to a rule adopted by the department
11904576 of environmental management or the board (as defined in
11914577 IC 13-13-8-1) under IC 13-14-9. Subject to subsection (g), listed in
11924578 IC 13-14-9-1. In addition to the information required by subsection
11934579 (b), the department and a board shall include in the notice provided
11944580 under IC 13-14-9-3 or in the findings published under
11954581 IC 13-14-9-8(b)(1), whichever applies, section 23 of this chapter and
11964582 in the publication of the final rule in the Indiana Register:
1197-HEA 1623 — CC 1 29
11984583 (1) a statement of the resources available to regulated entities
11994584 through the technical and compliance assistance program
12004585 established under IC 13-28-3;
12014586 (2) the name, address, telephone number, and electronic mail
1202-address of the ombudsman designated under IC 13-28-3-2; and
4587+address of the ombudsman designated under IC 13-28-3-2;
12034588 (3) if applicable, a statement of:
12044589 (A) the resources available to small businesses through the
12054590 small business stationary source technical assistance program
12064591 established under IC 13-28-5; and
12074592 (B) the name, address, telephone number, and electronic mail
12084593 address of the ombudsman for small business designated under
12094594 IC 13-28-5-2(3). and
12104595 (4) the information required by subsection (e).
12114596 The coordinator assigned to the rule under subsection (e) shall work
12124597 with the ombudsman described in subdivision (2) and the office of
12134598 voluntary compliance established by IC 13-28-1-1 to coordinate the
1214-provision of services required under subsection (h) (d) and IC 13-28-3.
1215-If applicable, the coordinator assigned to the rule under subsection (e)
4599+provision of services required under subsection (h) and IC 13-28-3. If
4600+applicable, the coordinator assigned to the rule under subsection (e)
12164601 shall work with the ombudsman referred to in subdivision (3)(B) to
12174602 coordinate the provision of services required under subsection (h) this
12184603 section and IC 13-28-5.
12194604 (g) If the notice provided under IC 13-14-9-3 is not published as
12204605 allowed by IC 13-14-9-7, the department of environmental
12214606 management shall publish in the notice provided under IC 13-14-9-4
12224607 the information that subsection (f) would otherwise require to be
12234608 published in the notice under IC 13-14-9-3. If neither the notice under
12244609 IC 13-14-9-3 nor the notice under IC 13-14-9-4 is published as allowed
12254610 by IC 13-14-9-8, the department of environmental management shall
12264611 publish in the commissioner's written findings under IC 13-14-9-8(b)
12274612 the information that subsection (f) would otherwise require to be
12284613 published in the notice under IC 13-14-9-3.
4614+EH 1623—LS 7025/DI 125 108
12294615 (h) (d) The coordinator assigned to a rule under subsection (e) shall
12304616 serve as a liaison between the agency and any small business subject
12314617 to regulation under the rule. The coordinator shall provide guidance to
12324618 small businesses affected by the rule on the following:
12334619 (1) Any requirements imposed by the rule, including any
12344620 reporting, record keeping, or accounting requirements.
12354621 (2) How the agency determines or measures compliance with the
12364622 rule, including any deadlines for action by regulated entities.
12374623 (3) Any penalties, sanctions, or fines imposed for noncompliance
12384624 with the rule.
12394625 (4) Any other concerns of small businesses with respect to the
1240-HEA 1623 — CC 1 30
12414626 rule, including the agency's application or enforcement of the rule
12424627 in particular situations. However, in the case of a rule adopted
12434628 under IC 13-14-9, by the department of environmental
12444629 management or a board listed in IC 13-14-9-1, the coordinator
12454630 assigned to the rule may refer a small business with concerns
12464631 about the application or enforcement of the rule in a particular
12474632 situation to the ombudsman designated under IC 13-28-3-2 or, if
12484633 applicable, under IC 13-28-5-2(3).
12494634 (i) (e) The coordinator assigned to a rule under subsection (e) shall
12504635 provide guidance under this section in response to questions and
12514636 concerns expressed by small businesses affected by the rule. The
12524637 coordinator may also issue general guidelines or informational
12534638 pamphlets to assist small businesses in complying with the rule. Any
12544639 guidelines or informational pamphlets issued under this subsection
12554640 shall be made available:
12564641 (1) for public inspection and copying at the offices of the agency
12574642 under IC 5-14-3; and
12584643 (2) electronically through electronic gateway access.
12594644 (j) (f) The coordinator assigned to a rule under subsection (e) shall
12604645 keep a record of all comments, questions, and complaints received
12614646 from small businesses with respect to the rule. The coordinator shall
12624647 deliver the record, along with any accompanying documents submitted
12634648 by small businesses, to the director:
12644649 (1) not later than ten (10) days after the date on which the rule is
12654650 submitted to the publisher under section 35 of this chapter; and
12664651 (2) before July 15 of each year during which the rule remains in
12674652 effect.
12684653 The coordinator and the director shall keep confidential any
12694654 information concerning a small business to the extent that the
12704655 information is exempt from public disclosure under IC 5-14-3-4.
12714656 (k) (g) Not later than November 1 of each year, the director shall:
4657+EH 1623—LS 7025/DI 125 109
12724658 (1) compile the records received from all of the agency's
12734659 coordinators under subsection (j); (f);
12744660 (2) prepare a report that sets forth:
12754661 (A) the number of comments, complaints, and questions
12764662 received by the agency from small businesses during the most
12774663 recent state fiscal year, categorized by the subject matter of the
12784664 rules involved;
12794665 (B) the number of complaints or questions reported under
12804666 clause (A) that were resolved to the satisfaction of the agency
12814667 and the small businesses involved;
12824668 (C) the total number of staff serving as coordinators under this
1283-HEA 1623 — CC 1 31
12844669 section during the most recent state fiscal year;
12854670 (D) the agency's costs in complying with this section during
12864671 the most recent state fiscal year; and
12874672 (E) the projected budget required by the agency to comply
12884673 with this section during the current state fiscal year; and
12894674 (3) deliver the report to the legislative council in an electronic
12904675 format under IC 5-14-6 and to the small business ombudsman
12914676 designated under IC 5-28-17-6.
1292-SECTION 29. IC 4-22-2-28.2, AS AMENDED BY P.L.133-2012,
4677+SECTION 43. IC 4-22-2-28.2, AS AMENDED BY P.L.133-2012,
12934678 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12944679 JULY 1, 2023]: Sec. 28.2. (a) This section applies to a violation
12954680 described in subsection (c) that occurs after June 30, 2005. However,
12964681 in the case of a violation of a rule adopted under IC 13-14-9 by the
12974682 department of environmental management or the board (as defined in
12984683 IC 13-13-8-1), the procedures set forth in IC 13-30-4-3 and IC 13-30-7
12994684 apply instead of this section.
13004685 (b) As used in this section, "small business" has the meaning set
13014686 forth in section 28.1(d) 28.1(a) of this chapter.
13024687 (c) Except as provided in subsection (d), a small business that
13034688 voluntarily provides notice to an agency of the small business's actual
13044689 or potential violation of a rule adopted by the agency under this chapter
13054690 is immune from civil or criminal liability resulting from an agency
13064691 action relating to the violation if the small business does the following:
13074692 (1) Provides written notice of the violation to the agency not later
13084693 than forty-five (45) days after the small business knew or should
13094694 have known that the violation occurred.
13104695 (2) Corrects the violation within a time agreed to by the agency
13114696 and the small business. However, the small business shall be
13124697 given at least ninety (90) days after the date of the notice
13134698 described in subdivision (1) to correct the violation. The small
13144699 business may correct the violation at any time before the
4700+EH 1623—LS 7025/DI 125 110
13154701 expiration of the period agreed to under this subdivision.
13164702 (3) Cooperates with any reasonable request by the agency in any
13174703 investigation initiated in response to the notice.
13184704 (d) A small business is not immune from civil or criminal liability
13194705 relating to a violation of which the small business provides notice
13204706 under subsection (c) if any of the following apply:
13214707 (1) The violation resulted in serious harm or in imminent and
13224708 substantial endangerment to the public health, safety, or welfare.
13234709 (2) The violation resulted in a substantial economic benefit that
13244710 afforded the small business a clear advantage over the small
13254711 business's competitors.
1326-HEA 1623 — CC 1 32
13274712 (3) The small business has a pattern of continuous or repeated
13284713 violations of the rule at issue or any other rules of the agency.
13294714 (e) Information that a small business provides under this section,
13304715 including actions and documents that identify or describe the small
13314716 business, to an agency in providing notice of the small business's actual
13324717 or potential violation of a rule adopted by the agency is confidential,
13334718 unless a clear and immediate danger to the public health, safety, or
13344719 welfare or to the environment exists. Information described in this
13354720 subsection may not be made available for use by the agency for
13364721 purposes other than the purposes of this section without the consent of
13374722 the small business.
13384723 (f) Voluntary notice of an actual or a potential violation of a rule
13394724 that is provided by a small business under subsection (c) is not
13404725 admissible as evidence in a proceeding, other than an agency
13414726 proceeding, to prove liability for the rule violation or the effects of the
13424727 rule violation.
1343-SECTION 30. IC 4-22-2-29, AS AMENDED BY P.L.237-2017,
4728+SECTION 1. IC 4-22-2-29, AS AMENDED BY P.L.237-2017,
13444729 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13454730 JULY 1, 2023]: Sec. 29. (a) As used in this section, "small business
13464731 ombudsman" refers to the small business ombudsman designated under
13474732 IC 5-28-17-6.
13484733 (b) After an agency has complied with sections 26, 27, and 28 of
13494734 this chapter, the agency may:
13504735 (1) adopt a rule that is identical to a proposed rule published in
13514736 the Indiana Register under section 23 or (as applicable) 24 of
13524737 this chapter;
13534738 (2) subject to subsection (c), adopt a rule that consolidates part or
13544739 all of two (2) or more proposed rules published in the Indiana
13554740 Register under section 23 or (as applicable) 24 of this chapter
13564741 and considered under section 27 of this chapter;
13574742 (3) subject to subsection (c), adopt part of one (1) or more
4743+EH 1623—LS 7025/DI 125 111
13584744 proposed rules described in subdivision (2) in two (2) or more
13594745 separate adoption actions; or
13604746 (4) subject to subsection (c), adopt a revised version of a proposed
13614747 rule published under section 23 or (as applicable) 24 of this
13624748 chapter and include provisions that did not appear in the
13634749 published version, including any provisions recommended by the
13644750 small business ombudsman under IC 4-22-2.1-6(a), if applicable.
13654751 (c) Subject to IC 13-14-9-4.5 (if applicable), an agency may not
13664752 adopt a rule that substantially differs from the version or versions of the
13674753 proposed rule or rules published in the Indiana Register under section
13684754 23 or 24 of this chapter, or IC 13-14-9-14 (as applicable), unless it is
1369-HEA 1623 — CC 1 33
13704755 a logical outgrowth of any proposed rule as supported by any written
13714756 and public hearing comments submitted:
13724757 (1) during the public comment period; or
13734758 (2) by the small business ombudsman under IC 4-22-2.1-6(a), if
1374-applicable.
1375-SECTION 31. IC 4-22-2-31, AS AMENDED BY P.L.123-2006,
1376-SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1377-JULY 1, 2023]: Sec. 31. After an agency has complied with section 29
1378-of this chapter, or with IC 13-14-9-9(1) or IC 13-14-9-9(2), adopted
1379-the rule in conformity with IC 13-14-9, as applicable, the agency
1380-shall submit its rule to the attorney general for approval. The agency
1381-shall submit the following to the attorney general:
1382-(1) The rule in the form required by section 20 of this chapter.
1383-(2) The documents required by section 21 of this chapter.
1384-(3) Written authorization to proceed issued by the publisher under
1385-section 24(g) sections 23 and 24 of this chapter or IC 13-14-9-4,
1386-IC 13-14-9-5, or IC 13-14-9-14, as applicable.
1387-(4) Any other documents specified by the attorney general.
1388-The attorney general may require the agency to submit any supporting
1389-documentation that the attorney general considers necessary for the
1390-attorney general's review under section 32 of this chapter. The agency
1391-may submit any additional supporting documentation the agency
1392-considers necessary.
1393-SECTION 32. IC 4-22-2-32, AS AMENDED BY P.L.1-2006,
4759+applicable.".
4760+Delete pages 22 through 25.
4761+Page 26, delete line 1.
4762+Page 26, line 5, strike "with IC 13-14-9-9(1) or IC 13-14-9-9(2),"
4763+and insert "adopted the rule in conformity with IC 13-14-9,".
4764+Page 26, line 12, delete "23(d) and 24(f)" and insert "23 and 24".
4765+Page 26, line 12, delete "chapter." and insert "chapter or
4766+IC 13-14-9-4, IC 13-14-9-5, or IC 13-14-9-14, as applicable.".
4767+Page 26, between lines 18 and 19, begin a new paragraph and insert:
4768+"SECTION 24. IC 4-22-2-32, AS AMENDED BY P.L.1-2006,
13944769 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13954770 JULY 1, 2023]: Sec. 32. (a) The attorney general shall review each rule
13964771 submitted under section 31 of this chapter for legality.
13974772 (b) In the review, the attorney general shall determine whether the
13984773 rule adopted by the agency complies with the requirements under
13994774 section 29 of this chapter and (if applicable) IC 13-14-9. The attorney
14004775 general shall consider the following:
14014776 (1) The extent to which all persons affected by the adopted rule
14024777 should have understood from the published rule or rules that their
14034778 interests would be affected.
14044779 (2) The extent to which the subject matter of the adopted rule or
14054780 the issues determined in the adopted rule are different from the
14064781 subject matter or issues that were involved in the published rule
14074782 or rules.
14084783 (3) The extent to which the effects of the adopted rule differ from
14094784 the effects that would have occurred if the published rule or rules
14104785 had been adopted instead.
4786+EH 1623—LS 7025/DI 125 112
14114787 In the review, the attorney general shall consider whether the adopted
1412-HEA 1623 — CC 1 34
14134788 rule may constitute the taking of property without just compensation to
14144789 an owner.
14154790 (c) Except as provided in subsections (d) and (h), the attorney
14164791 general shall disapprove a rule under this section only if it:
14174792 (1) has been adopted without statutory authority;
14184793 (2) has been adopted without complying with this chapter;
14194794 (3) does not comply with requirements under section 29 of this
14204795 chapter; or
14214796 (4) violates another law.
14224797 Otherwise, the attorney general shall approve the rule without making
14234798 a specific finding of fact concerning the subjects.
14244799 (d) If an agency submits a rule to the attorney general without
14254800 complying with section 20(a)(2) of this chapter, the attorney general
14264801 may:
14274802 (1) disapprove the rule; or
14284803 (2) return the rule to the agency without disapproving the rule.
14294804 (e) If the attorney general returns a rule under subsection (d)(2), the
14304805 agency may bring the rule into compliance with section 20(a)(2) of this
14314806 chapter and resubmit the rule to the attorney general without readopting
14324807 the rule.
14334808 (f) If the attorney general determines in the course of the review
14344809 conducted under subsection (b) that a rule may constitute a taking of
14354810 property, the attorney general shall advise the following:
14364811 (1) The governor.
14374812 (2) The agency head.
14384813 Advice given under this subsection shall be regarded as confidential
14394814 attorney-client communication.
14404815 (g) The attorney general has forty-five (45) days from the date that
14414816 an agency:
14424817 (1) submits a rule under section 31 of this chapter; or
14434818 (2) resubmits a rule under subsection (e);
14444819 to approve or disapprove the rule. If the attorney general neither
14454820 approves nor disapproves the rule, the rule is deemed approved, and the
14464821 agency may submit it to the governor for approval under section 33 of
14474822 this chapter without the approval of the attorney general.
14484823 (h) For rules adopted under IC 13-14-9, the attorney general:
14494824 (1) shall determine whether the rule adopted by the agency under
14504825 IC 13-14-9-9(2) is a IC 13-14-9 meets the appropriate
14514826 substantial similarity or logical outgrowth of the proposed rule
14524827 as published under IC 13-14-9-5(a)(2) and of testimony presented
14534828 at the board meeting held under IC 13-14-9-5(a)(3); standard
4829+EH 1623—LS 7025/DI 125 113
14544830 under section 29(c) of this chapter; and
1455-HEA 1623 — CC 1 35
14564831 (2) may disapprove a rule under this section only if the rule:
14574832 (A) has been adopted without statutory authority;
14584833 (B) has been adopted without complying with this chapter or
14594834 IC 13-14-9;
14604835 (C) is not a logical outgrowth of the proposed rule as
14614836 published under IC 13-14-9-5(a)(2) and of the testimony
14624837 presented at the board meeting held under IC 13-14-9-5(a)(3);
1463-does not meet the appropriate substantial similarity or
1464-logical outgrowth standard under section 29(c) of this
1465-chapter; or
1466-(D) violates another law.
1467-SECTION 33. IC 4-22-2-37.1, AS AMENDED BY P.L.140-2013,
1468-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1469-JULY 1, 2023]: Sec. 37.1. (a) The following do not apply to a rule
1470-adopted under this section:
1471-(1) Sections 24 23 through 36 27 of this chapter
1472-(2) or IC 13-14-9 (as applicable).
1473-(2) Sections 28 through 36 of this chapter.
1474-The amendments to this section made in the 2023 regular session
1475-of the general assembly apply to provisional rules that are accepted
1476-for filing by the publisher of the Indiana Register after June 30,
1477-2023, regardless of whether the adopting agency initiated official
1478-action to adopt the rule by the name of emergency rule or
1479-provisional rule before July 1, 2023. An action taken before July 1,
1480-2023, in conformity with this section (as effective after June 30,
1481-2023) is validated to the same extent as if the action was taken after
1482-June 30, 2023.
1483-(b) An agency may adopt a rule may be adopted under on a
1484-subject for which the agency has rulemaking authority using the
1485-procedures in this section if a statute delegating authority to an agency
1486-to adopt rules authorizes adoption of such a rule:
1487-(1) under this section; or
1488-(2) in the manner provided by this section.
1489-the governor finds that the agency proposing to adopt the rule has
1490-demonstrated to the satisfaction of the governor that use of
1491-provisional rulemaking procedures under this section is necessary
1492-to avoid:
1493-(1) an imminent and a substantial peril to public health,
1494-safety, or welfare;
1495-(2) an imminent and a material loss of federal funds for an
1496-agency program;
1497-(3) an imminent and a material deficit;
1498-HEA 1623 — CC 1 36
1499-(4) an imminent and a substantial violation of a state or
1500-federal law or the terms of a federal agreement or program;
4838+meets the appropriate substantial similarity or logical
4839+outgrowth standard under section 29(c) of this chapter; or
4840+(D) violates another law.".
4841+Page 26, line 27, delete "emergency" and insert "provisional".
4842+Page 26, line 30, delete "emergency rule" and insert "rule by the
4843+name of emergency rule or provisional rule".
4844+Page 26, line 42, delete "emergency" and insert "provisional".
4845+Page 27, line 6, delete "or".
4846+Page 27, line 8, delete "program." and insert "program;
15014847 (5) injury to the business or interests of the people or any
15024848 public utility of Indiana as determined under IC 8-1-2-113;
1503-(6) an imminent and a substantial peril to:
4849+(6) an imminent and substantial peril to:
15044850 (A) wildlife; or
15054851 (B) domestic animal;
15064852 health, safety, or welfare; or
15074853 (7) the spread of invasive species, pests, or diseases affecting
1508-plants.
1509-To obtain a determination from the governor, an agency must
1510-submit to the governor the text of the proposed provisional rule, a
1511-statement justifying the need for provisional rulemaking
1512-procedures, and any additional information required by the
1513-governor in the form and in the manner required by the governor.
1514-The governor may not approve provisional rulemaking for any
1515-part of a proposed provisional rule that adds or amends language
1516-to increase or expand application of a fee, fine, or civil penalty or
1517-a schedule of fees, fines, or civil penalties before submitting the
1518-proposal to the budget committee for review. A notice of
1519-determination by the governor shall include findings that explain
1520-the basis for the determination. The notice of determination shall
1521-be provided to the agency in an electronic format. Approval of a
1522-request shall be treated as a determination that the rule meets the
1523-criteria in this subsection.
1524-(c) After an agency adopts a rule under this section, the governor
1525-approves provisional rulemaking procedures for a rule but before
1526-the agency adopts the provisional rule, the agency shall submit the
1527-rule to the publisher for the assignment of obtain a document control
1528-number The agency shall submit the rule in the form required by
1529-section 20 of this chapter and with the documents required by section
1530-21 of this chapter. from the publisher. The publisher shall determine
1531-the documents and the format of the rule and other documents to that
1532-must be submitted under this subsection. to the publisher to obtain
1533-a document control number. The agency must submit at least the
1534-following:
4854+plants.".
4855+Page 27, line 10, delete "emergency" and insert "provisional".
4856+Page 27, line 11, delete "emergency" and insert "provisional".
4857+Page 27, line 13, after "governor." insert "The governor may not
4858+approve provisional rulemaking for any part of a proposed
4859+provisional rule that adds or amends language to increase or
4860+expand application of a fee, fine, or civil penalty or a schedule of
4861+fees, fines, or civil penalties before submitting the proposal to the
4862+budget committee for review.".
4863+Page 27, line 20, delete "emergency" and insert "provisional".
4864+Page 27, line 20, delete "rule," and insert "rule but before the
4865+agency adopts the provisional rule,".
4866+Page 27, line 27, after "number." insert "The agency must submit
4867+at least the following:
15354868 (1) The full text of the proposed provisional rule in the form
15364869 required by section 20 of this chapter.
15374870 (2) A statement justifying the need for provisional
15384871 rulemaking.
4872+EH 1623—LS 7025/DI 125 114
15394873 (3) The approval of the governor to use provisional
15404874 rulemaking procedures required by law.
1541-HEA 1623 — CC 1 37
15424875 (4) The documents required by section 21 of this chapter.
15434876 An agency may not adopt a proposed provisional rule until after
15444877 the publisher notifies the agency that the publisher has complied
15454878 with subsection (d). At least ten (10) regular business days must
15464879 elapse after the publisher has complied with subsection (d) before
15474880 the department of natural resources, the natural resources
15484881 commission, the department of environmental management, or a
15494882 board that has rulemaking authority under IC 13 adopts a
15504883 provisional rule.
15514884 (d) Upon receipt of documents described in subsection (c), the
15524885 publisher shall distribute the full text of the proposed provisional
15534886 rule to legislators and legislative committees in the manner and the
15544887 form specified by the legislative council or the personnel
15554888 subcommittee of the legislative council acting for the legislative
15564889 council. After distribution has occurred, the publisher shall notify
15574890 the agency of the date that distribution under this subsection has
1558-occurred.
1559-(d) (e) After the document control number has been assigned and
1560-the agency adopts the provisional rule, the agency shall submit the
1561-rule following to the publisher for filing:
1562-(1) The text of the adopted provisional rule. The agency shall
1563-submit the provisional rule in the form required by section 20 of
1564-this chapter. and with
1565-(2) A signature page that indicates that the agency has
1566-adopted the provisional rule in conformity with all procedures
1567-required by law.
1568-(3) If the provisional rule adds or amends language to
4891+occurred.".
4892+Page 27, line 28, strike "(d)" and insert "(e)".
4893+Page 27, line 31, delete "emergency" and insert "provisional".
4894+Page 27, line 32, delete "emergency" and insert "provisional".
4895+Page 27, line 35, delete "emergency" and insert "provisional".
4896+Page 27, delete lines 37 through 38, begin a new line block indented
4897+and insert:
4898+"(3) If the provisional rule adds or amends language to
15694899 increase or expand application of a fee, fine, or civil penalty
15704900 or a schedule of fees, fines, or civil penalties, the agenda of the
15714901 budget committee meeting at which the rule was scheduled for
1572-review.
1573-(4) The documents required by section 21 of this chapter.
1574-The publisher shall determine the format of the provisional rule and
1575-other documents to be submitted under this subsection. The
1576-substantive text of the adopted provisional rule must be
1577-substantially similar to the text of the proposed provisional rule
1578-submitted to the governor. A provisional rule may suspend but not
1579-repeal a rule approved by the governor under section 34 of this
1580-chapter.
1581-(e) (f) Subject to subsections (c) and (e) and section 39 of this
1582-chapter, the publisher shall:
1583-(1) accept the provisional rule for filing; and
1584-HEA 1623 — CC 1 38
1585-(2) electronically record the date and time that the provisional
1586-rule is accepted; and
1587-(3) publish the text of the adopted provisional rule and the
1588-governor's approval in the Indiana Register.
1589-(f) (g) A provisional rule adopted by an agency under this section
1590-takes effect on the latest of the following dates:
1591-(1) The effective date of the statute delegating authority to the
1592-agency to adopt the provisional rule.
1593-(2) The date and time that the provisional rule is accepted for
1594-filing under subsection (e). (f).
1595-(3) The effective date stated by the adopting agency in the
1596-provisional rule.
1597-(4) The date of compliance with every requirement established by
1598-law as a prerequisite to the adoption or effectiveness of the
1599-provisional rule.
1600-(5) The statutory effective date for an emergency a provisional
1601-rule set forth in the statute authorizing the agency to adopt
1602-emergency rules. law.
1603-(g) Unless otherwise provided by the statute authorizing adoption
1604-of the rule:
1605-(1) a rule adopted under this section expires not later than ninety
1606-(90) days after the rule is accepted for filing under subsection (e);
1607-(2) a rule adopted under this section may be extended by adopting
1608-another rule under this section, but only for one (1) extension
1609-period; and
1610-(3) for a rule adopted under this section to be effective after one
1611-(1) extension period, the rule must be adopted under:
1612-(A) sections 24 through 36 of this chapter; or
1613-(B) IC 13-14-9;
1614-as applicable.
1615-(h) An agency may amend a provisional rule with another
1616-provisional rule by following the procedures in this section for the
1617-amended provisional rule. However, unless otherwise provided by
1618-IC 4-22-2.3, a provisional rule and all amendments of a provisional
1619-rule by another provisional rule expire not later than one hundred
1620-eighty (180) days after the initial provisional rule is accepted for
1621-filing under subsection (f). The subject of the provisional rule,
1622-including all amendments to the provisional rule, may not be
1623-subsequently extended under this section or section 37.2 of this
1624-chapter. If the governor determines that the circumstance that is
1625-the basis for using the procedures under this section ceases to exist,
1626-the governor may terminate the provisional rule before the lapse
1627-HEA 1623 — CC 1 39
1628-of one hundred eighty (180) days. The termination is effective when
1629-filed with the publisher. The publisher shall publish the
1630-termination notice in the Indiana Register.
1631-(h) This section may not be used to readopt a rule under IC 4-22-2.5.
1632-(i) The publisher of the Indiana administrative code shall annually
1633-publish a list of agencies authorized to adopt rules under this section.
1634-(i) Subject to subsection (j), the attorney general or the governor
1635-may file an objection to a provisional rule that is adopted under
1636-this section not later than forty-five (45) days after the date that a
1637-provisional rule or amendment to a provisional rule is accepted for
1638-filing under subsection (f). The objection must cite the document
1639-control number for the affected provisional rule and state the basis
1640-for the objection. When filed with the publisher, the objection has
1641-the effect of invalidating the provisional rule or amendment to a
1642-provisional rule. The publisher shall publish the objection in the
1643-Indiana Register.
1644-(j) The attorney general may file a written objection to a
1645-provisional rule under subsection (i) only if the attorney general
1646-determines that the provisional rule has been adopted:
1647-(1) without statutory authority; or
1648-(2) without complying with this section.
1649-A notice of objection to a provisional rule by the attorney general
1650-must include findings that explain the basis for the determination.
1651-The notice of objection shall be provided to the agency in an
1652-electronic format.
1653-SECTION 34. IC 4-22-2-37.2 IS ADDED TO THE INDIANA
1654-CODE AS A NEW SECTION TO READ AS FOLLOWS
1655-[EFFECTIVE JULY 1, 2023]: Sec. 37.2. (a) The following do not
1656-apply to a rule adopted under this section:
1657-(1) Sections 23 through 27 of this chapter or IC 13-14-9 (as
1658-applicable).
1659-(2) Sections 28 through 36 of this chapter.
1660-This section as added by the 2023 regular session of the general
1661-assembly applies to interim rules that are accepted for filing by the
1662-publisher of the Indiana Register after June 30, 2023, regardless of
1663-whether the adopting agency initiated official action to adopt the
1664-interim rule before July 1, 2023. An action taken before July 1,
1665-2023, in conformity with this section (as effective after June 30,
1666-2023) is validated to the same extent as if the action was taken after
1667-June 30, 2023.
1668-(b) An agency may only adopt a rule on a subject for which the
1669-agency has rulemaking authority using the procedures in this
1670-HEA 1623 — CC 1 40
1671-section if the governor finds that the agency proposing to adopt the
1672-rule has demonstrated to the satisfaction of the governor that use
1673-of interim rulemaking procedures under this section is necessary
1674-to implement:
1675-(1) a new state or federal law or program, rule of another
1676-state agency, federal regulation, or federal grant or loan
1677-agreement, or (if used by the agency to carry out the agency's
1678-responsibilities) a building, an equipment, a firefighting, a
1679-safety, or a professional code adopted by a nationally
1680-recognized organization;
1681-(2) a change in a state or federal law or program, rule of
1682-another state agency, federal regulation, federal grant or loan
1683-agreement, or (if used by the agency to carry out the agency's
1684-responsibilities) a building, an equipment, a firefighting, a
1685-safety, or a professional code adopted by a nationally
1686-recognized organization; or
4902+review.".
4903+Page 27, line 40, delete "emergency" and insert "provisional".
4904+Page 27, line 42, delete "emergency" and insert "provisional".
4905+Page 28, line 1, delete "emergency" and insert "provisional".
4906+Page 28, line 2, delete "An emergency" and insert "A provisional".
4907+Page 28, line 5, strike "(e)" and insert "(f)".
4908+Page 28, line 5, delete "subsection (d)" and insert "subsections (c)
4909+and (e)".
4910+Page 28, line 10, delete "emergency" and insert "provisional".
4911+Page 28, line 12, strike "(f)" and insert "(g)".
4912+Page 28, line 12, delete "A An emergency" and insert "A
4913+provisional".
4914+Page 28, line 15, delete "emergency" and insert "provisional".
4915+EH 1623—LS 7025/DI 125 115
4916+Page 28, line 16, delete "emergency" and insert "provisional".
4917+Page 28, line 17, strike "(e)." and insert "(f).".
4918+Page 28, line 19, delete "emergency" and insert "provisional".
4919+Page 28, line 22, delete "emergency" and insert "provisional".
4920+Page 28, line 23, strike "an emergency" and insert "a provisional".
4921+Page 28, line 37, delete "(g)" and insert "(h)".
4922+Page 28, line 37, delete "an emergency" and insert "a provisional".
4923+Page 28, line 38, delete "emergency" and insert "provisional".
4924+Page 28, line 39, delete "emergency" and insert "provisional".
4925+Page 28, line 40, delete "an emergency" and insert "a provisional".
4926+Page 28, line 40, after "of" delete "an" and insert "a provisional".
4927+Page 28, line 41, delete "emergency rule by another emergency" and
4928+insert "rule by another provisional".
4929+Page 28, line 42, delete "emergency" and insert "provisional".
4930+Page 29, line 1, delete "(e)." and insert "(f).".
4931+Page 29, line 2, delete "emergency rule, including" and insert
4932+"provisional rule, including".
4933+Page 29, line 2, after "the" delete "emergency" and insert
4934+"provisional".
4935+Page 29, line 4, delete "emergency" and insert "circumstance".
4936+Page 29, line 6, delete "emergency" and insert "provisional".
4937+Page 29, line 13, delete "(h)" and insert "(i)".
4938+Page 29, line 13, after "subsection" delete "(i)," and insert "(j),".
4939+Page 29, line 14, delete "an emergency" and insert "a provisional".
4940+Page 29, line 16, after "that" delete "an emergency" and insert "a
4941+provisional".
4942+Page 29, line 16, after "to" delete "an emergency" and insert "a
4943+provisional".
4944+Page 29, line 17, delete "(e)." and insert "(f).".
4945+Page 29, line 18, delete "emergency" and insert "provisional".
4946+Page 29, line 20, delete "emergency" and insert "provisional".
4947+Page 29, line 21, delete "an emergency" and insert "a provisional".
4948+Page 29, line 23, delete "(i)" and insert "(j)".
4949+Page 29, line 23, delete "an" and insert "a provisional".
4950+Page 29, line 24, delete "emergency".
4951+Page 29, line 24, delete "(h)" and insert "(i)".
4952+Page 29, line 25, delete "emergency" and insert "provisional".
4953+Page 29, line 28, delete "an emergency" and insert "a provisional".
4954+Page 30, line 5, after "may" insert "only".
4955+Page 30, line 6, delete "with a single comment period of".
4956+Page 30, line 7, delete "at least thirty (30) days in length".
4957+Page 30, line 17, delete "or".
4958+EH 1623—LS 7025/DI 125 116
4959+Page 30, line 18, delete "new".
4960+Page 30, line 23, after "organization;" insert "or
16874961 (3) a category of rule authorized under IC 4-22-2.3 to be
1688-adopted as an interim rule;
1689-before the time that a final rule approved by the governor under
1690-section 34 of this chapter could reasonably take effect.
1691-(c) To obtain a determination from the governor, an agency
1692-must submit to the governor the text of the proposed interim rule,
1693-a statement justifying the need for interim rulemaking procedures,
1694-and any additional information required by the governor in the
1695-form and in the manner required by the governor. The governor
1696-may not approve interim rulemaking for any part of a proposed
1697-interim rule that adds or amends language to increase or expand
4962+adopted as an interim rule;".
4963+Page 30, line 25, after "effect." begin a new paragraph and insert:
4964+"(c)".
4965+Page 30, line 30, after "governor." insert "The governor may not
4966+approve interim rulemaking for any part of a proposed interim
4967+rule that adds or amends language to increase or expand
16984968 application of a fee, fine, or civil penalty or a schedule of fees, fines,
16994969 or civil penalties before submitting the proposal to the budget
1700-committee for review. A notice of determination by the governor
1701-shall include findings that explain the basis for the determination.
1702-The notice of determination shall be provided to the agency in an
1703-electronic format. Approval of a request shall be treated as a
1704-determination that the rule meets the criteria in this subsection.
1705-(d) To publish a notice of interim rulemaking in the Indiana
4970+committee for review.".
4971+Page 30, delete lines 36 through 42, begin a new paragraph and
4972+insert:
4973+"(d) To publish a notice of interim rulemaking in the Indiana
17064974 Register, the agency must submit the following to the publisher:
17074975 (1) The full text of the agency's proposed interim rule in the
17084976 form required by section 20 of this chapter.
17094977 (2) The approval of the governor to use interim rulemaking
17104978 procedures for the rule.
17114979 (3) If the interim rule adds or amends language to increase or
17124980 expand application of a fee, fine, or civil penalty or a schedule
1713-HEA 1623 — CC 1 41
17144981 of fees, fines, or civil penalties, the agenda of the budget
17154982 committee meeting at which the rule was scheduled for
17164983 review.
17174984 (4) The documents required by section 21 of this chapter.
1718-The publisher shall review materials submitted under this section
1719-and determine the date that the publisher intends to include the
1720-material in the Indiana Register. After establishing the intended
1721-publication date, the publisher shall provide a written or an
1722-electronic mail authorization to proceed to the agency.
1723-(e) The agency shall include the following in the notice of the
1724-public comment period:
1725-(1) A general description of the subject matter of the proposed
1726-interim rule, including the document control number.
1727-(2) The full text of the agency's proposed interim rule in the
4985+The publisher shall review materials submitted under this".
4986+Page 31, line 3, delete "date and receiving the public comment
4987+period" and insert "date,".
4988+Page 31, line 4, delete "information from the agency,".
4989+Page 31, line 6, delete "(d)" and insert "(e)".
4990+Page 31, between lines 9 and 10, begin a new line block indented
4991+and insert:
4992+"(2) The full text of the agency's proposed interim rule in the
17284993 form required by section 20 of this chapter (excluding the text
17294994 of a matter incorporated by reference under section 21 of this
1730-chapter).
1731-(3) A statement justifying any requirement or cost that is:
1732-(A) imposed on a regulated entity under the interim rule;
1733-and
1734-(B) not expressly required by the statute authorizing the
1735-agency to adopt rules or any other state or federal law.
1736-The statement required under this subdivision must include
1737-a reference to any data, studies, or analyses relied upon by the
1738-agency in determining that the imposition of the requirement
1739-or cost is necessary.
4995+chapter).".
4996+Page 31, line 10, delete "(2)" and insert "(3)".
4997+Page 31, line 18, delete "necessary and where and how a person may
4998+inspect" and insert "necessary.
17404999 (4) Information concerning where, when, and how a person
17415000 may inspect and copy any data, studies, or analyses
5001+EH 1623—LS 7025/DI 125 117
17425002 referenced under subdivision (3).
17435003 (5) Information concerning where, when, and how a person
17445004 may inspect any documents incorporated by reference into
1745-the proposed interim rule under section 21 of this chapter.
1746-(6) A date that is thirty (30) days after the notice is published
1747-in the Indiana Register by which written comments are due
1748-and a statement explaining that any person may submit
1749-written comments concerning the proposed interim rule
1750-during the public comment period and instructions on when,
1751-where, and how the person may submit written comments.
1752-However, inadequacy or insufficiency of the subject matter
1753-description under subdivision (1) or a statement of justification
1754-under subdivision (3) in a notice does not invalidate a rulemaking
1755-action. An agency may continue the public comment period by
1756-HEA 1623 — CC 1 42
1757-publishing a subsequent notice in the Indiana Register extending
1758-the public comment period.
1759-(f) Before adopting the interim rule, the agency shall prepare a
1760-written response to comments received by the agency, including the
1761-reasons for rejecting any recommendations made in the comments.
1762-(g) After an agency has completed the public comment period
1763-and complied with subsection (f), the agency may:
1764-(1) adopt a rule that is identical to a proposed interim rule
1765-published in the Indiana Register under this section; or
1766-(2) adopt a revised version of a proposed interim rule
1767-published under this section and include provisions that did
1768-not appear in the initially published proposed version.
1769-An agency may not adopt an interim rule that substantially differs
1770-from the version of the proposed interim rule published in the
1771-Indiana Register under this section, unless it is a logical outgrowth
1772-of any proposed interim rule as supported by any written
1773-comments submitted during the public comment period.
1774-(h) After the agency adopts the interim rule, the agency shall
1775-submit the following to the publisher for filing:
1776-(1) The text of the adopted interim rule. The agency shall
1777-submit the full text of the interim rule in the form required by
1778-section 20 of this chapter.
1779-(2) A summary of the comments received by the agency
1780-during the public comment period and the agency's response
1781-to the comments.
1782-(3) A signature page that indicates that the agency has
1783-adopted the interim rule in conformity with all procedures
1784-required by law.
1785-(4) The documents required by section 21 of this chapter.
1786-The publisher shall determine the format of the interim rule and
1787-other documents to be submitted under this subsection. An interim
1788-rule may suspend but not repeal a rule approved by the governor
1789-under section 34 of this chapter.
1790-(i) Subject to subsection (h) and section 39 of this chapter, the
1791-publisher shall:
1792-(1) accept the interim rule for filing;
1793-(2) electronically record the date and time that the interim
1794-rule is accepted; and
1795-(3) publish the text of the adopted interim rule and the
1796-governor's approval in the Indiana Register.
1797-(j) An interim rule adopted by an agency under this section
1798-takes effect on the latest of the following dates:
1799-HEA 1623 — CC 1 43
1800-(1) The effective date of the statute delegating authority to the
1801-agency to adopt the interim rule.
1802-(2) The date and time that the interim rule is accepted for
1803-filing under subsection (i).
1804-(3) The effective date stated by the adopting agency in the
1805-interim rule.
1806-(4) The date of compliance with every requirement
1807-established by law as a prerequisite to the adoption or
1808-effectiveness of the interim rule.
1809-(5) The statutory effective date for an interim rule set forth in
1810-law.
1811-(k) An agency may amend an interim rule with another interim
1812-rule by following the procedures in this section for adoption of an
1813-interim rule. Except as provided in IC 4-22-2.3, an interim rule and
1814-all subsequent rules on the same subject adopted under section 37.1
1815-of this chapter or this section expire not later than four hundred
1816-twenty-five (425) days after the initial interim rule is accepted for
1817-filing under subsection (i).
1818-(l) Subject to subsection (m), the attorney general or the
1819-governor may file an objection to an interim rule that is adopted
1820-under this section not later than forty-five (45) days after the date
1821-that an interim rule or amendment to an interim rule is accepted
1822-for filing under subsection (i). The objection must cite the
1823-document control number for the affected interim rule and state
1824-the basis for the objection. When filed with the publisher, the
1825-objection has the effect of invalidating the interim rule or
1826-amendment to an interim rule. The publisher shall publish the
1827-objection in the Indiana Register.
1828-(m) The attorney general may file a written objection to an
1829-interim rule under subsection (l) only if the attorney general
1830-determines that the interim rule has been adopted:
1831-(1) without statutory authority; or
1832-(2) without complying with this section.
1833-A notice of objection to an interim rule by the attorney general
1834-must include findings that explain the basis for the determination.
1835-The notice of objection shall be provided to the agency in an
1836-electronic format.
1837-SECTION 35. IC 4-22-2-38, AS AMENDED BY P.L.123-2006,
1838-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1839-JULY 1, 2023]: Sec. 38. (a) This section applies to a rulemaking action
1840-resulting in any of the following rules:
1841-(1) A rule that brings another rule into conformity with section 20
1842-HEA 1623 — CC 1 44
1843-of this chapter.
1844-(2) A rule that amends another rule to replace an inaccurate
1845-reference to a statute, rule, regulation, other text, governmental
1846-entity, or location with an accurate reference, when the inaccuracy
1847-is the result of the rearrangement of a federal or state statute, rule,
1848-or regulation under a different citation number, a federal or state
1849-transfer of functions from one (1) governmental entity to another,
1850-a change in the name of a federal or state governmental entity, or
1851-a change in the address of an entity.
1852-(3) A rule correcting any other typographical, clerical, or spelling
1853-error in another rule.
1854-(b) Sections 24 through 37.1 37.2 of this chapter do not apply to
1855-rules described in subsection (a).
1856-(c) Notwithstanding any other statute, an agency may adopt a rule
1857-described by subsection (a) without complying with any statutory
1858-notice, hearing, adoption, or approval requirement. In addition, the
1859-governor may adopt a rule described in subsection (a) for an agency
1860-without the agency's consent or action.
1861-(d) A rule described in subsection (a) shall be submitted to the
1862-publisher for the assignment of a document control number. The
1863-agency (or the governor, for the agency) shall submit the rule in the
1864-form required by section 20 of this chapter and with the documents
1865-required by section 21 of this chapter. The publisher shall determine
1866-the number of copies of the rule and other documents to be submitted
1867-under this subsection.
1868-(e) After a document control number is assigned, the agency (or the
1869-governor, for the agency) shall submit the rule to the publisher for
1870-filing. The agency (or the governor, for the agency) shall submit the
1871-rule in the form required by section 20 of this chapter and with the
1872-documents required by section 21 of this chapter. The publisher shall
1873-determine the format of the rule and other documents to be submitted
1874-under this subsection.
1875-(f) Subject to section 39 of this chapter, the publisher shall:
1876-(1) accept the rule for filing; and
1877-(2) electronically record the date and time that it is accepted.
1878-(g) Subject to subsection (h), a rule described in subsection (a) takes
1879-effect on the latest of the following dates:
1880-(1) The date that the rule being corrected by a rule adopted under
1881-this section becomes effective.
1882-(2) The date that is forty-five (45) days from the date and time
1883-that the rule adopted under this section is accepted for filing
1884-under subsection (f).
1885-HEA 1623 — CC 1 45
1886-(h) The governor or the attorney general may file an objection to a
1887-rule that is adopted under this section before the date that is forty-five
1888-(45) days from the date and time that the rule is accepted for filing
1889-under subsection (f). When filed with the publisher, the objection has
1890-the effect of invalidating the rule.
1891-SECTION 36. IC 4-22-2-39, AS AMENDED BY P.L.123-2006,
1892-SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1893-JULY 1, 2023]: Sec. 39. (a) When an agency submits a rule for filing
1894-under section 35, 37.1, 37.2, or 38 of this chapter, the publisher may
1895-accept the rule for filing only if the following conditions are met:
1896-(1) The following documents are submitted to allow the publisher
1897-to comply with IC 4-22-7-5:
1898-(A) One (1) electronic copy of the rule.
1899-(B) One (1) copy of any matters incorporated by reference
1900-under section 21 of this chapter in the format specified by the
1901-publisher.
1902-(C) One (1) copy of any supporting documentation submitted
1903-under section 31 of this chapter in the format specified by the
1904-publisher.
1905-(2) Each submitted copy includes a reference to the document
1906-control number assigned to the rule by the publisher.
1907-(3) Each submitted copy indicates that the agency has conducted
1908-its rulemaking action in conformity with all procedures required
1909-by law. However, if section 31 of this chapter applies to the rule,
1910-the publisher shall rely on the approval of the attorney general as
1911-the basis for determining that the agency has complied with all
1912-procedures required before the date of the approval.
1913-(b) If a rule includes a statement that the rule is not effective until:
1914-(1) an agency has complied with requirements established by the
1915-federal or state government;
1916-(2) a specific period of time has elapsed; or
1917-(3) a date has occurred;
1918-the agency has complied with subsection (a)(3) even if the described
1919-event or time has not occurred before the publisher reviews the rule
1920-under this section.
1921-(c) The publisher shall take no more than three (3) business days to
1922-complete the review of a rule under this section.
1923-SECTION 37. IC 4-22-2-40, AS AMENDED BY P.L.53-2014,
1924-SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1925-JULY 1, 2023]: Sec. 40. (a) At any time before a rule is accepted for
1926-filing by the publisher under section 35, 37.1, 37.2, or 38 of this
1927-chapter, the agency that adopted the rule may recall it. A rule may be
1928-HEA 1623 — CC 1 46
1929-recalled regardless of whether:
1930-(1) the rule has been disapproved by the attorney general under
1931-section 32 of this chapter; or
1932-(2) the rule has been disapproved by the governor under section
1933-34 of this chapter.
1934-(b) IC 13-14-9 and sections 24 23 through 38 of this chapter do not
1935-apply to a recall action under this section. However, the agency shall
1936-distribute a notice of its recall action to the publisher for publication in
1937-the Indiana Register. IC 13-14-9 and sections 24 23 and 26 of this
1938-chapter do not apply to a readoption action under subsection (c).
1939-(c) After an agency recalls a rule, the agency may reconsider its
1940-adoption action and adopt an identical rule or a revised rule. However,
1941-if IC 13-14-9 or sections 24 23 through 36 of this chapter apply to the
1942-recalled rule, the readopted rule must comply with the requirements
1943-under section 29 of this chapter or IC 13-14-9-9 (as applicable).
1944-(d) The recall of a rule under this section voids any approval given
1945-after the rule was adopted and before the rule was recalled.
1946-(e) If a rule is:
1947-(1) subject to sections 31 and 33 of this chapter;
1948-(2) recalled under subsection (a); and
1949-(3) readopted under subsection (c);
1950-the agency shall resubmit the readopted version of the recalled rule to
1951-the attorney general and the governor for approval. The attorney
1952-general and the governor have the full statutory period to approve or
1953-disapprove the readopted rule. If the recalled rule was submitted to the
1954-office of management and budget under section 28 of this chapter, The
1955-agency shall resubmit the readopted version of a recalled rule to the
1956-office of management and budget with sufficient information for the
1957-office of management and budget to evaluate whether its the initial
1958-fiscal impact statement regulatory analysis submitted to the office
1959-of management and budget under section 28 22.8 of this chapter
1960-needs to be revised. The office of management and budget shall revise
1961-a fiscal impact statement under section 28 of this chapter If the fiscal
1962-impact of the readopted rule is substantially different from the recalled
1963-rule, the agency shall submit the revised regulatory analysis to the
1964-publisher for publication in the Indiana Register with the
1965-document control number assigned by the publisher to the rule.
1966-The agency also shall comply with any other applicable approval
1967-requirement provided by statute.
1968-(f) The readopted version of a recalled rule is effective only after the
1969-agency has complied with section 35, 37.1, 37.2, or 38 of this chapter.
1970-SECTION 38. IC 4-22-2-41, AS AMENDED BY P.L.123-2006,
1971-HEA 1623 — CC 1 47
1972-SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1973-JULY 1, 2023]: Sec. 41. (a) At any time before a rule is accepted by the
1974-publisher for filing under section 35, 37.1, 37.2, or 38 of this chapter,
1975-the agency that adopted the rule may withdraw it.
1976-(b) IC 13-14-9 and sections 24 23 through 40 of this chapter do not
1977-apply to a withdrawal action. However, the withdrawing agency shall
1978-distribute a notice of the withdrawal to the publisher for publication in
1979-the Indiana Register.
1980-(c) The withdrawal of a rule under this section terminates the
1981-rulemaking action, and the withdrawn rule may become effective only
1982-through another rulemaking action initiated under this chapter.
1983-SECTION 39. IC 4-22-2.1-1, AS AMENDED BY P.L.139-2007,
1984-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1985-JULY 1, 2023]: Sec. 1. Except for a rule that is the subject of a
1986-rulemaking action under IC 13-14-9, IC 22-12, IC 22-13, IC 22-14, or
1987-IC 22-15, this chapter applies to a rule for which the notice of the first
1988-public comment period required by IC 4-22-2-23 is published by an
1989-agency after June 30, 2005.
1990-SECTION 40. IC 4-22-2.1-5, AS AMENDED BY P.L.109-2015,
1991-SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1992-JULY 1, 2023]: Sec. 5. (a) If an agency intends to adopt a rule under
1993-IC 4-22-2 that will impose requirements or costs on small businesses,
1994-the agency shall prepare a statement that describes the annual
1995-economic impact of a rule on all small businesses after the rule is fully
1996-implemented. as described in subsection (b). The statement required by
1997-this section must include the following:
1998-(1) An estimate of the number of small businesses, classified by
1999-industry sector, that will be subject to the proposed rule.
2000-(2) An estimate of the average annual reporting, record keeping,
2001-and other administrative costs that small businesses will incur to
2002-comply with the proposed rule.
2003-(3) An estimate of the total annual economic impact that
2004-compliance with the proposed rule will have on all small
2005-businesses subject to the rule. The agency is not required to
2006-submit the proposed rule to the office of management and budget
2007-for a fiscal analysis under IC 4-22-2-28 unless the estimated
2008-economic impact of the rule is greater than five hundred thousand
2009-dollars ($500,000) on all regulated entities, as set forth in
2010-IC 4-22-2-28.
2011-(4) A statement justifying any requirement or cost that is:
2012-(A) imposed on small businesses by the rule; and
2013-(B) not expressly required by:
2014-HEA 1623 — CC 1 48
2015-(i) the statute authorizing the agency to adopt the rule; or
2016-(ii) any other state or federal law.
2017-The statement required by this subdivision must include a
2018-reference to any data, studies, or analyses relied upon by the
2019-agency in determining that the imposition of the requirement or
2020-cost is necessary.
2021-(5) A regulatory flexibility analysis that considers any less
2022-intrusive or less costly alternative methods of achieving the
2023-purpose of the proposed rule. The analysis under this subdivision
2024-must consider the following methods of minimizing the economic
2025-impact of the proposed rule on small businesses:
2026-(A) The establishment of less stringent compliance or
2027-reporting requirements for small businesses.
2028-(B) The establishment of less stringent schedules or deadlines
2029-for compliance or reporting requirements for small businesses.
2030-(C) The consolidation or simplification of compliance or
2031-reporting requirements for small businesses.
2032-(D) The establishment of performance standards for small
2033-businesses instead of design or operational standards imposed
2034-on other regulated entities by the rule.
2035-(E) The exemption of small businesses from part or all of the
2036-requirements or costs imposed by the rule.
2037-If the agency has made a preliminary determination not to
2038-implement one (1) or more of the alternative methods considered,
2039-the agency shall include a statement explaining the agency's
2040-reasons for the determination, including a reference to any data,
2041-studies, or analyses relied upon by the agency in making the
2042-determination.
2043-(b) For purposes of subsection (a), a proposed rule will be fully
2044-implemented with respect to small businesses after:
2045-(1) the conclusion of any phase-in period during which:
2046-(A) the rule is gradually made to apply to small businesses or
2047-certain types of small businesses; or
2048-(B) the costs of the rule are gradually implemented; and
2049-(2) the rule applies to all small businesses that will be affected by
2050-the rule.
2051-In determining the total annual economic impact of the rule under
2052-subsection (a)(3), the agency shall consider the annual economic
2053-impact on all small businesses beginning with the first twelve (12)
2054-month period after the rule is fully implemented. The agency may use
2055-actual or forecasted data and may consider the actual and anticipated
2056-effects of inflation and deflation. The agency shall describe any
2057-HEA 1623 — CC 1 49
2058-assumptions made and any data used in determining the total annual
2059-economic impact of a rule under subsection (a)(3).
2060-(c) The agency shall:
2061-(1) publish the statement required under subsection (a) in the
2062-Indiana Register as required by IC 4-22-2-24; and
2063-(2) deliver a copy of the statement, along with the proposed rule,
2064-to the small business ombudsman not later than the date of
2065-publication under subdivision (1).
2066-SECTION 41. IC 4-22-2.1-6, AS AMENDED BY P.L.134-2021,
2067-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2068-JULY 1, 2023]: Sec. 6. (a) Not later than seven (7) days before the date
2069-of the public hearing set forth in the agency's notice under
2070-IC 4-22-2-24, the small business ombudsman shall do the following:
2071-(1) Review the proposed rule and economic impact statement
2072-submitted to the small business ombudsman by the agency under
2073-section 5(c) 5 of this chapter.
2074-(2) Submit written comments to the agency on the proposed rule
2075-and the economic impact statement prepared by the agency under
2076-section 5 of this chapter. The small business ombudsman's
2077-comments may:
2078-(A) recommend that the agency implement one (1) or more of
2079-the regulatory alternatives considered by the agency under
2080-section 5(a)(5) 5 of this chapter;
2081-(B) suggest regulatory alternatives not considered by the
2082-agency under section 5(a)(5) 5 of this chapter;
2083-(C) recommend any other changes to the proposed rule that
2084-would minimize the economic impact of the proposed rule on
2085-small businesses; or
2086-(D) recommend that the agency abandon or delay the
2087-rulemaking action until:
2088-(i) more data on the impact of the proposed rule on small
2089-businesses can be gathered and evaluated; or
2090-(ii) less intrusive or less costly alternative methods of
2091-achieving the purpose of the proposed rule can be effectively
2092-implemented with respect to small businesses.
2093-(b) Upon receipt of the small business ombudsman's written
2094-comments under subsection (a), the agency shall make the comments
2095-available:
2096-(1) for public inspection and copying at the offices of the agency
2097-under IC 5-14-3;
2098-(2) electronically through the electronic gateway administered
2099-under IC 4-13.1-2-2(a)(6) by the office of technology; and
2100-HEA 1623 — CC 1 50
2101-(3) for distribution at the public hearing required by IC 4-22-2-26.
2102-(c) Before finally adopting a rule under IC 4-22-2-29, and in the
2103-same manner that the agency considers public comments under
2104-IC 4-22-2-27, the agency must fully consider the comments submitted
2105-by the small business ombudsman under subsection (a). After
2106-considering the comments under this subsection, the agency may:
2107-(1) adopt any version of the rule permitted under IC 4-22-2-29; or
2108-(2) abandon or delay the rulemaking action as recommended by
2109-the small business ombudsman under subsection (a)(2)(D), if
2110-applicable.
2111-SECTION 42. IC 4-22-2.1-7, AS ADDED BY P.L.188-2005,
2112-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2113-JULY 1, 2023]: Sec. 7. Before an agency may act under IC 4-22-2.5
2114-IC 4-22-2.6 to readopt a rule to which the chapter applies, the agency
2115-must conduct the review required under IC 4-22-2.5-3.1.
2116-IC 4-22-2.6-4.
2117-SECTION 43. IC 4-22-2.3 IS ADDED TO THE INDIANA CODE
2118-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
2119-JULY 1, 2023]:
2120-Chapter 2.3. Transitional Provisions; Exceptions to Rulemaking
2121-Procedures
2122-Sec. 1. (a) This subsection and subsection (b) set an expiration
2123-date for rules adopted under IC 4-22-2-37.1 (as effective before
2124-July 1, 2023) or IC 4-22-2-37 (before its repeal) that at the time of
2125-adoption were permitted by law to continue in effect for an
2126-indefinite period of time. The rules to which this subsection applies
2127-include rules that were permitted to continue until another
2128-emergency rule or a final rule was adopted to replace the
2129-emergency rule or the agency repealed the emergency rule. Subject
2130-to subsections (b) and (c), the rule expires not later than:
2131- (1) October 1, 2023; or
2132-(2) if the rule is included on a list described in subsection (d),
2133-October 1, 2024;
2134-as applicable. An emergency rule that expires under this subsection
2135-may not be renewed under IC 4-22-2-37.1 (as effective after June
2136-30, 2023). If the rule meets the criteria in IC 4-22-2-37.2 for
2137-adoption as an interim rule, the rule may be adopted under
2138-IC 4-22-2-37.2.
2139-(b) The text of an emergency rule adopted under IC 4-22-2-37.1
2140-(as effective before July 1, 2023) or IC 4-22-2-37 (before its repeal)
2141-that is:
2142-(1) incorporated into a provision of the Indiana
2143-HEA 1623 — CC 1 51
2144-Administrative Code that before July 1, 2023, was amended
2145-under the procedures in IC 4-22-2-23 through IC 4-22-2-36 or
2146-IC 13-14-9 (as applicable); or
2147-(2) readopted as part of a provision of the Indiana
2148-Administrative Code that was readopted under IC 4-22-2.5
2149-(before its repeal) or IC 13-14-9.5 (before its repeal);
2150-continues in effect to the extent that the text remains part of the
2151-provision of the Indiana Administrative Code into which the
2152-emergency rule text was incorporated.
2153-(c) An emergency rule adopted under IC 4-22-2-37.1 (as
2154-effective before July 1, 2023) of the type described in sections 3
2155-through 9 of this chapter expires as provided in the applicable
2156-provisions of sections 3 through 9 of this chapter.
2157-(d) Not later than September 1, 2023, the governor may submit
2158-to the publisher a list of rules described in subsection (a) for which
2159-the expiration under this section is October 1, 2024, instead of
2160-October 1, 2023. The publisher shall publish a list submitted under
2161-this subsection in the Indiana Register.
2162-Sec. 2. Before a provisional rule adopted under IC 4-22-2-37.1
2163-(as effective after June 30, 2023) expires, the governor by executive
2164-order may authorize the extension of the provisional rule under the
2165-interim procedures in IC 4-22-2-37.2 if the governor determines
2166-and finds in the executive order that the provisional circumstances
2167-justifying the provisional rule continue to exist. A rule adopted
2168-under the authority of an extension under this section expires not
2169-later than one (1) year after the date on which the rule is published
2170-in the Indiana Register.
2171-Sec. 3. The director of the department of natural resources may
5005+the proposed interim rule under section 21 of this chapter.".
5006+Page 31, delete lines 19 through 20.
5007+Page 31, line 21, delete "(3)" and insert "(6)".
5008+Page 31, line 24, delete "expedited" and insert "interim".
5009+Page 31, line 29, delete "(2)" and insert "(3)".
5010+Page 31, line 33, delete "(e)" and insert "(f)".
5011+Page 31, line 36, delete "(f)" and insert "(g)".
5012+Page 31, line 36, delete "initial".
5013+Page 31, line 37, delete "of at least thirty (30) days in length".
5014+Page 31, line 38, delete "(e)," and insert "(f),".
5015+Page 32, line 7, delete "(g)" and insert "(h)".
5016+Page 32, line 10, after "submit the" insert "full text of the".
5017+Page 32, delete lines 18 through 19.
5018+Page 32, line 20, delete "(5)" and insert "(4)".
5019+Page 32, line 25, delete "(h)" and insert "(i)".
5020+Page 32, line 25, after "subsection" delete "(g)" and insert "(h)".
5021+Page 32, line 32, delete "(i)" and insert "(j)".
5022+Page 32, line 37, delete "(h)." and insert "(i).".
5023+Page 33, line 3, delete "(j)" and insert "(k)".
5024+Page 33, line 5, delete "An" and insert "Except as provided in
5025+IC 4-22-2.3, an".
5026+Page 33, line 6, delete "or 37.3".
5027+Page 33, line 8, after "subsection" insert "(i).".
5028+Page 33, delete lines 9 through 13.
5029+Page 33, line 14, delete "(k)" and insert "(l)".
5030+Page 33, line 14, after "subsection" delete "(l)," and insert "(m),".
5031+Page 33, line 18, delete "(h)." and insert "(i).".
5032+Page 33, line 24, delete "(l)" and insert "(m)".
5033+Page 33, line 25, delete "(k)" and insert "(l)".
5034+Page 33, delete lines 33 through 42.
5035+Delete pages 34 through 36.
5036+Page 37, delete lines 1 through 5.
5037+Page 37, line 22, delete "37.3" and insert "37.2".
5038+Page 38, line 19, delete "37.3,".
5039+Page 39, line 9, delete "37.3,".
5040+Page 39, line 16, delete "Sections 24" and insert "IC 13-14-9 and
5041+sections 24 23".
5042+Page 39, line 19, delete "Sections 24" and insert "IC 13-14-9 and
5043+sections 24 23".
5044+EH 1623—LS 7025/DI 125 118
5045+Page 39, line 23, delete "sections 24" and insert "IC 13-14-9 or
5046+sections 24 23".
5047+Page 39, line 25, delete "chapter." and insert "chapter or
5048+IC 13-14-9-9 (as applicable).".
5049+Page 40, line 9, delete "37.3,".
5050+Page 40, line 14, delete "37.3,".
5051+Page 40, line 16, delete "Sections 24" and insert "IC 13-14-9 and
5052+sections 24 23".
5053+Page 43, line 4, delete "readopted" and insert "adopted".
5054+Page 43, line 28, delete "an emergency" and insert "a provisional".
5055+Page 43, line 30, delete "emergency" and insert "provisional".
5056+Page 43, line 31, delete "expedited" and insert "interim".
5057+Page 43, line 31, delete "IC 4-22-2-37.3" and insert "IC
5058+4-22-2-37.2".
5059+Page 43, line 32, delete "emergency" and insert "provisional".
5060+Page 43, line 33, delete "emergency" and insert "provisional".
5061+Page 43, line 35, delete "June 30 of the year following the year in
5062+which the rule" and insert "one (1) year after the date on which the
5063+rules are published in the Indiana Register.".
5064+Page 43, delete lines 36 through 42, begin a new paragraph and
5065+insert:
5066+"Sec. 3. The director of the department of natural resources may
21725067 adopt interim rules under the interim rule procedures in
21735068 IC 4-22-2-37.2 to temporarily modify or suspend a rule described
21745069 in IC 14-22-2-6 (fish and wildlife rules). An interim rule authorized
21755070 under this section expires not later than one (1) year after the rule
21765071 is accepted for filing by the publisher of the Indiana Register and
21775072 may not be continued in another interim rule.
21785073 Sec. 4. The Indiana state board of education may adopt interim
21795074 rules under the interim rule procedures in IC 4-22-2-37.2 for the
21805075 provision of special education or related services to an eligible
21815076 choice scholarship student who receives an amount under
21825077 IC 20-51-4-4(a)(2). An interim rule authorized under this section
21835078 expires not later than one (1) year after the rule is accepted for
21845079 filing by the publisher of the Indiana Register and may not be
21855080 continued in another interim rule.
2186-HEA 1623 — CC 1 52
21875081 Sec. 5. The department of natural resources (or to the extent
21885082 permitted by IC 14-10-2, the natural resources commission) may
21895083 adopt interim rules under the interim rule procedures in
21905084 IC 4-22-2-37.2 to carry out the duties of the department of natural
21915085 resources under a law listed in IC 14-10-2-5. A rule described in
21925086 this section may be continued in another interim rule only if the
2193-governor determines under IC 4-22-2-37.2(c) that the policy
5087+EH 1623—LS 7025/DI 125 119
5088+governor determines under section IC 4-22-2-37.2(c) that the policy
21945089 options available to the agency are so limited that use of the
21955090 additional notice, comment, and review procedures in IC 4-22-2-23
21965091 through IC 4-22-2-36 would provide no benefit to persons
2197-regulated or otherwise affected by the rule. A rule adopted
2198-concerning the department of natural resources' discharge of
2199-duties under a law listed in IC 14-10-2-5(a)(22) expires upon the
2200-earlier of the following:
2201-(1) One (1) year after the rule is accepted by the publisher of
2202-the Indiana Register.
2203-(2) Upon the adoption of a rule under this chapter concerning
2204-the department of natural resources' discharge of duties
2205-imposed under this article.
5092+regulated or otherwise affected by the rule.
22065093 Sec. 6. The following apply to the department of financial
22075094 institutions:
22085095 (1) The department of financial institutions shall adopt rules
22095096 under the interim rule procedures in IC 4-22-2-37.2
22105097 announcing:
22115098 (A) sixty (60) days before January 1 of each odd-numbered
22125099 year in which dollar amounts under IC 24-4.5 (Uniform
22135100 Consumer Credit Code) are to change, the changes in
22145101 dollar amounts required by IC 24-4.5-1-106(2);
22155102 (B) promptly after the changes occur, changes in the Index
22165103 required by IC 24-4.5-1-106(3), including, when applicable,
22175104 the numerical equivalent of the Reference Base Index
22185105 under a revised Reference Base Index and the designation
22195106 or title of any index superseding the Index;
22205107 (C) the adjustments required under IC 24-9-2-8 concerning
22215108 high cost home loans; and
22225109 (D) the adjustments required under IC 34-55-10-2
22235110 (bankruptcy exemptions; limitations) or IC 34-55-10-2.5.
22245111 A rule described in this subdivision expires not later than
22255112 January of the next odd-numbered year after the department
22265113 of financial institutions is required to issue the rule.
22275114 (2) The department of financial institutions may adopt a rule
22285115 under the interim rule procedures in IC 4-22-2-37.2 for a rule
2229-HEA 1623 — CC 1 53
22305116 permitted under IC 24-4.4-1-101 (licensing system for
22315117 creditors and mortgage loan originators) or IC 24-4.5
22325118 (Uniform Consumer Credit Code) if the department of
2233-financial institutions declares an emergency. A rule described
2234-in this subdivision expires not later than two (2) years after
2235-the rule is effective.
5119+financial institutions declares an emergency. The rule
5120+described in this subdivision expires not later than two (2)
5121+years after the rule is effective.
22365122 (3) The department of financial institutions may adopt a rule
22375123 described in IC 34-55-10-2 (bankruptcy exemptions;
22385124 limitations) or IC 34-55-10-2.5 in conformity with the
22395125 procedures in IC 4-22-2-23 through IC 4-22-2-36 or the
22405126 interim rule procedures in IC 4-22-2-37.2. A rule described in
22415127 this subdivision adopted under IC 4-22-2-37.2 expires not
22425128 later than two (2) years after the rule is accepted for filing by
22435129 the publisher of the Indiana Register.
5130+EH 1623—LS 7025/DI 125 120
22445131 A rule described in this section may be continued in another
22455132 interim rule only if the governor determines under section
22465133 IC 4-22-2-37.2(c) that the policy options available to the agency are
22475134 so limited that use of the additional notice, comment, and review
22485135 procedures in IC 4-22-2-23 through IC 4-22-2-36 would provide no
22495136 benefit to persons regulated or otherwise affected by the rule.
22505137 Sec. 7. The Indiana utility regulatory commission may adopt
22515138 interim rules under the interim rule procedures in IC 4-22-2-37.2
22525139 pursuant to its authority under IC 8-1-1-3(g) or IC 8-1-2-113. A
22535140 rule described in this section expires not later than two (2) years
22545141 after the rule is accepted for filing by the publisher of the Indiana
22555142 Register and may not be continued in another interim rule.
22565143 Sec. 8. The Indiana board of pharmacy may adopt interim rules
22575144 under IC 4-22-2-37.2 to declare a substance is a synthetic drug if
22585145 the board finds that the substance:
22595146 (1) has been scheduled or emergency scheduled by the United
22605147 States Drug Enforcement Administration;
22615148 (2) has been scheduled, emergency scheduled, or criminalized
22625149 by another state; or
22635150 (3) has:
22645151 (A) a high potential for abuse; and
22655152 (B) no accepted medical use in treatment in the United
22665153 States or lacks accepted safety for use in treatment under
22675154 medical supervision.
22685155 In making a determination, the Indiana board of pharmacy shall
22695156 consider the factors described in IC 25-26-13-4.1. Notwithstanding
22705157 IC 4-22-2-37.2(i), a rule described in this section becomes effective
22715158 when the rule is published in the Indiana Register. A rule described
2272-HEA 1623 — CC 1 54
22735159 in this section expires not later than one (1) year after the rule is
22745160 accepted for filing by the publisher of the Indiana Register and
22755161 may not be continued in another interim rule.
2276-Sec. 9. (a) The Indiana pesticide review board may adopt
2277-interim rules under IC 4-22-2-37.2 to classify a pesticide as a
2278-restricted use pesticide, if the Indiana pesticide review board finds
2279-that adoption of the interim rule is necessary to prevent an undue
2280-and immediate hazard to persons, animals, wildlife, lands, or
2281-water, other than the pests that the pesticide is intended to prevent,
2282-destroy, control, or mitigate.
2283-(b) The Indiana pesticide review board may adopt interim rules
2284-under IC 4-22-2-37.2 to impose a restriction or requirement on the
2285-storage, distribution, use, application, or record keeping for a
2286-restricted use pesticide that is more stringent than the restriction
2287-or requirement imposed under federal law if the Indiana pesticide
2288-review board finds that weather, soil, or other conditions in
2289-Indiana impact the effectiveness or safety of the storage,
2290-distribution, use, application, or record keeping of the restricted
2291-use pesticide in a manner that differs from federal law generally.
2292-(c) The Indiana pesticide review board may adopt interim rules
2293-under IC 4-22-2-37.2 to impose a restriction or requirement on the
2294-storage, distribution, use, application, or record keeping for a
2295-restricted use or general use pesticide that is more stringent than
2296-the restriction or requirement imposed under federal law if the
2297-Indiana pesticide review board receives a written request from the
2298-registrant of the applicable pesticide.
2299-(d) Unless specifically authorized by Indiana law under
2300-IC 15-16-5-72, an interim rule authorized under this section
2301-expires on adjournment sine die of the regular session of the
2302-general assembly that begins after the rule is accepted for filing by
2303-the publisher of the Indiana Register and may not be continued in
2304-another interim rule.
2305-SECTION 44. IC 4-22-2.5 IS REPEALED [EFFECTIVE JULY 1,
2306-2023]. (Expiration and Readoption of Administrative Rules).
2307-SECTION 45. IC 4-22-2.6 IS ADDED TO THE INDIANA CODE
2308-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
2309-JULY 1, 2023]:
2310-Chapter 2.6. Expiration and Readoption of Administrative
2311-Rules
2312-Sec. 1. (a) Except as provided in this section and section 10 of
2313-this chapter, a rule expires January 1 of the fifth year after the
2314-year in which the rule takes effect, unless the rule expires or is
2315-HEA 1623 — CC 1 55
2316-repealed on an earlier date. Except for an amendment made under
2317-IC 4-22-2-38, the expiration date of a rule under this section is
2318-extended each time that a rule amending or readopting an
2319-unexpired rule takes effect. The rule, as amended or readopted,
2320-expires on January 1 of the fifth year after the year in which the
2321-amendment or readoption takes effect.
2322-(b) If the latest version of a rule became effective:
2323-(1) in calendar year 2017, the rule expires not later than
2324-January 1, 2024;
2325-(2) in calendar year 2018, the rule expires not later than
2326-January 1, 2025;
2327-(3) in calendar year 2019, the rule expires not later than
2328-January 1, 2026; or
2329-(4) in calendar year 2020, the rule expires not later than
2330-January 1, 2027.
2331-(c) If the latest version of a rule became effective before January
2332-1, 2017, and:
2333-(1) the rule was adopted by an agency established under
2334-IC 13, the rule expires not later than January 1, 2025;
2335-(2) the rule was adopted by an agency established under
2336-IC 16, the rule expires not later than January 1, 2026; or
2337-(3) the rule was adopted by an agency not described in
2338-subdivision (1) or (2), the rule expires not later than January
2339-1, 2027.
2340-(d) A readoption rulemaking action under IC 4-22-2.5 (before
2341-its repeal) or IC 13-14-9.5 (before its repeal) that became effective
2342-before July 1, 2023, is validated to the same extent as if the
2343-rulemaking action had been conducted under the procedures in
2344-this chapter.
2345-(e) The determination of whether an administrative rule expires
2346-under this chapter shall be applied at the level of an Indiana
2347-Administrative Code section.
2348-Sec. 2. An agency that has rulemaking authority may readopt a
2349-rule in anticipation of a rule's expiration under section 1 of this
2350-chapter. To readopt a rule, an agency may readopt the rule either:
2351-(1) without changes in conformity with the procedures in
2352-sections 3 through 9 of this chapter; or
2353-(2) with or without changes in conformity with the procedures
2354-in IC 4-22-2-23 through IC 4-22-2-36 (as modified by
2355-IC 13-14-9, when applicable).
2356-Sec. 3. (a) Except as provided in subsection (b), if an agency
2357-intends to readopt a rule, the agency shall, not later than January
2358-HEA 1623 — CC 1 56
2359-1 of the fourth year after the year in which the rule takes effect,
2360-provide an initial notice of the intended readoption in an electronic
2361-format designated by the publisher to legislators and legislative
2362-committees in the manner and on the schedule specified by the
2363-legislative council or the personnel subcommittee of the legislative
2364-council acting for the legislative council.
2365-(b) An agency is not required to provide the initial notice under
2366-subsection (a) for a rule described in section 1(b)(1) of this chapter.
2367-Sec. 4. (a) To readopt a rule, an agency must conduct a review
2368-of the rule to consider the continued need for the rule and whether
2369-the rule, if readopted, will meet each of the standards in
2370-IC 4-22-2-19.5 and (if applicable) the requirements for fees, fines,
2371-and civil penalties in IC 4-22-2-19.6.
2372-(b) In the review, the agency shall reexamine previous cost
2373-benefit, economic impact, fiscal impact, and regulatory burden
2374-statements prepared by the agency for the rule under IC 4-3-22-13,
2375-IC 4-3-27-12, IC 4-22-2-22.7, IC 4-22-2-22.8, IC 4-22-2-28,
2376-IC 4-22-2.1-5, or an executive order and revise the statements to
2377-reflect any change in circumstances that affect the analysis. The
2378-agency shall identify any alternative methods of achieving the
2379-purpose of the rule that are less costly or less intrusive, or that
2380-would otherwise minimize the economic impact of the proposed
2381-rule on small businesses (as defined in IC 4-22-2.1-4) and other
2382-regulated entities. The agency also shall consider the following:
2383-(1) The nature of any complaints or comments received from
2384-the public, including small businesses (as defined in
2385-IC 4-22-2.1-4), concerning the rule or the rule's
2386-implementation by the agency.
2387-(2) The complexity of the rule, including any difficulties
2388-encountered by:
2389-(A) the agency in administering the rule; or
2390-(B) small businesses (as defined in IC 4-22-2.1-4) or other
2391-regulated persons in complying with the rule.
2392-(3) The degree to which technology, economic conditions, or
2393-other factors have changed in the area affected by the rule
2394-since the last time the rule was reviewed.
2395-(c) The agency shall prepare written findings concerning the
2396-agency's determinations under this section.
2397-Sec. 5. (a) If an agency elects to readopt a rule under this
2398-chapter, the agency shall submit a notice of proposed readoption
2399-to the publisher not later than the first regular business day in
2400-September of the year preceding the year in which the rule expires
2401-HEA 1623 — CC 1 57
2402-under this chapter for publication in the Indiana Register. A
2403-separate notice must be published for each board or other person
2404-or entity with rulemaking authority.
2405-(b) The notice must include the following:
2406-(1) A general description of the subject matter of all rules
2407-proposed to be readopted.
2408-(2) A listing of rules that are proposed to be readopted, listed
2409-by their titles and subtitles only.
2410-(3) A written public comment period of thirty (30) days and
2411-instructions on how to submit written comments to the
2412-agency.
2413-(4) A request for comments on whether specific rules should
2414-be reviewed through the regular rulemaking process under
2415-IC 4-22-2-23 through IC 4-22-2-36 (as modified by IC 13-14-9,
2416-when applicable).
2417-(5) A summary of the agency's findings under section 4 of this
2418-chapter.
2419-(6) Any other information required by the publisher.
2420-(c) The agency shall submit the material in the form required by
2421-IC 4-22-2-20. The agency need not resubmit the documents
2422-required by IC 4-22-2-21 if the publisher received a copy of the
2423-documents when the rule was previously adopted or amended. The
2424-publisher shall review the material submitted under this section
2425-and determine the date that the publisher intends to include the
2426-material in the Indiana Register. After:
2427-(1) establishing the intended publication date; and
2428-(2) receiving the material as required by this section;
2429-the publisher shall assign a document control number, provide an
2430-electronic mail authorization to proceed to the agency, and publish
2431-the material on the intended publication date.
2432-Sec. 6. (a) The agency shall prepare responses to all comments
2433-received during the public comment period.
2434-(b) The agency, after considering the written comments and
2435-responses, may do the following:
2436-(1) Conduct one (1) or more additional public comment
2437-periods in the manner provided in section 5 of this chapter on
2438-one (1) or more rules within the scope of the notice of
2439-proposed readoption. If a person submits to the agency during
2440-the initial public comment period under section 5 of this
2441-chapter a written request stating a basis for considering a
2442-particular rule separately from other rules in the notice of
2443-proposed readoption, the agency may not readopt that rule
2444-HEA 1623 — CC 1 58
2445-under this chapter. The agency may readopt that rule with or
2446-without changes only through a rulemaking action initiated
2447-under IC 4-22-2-23 through IC 4-22-2-36 (as modified by
2448-IC 13-14-9, when applicable).
2449-(2) Readopt one (1) or more rules within the scope of the
2450-notice of proposed readoption without change.
2451-(3) Repeal one (1) or more rules within the scope of the notice
2452-of proposed readoption, if the need for the rule no longer
2453-exists. The adopting authority may repeal a rule without
2454-additional public comment periods under section 5 of this
2455-chapter.
2456-Sec. 7. (a) The agency shall immediately submit the rulemaking
2457-document containing the readopted rules to the publisher for filing
2458-along with documentation demonstrating that the agency has
2459-readopted the rules. The agency shall submit material in the form
2460-required by IC 4-22-2-20. The rulemaking document must make
2461-reference to the document control number assigned by the
2462-publisher.
2463-(b) If the rulemaking document complies with this section, the
2464-publisher shall:
2465-(1) accept the rule for filing; and
2466-(2) electronically record the date and time the rule is
2467-accepted.
2468-Sec. 8. A readopted rule that has been accepted for filing under
2469-section 7 of this chapter takes effect on the latest of the following
2470-dates:
2471-(1) The date that is thirty (30) days from the date and time
2472-that the rule was accepted for filing under section 7 of this
2473-chapter.
2474-(2) The effective date stated by the agency in the rule.
2475-(3) The date of compliance with every requirement
2476-established by law as a prerequisite to the readoption or
2477-effectiveness of the rule.
2478-Sec. 9. An agency that terminates a rulemaking action to
2479-readopt a rule with or without amendments shall submit a notice
2480-of withdrawal of the readoption rulemaking action in the manner
2481-provided in IC 4-22-2-41.
2482-Sec. 10. If a rule is not readopted and the governor finds that the
2483-failure to readopt the rule causes an emergency to exist, the
2484-governor may, by executive order issued before the rule's
2485-expiration date, postpone the expiration date of the rule until a
2486-date that is not later than one (1) year after the date specified in
2487-HEA 1623 — CC 1 59
2488-section 1 of this chapter.
2489-Sec. 11. The publisher shall remove all rules that have expired
2490-under this chapter from the Indiana Administrative Code.
2491-However, a rule that has expired but is readopted under this
2492-chapter (or IC 4-22-2.5 (before its repeal) or IC 13-14-9.5 (before
2493-its repeal)) may not be removed from the Indiana Administrative
2494-Code.
2495-SECTION 46. IC 5-28-17-6, AS AMENDED BY P.L.197-2021,
2496-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2497-JULY 1, 2023]: Sec. 6. The corporation shall act as the small business
2498-ombudsman. The small business ombudsman shall carry out the
2499-following duties:
2500-(1) Work with state agencies to permit increased enforcement
2501-flexibility and the ability to grant common sense exemptions for
2502-first time offenders of state rules and policies, including,
2503-notwithstanding any other law, policies for the compromise of
2504-interest and penalties related to a listed tax (as defined in
2505-IC 6-8.1-1-1) and other taxes and fees collected or administered
2506-by a state agency.
2507-(2) Work with state agencies to seek ways to consolidate forms
2508-and eliminate the duplication of paperwork, harmonize data, and
2509-coordinate due dates.
2510-(3) Coordinate with OMB (as defined in IC 4-3-22-3) to perform
2511-cost benefit analyses.
2512-(4) Work with state agencies to monitor any outdated, ineffective,
2513-or overly burdensome information requests from state agencies to
2514-small businesses.
2515-(5) Carry out the duties specified under IC 4-22-2-28 and
2516-IC 4-22-2.1 to review proposed rules and participate in
2517-rulemaking actions that affect small businesses.
2518-(6) Coordinate with the ombudsman designated under
2519-IC 13-28-3-2 and the office of voluntary compliance established
2520-by IC 13-28-1-1 to coordinate the provision of services required
2521-under IC 4-22-2-28.1 and IC 13-28-3.
2522-(7) Prepare written and electronic information for periodic
2523-distribution to small businesses describing the small business
2524-services provided by coordinators (as defined in
2525-IC 4-22-2-28.1(b)) IC 4-22-2-28.1(a)) and work with the office
2526-of technology established by IC 4-13.1-2-1 to place information
2527-concerning the availability of these services on state Internet web
2528-sites websites that the small business ombudsman or a state
2529-agency determines are most likely to be visited by small business
2530-HEA 1623 — CC 1 60
2531-owners and managers.
2532-(8) Assist in training agency coordinators who will be assigned to
2533-rules under IC 4-22-2-28.1(e). IC 4-22-2-28.1(b).
2534-(9) Investigate and attempt to resolve any matter regarding
2535-compliance by a small business with a law, rule, or policy
2536-administered by a state agency, either as a party to a proceeding
2537-or as a mediator.
2538-State agencies shall cooperate with the small business ombudsman to
2539-carry out the purpose of this section. The department of state revenue
2540-and the department of workforce development shall establish a program
2541-to distribute the information described in subdivision (7) to small
2542-businesses that are required to file returns or information with these
2543-state agencies.
2544-SECTION 47. IC 12-10.5-1-9, AS AMENDED BY P.L.123-2006,
2545-SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2546-JULY 1, 2023]: Sec. 9. (a) Before finally adopting a rule under
2547-IC 4-22-2 to implement this chapter, the division shall consult with and
2548-fully consider any comments submitted by:
2549-(1) caretakers providing care for a special needs individual under
2550-this chapter;
2551-(2) individuals with special needs receiving care from a caretaker
2552-under this chapter;
2553-(3) area agencies on aging;
2554-(4) consumers and providers of home and community based
2555-services under IC 12-10-10 and IC 12-10-11.5; and
2556-(5) any other agency, volunteer group, faith based group, or
2557-individual that the division considers appropriate;
2558-to ensure that the rule complies with the requirements set forth in
2559-subsection (b).
2560-(b) Rules adopted under this chapter must:
2561-(1) include protections for the rights, safety, and welfare of
2562-individuals with special needs receiving care from a caretaker
2563-under this chapter, including reasonable monitoring and reporting
2564-requirements;
2565-(2) serve distinct populations, including:
2566-(A) the aged;
2567-(B) persons with developmental disabilities; and
2568-(C) persons with physical disabilities;
2569-in a manner that recognizes, and appropriately responds to, the
2570-particular needs of the population;
2571-(3) not create barriers to the availability of home and community
2572-based services under IC 12-10-10 and IC 12-10-11.5 by imposing
2573-HEA 1623 — CC 1 61
2574-costly or unduly burdensome requirements on caretakers or other
2575-service providers, including:
2576-(A) requirements for proof of financial responsibility; and
2577-(B) monitoring, enforcement, reporting, or other
2578-administrative requirements; and
2579-(4) otherwise comply with IC 12-10-10, IC 12-10-11.5, and this
2580-chapter.
2581-(c) Before submitting a rule adopted under this chapter to the
2582-attorney general for final approval under IC 4-22-2-31, the division
2583-shall submit to the publisher (as defined in IC 4-22-2-3(f)) for
2584-publication in the Indiana Register the division's written response under
2585-IC 4-22-2-23 to any comments received from the parties described in
2586-subsection (a). Submissions to the publisher shall be made in the
2587-electronic format specified by the publisher.
2588-SECTION 48. IC 12-10.5-2-3, AS AMENDED BY P.L.123-2006,
2589-SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2590-JULY 1, 2023]: Sec. 3. (a) Before finally adopting a rule under
2591-IC 4-22-2 to implement this chapter, the division shall consult with and
2592-fully consider any comments submitted by:
2593-(1) continuum of care providers providing care under this chapter;
2594-(2) individuals receiving care under this chapter;
2595-(3) area agencies on aging;
2596-(4) consumers and providers of home and community based
2597-services under IC 12-10-10 and IC 12-10-11.5; and
2598-(5) any other agency, volunteer group, faith based group, or
2599-individual that the division considers appropriate;
2600-to ensure that the rule complies with the requirements set forth in
2601-subsection (b).
2602-(b) Rules adopted under this chapter must:
2603-(1) include protections for the rights, safety, and welfare of
2604-individuals receiving care under this chapter;
2605-(2) serve distinct populations, including:
2606-(A) the aged;
2607-(B) persons with developmental disabilities; and
2608-(C) persons with physical disabilities;
2609-in a manner that recognizes, and appropriately responds to, the
2610-particular needs of the population;
2611-(3) not create barriers to the availability of home and community
2612-based services under IC 12-10-10 and IC 12-10-11.5 by imposing
2613-costly or unduly burdensome requirements on continuum of care
2614-providers or other service providers, including:
2615-(A) requirements for proof of financial responsibility; and
2616-HEA 1623 — CC 1 62
2617-(B) monitoring, enforcement, reporting, or other
2618-administrative requirements; and
2619-(4) otherwise comply with IC 12-10-10, IC 12-10-11.5, and this
2620-chapter.
2621-(c) Before submitting a rule adopted under this chapter to the
2622-attorney general for final approval under IC 4-22-2-31, the division
2623-shall submit to the publisher (as defined in IC 4-22-2-3(f)) for
2624-publication in the Indiana Register the division's written response under
2625-IC 4-22-2-23 to any comments received from the parties described in
2626-subsection (a). Submissions to the publisher shall be made in the
2627-electronic format specified by the publisher.
2628-SECTION 49. IC 13-14-9-0.2 IS ADDED TO THE INDIANA
5162+Sec. 9. The Indiana pesticide review board may adopt interim
5163+rules under IC 4-22-2-37.2 to classify a pesticide as a restricted use
5164+pesticide or a pesticide for use by prescription only pending review
5165+by the general assembly, if the Indiana pesticide review board finds
5166+that:
5167+(1) the pesticide has been classified as a restricted use
5168+pesticide or a pesticide for use by prescription only by the
5169+United States Environmental Protection Agency; and
5170+(2) adoption of the interim rule is necessary to prevent an
5171+undue and immediate hazard to persons, animals, wildlife,
5172+lands, or water, other than the pests that the pesticide is
5173+EH 1623—LS 7025/DI 125 121
5174+intended to prevent, destroy, control, or mitigate.
5175+A rule described in this section expires not later than sixty (60)
5176+days after adjournment sine die of the regular session of the
5177+general assembly that occurs after the interim rule proceeding is
5178+commenced.".
5179+Delete pages 44 through 45.
5180+Page 46, delete lines 1 through 12.
5181+Page 47, line 33, delete "do the following:" and insert "meet each
5182+of the standards in IC 4-22-2-19.5 and (if applicable) the
5183+requirements for fees, fines, and civil penalties in IC 4-22-2-19.6.".
5184+Page 47, delete lines 34 through 42.
5185+Page 48, delete lines 1 through 5.
5186+Page 48, line 9, after "IC 4-3-27-12," insert "IC 4-22-2-22.7,
5187+IC 4-22-2-22.8,".
5188+Page 52, delete lines 39 through 42, begin a new paragraph and
5189+insert:
5190+"SECTION 39. IC 13-14-9-0.2 IS ADDED TO THE INDIANA
26295191 CODE AS A NEW SECTION TO READ AS FOLLOWS
26305192 [EFFECTIVE JULY 1, 2023]: Sec. 0.2. This chapter (as effective
26315193 January 1, 2023) continues to apply after June 30, 2023, to a
26325194 rulemaking action that is commenced under this chapter before
26335195 July 1, 2023.
2634-SECTION 50. IC 13-14-9-1, AS AMENDED BY P.L.133-2012,
5196+SECTION 40. IC 13-14-9-1, AS AMENDED BY P.L.133-2012,
26355197 SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26365198 JULY 1, 2023]: Sec. 1. (a) Except as provided in sections 8 and section
26375199 14 of this chapter, this chapter applies to the following:
26385200 (1) The board.
26395201 (2) The underground storage tank financial assurance board
26405202 established by IC 13-23-11-1.
26415203 (b) In addition to the requirements of IC 4-22-2 and IC 13-14-8, a
26425204 board may not adopt a rule except in accordance with this chapter.
2643-SECTION 51. IC 13-14-9-2 IS REPEALED [EFFECTIVE JULY 1,
5205+SECTION 41. IC 13-14-9-2 IS REPEALED [EFFECTIVE JULY 1,
26445206 2023]. Sec. 2. Except as provided in sections 4.5, 7, 8, and 14 of this
26455207 chapter, a board may not adopt a rule under this chapter until the board
26465208 has conducted at least two (2) public comment periods, each of which
26475209 must be at least thirty (30) days in length.
2648-SECTION 52. IC 13-14-9-3, AS AMENDED BY P.L.100-2006,
5210+SECTION 42. IC 13-14-9-3, AS AMENDED BY P.L.100-2006,
26495211 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26505212 JULY 1, 2023]: Sec. 3. (a) Except as provided in subsection (b),
26515213 Before publication of the notice described in IC 4-22-2-23, the
26525214 department shall may provide notice in the Indiana Register of the first
26535215 a public comment period required by section 2 of this chapter.
5216+EH 1623—LS 7025/DI 125 122
26545217 regarding potential rulemaking. A notice provided under this section
26555218 must do the following:
26565219 (1) Identify the authority under which the proposed rule is to be
26575220 adopted.
26585221 (2) Describe the subject matter and the basic purpose of the
2659-HEA 1623 — CC 1 63
26605222 proposed rule. The description required by this subdivision must:
26615223 (A) list all alternatives being considered by the department at
26625224 the time of the notice;
26635225 (B) state whether each alternative listed under clause (A)
26645226 creates:
26655227 (i) a restriction or requirement more stringent than a
26665228 restriction or requirement imposed under federal law; or
26675229 (ii) a restriction or requirement in a subject area in which
26685230 federal law does not impose restrictions or requirements;
26695231 (C) state the extent to which each alternative listed under
26705232 clause (A) differs from federal law;
26715233 (D) include any information known to the department about
26725234 the potential fiscal impact of each alternative under clause (A)
26735235 that creates:
26745236 (i) a restriction or requirement more stringent than a
26755237 restriction or requirement imposed under federal law; or
26765238 (ii) a restriction or requirement in a subject area in which
26775239 federal law does not impose restrictions or requirements;
26785240 and
26795241 (E) set forth the basis for each alternative listed under clause
26805242 (A).
26815243 (3) Describe the relevant statutory or regulatory requirements or
26825244 restrictions relating to the subject matter of the proposed rule that
26835245 exist before the adoption of the proposed rule.
26845246 (4) Request the submission of alternative ways to achieve the
26855247 purpose of the proposed rule.
26865248 (5) Request the submission of comments, including suggestions
26875249 of specific language for the proposed rule.
26885250 (6) Include a detailed statement of the issue to be addressed by
26895251 adoption of the proposed rule.
26905252 (b) This section does not apply to rules adopted under
26915253 IC 13-18-22-2, IC 13-18-22-3, or IC 13-18-22-4.
26925254 (c) The notice required under subsection (a) shall be published
26935255 electronically in the Indiana Register under procedures established by
26945256 the publisher.
2695-SECTION 53. IC 13-14-9-4, AS AMENDED BY P.L.218-2016,
5257+SECTION 43. IC 13-14-9-4, AS AMENDED BY P.L.218-2016,
26965258 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5259+EH 1623—LS 7025/DI 125 123
26975260 JULY 1, 2023]: Sec. 4. (a) The department shall provide notice in the
26985261 Indiana Register of the second public comment period required by
26995262 section 2 of this chapter. A notice provided under this section In
27005263 addition to the requirements of IC 4-22-2-23 and (if applicable)
27015264 IC 4-22-2-24, the notice of public comment submitted by the
2702-HEA 1623 — CC 1 64
27035265 department to the publisher must do the following:
27045266 (1) Contain the full text of the proposed rule, to the extent
27055267 required under IC 4-22-2-24(c).
27065268 (2) (1) Contain a summary of the response of the department to
27075269 written comments submitted under section 3 of this chapter,
27085270 during the first public comment period. if applicable.
27095271 (3) (2) Request the submission of comments, including
27105272 suggestions of specific amendments to the language contained in
27115273 the proposed rule.
27125274 (4) Contain the full text of the commissioner's written findings
27135275 under section 7 of this chapter, if applicable.
27145276 (5) (3) Identify each element of the proposed rule that imposes a
27155277 restriction or requirement on persons to whom the proposed rule
27165278 applies that:
27175279 (A) is more stringent than a restriction or requirement imposed
27185280 under federal law; or
27195281 (B) applies in a subject area in which federal law does not
27205282 impose a restriction or requirement.
27215283 (6) (4) With respect to each element identified under subdivision
27225284 (5), (3), identify:
27235285 (A) the environmental circumstance or hazard that dictates the
27245286 imposition of the proposed restriction or requirement to
27255287 protect human health and the environment;
27265288 (B) examples in which federal law is inadequate to provide the
27275289 protection referred to in clause (A); and
27285290 (C) the:
27295291 (i) estimated fiscal impact; and
27305292 (ii) expected benefits;
27315293 based on the extent to which the proposed rule is more
27325294 stringent than the restrictions or requirements of federal law,
27335295 or on the creation of restrictions or requirements in a subject
27345296 area in which federal law does not impose restrictions or
27355297 requirements.
27365298 (7) (5) For any element of the proposed rule that imposes a
27375299 restriction or requirement that is more stringent than a restriction
27385300 or requirement imposed under federal law or that applies in a
27395301 subject area in which federal law does not impose restrictions or
5302+EH 1623—LS 7025/DI 125 124
27405303 requirements, describe the availability for public inspection of all
27415304 materials relied upon by the department in the development of the
27425305 proposed rule, including, if applicable:
27435306 (A) health criteria;
27445307 (B) analytical methods;
2745-HEA 1623 — CC 1 65
27465308 (C) treatment technology;
27475309 (D) economic impact data;
27485310 (E) environmental assessment data;
27495311 (F) analyses of methods to effectively implement the proposed
27505312 rule; and
27515313 (G) other background data.
27525314 (b) The notice required under subsection (a):
27535315 (1) shall be published electronically in the Indiana Register under
27545316 procedures established by the publisher; and
27555317 (2) if any element of the proposed rule to which the notice relates
27565318 imposes a restriction or requirement that is more stringent than a
27575319 restriction or requirement imposed under federal law, shall be
27585320 submitted in an electronic format under IC 5-14-6 to the executive
27595321 director of the legislative services agency, who shall present the
27605322 notice to the legislative council established by IC 2-5-1.1-1.
27615323 (c) (b) If the notice provided by the department concerning a
27625324 proposed rule identifies under subsection (a)(5), an element of the
27635325 proposed rule that imposes a restriction or requirement more stringent
27645326 than a restriction or requirement imposed under federal law, the
27655327 proposed rule shall not become effective under this chapter until the
27665328 adjournment sine die of the regular session of the general assembly that
27675329 begins after the department provides the notice.
27685330 (d) (c) Subsections (b)(2) and (c) do Subsection (b) does not
27695331 prohibit or restrict the commissioner, the department, or the board
27705332 from:
27715333 (1) adopting emergency provisional rules under IC 4-22-2-37.1;
27725334 (2) taking emergency action under IC 13-14-10; or
27735335 (3) temporarily:
27745336 (A) altering ordinary operating policies or procedures; or
27755337 (B) implementing new policies or procedures;
27765338 in response to an emergency situation.
2777-SECTION 54. IC 13-14-9-4.2, AS AMENDED BY P.L.123-2006,
5339+SECTION 44. IC 13-14-9-4.2, AS AMENDED BY P.L.123-2006,
27785340 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27795341 JULY 1, 2023]: Sec. 4.2. Not less than fourteen (14) days before the
27805342 date of preliminary adoption of a proposed rule by a board, the
27815343 department shall make available to the board the fiscal impact
27825344 statement latest version of the regulatory analysis prepared by the
5345+EH 1623—LS 7025/DI 125 125
27835346 office of management and budget with respect to for the proposed rule.
27845347 under IC 4-22-2-28(e).
2785-SECTION 55. IC 13-14-9-4.5 IS AMENDED TO READ AS
5348+SECTION 45. IC 13-14-9-4.5 IS AMENDED TO READ AS
27865349 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 4.5. (a) Except for a
27875350 rule
2788-HEA 1623 — CC 1 66
27895351 (1) that has been preliminarily adopted by a board in a form that
27905352 is:
27915353 (A) (1) identical to; or
27925354 (B) (2) not substantively different from;
27935355 the proposed rule published in a second notice under section 4 of
27945356 this chapter; or
27955357 (2) for which the commissioner has made a determination and
27965358 prepared written findings under section 7 or 8 of this chapter;
2797-IC 4-22-2-23 or (if applicable) IC 4-22-2-24,
5359+IC 4-22-2-23 or (if applicable) IC 4-22-2-24;
27985360 a board may not adopt a rule under this chapter until the board has
27995361 conducted a third an additional public comment period that is at least
28005362 twenty-one (21) thirty (30) days in length.
28015363 (b) The department shall publish notice of a third an additional
28025364 public comment period with the
28035365 (1) text;
28045366 (2) summary; and
28055367 (3) fiscal analysis;
28065368 information that are is required to be published in the Indiana Register
28075369 under section 5(a)(2) of this chapter.
28085370 (c) The notice of a third public comment period that must be
28095371 published in the Indiana Register under subsection (b) must request the
28105372 submission of comments, including suggestions of specific
28115373 amendments, that concern only the portion of the preliminarily adopted
28125374 rule that is substantively different from the language contained in the
28135375 proposed rule published in a second notice under section 4 of this
28145376 chapter.
2815-SECTION 56. IC 13-14-9-5, AS AMENDED BY P.L.123-2006,
5377+SECTION 46. IC 13-14-9-5, AS AMENDED BY P.L.123-2006,
28165378 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28175379 JULY 1, 2023]: Sec. 5. (a) A board may not adopt a rule until all of the
28185380 following occur:
28195381 (1) The board holds a board meeting on the proposed rule.
28205382 (2) The department, after approval of the proposed rule by the
28215383 board under subsection (c), publishes the following information
28225384 in the Indiana Register as provided in IC 4-22-2-24(c):
28235385 (A) The full text of the proposed rule, including any
28245386 amendments arising from the comments received before or
28255387 during the meeting held under subdivision (1).
5388+EH 1623—LS 7025/DI 125 126
28265389 (B) A summary of the response of the department to all
28275390 comments received at the meeting held under subdivision (1).
28285391 (C) For a proposed rule with an estimated economic impact on
28295392 regulated entities that is greater than five hundred thousand
28305393 dollars ($500,000), a copy of the office of management and
2831-HEA 1623 — CC 1 67
28325394 budget fiscal analysis required under IC 4-22-2-28. required
28335395 by section 4 of this chapter. However, a notice of an
28345396 additional public comment period under section 4.5 of this
28355397 chapter must request the submission of comments,
28365398 including suggestions of specific amendments, that concern
28375399 only the portion of the preliminarily adopted rule that is
28385400 substantively different from the language contained in the
28395401 proposed rule published in the immediately preceding
28405402 notice under section 4 or (if applicable) 4.5 of this chapter.
28415403 (3) The board, after publication of the notice under subdivision
28425404 (2), holds another board meeting on the proposed rule.
28435405 (4) If a third an additional public comment period is required
28445406 under section 4.5 of this chapter, the department publishes notice
28455407 of the third additional public comment period in the Indiana
28465408 Register.
28475409 (b) Board meetings held under subsection (a)(1) and (a)(3) shall be
28485410 conducted in accordance with IC 4-22-2-26(b) through
28495411 IC 4-22-2-26(d).
28505412 (c) At a board meeting held under subsection (a)(1), the board shall
28515413 determine whether the proposed rule will:
28525414 (1) proceed to publication under subsection (a)(2);
28535415 (2) be subject to additional comments under section 3 or 4 4.5 of
28545416 this chapter; considering any written finding made by the
28555417 commissioner under section 7 or 8 of this chapter; or
28565418 (3) be reconsidered at a subsequent board meeting in accordance
28575419 with IC 4-22-2-26(d).
2858-SECTION 57. IC 13-14-9-6, AS AMENDED BY P.L.123-2006,
5420+SECTION 47. IC 13-14-9-6, AS AMENDED BY P.L.123-2006,
28595421 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28605422 JULY 1, 2023]: Sec. 6. In addition to the requirements of section 8 of
28615423 this chapter, The department shall include the following in the written
28625424 materials to be considered at the board meetings held under section
28635425 5(a)(1) and 5(a)(3) of this chapter:
28645426 (1) The full text of the proposed rule, as most recently prepared
28655427 by the department.
28665428 (2) The written responses of the department to all comments
28675429 received:
2868-(A) during the immediately preceding public comment period
2869-for a board meeting held under section 5(a)(1) of this chapter;
5430+(A) during the immediately preceding comment period for a
5431+EH 1623—LS 7025/DI 125 127
5432+board meeting held under section 5(a)(1) of this chapter;
28705433 (B) during the immediately preceding board meeting under
28715434 section 5(a)(1) of this chapter for a board meeting held under
28725435 section 5(a)(3) of this chapter if a third an additional public
28735436 comment period is not required under section 4.5 of this
2874-HEA 1623 — CC 1 68
28755437 chapter; or
28765438 (C) during:
28775439 (i) a third an additional public comment period that address
28785440 the portion of the preliminarily adopted rule that is
28795441 substantively different from the language contained in the
28805442 proposed rule published in a second notice under section 4
28815443 of this chapter; and
28825444 (ii) the immediately preceding board meeting held under
28835445 section 5(a)(1) of this chapter;
28845446 for a board meeting held under section 5(a)(3) of this chapter
28855447 if a third an additional public comment period is required
28865448 under section 4.5 of this chapter.
28875449 (3) The full text of the office of management and budget fiscal
2888-latest version of the regulatory analysis if a fiscal analysis is
5450+latest version of regulatory analysis if a fiscal analysis is
28895451 required under IC 4-22-2-28. provided to the budget agency and
28905452 the office of management and budget under IC 4-22-2-22.8.
2891-SECTION 58. IC 13-14-9-7 IS REPEALED [EFFECTIVE JULY 1,
5453+SECTION 48. IC 13-14-9-7 IS REPEALED [EFFECTIVE JULY 1,
28925454 2023]. Sec. 7. (a) Unless a board determines under section 5(c)(2) of
28935455 this chapter that a proposed rule should be subject to additional
28945456 comments, section 3 of this chapter does not apply to a rulemaking
28955457 action if the commissioner determines that the rulemaking policy
28965458 alternatives available to the department are so limited that the public
28975459 notice and comment period under section 3 of this chapter would
28985460 provide no substantial benefit to:
28995461 (1) the environment; or
29005462 (2) persons to be regulated or otherwise affected by the proposed
29015463 rule.
29025464 (b) If the commissioner makes a determination under subsection (a),
29035465 the commissioner shall prepare written findings under this section. The
29045466 full text of the commissioner's written findings shall be included in the
29055467 public notice provided under section 4 of this chapter.
2906-SECTION 59. IC 13-14-9-8, AS AMENDED BY P.L.6-2012,
5468+SECTION 49. IC 13-14-9-8, AS AMENDED BY P.L.6-2012,
29075469 SECTION 103, IS AMENDED TO READ AS FOLLOWS
29085470 [EFFECTIVE JULY 1, 2023]: Sec. 8. (a) Except as provided in
29095471 subsection (g), unless a board determines that a proposed rule should
29105472 be subject to additional comments or makes a determination described
29115473 in subsection (f), sections 2 through 7 and sections 9 through 14 of this
5474+EH 1623—LS 7025/DI 125 128
29125475 chapter do not apply to a rulemaking action if the commissioner
29135476 determines that:
29145477 (1) the proposed rule constitutes:
29155478 (A) an adoption or incorporation by reference of a federal law,
29165479 regulation, or rule that:
2917-HEA 1623 — CC 1 69
29185480 (i) is or will be applicable to Indiana; and
29195481 (ii) contains no amendments that have a substantive effect
29205482 on the scope or intended application of the federal law or
29215483 rule;
29225484 (B) a technical amendment with no substantive effect on an
29235485 existing Indiana rule; or
29245486 (C) an amendment to an existing Indiana rule, the primary and
29255487 intended purpose of which is to clarify the existing rule; and
29265488 (2) the proposed rule is of such nature and scope that there is no
29275489 reasonably anticipated benefit to the environment or the persons
29285490 referred to in section 7(a)(2) of this chapter from the following:
29295491 (A) Exposing the proposed rule to diverse public comment
29305492 under section 3 or 4 of this chapter.
29315493 (B) Affording interested or affected parties the opportunity to
29325494 be heard under section 3 or 4 of this chapter.
29335495 (C) Affording interested or affected parties the opportunity to
29345496 develop evidence in the record collected under sections 3 and
29355497 4 of this chapter.
29365498 (b) If the commissioner makes a determination under subsection (a),
29375499 the commissioner shall prepare written findings under this section. The
29385500 full text of the commissioner's written findings shall be included in:
29395501 (1) the notice of adoption of the proposed rule; and
29405502 (2) the written materials to be considered by the board at the
29415503 public hearing held under this section.
29425504 (c) The notice of adoption of a proposed rule under this section
29435505 must:
29445506 (1) be published in the Indiana Register; and
29455507 (2) include the following:
29465508 (A) Draft rule language that includes the language described
29475509 in subsection (a)(1).
29485510 (B) A written comment period of at least thirty (30) days.
29495511 (C) A notice of public hearing before the appropriate board.
29505512 (d) The department shall include the following in the written
29515513 materials to be considered by the board at the public hearing referred
29525514 to in subsection (c):
29535515 (1) The full text of the proposed rule as most recently prepared by
29545516 the department.
5517+EH 1623—LS 7025/DI 125 129
29555518 (2) Written responses of the department to written comments
29565519 received during the comment period referred to in subsection (c).
29575520 (3) The commissioner's findings under subsection (b).
29585521 (e) At the public hearing referred to in subsection (c), the board
29595522 may:
2960-HEA 1623 — CC 1 70
29615523 (1) adopt the proposed rule;
29625524 (2) adopt the proposed rule with amendments;
29635525 (3) reject the proposed rule;
29645526 (4) determine that additional public comment is necessary; or
29655527 (5) determine to reconsider the proposed rule at a subsequent
29665528 board meeting.
29675529 (f) If the board determines under subsection (e) that additional
29685530 public comment is necessary, the department shall publish a second
29695531 notice in accordance with section 4 of this chapter and complete the
29705532 rulemaking in accordance with this chapter.
29715533 (g) If the board adopts the proposed rule with amendments under
29725534 subsection (e)(2), the amendments must meet the logical outgrowth
29735535 requirements of section 10 of this chapter, except that the board, in
29745536 determining whether the amendments are a logical outgrowth of
29755537 comments provided to the board, and in considering whether the
29765538 language of comments provided to the board fairly apprised interested
29775539 persons of the specific subjects and issues contained in the
29785540 amendments, shall consider the comments provided to the board at the
29795541 public hearing referred to in subsection (c)(2)(C).
29805542 (h) This subsection applies to that part of a rule adopted under this
29815543 section that directly corresponds to and is based on a federal law, rule,
29825544 or regulation that is stayed or repealed, invalidated, vacated, or
29835545 otherwise nullified by a legislative, an administrative, or a judicial
29845546 action described in subdivision (1), (2), or (3). If:
29855547 (1) a proposed rule is adopted by a board under subsection (e)(1)
29865548 based on a determination by the commissioner under subsection
29875549 (a)(1)(A) and the federal law, rule, or regulation on which the
29885550 adopted rule is based is later repealed or otherwise nullified by
29895551 legislative or administrative action, then that part of the adopted
29905552 rule that corresponds to the repealed or nullified federal law, rule,
29915553 or regulation is void as of the effective date of the legislative or
29925554 administrative action repealing or otherwise nullifying the federal
29935555 law, rule, or regulation;
29945556 (2) a board adopts a proposed rule under subsection (e)(1) that is
29955557 based on a determination by the commissioner under subsection
29965558 (a)(1)(A) and the federal law, rule, or regulation on which the
29975559 adopted rule is based is later invalidated, vacated, or otherwise
5560+EH 1623—LS 7025/DI 125 130
29985561 nullified by a judicial decree, order, or judgment of a state or
29995562 federal court whose decisions concerning such matters have force
30005563 and effect in Indiana:
30015564 (A) then that part of the rule that corresponds to the
30025565 invalidated, vacated, or otherwise nullified federal law, rule,
3003-HEA 1623 — CC 1 71
30045566 or regulation shall not be enforced by the commissioner or any
30055567 other person during the time in which an appeal of the judicial
30065568 decree, order, or judgment can be commenced or is pending;
30075569 and
30085570 (B) either:
30095571 (i) that part of the adopted rule that corresponds to the
30105572 invalidated, vacated, or otherwise nullified federal law, rule,
30115573 or regulation is void as of the date that the judicial decree,
30125574 order, or judgment becomes final and unappealable; or
30135575 (ii) enforcement of the adopted rule is restored if the judicial
30145576 decree, order, or judgment is reversed, vacated, or otherwise
30155577 nullified on appeal; and
30165578 (3) the If the commissioner determines that a federal law,
30175579 regulation, or rule:
30185580 (1) that is the basis of a rule that is adopted under subsection
30195581 (e)(1) by the board; and based on a determination by the
30205582 commissioner under subsection (a)(1)(A)
30215583 (2) is stayed by an administrative or a judicial order pending
30225584 an administrative or a judicial action regarding the validity of
30235585 the federal law, rule, or regulation;
30245586 the commissioner may suspend the enforcement of that part of the
30255587 adopted rule that corresponds to the stayed federal law, rule, or
30265588 regulation while the stay is in force.
3027-SECTION 60. IC 13-14-9-9 IS AMENDED TO READ AS
5589+SECTION 50. IC 13-14-9-9 IS AMENDED TO READ AS
30285590 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 9. After complying
30295591 with sections 2 4 through 8 6 of this chapter, the board may, at the
30305592 board meeting held under section 5(a)(3) of this chapter:
30315593 (1) adopt a rule that is identical to the proposed rule published
3032-under section 5(a)(2) of this chapter or with amendments that
3033-meet the substantially similar or logical outgrowth
3034-requirements of IC 4-22-2-29(c);
5594+under section 5(a)(2) of this chapter;
30355595 (2) adopt the proposed rule with amendments that meet the
30365596 criteria set forth in section 10 of this chapter;
30375597 (3) (2) recommend amendments to the proposed rule; that do not
30385598 meet the criteria set forth in section 10 of this chapter;
30395599 (4) (3) reject the proposed rule; or
30405600 (5) (4) reconsider the proposed rule at a subsequent board
30415601 meeting in accordance with IC 4-22-2-26(d).
3042-SECTION 61. IC 13-14-9-10 IS REPEALED [EFFECTIVE JULY
5602+SECTION 51. IC 13-14-9-10 IS REPEALED [EFFECTIVE JULY
5603+EH 1623—LS 7025/DI 125 131
30435604 1, 2023]. Sec. 10. (a) A board may amend a proposed rule at a board
30445605 meeting held under section 5(a)(3) of this chapter and adopt the
30455606 amended rule under section 9(2) of this chapter if the amendments are
3046-HEA 1623 — CC 1 72
30475607 a logical outgrowth of:
30485608 (1) the proposed rule as published under section 5(a)(2) of this
30495609 chapter; and
30505610 (2) any comments provided to the board at the meeting held under
30515611 section 5(a)(3) of this chapter.
30525612 (b) In determining, for the purposes of this section, whether an
30535613 amendment is a logical outgrowth of the proposed rule and any
30545614 comments, the board shall consider:
30555615 (1) whether the language of:
30565616 (A) the proposed rule as published under section 5(a)(2) of
30575617 this chapter; and
30585618 (B) any comments provided to the board at the meeting held
30595619 under section 5(a)(3) of this chapter;
30605620 fairly apprised interested persons of the specific subjects and
30615621 issues contained in the amendment; and
30625622 (2) whether the interested parties were allowed an adequate
30635623 opportunity to be heard by the board.
3064-SECTION 62. IC 13-14-9-11 IS AMENDED TO READ AS
5624+SECTION 52. IC 13-14-9-11 IS AMENDED TO READ AS
30655625 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. If the board
30665626 recommends amendments to a proposed rule under section 9(3) 9(2) of
30675627 this chapter, the full text of the proposed rule and accompanying
30685628 amendments shall be published in accordance with section 5(a)(2) of
30695629 this chapter. After that publication, the board shall hold another board
30705630 meeting on the proposed rule under section 5(a)(3) of this chapter.
3071-SECTION 63. IC 13-14-9-12, AS AMENDED BY P.L.204-2007,
5631+SECTION 53. IC 13-14-9-12, AS AMENDED BY P.L.204-2007,
30725632 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30735633 JULY 1, 2023]: Sec. 12. The board may reject a proposed rule under
30745634 section 9(4) 9 of this chapter if one (1) of the following conditions
30755635 exists:
30765636 (1) The following occurs or has occurred:
30775637 (A) under section 8 of this chapter, sections 3 and 4 of this
30785638 chapter did not apply to the proposed rule; and
30795639 (B) either:
30805640 (i) (1) The board determines that necessary amendments to
30815641 the proposed rule will affect persons that reasonably require
30825642 an opportunity to comment under section 4 of this chapter.
30835643 considering the criteria set forth in section 8(a)(2) of this
30845644 chapter; or
30855645 (ii) (2) The board determines that due to the fundamental or
5646+EH 1623—LS 7025/DI 125 132
30865647 inherent structure or content of the proposed rule, the only
30875648 reasonably anticipated method of developing a rule
30885649 acceptable to the board is to require the department to
3089-HEA 1623 — CC 1 73
30905650 redraft the rule and to obtain the public comments under
30915651 section 4 of this chapter.
30925652 (2) The following occurs or has occurred:
30935653 (A) the proposed rule was subject to sections 3 and 4 of this
30945654 chapter; and
30955655 (B) either:
30965656 (i) the board makes a determination set forth in subdivision
30975657 (1)(B)(i) or (1)(B)(ii); or
30985658 (ii) (3) The board determines that, due to a procedural or
30995659 other defect in the implementation of the applicable
31005660 rulemaking requirements, under sections 3 and 4 of this
31015661 chapter, an interested or affected party will be unfairly and
31025662 substantially prejudiced if the public comment period under
31035663 section 4 of this chapter is not again afforded and that no
31045664 reasonable alternative method to obtain public comments is
31055665 available to the interested or affected party other than the
31065666 public comment period under section 4 of this chapter.
3107-SECTION 64. IC 13-14-9-14, AS AMENDED BY P.L.133-2012,
5667+SECTION 54. IC 13-14-9-14, AS AMENDED BY P.L.133-2012,
31085668 SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31095669 JULY 1, 2023]: Sec. 14. (a) Except as provided in subsection (g),
31105670 sections 1 through 13 of this chapter do not apply to a rule adopted
31115671 under this section.
31125672 (b) The board may use the procedures in this section to adopt a rule
31135673 to establish new water quality standards for a community served by a
31145674 combined sewer that has:
31155675 (1) an approved long term control plan; and
31165676 (2) an approved use attainability analysis that supports the use of
31175677 a CSO wet weather limited use subcategory established under
31185678 IC 13-18-3-2.5.
31195679 (c) After the department approves the long term control plan and use
31205680 attainability analysis, the department shall publish in the Indiana
31215681 Register a notice of adoption of a proposed rule to establish a CSO wet
31225682 weather limited use subcategory for the area defined by the approved
31235683 use attainability analysis.
31245684 (d) The notice under subsection (c) must include the following:
31255685 (1) Suggested rule language that amends the designated use to
31265686 allow for a CSO wet weather limited use subcategory in
31275687 accordance with IC 13-18-3-2.5.
31285688 (2) A written comment period of at least thirty (30) days.
5689+EH 1623—LS 7025/DI 125 133
31295690 (3) A notice of public hearing before the board.
31305691 (e) The department shall include the following in the written
31315692 materials to be considered by the board at the public hearing referred
3132-HEA 1623 — CC 1 74
31335693 to in subsection (d)(3):
31345694 (1) The full text of the proposed rule as most recently prepared by
31355695 the department.
31365696 (2) Written responses of the department to written comments
31375697 received during the comment period referred to in subsection
31385698 (d)(2).
31395699 (3) The letter prepared by the department approving the long term
31405700 control plan and use attainability analysis.
31415701 (f) At the public hearing referred to in subsection (d)(3), the board
31425702 may:
31435703 (1) adopt the proposed rule to establish a new water quality
31445704 standard amending the designated use to allow for a CSO wet
31455705 weather limited use subcategory;
31465706 (2) adopt the proposed rule with amendments;
31475707 (3) reject the proposed rule; or
31485708 (4) determine to reconsider the proposed rule at a subsequent
31495709 board meeting.
31505710 (g) If the board adopts the proposed rule with amendments under
31515711 subsection (f)(2), the amendments must meet the substantially similar
31525712 or logical outgrowth requirements of section 10 of this chapter, except
31535713 that IC 4-22-2-29(c). The board, in determining whether the
31545714 amendments are a logical outgrowth of comments provided to the
31555715 board, and in considering whether the language of comments provided
31565716 to the board fairly apprised interested persons of the specific subjects
31575717 and issues contained in the amendments, shall consider the comments
31585718 provided to the board at the public hearing referred to in subsection
31595719 (d)(3).
31605720 (h) The department shall submit a new water quality standard
31615721 established in a rule adopted under subsection (f) to the United States
31625722 Environmental Protection Agency for approval.
3163-SECTION 65. IC 13-14-9-15 IS ADDED TO THE INDIANA
5723+SECTION 55. IC 13-14-9-15 IS ADDED TO THE INDIANA
31645724 CODE AS A NEW SECTION TO READ AS FOLLOWS
31655725 [EFFECTIVE JULY 1, 2023]: Sec. 15. Rules adopted in accordance
31665726 with this chapter by the department of environmental management
31675727 or a board that has rulemaking authority under this title expire as
31685728 provided in IC 4-22-2.6.
3169-SECTION 66. IC 13-14-9-16 IS ADDED TO THE INDIANA
5729+SECTION 56. IC 13-14-9-16 IS ADDED TO THE INDIANA
31705730 CODE AS A NEW SECTION TO READ AS FOLLOWS
31715731 [EFFECTIVE JULY 1, 2023]: Sec. 16. (a) For a rule document
5732+EH 1623—LS 7025/DI 125 134
31725733 subject to this chapter, the one (1) year period established under
31735734 IC 4-22-2-25 in which to adopt a rule and obtain the approval or
31745735 deemed approval of the governor commences on the date that the
3175-HEA 1623 — CC 1 75
3176-initial public comment period notice for the rule document is
3177-published in the Indiana Register under section 4 of this chapter.
5736+initial comment period notice for the rule document is published in
5737+the Indiana Register under section 4 of this chapter.
31785738 (b) If an agency determines that a rule cannot be adopted within
31795739 one (1) year after the publication of the notice, the department
31805740 shall, before two hundred fifty (250) days following the publication
31815741 of the notice, notify the publisher by electronic means:
31825742 (1) the reasons why the rule was not adopted and the expected
31835743 date the rule will be completed; and
31845744 (2) the expected date the rule will be approved or deemed
31855745 approved by the governor or withdrawn under IC 4-22-2-41.
31865746 (c) If a rule is not approved before the later of:
31875747 (1) one (1) year after the department publishes the initial
31885748 notice of intent under this chapter; or
31895749 (2) the expected date contained in a notice concerning the rule
31905750 that is provided to the publisher under subsection (b);
31915751 a later approval or deemed approval is ineffective, and the rule
31925752 may become effective only through another rulemaking action
3193-initiated under this chapter.
3194-SECTION 67. IC 13-14-9.5 IS REPEALED [EFFECTIVE JULY 1,
3195-2023]. (Expiration and Readoption of Administrative Rules).
3196-SECTION 68. IC 13-19-3-3, AS AMENDED BY P.L.120-2022,
3197-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3198-UPON PASSAGE]: Sec. 3. (a) As used in this section and section 3.1
3199-of this chapter, "coal combustion residuals" means fly ash, bottom ash,
3200-boiler slag, and flue gas desulfurization materials generated from
3201-burning coal for the purpose of generating electricity by electric
3202-utilities and independent power producers.
3203-(b) As used in The following definitions apply throughout this
3204-section:
3205-(1) "Federal CCR rule" refers to 40 CFR 257, Subpart D, the
3206-federal standards for the disposal of coal combustion residuals in
3207-landfills and surface impoundments.
3208-(2) "Legacy generation resource" means an electric
3209-generating facility that is directly or indirectly owned by a
3210-corporation that was originally formed for the purpose of
3211-providing power to the federal government for use in the
3212-nation's defense or in furtherance of national interests. The
3213-term includes the Ohio Valley Electric Corporation.
3214-(c) The board may shall adopt rules under section 1(a)(1) of this
3215-chapter concerning coal combustion residuals. The rules adopted
3216-under this subsection:
3217-(1) that are shall be consistent with the regulations of the United
3218-HEA 1623 — CC 1 76
3219-States Environmental Protection Agency concerning standards for
3220-the disposal of coal combustion residuals in landfills and surface
3221-impoundments, as set forth in the federal CCR rule;
3222-(2) shall not impose a restriction or requirement that is more
3223-stringent than the corresponding restriction or requirement
3224-imposed under the federal CCR rule; and
3225-(3) shall not impose a restriction or requirement that is not
3226-imposed by the federal CCR rule.
3227-(d) The department shall do the following:
3228-(1) Establish a state permit program under Section 2301 of the
3229-federal Water Infrastructure Improvements for the Nation Act (42
3230-U.S.C. 6945(d)) for the implementation in Indiana of the federal
3231-CCR rule.
3232-(2) Submit to the administrator of the United States
3233-Environmental Protection Agency under 42 U.S.C. 6945(d)(1)(A)
3234-evidence of the state permit program.
3235-(3) Take other necessary or appropriate actions to obtain approval
3236-of the state permit program.
3237-(e) Not later than May 15, 2021, the department shall notify the
3238-United States Environmental Protection Agency of its intention to
3239-establish a state permit program described in subsection (d)(1) and to
3240-seek approval of the state permit program under 42 U.S.C. 6945(d)(1).
3241-(f) Under IC 4-22-2 and IC 13-14-9:
3242-(1) the department shall initiate rulemaking for the establishment
3243-of the state permit program not more than sixty (60) days after the
3244-effective date of the SECTION of Senate Enrolled Act 271-2021
3245-amending this section; and
3246-(2) the board shall adopt a final rule for the establishment of the
3247-state permit program not more than sixteen (16) months after
3248-initiation of the rulemaking under subdivision (1).
3249-(g) The state permit program established under this section must not
3250-establish requirements for any surface impoundment of coal
3251-combustion residuals unless and until the state permit program is
3252-approved by the administrator of the United States Environmental
3253-Protection Agency under 42 U.S.C. 6945(d)(1). The authority of the
3254-department to establish requirements under the state permit
3255-program established under this section is the only authority the
3256-department has to establish requirements for a surface
3257-impoundment of coal combustion residuals located on the grounds
3258-of a legacy generation resource.
3259-(h) The definitions set forth in Section 257.53 of the federal CCR
3260-rule, as in effect January 1, 2021, apply throughout subsection (i).
3261-HEA 1623 — CC 1 77
3262-(i) The department shall charge the following fees under the state
3263-permit program established under this section:
3264-(1) An initial one (1) time permit fee of twenty thousand five
3265-hundred dollars ($20,500) for each surface impoundment of coal
3266-combustion residuals regulated under the state permit program.
3267-(2) An annual fee of twenty thousand five hundred dollars
3268-($20,500) for each surface impoundment of coal combustion
3269-residuals regulated under the state permit program that has not
3270-completed closure in accordance with Section 257.102 of the
3271-federal CCR rule. The duty to pay the fee established by this
3272-subdivision does not apply on an annual basis until three hundred
3273-sixty-five (365) days after the initial one (1) time permit fee
3274-established by subdivision (1) has been assessed.
3275-(3) An annual fee of ten thousand dollars ($10,000) for each
3276-surface impoundment of coal combustion residuals regulated
3277-under the state permit program that has been closed and for which
3278-post-closure care has been initiated and is still required in
3279-accordance with Section 257.104 of the federal CCR rule. The
3280-duty to pay the fee established by this subdivision does not apply
3281-on an annual basis until three hundred sixty-five (365) days after
3282-the initial one (1) time permit fee established by subdivision (1)
3283-has been assessed.
3284-Fees collected under this subsection shall be deposited in the CCR
3285-program fund established by section 3.2 of this chapter.
3286-(j) Not later than July 1, 2027, and before the end of each
3287-succeeding period of five (5) years, the board shall review the:
3288-(1) costs to the department of operating the state permit program
3289-established under this section; and
3290-(2) revenue from the fees charged under subsection (i);
3291-as provided in IC 13-16-1-4. If the board determines that the revenue
3292-described in subdivision (2) is inadequate or excessive in relation to the
3293-costs described in subdivision (1), the board shall, under IC 13-16-1-2,
3294-change the amount of one (1) or more of the fees established under
3295-subsection (i).
3296-(k) Upon the effective date that the board adopts rules to implement
3297-the federal CCR rule and subject to subsection (i), annual fees for CCR
3298-landfills that were previously regulated as restricted waste sites shall
3299-be deposited in the CCR program fund established by section 3.2 of
3300-this chapter.
3301-SECTION 69. IC 14-10-2-5, AS AMENDED BY HEA 1626-2023,
3302-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5753+initiated under this chapter.".
5754+Delete pages 53 through 61.
5755+Page 62, delete lines 1 through 9.
5756+Page 64, between lines 30 and 31, begin a new paragraph and insert:
5757+"SECTION 51. IC 14-10-2-5, AS AMENDED BY P.L.164-2020,
5758+SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33035759 JULY 1, 2023]: Sec. 5. (a) The department may adopt emergency rules
3304-HEA 1623 — CC 1 78
33055760 under IC 4-22-2-37.1 IC 4-22-2 to carry out the duties of the
33065761 department under the following:
33075762 (1) IC 14-9.
33085763 (2) This article.
33095764 (3) IC 14-11.
33105765 (4) IC 14-12-2.
33115766 (5) IC 14-14.
33125767 (6) IC 14-15.
33135768 (7) IC 14-17-3.
33145769 (8) IC 14-18, except IC 14-18-6 and IC 14-18-8.
33155770 (9) IC 14-19-1 and IC 14-19-8.
33165771 (10) IC 14-21.
33175772 (11) IC 14-22-3, IC 14-22-4, and IC 14-22-5.
33185773 (12) IC 14-23-1.
33195774 (13) IC 14-24.
5775+EH 1623—LS 7025/DI 125 135
33205776 (14) IC 14-25, except IC 14-25-8-3 and IC 14-25-13.
33215777 (15) IC 14-26.
33225778 (16) IC 14-27.
33235779 (17) IC 14-28.
33245780 (18) IC 14-29.
33255781 (19) IC 14-35-1, IC 14-35-2, and IC 14-35-3.
33265782 (20) IC 14-37.
33275783 (21) IC 14-38, except IC 14-38-3.
3328-(22) IC 14-39.
33295784 (b) A An emergency rule adopted under subsection (a) (as effective
33305785 before July 1, 2023) expires not later than one (1) year after the rule
33315786 is accepted for filing by the publisher of the Indiana Register.
33325787 (c) A person who violates:
33335788 (1) an emergency rule adopted by the department under
33345789 IC 4-22-2-37.1 before July 1, 2023; or
33355790 (2) an interim rule adopted by the department under
33365791 IC 4-22-2-37.2 after June 30, 2023;
33375792 to carry out a provision described in subsection (a) commits a Class
33385793 C infraction, unless otherwise specified under state law.
3339-SECTION 70. IC 15-16-4-0.3 IS ADDED TO THE INDIANA
3340-CODE AS A NEW SECTION TO READ AS FOLLOWS
3341-[EFFECTIVE JULY 1, 2023]: Sec. 0.3. The definitions in IC 15-16-5
3342-apply throughout this chapter.
3343-SECTION 71. IC 15-16-4-15.5 IS ADDED TO THE INDIANA
3344-CODE AS A NEW SECTION TO READ AS FOLLOWS
3345-[EFFECTIVE JULY 1, 2023]: Sec. 15.5. As used in this chapter,
3346-"general use pesticide" means a pesticide that is not a restricted
3347-HEA 1623 — CC 1 79
3348-use pesticide.
3349-SECTION 72. IC 15-16-4-31 IS REPEALED [EFFECTIVE JULY
3350-1, 2023]. Sec. 31. As used in this chapter, "pesticide for use by
3351-prescription only" means any pesticide that the board has found to be
3352-more hazardous than a restricted use pesticide so that any specific use
3353-and application must be determined and prescribed by a qualified pest
3354-management specialist approved by the state chemist.
3355-SECTION 73. IC 15-16-4-37, AS ADDED BY P.L.2-2008,
5794+SECTION 52. IC 15-16-4-31, AS ADDED BY P.L.2-2008,
5795+SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5796+JULY 1, 2023]: Sec. 31. As used in this chapter, "pesticide for use by
5797+prescription only" means any pesticide that:
5798+(1) the board has found to be more hazardous than a restricted use
5799+pesticide so that any specific use and application must be
5800+determined and prescribed by a qualified pest management
5801+specialist approved by the state chemist; and
5802+(2) is designated as a pesticide for use by prescription only in
5803+a rule of the board or a law enacted by the general assembly.
5804+SECTION 53. IC 15-16-4-37, AS ADDED BY P.L.2-2008,
33565805 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33575806 JULY 1, 2023]: Sec. 37. As used in this chapter, "restricted use
33585807 pesticide" means the following:
33595808 (1) Any pesticide classified as a restricted use pesticide by the
33605809 administrator of the United States Environmental Protection
3361-Agency. or
3362-(2) A pesticide designated as a restricted use pesticide in a law
3363-enacted by the general assembly.
5810+Agency or (as of March 31, 2023).
5811+(2) A pesticide designated as a pesticide in a law enacted by
5812+the general assembly.
33645813 (2) (3) Subject to section 50 of this chapter, a pesticide that the
33655814 board has determined to be unduly hazardous to persons, animals,
33665815 plants, wildlife, waters, or lands other than the pests it is intended
33675816 to prevent, destroy, control, or mitigate.
33685817 (4) All formulations containing methomyl (Chemical
5818+EH 1623—LS 7025/DI 125 136
33695819 Abstracts Service Reg. No. 16752-77-5).
33705820 (5) Any dicamba containing pesticide product that:
33715821 (A) contains a dicamba active ingredient concentration
33725822 greater than or equal to six and one-half percent (6.5%);
33735823 and
33745824 (B) is intended for agricultural production uses but is not
33755825 labeled solely for use on turf or other nonagricultural use
33765826 sites.
3377-SECTION 74. IC 15-16-4-50, AS AMENDED BY P.L.99-2012,
5827+SECTION 54. IC 15-16-4-50, AS AMENDED BY P.L.99-2012,
33785828 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33795829 JULY 1, 2023]: Sec. 50. (a) The board may adopt rules under IC 4-22-2
3380-to do the following: (1) Establish a list of recommend to the general
3381-assembly the addition, deletion, or reclassification of pesticides by
3382-submitting in an electronic format under IC 5-14-6 a report of the
3383-recommendations to the legislative council. In making a
3384-determination to add or reclassify a pesticide as a restricted use
3385-pesticides and pesticides for use by prescription only pesticide for all
3386-of Indiana or designated areas within Indiana, if the board finds must
3387-find that the characteristics of a pesticide require that rules restricting
3388-the:
5830+to do the following:
5831+(1) Establish a list of recommend to the general assembly the
5832+addition, deletion, or reclassification of pesticides by
5833+submitting in an electronic format under IC 5-14-6 a report
5834+of the recommendations to the legislative council. In making
5835+a determination to add or reclassify a pesticide as a restricted
5836+use pesticides and pesticide or pesticides pesticide for use by
5837+prescription only for all of Indiana or designated areas within
5838+Indiana, if the board finds must find that the characteristics of a
5839+pesticide require that rules restricting the:
33895840 (A) (1) sale;
3390-HEA 1623 — CC 1 80
33915841 (B) (2) distribution; or
33925842 (C) (3) use;
33935843 of the pesticide by any person are necessary to prevent undue hazards
33945844 to persons, animals, wildlife, lands, or waters, other than the pests that
3395-they are intended to prevent, destroy, control, or mitigate. The board
3396-shall publish the board's findings in the Indiana Register.
3397-(2) (b) The board may adopt rules under IC 4-22-2 to do the
5845+they are intended to prevent, destroy, control, or mitigate. After
5846+considering the factors enumerated in this subsection, the board
5847+shall make findings and recommendations concerning the control
5848+of the substance if it finds the substance. If any substance is
5849+designated or reclassified to a more restrictive schedule as a
5850+pesticide under federal law and notice is given to the board, the
5851+board shall recommend similar control of the substance under this
5852+article in the board's report to the general assembly, unless the
5853+board objects to inclusion or rescheduling. In that case, the board
5854+shall publish the reasons for objection and afford all interested
5855+parties an opportunity to be heard. At the conclusion of the
5856+hearing, the board shall publish its findings in the Indiana
5857+Register.
5858+(b) The board may adopt rules under IC 4-22-2 to do the
33985859 following:
3399-(1) Provide for the safe:
5860+(1) Reclassify a pesticide:
5861+EH 1623—LS 7025/DI 125 137
5862+(A) from a more restrictive classification to a less
5863+restrictive classification; or
5864+(B) as a substance that is not a pesticide;
5865+if the board finds that the substance qualifies for
5866+reclassification under this chapter and that the same
5867+reclassification has been made in a classification under federal
5868+law. If the board reclassifies a substance under this
5869+subdivision, the board shall recommend the same
5870+reclassification to the general assembly under subsection (a).
5871+If the board objects to rescheduling or deletion of the
5872+substance, the board shall notify the chair of the legislative
5873+council not more than thirty (30) days after the federal law is
5874+changed and the substance may not be reclassified or deleted
5875+until the conclusion of the next complete session of the general
5876+assembly. The notice from the board to the chair of the
5877+legislative council must be published in the Indiana Register.
5878+Notwithstanding a provision in this chapter that classifies a
5879+pesticide in a more restrictive classification than a rule
5880+adopted under this subdivision, a person who manufactures,
5881+distributes, dispenses, possesses, or uses a pesticide in
5882+compliance with the requirements applicable to the less
5883+restrictive classification to which the pesticide is reclassified
5884+under this subdivision does not commit a violation of law.
5885+Notwithstanding a provision in this chapter that classifies a
5886+substance as a pesticide, a person does not commit a violation
5887+of law if the board has reclassified the pesticide as a substance
5888+that is not a pesticide.
5889+(2) Provide for the safe:
34005890 (A) handling;
34015891 (B) transportation;
34025892 (C) storage;
34035893 (D) display;
34045894 (E) distribution;
34055895 (F) disposal; and
34065896 (G) production;
34075897 of pesticide products and pesticide containers.
3408-(3) (2) Restrict or prohibit the use of certain types of containers
3409-or packages for specific pesticides. The restrictions may apply to
3410-the:
5898+(3) Restrict or prohibit the use of certain types of containers or
5899+packages for specific pesticides. The restrictions may apply to the:
34115900 (A) type of construction;
34125901 (B) strength; or
34135902 (C) size;
34145903 to alleviate danger of spillage, breakage, or misuse.
5904+EH 1623—LS 7025/DI 125 138
34155905 (b) The board may adopt by reference the restricted use
34165906 classification of a pesticide that is maintained by the United States
34175907 Environmental Protection Agency.
3418-(c) The board may adopt rules to do the following:
3419-(1) (3) Determine the time and conditions of the:
5908+(c) The board may adopt rules under IC 4-22-2 to do the following:
5909+(1) Determine the time and conditions of the:
34205910 (A) sale;
34215911 (B) distribution; or
34225912 (C) use;
34235913 of pesticide products.
3424-(2) (4) Require that any or all pesticide products be purchased,
5914+(2) Require that any or all pesticide products be purchased,
34255915 possessed, or used only under:
34265916 (A) permit;
34275917 (B) certificate;
34285918 (C) license; or
34295919 (D) registration;
34305920 of the state chemist or under certain conditions or in certain
34315921 quantities or concentrations.
3432-(3) (5) Require all persons issued:
3433-HEA 1623 — CC 1 81
5922+(3) Require all persons issued:
34345923 (A) permits;
34355924 (B) certificates;
34365925 (C) licenses; or
34375926 (D) registrations;
34385927 under this subsection to maintain records as to the use of the
34395928 pesticide products.
3440-(c) The state chemist shall maintain a list of each class of
5929+(d) A rule adopted under this chapter that becomes effective
5930+after June 30, 2023, may not impose a restriction or requirement
5931+more stringent than a restriction or requirement imposed under
5932+federal law unless the restriction or requirement is specifically
5933+authorized by Indiana law.
5934+(e) The state chemist shall maintain a list of each class of
34415935 pesticides adopted by Indiana law or board rule on the website for
34425936 the state chemist. Failure to include a pesticide on the list does not
34435937 exempt a person from compliance with a law or rule for a pesticide
34445938 designated by law or rule.
3445-SECTION 75. IC 15-16-4-52, AS ADDED BY P.L.2-2008,
5939+SECTION 55. IC 15-16-4-52, AS ADDED BY P.L.2-2008,
34465940 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34475941 JULY 1, 2023]: Sec. 52. The state chemist may adopt rules under
34485942 IC 4-22-2 to administer this chapter, including rules providing for the
34495943 following:
34505944 (1) The collection and examination of samples of pesticide
34515945 products.
34525946 (2) Determining whether a pesticide product is highly toxic to
5947+EH 1623—LS 7025/DI 125 139
34535948 humans or wildlife.
34545949 (3) The issuance of permits to purchase, possess, or use
3455-"restricted use pesticides". and "pesticides for use by prescription
5950+"restricted use pesticides" and "pesticides for use by prescription
34565951 only".
34575952 (4) Determining standards of coloring or discoloring for pesticide
34585953 products and to subject pesticide products to the requirements of
34595954 section 57 of this chapter.
3460-SECTION 76. IC 15-16-4-52.5 IS ADDED TO THE INDIANA
3461-CODE AS A NEW SECTION TO READ AS FOLLOWS
3462-[EFFECTIVE JULY 1, 2023]: Sec. 52.5. (a) Neither the board nor
3463-the state chemist may by rule or otherwise impose a requirement
3464-or limitation on the storage, distribution, use, application, or
3465-record keeping of a general use pesticide by:
3466-(1) a certified applicator;
3467-(2) a commercial applicator;
3468-(3) a licensed applicator for hire;
3469-(4) a licensed applicator not for hire;
3470-(5) a licensed pesticide business;
3471-(6) a licensed public applicator; or
3472-(7) a private applicator;
3473-that is more stringent than the requirements and limitations
3474-applicable under federal law, federal regulations, or Indiana
3475-statutory law to the general use pesticide or a pesticide product
3476-HEA 1623 — CC 1 82
3477-containing a general use pesticide and no restricted use pesticide.
3478-(b) A rule or other requirement or limitation of the board in
3479-effect on June 30, 2023, that does not comply with this section is
3480-voided on July 1, 2023, to the extent it conflicts with this section.
3481-SECTION 77. IC 15-16-4-57, AS AMENDED BY P.L.99-2012,
5955+A rule described in this section that becomes effective after June
5956+30, 2023, may not impose a restriction or requirement concerning
5957+pesticides more stringent than a restriction or requirement
5958+imposed under federal law unless the restriction or requirement is
5959+specifically authorized by Indiana law.
5960+SECTION 56. IC 15-16-4-57, AS AMENDED BY P.L.99-2012,
34825961 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34835962 JULY 1, 2023]: Sec. 57. Except as provided in section 58 of this
34845963 chapter, a person may not produce, distribute, display, sell, or offer for
34855964 sale within Indiana or deliver for transportation or transport in
34865965 intrastate commerce or between points within Indiana through any
34875966 point outside Indiana any of the following:
34885967 (1) Any pesticide product that has not been registered under
34895968 section 61 of this chapter.
34905969 (2) Any pesticide product if any of the claims made for it or any
34915970 of the directions for its use differ in substance from the
34925971 representations made in connection with its registration.
34935972 (3) A pesticide product if the composition of the product differs
34945973 from the composition as represented in connection with its
34955974 registration. However, at the discretion of the state chemist, a
34965975 change in the labeling or formula of a pesticide may be made
34975976 within a registration period without requiring reregistration of the
34985977 product.
34995978 (4) Any pesticide product (except a bulk pesticide or a pesticide
35005979 in a container designed and constructed to accommodate the
35015980 return and refill of the container) unless it is in the registrant's or
35025981 the manufacturer's unbroken immediate container, and there is
35035982 affixed to that container, and to any outside container or wrapper
35045983 of the retail package through which the required information on
35055984 the immediate container cannot be clearly read, a label bearing:
35065985 (A) the name and address of the manufacturer, registrant, or
35075986 person for whom manufactured;
35085987 (B) the name, brand, or trademark under which the pesticide
35095988 product is sold; and
35105989 (C) the net weight or measure of the content, subject, however,
5990+EH 1623—LS 7025/DI 125 140
35115991 to reasonable variations as the state chemist may permit.
35125992 (5) Any pesticide product that is adulterated or misbranded.
35135993 (6) Any pesticide product in containers violating rules adopted
3514-under section 50(a)(3) 50(b)(2) of this chapter. Pesticides found
5994+under section 50(a)(3) 50(b)(3) of this chapter. Pesticides found
35155995 in containers that are unsafe due to damage may be seized and
35165996 impounded.
35175997 (7) A highly volatile herbicide except on written permission by
35185998 the state chemist.
3519-HEA 1623 — CC 1 83
35205999 (8) Any bulk pesticide unless it is accompanied in all transfers of
35216000 custody or ownership by or held in storage vessels to which is
35226001 affixed a label bearing the information specified in subdivision
35236002 (4).
35246003 (9) Any pesticide that violates the Federal Insecticide, Fungicide,
35256004 and Rodenticide Act (7 U.S.C. 136 et seq.) or regulations adopted
35266005 under the Act.
3527-SECTION 78. IC 15-16-5-72 IS ADDED TO THE INDIANA
6006+SECTION 57. IC 15-16-5-72 IS ADDED TO THE INDIANA
35286007 CODE AS A NEW SECTION TO READ AS FOLLOWS
3529-[EFFECTIVE JULY 1, 2023]: Sec. 72. (a) Except as provided in
3530-IC 4-22-2.3-9, a rule adopted under this chapter that becomes
3531-effective after June 30, 2023, may not impose a restriction or
3532-requirement concerning pesticides more stringent than a
3533-restriction or requirement imposed under federal law unless the
3534-restriction or requirement is specifically authorized by Indiana
3535-law.
3536-(b) Restrictions or requirements specifically authorized to be
3537-more stringent than a restriction or requirement imposed under
3538-federal law include the following:
3539-(1) Commercial termite control applicators (category 7b)
3540-must complete a practical hands-on training program to
3541-become certified.
3542-(2) Commercial applicators must have access to the pesticide
3543-label when applying pesticides.
3544-(3) Commercial for hire general use pesticide application
3545-businesses are required to show proof of having minimum
3546-liability insurance coverage.
3547-(4) Commercial for hire general use pesticide applicators
3548-(category 7b) must disclose to customers any omissions from
3549-label required termite control applications.
3550-(5) Commercial applicators and school employees applying
3551-general use pesticides at schools:
3552-(A) may not apply when students are present;
3553-(B) must notify students, parents, and staff of planned and
3554-conducted applications;
3555-(C) must store pesticides safely;
3556-(D) must keep students and staff out of treated areas until
3557-spray has dried; and
3558-(E) may only apply rodenticide baits in areas inaccessible
3559-to students.
3560-(6) Commercial and private applicators must store and
3561-contain general use pesticide portable refillable containers
3562-HEA 1623 — CC 1 84
3563-(minibulks) safely to prevent releases to the environment.
3564-(7) Commercial and private applicators may not store, mix, or
3565-load general use pesticides within two hundred (200) feet of a
3566-community public drinking water well.
3567-(8) Commercial and private applicators must store general
3568-use pesticide containers on impervious surfaces within a
3569-wellhead protection area zone.
3570-(9) Commercial and private applicators must clean up general
3571-use pesticide spills within a wellhead protection area
3572-immediately upon discovery.
3573-(10) Commercial and private applicators may not open burn
3574-general use pesticide containers.
3575-SECTION 79. IC 25-1-5-4, AS AMENDED BY HEA 1460-2023,
3576-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3577-JULY 1, 2023]: Sec. 4. (a) The agency shall employ necessary staff,
3578-including specialists and professionals, to carry out the administrative
3579-duties and functions of the boards, including but not limited to:
3580-(1) notice of board meetings and other communication services;
3581-(2) recordkeeping of board meetings, proceedings, and actions;
3582-(3) recordkeeping of all persons licensed, regulated, or certified
3583-by a board;
3584-(4) administration of examinations; and
3585-(5) administration of license or certificate issuance or renewal.
3586-(b) In addition, the agency:
3587-(1) shall prepare a consolidated statement of the budget requests
3588-of all the boards described in IC 25-0.5-5;
3589-(2) may coordinate licensing or certification renewal cycles,
3590-examination schedules, or other routine activities to efficiently
3591-utilize agency staff, facilities, and transportation resources, and to
3592-improve accessibility of board functions to the public;
3593-(3) may consolidate, where feasible, office space, recordkeeping,
3594-and data processing services;
3595-(4) shall operate and maintain the electronic registry of
3596-professions established under IC 25-1-5.5;
3597-(5) shall post each board's public meeting agenda on the
3598-applicable board's website not less than seventy-two (72) hours
3599-before a board's public meeting;
3600-(6) shall post each board's public meeting minutes on the
3601-applicable board's website not more than fourteen (14) calendar
3602-days after adoption of the minutes by the board;
3603-(7) shall post any vacancy on a board on the applicable board's
3604-website within fourteen (14) calendar days of the vacancy;
3605-HEA 1623 — CC 1 85
3606-(8) notwithstanding any other law:
3607-(A) shall prescribe the application form and manner for each
3608-board; and
3609-(B) shall make any new application form publicly available on
3610-the applicable board's website for sixty (60) calendar days
3611-before being adopted by the agency; and
3612-(9) shall send notification of incomplete items in an application
3613-to the applicant every fourteen (14) calendar days after the
3614-applicant initiates the application until the earlier of the
3615-following:
3616-(A) The date the application is completed. or
3617-(B) One (1) calendar year after the applicant initiates the
3618-application.
3619-(c) In administering the renewal of licenses or certificates under this
3620-chapter, the agency shall send a notice of the upcoming expiration of
3621-a license or certificate to each holder of a license or certificate at least
3622-ninety (90) days before the expiration of the license or certificate. The
3623-notice must inform the holder of the license or certificate of the need
3624-to renew and the requirement of payment of the renewal fee. If this
3625-notice of expiration is not sent by the agency, the holder of the license
3626-or certificate is not subject to a sanction for failure to renew if, once
3627-notice is received from the agency, the license or certificate is renewed
3628-within forty-five (45) days after receipt of the notice.
3629-(d) In administering an examination for licensure or certification,
3630-the agency shall make the appropriate application forms available at
3631-least thirty (30) days before the deadline for submitting an application
3632-to all persons wishing to take the examination.
3633-(e) The agency may require an applicant for license renewal to
3634-submit evidence proving that:
3635-(1) the applicant continues to meet the minimum requirements for
3636-licensure; and
3637-(2) the applicant is not in violation of:
3638-(A) the statute regulating the applicant's profession; or
3639-(B) rules adopted by the board regulating the applicant's
3640-profession.
3641-(f) The agency shall process an application for renewal of a license
3642-or certificate:
3643-(1) not later than ten (10) days after the agency receives all
3644-required forms and evidence; or
3645-(2) within twenty-four (24) hours after the time that an applicant
3646-for renewal appears in person at the agency with all required
3647-forms and evidence.
3648-HEA 1623 — CC 1 86
3649-This subsection does not require the agency to issue a renewal license
3650-or certificate to an applicant if subsection (g) applies.
3651-(g) The agency may delay issuing a license renewal for up to one
3652-hundred twenty (120) days after the renewal date for the purpose of
3653-permitting the board to investigate information received by the agency
3654-that the applicant for renewal may have committed an act for which the
3655-applicant may be disciplined. If the agency delays issuing a license
3656-renewal, the agency shall notify the applicant that the applicant is being
3657-investigated. Except as provided in subsection (h), before the end of the
3658-one hundred twenty (120) day period, the board shall do one (1) of the
3659-following:
3660-(1) Deny the license renewal following a personal appearance by
3661-the applicant before the board.
3662-(2) Issue the license renewal upon satisfaction of all other
3663-conditions for renewal.
3664-(3) Issue the license renewal and file a complaint under IC 25-1-7.
3665-(4) Upon agreement of the applicant and the board and following
3666-a personal appearance by the applicant before the board, renew
3667-the license and place the applicant on probation status under
3668-IC 25-1-9-9.
3669-(h) If an individual fails to appear before the board under subsection
3670-(g), the board may take action on the applicant's license allowed under
3671-subsection (g)(1), (g)(2), or (g)(3).
3672-(i) The applicant's license remains valid until the final determination
3673-of the board is rendered unless the renewal is denied or the license is
3674-summarily suspended under IC 25-1-9-10.
3675-(j) The license of the applicant for a license renewal remains valid
3676-during the one hundred twenty (120) day period unless the license
3677-renewal is denied following a personal appearance by the applicant
3678-before the board before the end of the one hundred twenty (120) day
3679-period. If the one hundred twenty (120) day period expires without
3680-action by the board, the license shall be automatically renewed at the
3681-end of the one hundred twenty (120) day period.
3682-(k) The board's renewal of a license does not preclude the board
3683-from imposing sanctions on the licensee as a result of a complaint filed
3684-by the attorney general after renewal of the license.
3685-(l) Notwithstanding any other statute, the agency may stagger
3686-license or certificate renewal cycles. However, if a renewal cycle for a
3687-specific board or committee is changed, the agency must obtain the
3688-approval of the affected board or committee.
3689-(m) An application for a license, certificate, registration, or permit
3690-is abandoned without an action of the board, if the applicant does not
3691-HEA 1623 — CC 1 87
3692-complete the requirements to complete the application within one (1)
3693-year after the date on which the application was filed. However, the
3694-board may, for good cause shown, extend the validity of the application
3695-for additional thirty (30) day periods. An application submitted after
3696-the abandonment of an application is considered a new application.
3697-SECTION 80. IC 25-1-5.3 IS ADDED TO THE INDIANA CODE
3698-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3699-JULY 1, 2023]:
3700-Chapter 5.3. Failure to Enact Licensure Rules
3701-Sec. 1. The following definitions apply throughout this chapter:
3702-(1) "Agency" has the meaning set forth in IC 25-1-5-2.
3703-(2) "Applicant" has the meaning set forth in IC 25-1-5-11.
3704-(3) "Board" has the meaning set forth in IC 25-1-5-2.
3705-(4) "Compliant", with respect to a licensure rule, means a
3706-licensure rule that the agency or a board has adopted.
3707-(5) "Enactment date" means the date on which a statute
6008+[EFFECTIVE JULY 1, 2023]: Sec. 72. A rule adopted under this
6009+chapter that becomes effective after June 30, 2023, may not impose
6010+a restriction or requirement concerning pesticides more stringent
6011+than a restriction or requirement imposed under federal law unless
6012+the restriction or requirement is specifically authorized by Indiana
6013+law.".
6014+Page 64, between lines 36 and 37, begin a new line block indented
6015+and insert:
6016+"(2) "Applicant" has the meaning set forth in IC 25-1-5-11.".
6017+Page 64, line 37, delete "(2)" and insert "(3)".
6018+Page 64, line 38, delete "(3)" and insert "(4)".
6019+Page 64, delete lines 40 through 41, begin a new line block indented
6020+and insert:
6021+"(5) "Enactment date" means the date on which a statute
37086022 requires rulemaking for a licensure rule to become effective
3709-or otherwise requires rulemaking to commence.
3710-(6) "Executive director" refers to the individual described in
3711-IC 25-1-5-5.
3712-(7) "Licensee" has the meaning set forth in IC 25-1-5-11.
3713-(8) "Licensure rule" means a rule that:
3714-(A) relates to the issuance of a license, certificate,
3715-registration, or permit, or a requirement or prerequisite
3716-for obtaining a license, or keeping a license in good
3717-standing; and
3718-(B) is required by statute with an enactment date after
3719-January 1, 2023, to be adopted by the agency or a board.
3720-(9) "Material detriment" means:
6023+or otherwise requires rulemaking to commence.".
6024+Page 64, line 42, delete "(5)" and insert "(6)".
6025+Page 65, line 2, delete "(6)" and insert "(7)".
6026+Page 65, line 3, delete "(7)" and insert "(8)".
6027+Page 65, between lines 9 and 10, begin a new line block indented
6028+and insert:
6029+"(9) "Material detriment" means:
37216030 (A) an inability to obtain a license, certification, permit, or
37226031 other credential from the agency or a board;
37236032 (B) an inability to:
6033+EH 1623—LS 7025/DI 125 141
37246034 (i) practice;
37256035 (ii) perform a procedure; or
37266036 (iii) engage in a particular professional activity in
37276037 Indiana or another jurisdiction; or
37286038 (C) any other substantial burden to professional or
3729-business interests.
3730-(10) "Noncompliant", with respect to a licensure rule, means
3731-a licensure rule that the agency or a board has not adopted as
3732-an interim rule under IC 4-22-2-37.2 within six (6) months of
3733-the enactment date.
3734-HEA 1623 — CC 1 88
3735-Sec. 2. (a) If a licensee or applicant believes that the agency or
6039+business interests.".
6040+Page 65, line 10, delete "(8)" and insert "(10)".
6041+Page 65, line 11, after "adopted" insert "as an interim rule under
6042+IC 4-22-2-37.2".
6043+Page 65, line 12, delete "eighteen (18)" and insert "six (6)".
6044+Page 65, delete lines 13 through 42, begin a new paragraph and
6045+insert:
6046+"Sec. 2. (a) If a licensee or applicant believes that the agency or
37366047 a board has failed to adopt a licensure rule within six (6) months of
37376048 the enactment date, an applicant or licensee who has suffered a
37386049 material detriment as a result of a noncompliant licensure rule
37396050 may seek damages from the agency or board by bringing an action
37406051 in a court of competent jurisdiction.
37416052 (b) A court shall not certify a class in any matter seeking
37426053 damages under this section.
37436054 (c) In a matter seeking damages under this section, a court may
37446055 order the following:
37456056 (1) An injunction requiring adoption of a compliant interim
37466057 licensure rule not earlier than six (6) months from the date of
37476058 the order.
37486059 (2) Damages equal to the amount of the material detriment
37496060 caused by the noncompliant licensure rule, including
37506061 prospective damages through the date established under
37516062 subdivision (1).
37526063 (3) Court costs and attorney's fees.
37536064 (d) IC 34-13-3 applies to an action brought under this section.
3754-SECTION 81. IC 27-1-44.5-11, AS ADDED BY P.L.195-2021,
6065+SECTION 58. IC 27-1-44.5-11, AS ADDED BY P.L.195-2021,
37556066 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37566067 JULY 1, 2023]: Sec. 11. (a) The department shall adopt emergency
37576068 rules under IC 4-22-2-37.1 IC 4-22-2 to implement this chapter. The
37586069 rules must include a requirement that health payer data sources submit
37596070 necessary information to the administrator. Rules enacted under this
37606071 subsection must cover all health payer data sources as follows:
37616072 (1) The department shall adopt rules that apply to health payers
37626073 regulated under IC 27.
37636074 (2) The office of the secretary of family and social services shall
37646075 adopt rules that apply to health payers regulated under IC 12.
6076+EH 1623—LS 7025/DI 125 142
37656077 (b) The department shall adopt emergency provisional rules under
37666078 IC 4-22-2-37.1 establishing a fee formula for data licensing and the
37676079 collection and release of claims data.
37686080 (c) The department may impose a civil penalty on a health payer
37696081 that is required to submit information under this chapter and fails to
37706082 comply. A civil penalty collected under this section must be deposited
3771-in the department of insurance fund created by IC 27-1-3-28.
3772-SECTION 82. IC 34-52-2-1.5 IS ADDED TO THE INDIANA
6083+in the department of insurance fund created by IC 27-1-3-28.".
6084+Page 66, delete lines 1 through 37, begin a new paragraph and
6085+insert:
6086+"SECTION 59. IC 34-52-2-1.5 IS ADDED TO THE INDIANA
37736087 CODE AS A NEW SECTION TO READ AS FOLLOWS
37746088 [EFFECTIVE JULY 1, 2023]: Sec. 1.5. (a) In a proceeding under
37756089 IC 4-21.5-5 to judicially review a final order made by a state
37766090 agency, the court shall apply the same standard as an
3777-HEA 1623 — CC 1 89
37786091 administrative law judge under IC 4-21.5-3-27.5 regarding an
37796092 order for the payment of attorney's fees.
37806093 (b) An order for the payment of attorney's fees under this
3781-section is not subject to sections 2 and 4 of this chapter.
3782-SECTION 83. [EFFECTIVE UPON PASSAGE] (a) After June 30,
3783-2023, a rule may be adopted as a provisional rule only for the
3784-purposes and through the procedures in IC 4-22-2-37.1 (as effective
3785-after June 30, 2023). Any additional authority in a statute outside
3786-IC 4-22 to adopt rules through the emergency rulemaking
3787-procedures in IC 4-22-2-37.1 (as effective before July 1, 2023, or
3788-after June 30, 2023) is void. The code revision commission shall
3789-provide in calendar year 2023 for the preparation of a bill for
3790-introduction in the 2024 regular session of the general assembly
3791-that removes language outside IC 4-22 permitting the adoption of
3792-emergency rules.
3793-(b) This SECTION expires January 1, 2024.
3794-SECTION 84. An emergency is declared for this act.
3795-HEA 1623 — CC 1 Speaker of the House of Representatives
3796-President of the Senate
3797-President Pro Tempore
3798-Governor of the State of Indiana
3799-Date: Time:
3800-HEA 1623 — CC 1
6094+section is not subject to sections 2 and 4 of this chapter.".
6095+Page 66, line 39, delete "an emergency" and insert "a provisional".
6096+Renumber all SECTIONS consecutively.
6097+and when so amended that said bill do pass.
6098+(Reference is to HB 1623 as printed February 14, 2023.)
6099+BROWN L, Chairperson
6100+Committee Vote: Yeas 6, Nays 4.
6101+_____
6102+SENATE MOTION
6103+Madam President: I move that Engrossed House Bill 1623 be
6104+amended to read as follows:
6105+Page 8, line 6, delete "If" and insert "Except as otherwise provided
6106+in IC 4-22-2.3, if".
6107+Page 13, line 16 delete "19.5 and (if applicable)" and insert "19.5 of
6108+this chapter.".
6109+Page 13, delete line 17.
6110+Page 33, line 19 delete "meets" and insert "does not meet".
6111+Page 67, line 9, delete "chapter;" and insert "chapter or with
6112+EH 1623—LS 7025/DI 125 143
6113+amendments that meet the substantially similar or logical
6114+outgrowth requirements of IC 4-22-2-29(c);".
6115+Page 79, line 38, after "statute" insert "with an enactment date
6116+after January 1, 2023,".
6117+(Reference is to EHB 1623 as printed April 7, 2023.)
6118+GARTEN
6119+_____
6120+SENATE MOTION
6121+Madam President: I move that Engrossed House Bill 1623 be
6122+amended to read as follows:
6123+Page 74, between lines 11 and 12, begin a new paragraph and insert:
6124+"SECTION 65. IC 15-16-4-0.3 IS ADDED TO THE INDIANA
6125+CODE AS A NEW SECTION TO READ AS FOLLOWS
6126+[EFFECTIVE JULY 1, 2023]: Sec. 0.3. The definitions in IC 15-16-5
6127+apply throughout this chapter.
6128+SECTION 66. IC 15-16-4-15.5 IS ADDED TO THE INDIANA
6129+CODE AS A NEW SECTION TO READ AS FOLLOWS
6130+[EFFECTIVE JULY 1, 2023]: Sec. 15.5. As used in this chapter,
6131+"general use pesticide" means a pesticide that is not a restricted
6132+use pesticide or a pesticide for use by prescription only.".
6133+Page 78, between lines 5 and 6, begin a new paragraph and insert:
6134+"SECTION 69. IC 15-16-4-52.5 IS ADDED TO THE INDIANA
6135+CODE AS A NEW SECTION TO READ AS FOLLOWS
6136+[EFFECTIVE JULY 1, 2023]: Sec. 52.5. (a) Neither the board nor
6137+the state chemist may by rule or otherwise impose a requirement
6138+or limitation on the storage, distribution, use, application, or
6139+record keeping of a general use pesticide by:
6140+(1) a certified applicator;
6141+(2) a commercial applicator;
6142+(3) a licensed applicator for hire;
6143+(4) a licensed applicator not for hire;
6144+(5) a licensed pesticide business;
6145+(6) a licensed public applicator; or
6146+(7) a private applicator;
6147+that is more stringent than the requirements and limitations
6148+applicable under federal law, federal regulations, or Indiana
6149+statutory law to the general use pesticide or a pesticide product
6150+containing a general use pesticide and no restricted use pesticide or
6151+EH 1623—LS 7025/DI 125 144
6152+pesticide for use by prescription only.
6153+(b) A rule or other requirement or limitation of the board in
6154+effect on June 30, 2023, that does not comply with this section is
6155+voided on July 1, 2023, to the extent it conflicts with this section.".
6156+Renumber all SECTIONS consecutively.
6157+(Reference is to EHB 1623 as printed April 7, 2023.)
6158+WALKER K
6159+EH 1623—LS 7025/DI 125