Indiana 2023 Regular Session

Indiana Senate Bill SB0242 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0242.2
	2	+	Reprinted
	3	+	April 13, 2023
	4	+	ENGROSSED
	5	+	SENATE BILL No. 242
	6	+	_____
	7	+	DIGEST OF SB 242 (Updated April 12, 2023 12:51 pm - DI 55)
	8	+	Citations Affected: IC 14-28; IC 32-21.
	9	+	Synopsis: Floodplain mapping. Provides that, during the two years
	10	+	beginning July 1, 2023, floodplain mapping data created through the
	11	+	use of lidar (a remote sensing method used to generate information
	12	+	about the surface of land) may not be used by the floodplain
	13	+	administrator of a county or municipality when reviewing a permit
	14	+	application for a structure or construction activity in or near a
	15	+	floodplain unless: (1) the lidar-produced floodplain mapping data is
	16	+	provided by the department of natural resources (department) through
	17	+	the Indiana Floodplain Information Portal; and (2) the person applying
	18	+	for the permit requests or elects the use of the lidar-produced
	19	+	floodplain mapping data. Provides that, after June 30, 2025, lidar-
	20	+	produced floodplain mapping data may be used by the floodplain
	21	+	administrator of a county or municipality when reviewing a permit
	22	+	application for a structure or construction activity in or near a
	23	+	floodplain only: (1) if: (A) the local floodplain administrator is
	24	+	informed that the floodplain mapping data is lidar-produced floodplain
	25	+	(Continued next page)
	26	+	Effective: July 1, 2023.
	27	+	Leising, Garten, Raatz, Gaskill,
	28	+	Buck, Ford Jon, Tomes
	29	+	(HOUSE SPONSORS — BAIRD, BARRETT, PRESCOTT, LINDAUER)
	30	+	January 10, 2023, read first time and referred to Committee on Natural Resources.
	31	+	January 23, 2023, amended, reported favorably — Do Pass.
	32	+	January 26, 2023, read second time, ordered engrossed. Engrossed.
	33	+	January 30, 2023, read third time, passed. Yeas 40, nays 5.
	34	+	HOUSE ACTION
	35	+	February 28, 2023, read first time and referred to Committee on Natural Resources.
	36	+	March 23, 2023, reported — Do Pass.
	37	+	March 27, 2023, read second time, ordered engrossed.
	38	+	March 28, 2023, engrossed.
	39	+	April 11, 2023, returned to second reading.
	40	+	April 12, 2023, re-read second time, amended, ordered engrossed.
	41	+	ES 242—LS 7075/DI 55 Digest Continued
	42	+	mapping data; (B) the department conducts at least one public meeting
	43	+	in the county or municipality to provide information about how the
	44	+	floodplain mapping data was created; and (C) the legislative body of
	45	+	the county or municipality adopts or amends an ordinance to authorize
	46	+	the use of the lidar-produced floodplain mapping data; or (2) if: (A) the
	47	+	lidar-produced floodplain mapping data is provided by the department
	48	+	through the Indiana Floodplain Information Portal; and (B) the person
	49	+	applying for the permit requests or elects the use of the lidar-produced
	50	+	floodplain mapping data. Amends the law requiring local floodplain
	51	+	administrators to use the best floodplain mapping data available as
	52	+	provided by the department to make that law subject to the bar against
	53	+	using lidar-produced floodplain mapping data for the two years
	54	+	beginning July 1, 2023, and the conditions for the use of lidar-produced
	55	+	floodplain mapping data after June 30, 2025. Provides that a person
	56	+	who applies for a permit authorizing the construction of a structure or
	57	+	other construction activity in or near a floodplain may elect whether:
	58	+	(1) mapping data provided by the department; (2) a federal flood
	59	+	insurance rate map; or (3) an engineering study provided by the
	60	+	applicant; will be used by the local floodplain administrator when
	61	+	reviewing the person's permit application. Prohibits a local floodplain
	62	+	administrator to issue a permit authorizing the construction of a
	63	+	structure or other construction activity in or near a floodplain if the
	64	+	issuance of the permit would affect the county's or municipality's
	65	+	eligibility to participate in the National Flood Insurance Program.
	66	+	Provides that the disclosure form that an owner must complete and
	67	+	submit to the prospective buyer before accepting an offer for residential
	68	+	real estate must disclose whether the real estate is located in a
	69	+	floodplain, as determined by a federal flood insurance rate map or a
	70	+	local floodplain map approved by the Federal Emergency Management
	71	+	Agency.
	72	+	ES 242—LS 7075/DI 55ES 242—LS 7075/DI 55 Reprinted
	73	+	April 13, 2023
1	74		First Regular Session of the 123rd General Assembly (2023)
2	75		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	76		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	77		additions will appear in this style type, and deletions will appear in this style type.
5	78		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	79		provision adopted), the text of the new provision will appear in this style type. Also, the
7	80		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	81		a new provision to the Indiana Code or the Indiana Constitution.
9	82		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	83		between statutes enacted by the 2022 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 242
12		-	AN ACT to amend the Indiana Code concerning natural resources.
	84	+	ENGROSSED
	85	+	SENATE BILL No. 242
	86	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	87	+	natural resources.
13	88		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 14-28-1-40 IS REPEALED [EFFECTIVE JULY 1,
15		-	2023]. Sec. 40. A local floodplain administrator shall utilize the best
16		-	floodplain mapping data available as provided by the department and
17		-	located on the Indiana Floodplain Information Portal when reviewing
18		-	a permit application for a structure or a construction activity in, or near,
19		-	a floodplain.
20		-	SECTION 2. IC 14-28-3-7 IS ADDED TO THE INDIANA CODE
21		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
22		-	1, 2023]: Sec. 7. (a) As used in this section, "unit" has the meaning
23		-	set forth in IC 36-1-29.5-6.
24		-	(b) After June 30, 2023, a unit may not issue a permit:
25		-	(1) authorized by ordinance or resolution; and
26		-	(2) for construction of a structure or other construction
27		-	activity in or near a floodplain;
28		-	unless the unit complies with this section.
29		-	(c) A person who applies to a local floodplain administrator for
30		-	a permit authorizing a structure or construction activity in or near
31		-	a floodplain may elect that:
32		-	(1) the best available data as provided by the department; or
33		-	(2) an engineering study provided by the applicant that is
34		-	reviewed and approved according to the unit's ordinance for
35		-	flood hazard areas;
36		-	SEA 242 — CC 1 2
37		-	will be used by the local floodplain administrator when reviewing
38		-	the person's permit application.
39		-	(d) A local floodplain administrator shall not issue a permit
40		-	authorizing a structure or construction activity in or near a
41		-	floodplain if the permit's authorization will result in a unit
42		-	violating its obligations to the National Flood Insurance Program.
43		-	SECTION 3. IC 14-28-3-7.2 IS ADDED TO THE INDIANA CODE
44		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
45		-	1, 2023]: Sec. 7.2. After June 30, 2025, an individual may not serve
46		-	as the floodplain administrator of a county or a municipality unless
47		-	the individual has successfully completed:
48		-	(1) the Certified Floodplain Manager program of the
49		-	Association of State Floodplain Managers; or
50		-	(2) another course or training program for local floodplain
51		-	managers:
52		-	(A) approved by the Federal Emergency Management
53		-	Agency; or
54		-	(B) approved by the department for the purposes of this
55		-	section.
56		-	SECTION 4. IC 14-28-3-7.4 IS ADDED TO THE INDIANA CODE
57		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
58		-	1, 2023]: Sec. 7.4. (a) As used in this section, "department mapping
59		-	data" means the mapping data provided by the department and
60		-	located on the Indiana Floodplain Information Portal.
61		-	(b) A person that has:
62		-	(1) a possessory or nonpossessory ownership interest;
63		-	(2) a leasehold interest; or
64		-	(3) a security interest;
65		-	in a parcel of real property may at any time request a review by
66		-	the department of the department mapping data applying to the
67		-	parcel of real property.
68		-	(c) A review requested under subsection (b) shall be provided by
69		-	the department at no cost to the person requesting the review.
70		-	(d) In conducting a review requested under subsection (b), the
71		-	department shall use a detailed hydrologic modeling method.
72		-	(e) If:
73		-	(1) the person requesting the review of the department
74		-	mapping data applying to a parcel of real property has
75		-	applied to a local floodplain administrator for a permit
76		-	authorizing the construction of a structure or other
77		-	construction activity on the parcel of real property; and
78		-	(2) the department does not complete the review of the
79		-	SEA 242 — CC 1 3
80		-	department mapping data and communicate the results of the
81		-	review to the person who requested the review not more than
82		-	one hundred twenty (120) days after the day on which the
83		-	person requested the review;
84		-	the person that requested the review of the department mapping
85		-	data and applied to the local floodplain administrator for a permit
86		-	may elect whether the local floodplain administrator, in reviewing
87		-	the person's permit application, will use the department mapping
88		-	data or an engineering study provided by the person.
89		-	SECTION 5. IC 32-21-5-7, AS AMENDED BY SEA 332-2023,
90		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
91		-	JULY 1, 2023]: Sec. 7. (a) The Indiana real estate commission
92		-	established by IC 25-34.1-2-1 shall adopt a specific disclosure form
93		-	that contains the following:
	89	+	1 SECTION 1. IC 14-28-1-39.9 IS ADDED TO THE INDIANA
	90	+	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
	91	+	3 [EFFECTIVE JULY 1, 2023]: Sec. 39.9. (a) As used in this section,
	92	+	4 "lidar" means a remote sensing method that typically uses:
	93	+	5 (1) a laser device that:
	94	+	6 (A) is deployed from an airplane or helicopter; and
	95	+	7 (B) transmits pulsed beams of light downward toward the
	96	+	8 surface of the land;
	97	+	9 (2) a sensor that records the beams of light as reflected from
	98	+	10 the surface of the land; and
	99	+	11 (3) a specialized GPS receiver;
	100	+	12 to generate three-dimensional information about the surface
	101	+	13 characteristics of the land.
	102	+	14 (b) Before July 1, 2025, the floodplain administrator of a county
	103	+	15 or municipality may not use floodplain mapping data created
	104	+	16 through the use of lidar when reviewing an application for a permit
	105	+	17 for the construction of a structure or other construction activity in
	106	+	ES 242—LS 7075/DI 55 2
	107	+	1 or near a floodplain unless:
	108	+	2 (1) the floodplain mapping data created through the use of
	109	+	3 lidar is provided by the department through the Indiana
	110	+	4 Floodplain Information Portal; and
	111	+	5 (2) the person applying for the permit requests or elects the
	112	+	6 use of the floodplain mapping data described in subdivision
	113	+	7 (1).
	114	+	8 (c) After June 30, 2025, the floodplain administrator of a county
	115	+	9 or municipality may use floodplain mapping data created through
	116	+	10 the use of lidar when reviewing an application for a permit for the
	117	+	11 construction of a structure or other construction activity in or near
	118	+	12 a floodplain only:
	119	+	13 (1) if:
	120	+	14 (A) the local floodplain administrator is informed that the
	121	+	15 floodplain mapping data was created through the use of
	122	+	16 lidar;
	123	+	17 (B) the department conducts at least one (1) public hearing
	124	+	18 subject to IC 5-14-1.5 in the county or municipality at
	125	+	19 which the department provides information about how the
	126	+	20 floodplain mapping data was created; and
	127	+	21 (C) the legislative body (as defined in IC 36-1-2-9) of the
	128	+	22 county or municipality adopts or amends an ordinance to
	129	+	23 authorize the local floodplain administrator to use the
	130	+	24 floodplain mapping data created through the use of lidar
	131	+	25 when reviewing a permit application for a structure or a
	132	+	26 construction activity in or near a floodplain; or
	133	+	27 (2) if:
	134	+	28 (A) the floodplain mapping data created through the use of
	135	+	29 lidar is provided by the department through the Indiana
	136	+	30 Floodplain Information Portal; and
	137	+	31 (B) the person applying for the permit requests or elects
	138	+	32 the use of the floodplain mapping data described in clause
	139	+	33 (A).
	140	+	34 SECTION 2. IC 14-28-3-7 IS ADDED TO THE INDIANA CODE
	141	+	35 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	142	+	36 1, 2023]: Sec. 7. (a) As used in this section, "unit" has the meaning
	143	+	37 set forth in IC 36-1-29.5-6.
	144	+	38 (b) After June 30, 2023, a unit may not issue a permit that:
	145	+	39 (1) is authorized by ordinance or resolution; and
	146	+	40 (2) would authorize the construction of a structure or other
	147	+	41 construction activity in or near a floodplain;
	148	+	42 unless the unit complies with this section.
	149	+	ES 242—LS 7075/DI 55 3
	150	+	1 (c) A person who applies to a local floodplain administrator for
	151	+	2 a permit authorizing the construction of a structure or other
	152	+	3 construction activity in or near a floodplain may elect which of the
	153	+	4 following will be used by the local floodplain administrator when
	154	+	5 reviewing the person's permit application:
	155	+	6 (1) The best available data as provided by the department.
	156	+	7 (2) If available, a federal flood insurance rate map.
	157	+	8 (3) An engineering study that is:
	158	+	9 (A) provided by the applicant; and
	159	+	10 (B) reviewed and approved according to the unit's
	160	+	11 ordinance for flood hazard areas.
	161	+	12 (d) A local floodplain administrator shall not issue a permit
	162	+	13 authorizing the construction of a structure or other construction
	163	+	14 activity in or near a floodplain if the issuance of the permit will
	164	+	15 affect the unit's eligibility to participate in the National Flood
	165	+	16 Insurance Program.
	166	+	17 SECTION 3. IC 32-21-5-7, AS AMENDED BY P.L.111-2018,
	167	+	18 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	168	+	19 JULY 1, 2023]: Sec. 7. The Indiana real estate commission established
	169	+	20 by IC 25-34.1-2-1 shall adopt a specific disclosure form that contains
	170	+	21 the following:
	171	+	22 (1) Disclosure by the owner of the known condition of the
	172	+	23 following:
	173	+	24 (A) The foundation.
	174	+	25 (B) The mechanical systems.
	175	+	26 (C) The roof.
	176	+	27 (D) The structure.
	177	+	28 (E) The water and sewer systems.
	178	+	29 (F) Additions that may require improvements to the sewage
	179	+	30 disposal system.
	180	+	31 (G) Other areas that the Indiana real estate commission
	181	+	32 determines are appropriate.
	182	+	33 (2) Disclosure by the owner of known:
	183	+	34 (A) contamination caused by the manufacture of a controlled
	184	+	35 substance (as defined by IC 35-48-1-9) on the property that
	185	+	36 has not been certified as decontaminated by a qualified
	186	+	37 inspector who is certified under IC 16-19-3.1; or
	187	+	38 (B) manufacture of methamphetamine or dumping of waste
	188	+	39 from the manufacture of methamphetamine in a residential
	189	+	40 structure on the property.
	190	+	41 (3) A notice to the prospective buyer that contains substantially
	191	+	42 the following language:
	192	+	ES 242—LS 7075/DI 55 4
	193	+	1 "The prospective buyer and the owner may wish to obtain
	194	+	2 professional advice or inspections of the property and provide for
	195	+	3 appropriate provisions in a contract between them concerning any
	196	+	4 advice, inspections, defects, or warranties obtained on the
	197	+	5 property.".
	198	+	6 (4) A notice to the prospective buyer that contains substantially
	199	+	7 the following language:
	200	+	8 "The representations in this form are the representations of the
	201	+	9 owner and are not the representations of the agent, if any. This
	202	+	10 information is for disclosure only and is not intended to be a part
	203	+	11 of any contract between the buyer and owner.".
	204	+	12 (5) A disclosure by the owner that an airport is located within a
	205	+	13 geographical distance from the property as determined by the
	206	+	14 Indiana real estate commission. The commission may consider the
	207	+	15 differences between an airport serving commercial airlines and an
	208	+	16 airport that does not serve commercial airlines in determining the
	209	+	17 distance to be disclosed.
	210	+	18 (6) A disclosure by the owner as to whether any portion of the
	211	+	19 real estate is located in a floodplain, as determined by:
	212	+	20 (A) the Federal Emergency Management Agency's
	213	+	21 (FEMA) Flood Insurance Rate Maps; or
	214	+	22 (B) a FEMA approved local floodplain map.
	215	+	ES 242—LS 7075/DI 55 5
	216	+	COMMITTEE REPORT
	217	+	Madam President: The Senate Committee on Natural Resources, to
	218	+	which was referred Senate Bill No. 242, has had the same under
	219	+	consideration and begs leave to report the same back to the Senate with
	220	+	the recommendation that said bill be AMENDED as follows:
	221	+	Delete the title and insert the following:
	222	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	223	+	natural resources.
	224	+	Page 1, after line 6, begin a new paragraph and insert:
	225	+	"SECTION 2. IC 32-21-5-7, AS AMENDED BY P.L.111-2018,
	226	+	SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	227	+	JULY 1, 2023]: Sec. 7. The Indiana real estate commission established
	228	+	by IC 25-34.1-2-1 shall adopt a specific disclosure form that contains
	229	+	the following:
94	230		(1) Disclosure by the owner of the known condition of the
95	231		following:
96	232		(A) The foundation.
97	233		(B) The mechanical systems.
98	234		(C) The roof.
99	235		(D) The structure.
100	236		(E) The water and sewer systems.
101	237		(F) Additions that may require improvements to the sewage
102	238		disposal system.
103	239		(G) Other areas that the Indiana real estate commission
104	240		determines are appropriate.
105	241		(2) Disclosure by the owner of known:
106	242		(A) contamination caused by the manufacture of a controlled
107	243		substance (as defined by IC 35-48-1-9) on the property that
108	244		has not been certified as decontaminated by a qualified
109	245		inspector who is certified under IC 16-19-3.1; or
110	246		(B) manufacture of methamphetamine or dumping of waste
111	247		from the manufacture of methamphetamine in a residential
112	248		structure on the property.
113	249		(3) A notice to the prospective buyer that contains substantially
114	250		the following language:
115	251		"The prospective buyer and the owner may wish to obtain
116	252		professional advice or inspections of the property and provide for
117	253		appropriate provisions in a contract between them concerning any
118	254		advice, inspections, defects, or warranties obtained on the
119	255		property.".
120	256		(4) A notice to the prospective buyer that contains substantially
	257	+	ES 242—LS 7075/DI 55 6
121	258		the following language:
122		-	SEA 242 — CC 1 4
123	259		"The representations in this form are the representations of the
124	260		owner and are not the representations of the agent, if any. This
125	261		information is for disclosure only and is not intended to be a part
126	262		of any contract between the buyer and owner.".
127	263		(5) A disclosure by the owner that an airport is located within a
128	264		geographical distance from the property as determined by the
129	265		Indiana real estate commission. The commission may consider the
130	266		differences between an airport serving commercial airlines and an
131	267		airport that does not serve commercial airlines in determining the
132	268		distance to be disclosed.
133		-	(6) A disclosure by the owner that:
134		-	(A) the property is located near a military installation, within
135		-	a state area of interest (as defined in IC 36-7-30.2-6), and may
136		-	be impacted to some degree by the effects of the installation's
137		-	military operations; and
138		-	(B) local laws may restrict use and development of the
139		-	property to promote compatibility with military installation
140		-	operations.
141		-	(7) If the owner has personal knowledge of the fact that all or
142		-	a portion of the real estate is located within a community's
143		-	floodplain boundaries, as indicated in a Federal Emergency
144		-	Management Agency Flood Insurance Rate Map, a disclosure
145		-	by the owner of that fact.
146		-	(b) Responsibility for the disclosure required under subsection
147		-	(a)(6) rests solely with the owner of the property and no liability for the
148		-	owner's failure to make the required disclosure shall accrue to any third
149		-	party. Failure of the owner to make the required disclosure under
150		-	subsection (a)(6) shall not:
151		-	(1) invalidate the transfer of the property; or
152		-	(2) create any encumbrance or lien upon any legal or equitable
153		-	title to the property.
154		-	SEA 242 — CC 1 President of the Senate
155		-	President Pro Tempore
156		-	Speaker of the House of Representatives
157		-	Governor of the State of Indiana
158		-	Date: Time:
159		-	SEA 242 — CC 1
	269	+	(6) A disclosure by the owner as to whether any portion of the
	270	+	real estate is located in a floodplain, as determined by:
	271	+	(A) the Federal Emergency Management Agency's
	272	+	(FEMA) Flood Insurance Rate Maps; or
	273	+	(B) a FEMA approved local floodplain map.".
	274	+	Renumber all SECTIONS consecutively.
	275	+	and when so amended that said bill do pass.
	276	+	(Reference is to SB 242 as introduced.)
	277	+	GLICK, Chairperson
	278	+	Committee Vote: Yeas 6, Nays 2.
	279	+	_____
	280	+	COMMITTEE REPORT
	281	+	Mr. Speaker: Your Committee on Natural Resources, to which was
	282	+	referred Senate Bill 242, has had the same under consideration and
	283	+	begs leave to report the same back to the House with the
	284	+	recommendation that said bill do pass.
	285	+	(Reference is to SB 242 as printed January 24, 2023.)
	286	+	LINDAUER
	287	+	Committee Vote: Yeas 11, Nays 0
	288	+	ES 242—LS 7075/DI 55 7
	289	+	HOUSE MOTION
	290	+	Mr. Speaker: I move that Senate Bill 242 be returned to the second
	291	+	reading calendar forthwith for the purpose of amendment.
	292	+	BAIRD
	293	+	_____
	294	+	HOUSE MOTION
	295	+	Mr. Speaker: I move that Engrossed Senate Bill 242 be amended to
	296	+	read as follows:
	297	+	Page 1, delete lines 1 through 6, begin a new paragraph and insert:
	298	+	"SECTION 1. IC 14-28-1-39.9 IS ADDED TO THE INDIANA
	299	+	CODE AS A NEW SECTION TO READ AS FOLLOWS
	300	+	[EFFECTIVE JULY 1, 2023]: Sec. 39.9. (a) As used in this section,
	301	+	"lidar" means a remote sensing method that typically uses:
	302	+	(1) a laser device that:
	303	+	(A) is deployed from an airplane or helicopter; and
	304	+	(B) transmits pulsed beams of light downward toward the
	305	+	surface of the land;
	306	+	(2) a sensor that records the beams of light as reflected from
	307	+	the surface of the land; and
	308	+	(3) a specialized GPS receiver;
	309	+	to generate three-dimensional information about the surface
	310	+	characteristics of the land.
	311	+	(b) Before July 1, 2025, the floodplain administrator of a county
	312	+	or municipality may not use floodplain mapping data created
	313	+	through the use of lidar when reviewing an application for a permit
	314	+	for the construction of a structure or other construction activity in
	315	+	or near a floodplain unless:
	316	+	(1) the floodplain mapping data created through the use of
	317	+	lidar is provided by the department through the Indiana
	318	+	Floodplain Information Portal; and
	319	+	(2) the person applying for the permit requests or elects the
	320	+	use of the floodplain mapping data described in subdivision
	321	+	(1).
	322	+	(c) After June 30, 2025, the floodplain administrator of a county
	323	+	or municipality may use floodplain mapping data created through
	324	+	the use of lidar when reviewing an application for a permit for the
	325	+	construction of a structure or other construction activity in or near
	326	+	a floodplain only:
	327	+	ES 242—LS 7075/DI 55 8
	328	+	(1) if:
	329	+	(A) the local floodplain administrator is informed that the
	330	+	floodplain mapping data was created through the use of
	331	+	lidar;
	332	+	(B) the department conducts at least one (1) public hearing
	333	+	subject to IC 5-14-1.5 in the county or municipality at
	334	+	which the department provides information about how the
	335	+	floodplain mapping data was created; and
	336	+	(C) the legislative body (as defined in IC 36-1-2-9) of the
	337	+	county or municipality adopts or amends an ordinance to
	338	+	authorize the local floodplain administrator to use the
	339	+	floodplain mapping data created through the use of lidar
	340	+	when reviewing a permit application for a structure or a
	341	+	construction activity in or near a floodplain; or
	342	+	(2) if:
	343	+	(A) the floodplain mapping data created through the use of
	344	+	lidar is provided by the department through the Indiana
	345	+	Floodplain Information Portal; and
	346	+	(B) the person applying for the permit requests or elects
	347	+	the use of the floodplain mapping data described in clause
	348	+	(A).
	349	+	SECTION 3. IC 14-28-3-7 IS ADDED TO THE INDIANA CODE
	350	+	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	351	+	1, 2023]: Sec. 7. (a) As used in this section, "unit" has the meaning
	352	+	set forth in IC 36-1-29.5-6.
	353	+	(b) After June 30, 2023, a unit may not issue a permit that:
	354	+	(1) is authorized by ordinance or resolution; and
	355	+	(2) would authorize the construction of a structure or other
	356	+	construction activity in or near a floodplain;
	357	+	unless the unit complies with this section.
	358	+	(c) A person who applies to a local floodplain administrator for
	359	+	a permit authorizing the construction of a structure or other
	360	+	construction activity in or near a floodplain may elect which of the
	361	+	following will be used by the local floodplain administrator when
	362	+	reviewing the person's permit application:
	363	+	(1) The best available data as provided by the department.
	364	+	(2) If available, a federal flood insurance rate map.
	365	+	(3) An engineering study that is:
	366	+	(A) provided by the applicant; and
	367	+	(B) reviewed and approved according to the unit's
	368	+	ordinance for flood hazard areas.
	369	+	(d) A local floodplain administrator shall not issue a permit
	370	+	ES 242—LS 7075/DI 55 9
	371	+	authorizing the construction of a structure or other construction
	372	+	activity in or near a floodplain if the issuance of the permit will
	373	+	affect the unit's eligibility to participate in the National Flood
	374	+	Insurance Program.".
	375	+	Renumber all SECTIONS consecutively.
	376	+	(Reference is to ESB 242 as printed March 23, 2023.)
	377	+	BAIRD
	378	+	ES 242—LS 7075/DI 55