Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
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provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1387
AN ACT to amend the Indiana Code concerning state and local
administration.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-1.2-15.5-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 4.5. As used in this chapter,
"political subdivision" has the meaning set forth in IC 5-1.2-2-57.
SECTION 2. IC 5-1.2-15.5-10, AS ADDED BY P.L.204-2023,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 10. Loans from the fund must be allocated and
made available to participants as follows:
(1) Seventy percent (70%) of the money in the fund must be used
for housing infrastructure in municipalities benefitting political
subdivisions with a population of less than fifty thousand
(50,000).
(2) Thirty percent (30%) of the money in the fund must be used
for housing infrastructure in all other political subdivisions not
described in subdivision (1).
SECTION 3. IC 5-1.2-15.5-14, AS ADDED BY P.L.204-2023,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 14. (a) The authority shall develop and use a
priority ranking system in making loans from the fund.
(b) The ranking system must prioritize making loans for eligible
projects to participants that:
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(1) have:
(A) invested in a housing study within the last five (5) years;
(B) had a housing study performed by a region's local
economic development organization; or
(C) demonstrated the need for housing inventory as indicated
by the Indiana state housing dashboard;
(2) have voluntarily revised unified development ordinances,
zoning regulations, or other land development rules to allow for:
(A) higher density development;
(B) construction of other housing types including accessory
dwelling units and manufactured and modular housing;
(C) adaptive reuse of commercial buildings for residential use;
or
(D) waiver or elimination of regulations such as requirements
for:
(i) garage size and placement;
(ii) steeper roof pitch;
(iii) minimum lot size and square footage;
(iv) greater setbacks;
(v) off-street parking; or
(vi) design standards that restrict or prohibit the use of code
compliant products;
(3) do not have impact fee ordinances;
(4) have secured private, local, state, or federal funds to
contribute to the eligible project;
(5) have secured a letter of support from an employer stipulating
that the public infrastructure will support residential housing that
is in reasonable proximity to employment; or
(6) assist
(A) homeowners to age in place through restoration or
renovation of existing homes. or
(B) communities in preparing for shovel ready housing.
SECTION 4. IC 36-7-11.9-3, AS AMENDED BY P.L.131-2008,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. (a) "Economic development facilities" includes
land; interests in land; site improvements; infrastructure improvements;
buildings; structures; rehabilitation, renovation, and enlargement of
buildings and structures; economic improvement projects under
IC 36-7-22; machinery; equipment; and furnishings for the following:
(1) Facilities for manufacturing, warehousing, distribution, or
processing of tangible or intangible property.
(2) Facilities for commercial, business, health care, or recreational
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activities (whether for profit or not-for-profit), except for any of
the following:
(A) Private or commercial golf course.
(B) Country club.
(C) Massage parlor.
(D) Tennis club.
(E) Skating facility (including roller skating, skateboarding, or
ice skating).
(F) Racquet sports facility (including any handball or
racquetball court).
(G) Hot tub facility.
(H) Suntan facility.
(I) Racetrack.
(J) Airplane.
(K) Skybox or other private luxury box.
(L) Health club.
(M) Any facility primarily used for gambling.
(N) Any store the principal business of which is the sale of
alcoholic beverages for consumption off premises.
(3) Facilities for housing under either or both of the following
statutes:
(A) IC 36-7-14-52.
(B) IC 36-7-14-56.
HEA 1387 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1387