Indiana 2024 Regular Session

Indiana House Bill HB1387 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1387.1
	2	+	February 23, 2024
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1387
	5	+	_____
	6	+	DIGEST OF HB 1387 (Updated February 22, 2024 11:12 am - DI 87)
	7	+	Citations Affected: IC 5-1.2; IC 36-7.
	8	+	Synopsis: Housing development. Makes various changes to the
	9	+	residential housing infrastructure assistance program. Expands the
	10	+	definition of "economic development facilities" applicable to the
	11	+	economic development and pollution control statutes to include
	12	+	facilities for housing for purposes of redevelopment commission
	13	+	programs outside Indianapolis for age-restricted housing or residential
	14	+	housing development. Makes a technical correction.
	15	+	Effective: July 1, 2024.
	16	+	Miller D, O'Brien, Jordan
	17	+	(SENATE SPONSOR — ROGERS)
	18	+	January 11, 2024, read first time and referred to Committee on Government and Regulatory
	19	+	Reform.
	20	+	January 23, 2024, reported — Do Pass. Referred to Committee on Ways and Means
	21	+	pursuant to Rule 127.
	22	+	January 30, 2024, reported — Do Pass.
	23	+	February 1, 2024, read second time, ordered engrossed. Engrossed.
	24	+	February 5, 2024, read third time, passed. Yeas 96, nays 2.
	25	+	SENATE ACTION
	26	+	February 12, 2024, read first time and referred to Committee on Local Government.
	27	+	February 22, 2024, reported favorably — Do Pass.
	28	+	EH 1387—LS 7059/DI 129 February 23, 2024
1	29		Second Regular Session of the 123rd General Assembly (2024)
2	30		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	31		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	32		additions will appear in this style type, and deletions will appear in this style type.
5	33		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	34		provision adopted), the text of the new provision will appear in this style type. Also, the
7	35		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	36		a new provision to the Indiana Code or the Indiana Constitution.
9	37		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	38		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1387
12		-	AN ACT to amend the Indiana Code concerning state and local
13		-	administration.
	39	+	ENGROSSED
	40	+	HOUSE BILL No. 1387
	41	+	A BILL FOR AN ACT to amend the Indiana Code concerning state
	42	+	and local administration.
14	43		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 5-1.2-15.5-4.5 IS ADDED TO THE INDIANA
16		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
17		-	[EFFECTIVE JULY 1, 2024]: Sec. 4.5. As used in this chapter,
18		-	"political subdivision" has the meaning set forth in IC 5-1.2-2-57.
19		-	SECTION 2. IC 5-1.2-15.5-10, AS ADDED BY P.L.204-2023,
20		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21		-	JULY 1, 2024]: Sec. 10. Loans from the fund must be allocated and
22		-	made available to participants as follows:
23		-	(1) Seventy percent (70%) of the money in the fund must be used
24		-	for housing infrastructure in municipalities benefitting political
25		-	subdivisions with a population of less than fifty thousand
26		-	(50,000).
27		-	(2) Thirty percent (30%) of the money in the fund must be used
28		-	for housing infrastructure in all other political subdivisions not
29		-	described in subdivision (1).
30		-	SECTION 3. IC 5-1.2-15.5-14, AS ADDED BY P.L.204-2023,
31		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32		-	JULY 1, 2024]: Sec. 14. (a) The authority shall develop and use a
33		-	priority ranking system in making loans from the fund.
34		-	(b) The ranking system must prioritize making loans for eligible
35		-	projects to participants that:
36		-	HEA 1387 2
37		-	(1) have:
38		-	(A) invested in a housing study within the last five (5) years;
39		-	(B) had a housing study performed by a region's local
40		-	economic development organization; or
41		-	(C) demonstrated the need for housing inventory as indicated
42		-	by the Indiana state housing dashboard;
43		-	(2) have voluntarily revised unified development ordinances,
44		-	zoning regulations, or other land development rules to allow for:
45		-	(A) higher density development;
46		-	(B) construction of other housing types including accessory
47		-	dwelling units and manufactured and modular housing;
48		-	(C) adaptive reuse of commercial buildings for residential use;
49		-	or
50		-	(D) waiver or elimination of regulations such as requirements
51		-	for:
52		-	(i) garage size and placement;
53		-	(ii) steeper roof pitch;
54		-	(iii) minimum lot size and square footage;
55		-	(iv) greater setbacks;
56		-	(v) off-street parking; or
57		-	(vi) design standards that restrict or prohibit the use of code
58		-	compliant products;
59		-	(3) do not have impact fee ordinances;
60		-	(4) have secured private, local, state, or federal funds to
61		-	contribute to the eligible project;
62		-	(5) have secured a letter of support from an employer stipulating
63		-	that the public infrastructure will support residential housing that
64		-	is in reasonable proximity to employment; or
65		-	(6) assist
66		-	(A) homeowners to age in place through restoration or
67		-	renovation of existing homes. or
68		-	(B) communities in preparing for shovel ready housing.
69		-	SECTION 4. IC 36-7-11.9-3, AS AMENDED BY P.L.131-2008,
70		-	SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
71		-	JULY 1, 2024]: Sec. 3. (a) "Economic development facilities" includes
72		-	land; interests in land; site improvements; infrastructure improvements;
73		-	buildings; structures; rehabilitation, renovation, and enlargement of
74		-	buildings and structures; economic improvement projects under
75		-	IC 36-7-22; machinery; equipment; and furnishings for the following:
76		-	(1) Facilities for manufacturing, warehousing, distribution, or
77		-	processing of tangible or intangible property.
78		-	(2) Facilities for commercial, business, health care, or recreational
79		-	HEA 1387 3
80		-	activities (whether for profit or not-for-profit), except for any of
81		-	the following:
82		-	(A) Private or commercial golf course.
83		-	(B) Country club.
84		-	(C) Massage parlor.
85		-	(D) Tennis club.
86		-	(E) Skating facility (including roller skating, skateboarding, or
87		-	ice skating).
88		-	(F) Racquet sports facility (including any handball or
89		-	racquetball court).
90		-	(G) Hot tub facility.
91		-	(H) Suntan facility.
92		-	(I) Racetrack.
93		-	(J) Airplane.
94		-	(K) Skybox or other private luxury box.
95		-	(L) Health club.
96		-	(M) Any facility primarily used for gambling.
97		-	(N) Any store the principal business of which is the sale of
98		-	alcoholic beverages for consumption off premises.
99		-	(3) Facilities for housing under either or both of the following
100		-	statutes:
101		-	(A) IC 36-7-14-52.
102		-	(B) IC 36-7-14-56.
103		-	HEA 1387 Speaker of the House of Representatives
104		-	President of the Senate
105		-	President Pro Tempore
106		-	Governor of the State of Indiana
107		-	Date: Time:
108		-	HEA 1387
	44	+	1 SECTION 1. IC 5-1.2-15.5-4.5 IS ADDED TO THE INDIANA
	45	+	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
	46	+	3 [EFFECTIVE JULY 1, 2024]: Sec. 4.5. As used in this chapter,
	47	+	4 "political subdivision" has the meaning set forth in IC 5-1.2-2-57.
	48	+	5 SECTION 2. IC 5-1.2-15.5-10, AS ADDED BY P.L.204-2023,
	49	+	6 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	50	+	7 JULY 1, 2024]: Sec. 10. Loans from the fund must be allocated and
	51	+	8 made available to participants as follows:
	52	+	9 (1) Seventy percent (70%) of the money in the fund must be used
	53	+	10 for housing infrastructure in municipalities benefitting political
	54	+	11 subdivisions with a population of less than fifty thousand
	55	+	12 (50,000).
	56	+	13 (2) Thirty percent (30%) of the money in the fund must be used
	57	+	14 for housing infrastructure in all other political subdivisions not
	58	+	15 described in subdivision (1).
	59	+	16 SECTION 3. IC 5-1.2-15.5-14, AS ADDED BY P.L.204-2023,
	60	+	17 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	61	+	EH 1387—LS 7059/DI 129 2
	62	+	1 JULY 1, 2024]: Sec. 14. (a) The authority shall develop and use a
	63	+	2 priority ranking system in making loans from the fund.
	64	+	3 (b) The ranking system must prioritize making loans for eligible
	65	+	4 projects to participants that:
	66	+	5 (1) have:
	67	+	6 (A) invested in a housing study within the last five (5) years;
	68	+	7 (B) had a housing study performed by a region's local
	69	+	8 economic development organization; or
	70	+	9 (C) demonstrated the need for housing inventory as indicated
	71	+	10 by the Indiana state housing dashboard;
	72	+	11 (2) have voluntarily revised unified development ordinances,
	73	+	12 zoning regulations, or other land development rules to allow for:
	74	+	13 (A) higher density development;
	75	+	14 (B) construction of other housing types including accessory
	76	+	15 dwelling units and manufactured and modular housing;
	77	+	16 (C) adaptive reuse of commercial buildings for residential use;
	78	+	17 or
	79	+	18 (D) waiver or elimination of regulations such as requirements
	80	+	19 for:
	81	+	20 (i) garage size and placement;
	82	+	21 (ii) steeper roof pitch;
	83	+	22 (iii) minimum lot size and square footage;
	84	+	23 (iv) greater setbacks;
	85	+	24 (v) off-street parking; or
	86	+	25 (vi) design standards that restrict or prohibit the use of code
	87	+	26 compliant products;
	88	+	27 (3) do not have impact fee ordinances;
	89	+	28 (4) have secured private, local, state, or federal funds to
	90	+	29 contribute to the eligible project;
	91	+	30 (5) have secured a letter of support from an employer stipulating
	92	+	31 that the public infrastructure will support residential housing that
	93	+	32 is in reasonable proximity to employment; or
	94	+	33 (6) assist
	95	+	34 (A) homeowners to age in place through restoration or
	96	+	35 renovation of existing homes. or
	97	+	36 (B) communities in preparing for shovel ready housing.
	98	+	37 SECTION 4. IC 36-7-11.9-3, AS AMENDED BY P.L.131-2008,
	99	+	38 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	100	+	39 JULY 1, 2024]: Sec. 3. (a) "Economic development facilities" includes
	101	+	40 land; interests in land; site improvements; infrastructure improvements;
	102	+	41 buildings; structures; rehabilitation, renovation, and enlargement of
	103	+	42 buildings and structures; economic improvement projects under
	104	+	EH 1387—LS 7059/DI 129 3
	105	+	1 IC 36-7-22; machinery; equipment; and furnishings for the following:
	106	+	2 (1) Facilities for manufacturing, warehousing, distribution, or
	107	+	3 processing of tangible or intangible property.
	108	+	4 (2) Facilities for commercial, business, health care, or recreational
	109	+	5 activities (whether for profit or not-for-profit), except for any of
	110	+	6 the following:
	111	+	7 (A) Private or commercial golf course.
	112	+	8 (B) Country club.
	113	+	9 (C) Massage parlor.
	114	+	10 (D) Tennis club.
	115	+	11 (E) Skating facility (including roller skating, skateboarding, or
	116	+	12 ice skating).
	117	+	13 (F) Racquet sports facility (including any handball or
	118	+	14 racquetball court).
	119	+	15 (G) Hot tub facility.
	120	+	16 (H) Suntan facility.
	121	+	17 (I) Racetrack.
	122	+	18 (J) Airplane.
	123	+	19 (K) Skybox or other private luxury box.
	124	+	20 (L) Health club.
	125	+	21 (M) Any facility primarily used for gambling.
	126	+	22 (N) Any store the principal business of which is the sale of
	127	+	23 alcoholic beverages for consumption off premises.
	128	+	24 (3) Facilities for housing under either or both of the following
	129	+	25 statutes:
	130	+	26 (A) IC 36-7-14-52.
	131	+	27 (B) IC 36-7-14-56.
	132	+	EH 1387—LS 7059/DI 129 4
	133	+	COMMITTEE REPORT
	134	+	Mr. Speaker: Your Committee on Government and Regulatory
	135	+	Reform, to which was referred House Bill 1387, has had the same
	136	+	under consideration and begs leave to report the same back to the
	137	+	House with the recommendation that said bill do pass.
	138	+	(Reference is to HB 1387 as introduced.)
	139	+	O'BRIEN
	140	+	Committee Vote: Yeas 10, Nays 0
	141	+	_____
	142	+	COMMITTEE REPORT
	143	+	Mr. Speaker: Your Committee on Ways and Means, to which was
	144	+	referred House Bill 1387, has had the same under consideration and
	145	+	begs leave to report the same back to the House with the
	146	+	recommendation that said bill do pass.
	147	+	(Reference is to HB 1387 as printed January 23, 2024.)
	148	+	THOMPSON
	149	+	Committee Vote: Yeas 20, Nays 0
	150	+	_____
	151	+	COMMITTEE REPORT
	152	+	Madam President: The Senate Committee on Local Government, to
	153	+	which was referred House Bill No. 1387, has had the same under
	154	+	consideration and begs leave to report the same back to the Senate with
	155	+	the recommendation that said bill DO PASS.
	156	+	(Reference is to HB 1387 as printed January 30, 2024.)
	157	+
	158	+	BUCK, Chairperson
	159	+	Committee Vote: Yeas 10, Nays 0
	160	+	EH 1387—LS 7059/DI 129