Indiana 2025 Regular Session

Indiana House Bill HB1286 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1286
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 13-11-2; IC 13-18-28.
7	7	Synopsis: PFAS chemicals. Requires the department of environmental
8	8	management to publish a registry of persons that discharge PFAS
9	9	chemicals into waters of the state.
10	10	Effective: July 1, 2025.
11	11	Cash, McGuire
12	12	January 13, 2025, read first time and referred to Committee on Environmental Affairs.
13	13	2025 IN 1286—LS 7316/DI 150 Introduced
14	14	First Regular Session of the 124th General Assembly (2025)
15	15	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
16	16	Constitution) is being amended, the text of the existing provision will appear in this style type,
17	17	additions will appear in this style type, and deletions will appear in this style type.
18	18	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
19	19	provision adopted), the text of the new provision will appear in this style type. Also, the
20	20	word NEW will appear in that style type in the introductory clause of each SECTION that adds
21	21	a new provision to the Indiana Code or the Indiana Constitution.
22	22	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
23	23	between statutes enacted by the 2024 Regular Session of the General Assembly.
24	24	HOUSE BILL No. 1286
25	25	A BILL FOR AN ACT to amend the Indiana Code concerning
26	26	environmental law.
27	27	Be it enacted by the General Assembly of the State of Indiana:
28	28	1 SECTION 1. IC 13-11-2-158, AS AMENDED BY P.L.5-2015,
29	29	2 SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30	30	3 JULY 1, 2025]: Sec. 158. (a) "Person", for purposes of:
31	31	4 (1) IC 13-18-28;
32	32	5 (1) (2) IC 13-21;
33	33	6 (2) (3) air pollution control laws;
34	34	7 (3) (4) water pollution control laws; and
35	35	8 (4) (5) environmental management laws, except as provided in
36	36	9 subsections (c), (d), and (e);
37	37	10 means an individual, a partnership, a copartnership, a firm, a company,
38	38	11 a corporation, an association, a joint stock company, a trust, an estate,
39	39	12 a municipal corporation, a city, a school city, a town, a school town, a
40	40	13 school district, a school corporation, a county, any consolidated unit of
41	41	14 government, a political subdivision, a state agency, a contractor, or any
42	42	15 other legal entity.
43	43	16 (b) "Person", for purposes of:
44	44	17 (1) IC 13-18-10;
45	45	2025 IN 1286—LS 7316/DI 150 2
46	46	1 (2) IC 13-18-10.5;
47	47	2 (3) IC 13-20-10.5; and
48	48	3 (4) IC 13-20-17;
49	49	4 means an individual, a partnership, a copartnership, a firm, a company,
50	50	5 a corporation, an association, a joint stock company, a trust, an estate,
51	51	6 a political subdivision, a state agency, or other legal entity, or their
52	52	7 legal representative, agent, or assigns.
53	53	8 (c) "Person", for purposes of:
54	54	9 (1) IC 13-20-13;
55	55	10 (2) IC 13-20-14;
56	56	11 (3) IC 13-20-16; and
57	57	12 (4) IC 13-25-6;
58	58	13 means an individual, a corporation, a limited liability company, a
59	59	14 partnership, or an unincorporated association.
60	60	15 (d) "Person", for purposes of IC 13-20-25, means an individual, a
61	61	16 corporation, a limited liability company, a partnership, an
62	62	17 unincorporated association, or a solid waste management district
63	63	18 established under IC 13-21.
64	64	19 (e) "Person", for purposes of IC 13-23, has the meaning set forth in
65	65	20 subsection (a). The term includes a consortium, a joint venture, a
66	66	21 commercial entity, and the United States government.
67	67	22 (f) "Person", for purposes of IC 13-20-17.5, means an individual, a
68	68	23 corporation, a limited liability company, a partnership, a trust, an
69	69	24 estate, or an unincorporated association.
70	70	25 (g) "Person", for purposes of IC 13-26, means an individual, a firm,
71	71	26 a partnership, an association, a limited liability company, or a
72	72	27 corporation other than an eligible entity.
73	73	28 (h) "Person", for purposes of IC 13-29-1, means any individual,
74	74	29 corporation, business enterprise, or other legal entity either public or
75	75	30 private and any legal successor, representative, agent, or agency of that
76	76	31 individual, corporation, business enterprise, or legal entity.
77	77	32 SECTION 2. IC 13-11-2-163.3 IS ADDED TO THE INDIANA
78	78	33 CODE AS A NEW SECTION TO READ AS FOLLOWS
79	79	34 [EFFECTIVE JULY 1, 2025]: Sec. 163.3. "PFAS chemical", for
80	80	35 purposes of IC 13-18-28, means any chemical of a class of
81	81	36 fluorinated organic chemicals, including:
82	82	37 (1) perfluoroalkyl substances; and
83	83	38 (2) polyfluoroalkyl substances;
84	84	39 that contains at least one (1) fully fluorinated carbon atom.
85	85	40 SECTION 3. IC 13-11-2-264.5 IS ADDED TO THE INDIANA
86	86	41 CODE AS A NEW SECTION TO READ AS FOLLOWS
87	87	42 [EFFECTIVE JULY 1, 2025]: Sec. 264.5. (a) "Waters of the state",
88	88	2025 IN 1286—LS 7316/DI 150 3
89	89	1 for purposes of IC 13-18-28, means:
90	90	2 (1) the accumulations of water, surface and underground,
91	91	3 natural and artificial, and public and private; or
92	92	4 (2) a part of the accumulations of water;
93	93	5 that are wholly or partially within, flow through, or border upon
94	94	6 Indiana.
95	95	7 (b) The term includes all waters of the United States, as defined
96	96	8 in Section 502(7) of the federal Clean Water Act (33 U.S.C.
97	97	9 1362(7)), that are located in Indiana.
98	98	10 SECTION 4. IC 13-18-28 IS ADDED TO THE INDIANA CODE
99	99	11 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
100	100	12 JULY 1, 2025]:
101	101	13 Chapter 28. Regulation of PFAS Chemicals
102	102	14 Sec. 1. This chapter applies to any person that discharges a
103	103	15 PFAS chemical into the waters of the state.
104	104	16 Sec. 2. Beginning January 1, 2026, a person that discharges a
105	105	17 PFAS chemical into the waters of the state shall register with the
106	106	18 department.
107	107	19 Sec 3. (a) The department shall do the following:
108	108	20 (1) Develop and administer a registry of persons that
109	109	21 discharge PFAS chemicals into the waters of the state.
110	110	22 (2) Publish the registry described under subdivision (1) on the
111	111	23 department's website.
112	112	24 (3) Enforce compliance with this chapter.
113	113	25 (b) The registry must include the following information:
114	114	26 (1) The name of the registrant.
115	115	27 (2) The amount of PFAS chemicals discharged into the waters
116	116	28 of the state the previous year.
117	117	29 (3) The name of every PFAS chemical discharged into the
118	118	30 waters of the state the previous year.
119	119	31 Sec. 4. A person that fails to register with the department under
120	120	32 this chapter is subject to:
121	121	33 (1) a civil penalty not exceeding ten thousand dollars ($10,000)
122	122	34 per violation; and
123	123	35 (2) additional penalties or corrective actions prescribed by the
124	124	36 department.
125	125	37 Sec. 5. Not later than December 1, 2025, the department shall
126	126	38 adopt rules under IC 4-22-2 to implement this chapter.
127	127	2025 IN 1286—LS 7316/DI 150