Indiana 2025 Regular Session

Indiana House Bill HB1335 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. 1335
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 13-17-16; IC 13-30-10-1.5.
7	7	Synopsis: Weather control. Prohibits a person who has the intent of
8	8	affecting the intensity of sunlight, temperature, or weather from
9	9	discharging a chemical or apparatus into the atmosphere, except in
10	10	certain circumstances. Establishes that a violation is a Class B
11	11	misdemeanor.
12	12	Effective: July 1, 2025.
13	13	Sweet, Patterson
14	14	January 13, 2025, read first time and referred to Committee on Environmental Affairs.
15	15	2025 IN 1335—LS 6421/DI 153 Introduced
16	16	First Regular Session of the 124th General Assembly (2025)
17	17	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
18	18	Constitution) is being amended, the text of the existing provision will appear in this style type,
19	19	additions will appear in this style type, and deletions will appear in this style type.
20	20	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
21	21	provision adopted), the text of the new provision will appear in this style type. Also, the
22	22	word NEW will appear in that style type in the introductory clause of each SECTION that adds
23	23	a new provision to the Indiana Code or the Indiana Constitution.
24	24	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
25	25	between statutes enacted by the 2024 Regular Session of the General Assembly.
26	26	HOUSE BILL No. 1335
27	27	A BILL FOR AN ACT to amend the Indiana Code concerning
28	28	environmental law.
29	29	Be it enacted by the General Assembly of the State of Indiana:
30	30	1 SECTION 1. IC 13-17-16 IS ADDED TO THE INDIANA CODE
31	31	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
32	32	3 JULY 1, 2025]:
33	33	4 Chapter 16. Weather Control
34	34	5 Sec. 1. This chapter does not apply to a person who operates a
35	35	6 misting device or other temperature regulation device to warm or
36	36	7 cool individuals on the same premises as the device.
37	37	8 Sec. 2. A person may not, with the intent of affecting the
38	38	9 intensity of sunlight, temperature, or weather, discharge a
39	39	10 chemical or apparatus into the atmosphere.
40	40	11 SECTION 2. IC 13-30-10-1.5, AS AMENDED BY P.L.181-2018,
41	41	12 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42	42	13 JULY 1, 2025]: Sec. 1.5. (a) Except as provided in subsection (b), a
43	43	14 person regulated under IC 13-22 who knowingly:
44	44	15 (1) transports hazardous waste to an unpermitted facility;
45	45	16 (2) treats, stores, or disposes of hazardous waste without a permit
46	46	17 issued by the department under IC 13-22; or
47	47	2025 IN 1335—LS 6421/DI 153 2
48	48	1 (3) transports, treats, stores, disposes, recycles, or causes to be
49	49	2 transported used oil regulated under rules adopted by the board
50	50	3 without a manifest or in violation of the standards established by
51	51	4 the department for the management of used oil;
52	52	5 commits a Class B misdemeanor.
53	53	6 (b) Notwithstanding the maximum fine provisions of IC 35-50-3-3,
54	54	7 criminal fines for a person convicted of an offense described in
55	55	8 subsection (a) shall be assessable in a maximum amount of not less
56	56	9 than ten thousand dollars ($10,000) per day per violation.
57	57	10 (c) Except as provided in subsection (d), a person regulated under
58	58	11 IC 13-17 who knowingly violates:
59	59	12 (1) any applicable requirements of IC 13-17-4, IC 13-17-5,
60	60	13 IC 13-17-6, IC 13-17-7, IC 13-17-8, IC 13-17-9, IC 13-17-10, or
61	61	14 IC 13-17-13 or of rules of the board implementing the chapters
62	62	15 referred to in this subdivision;
63	63	16 (2) any condition of a permit issued by the department under
64	64	17 IC 13-17; or
65	65	18 (3) any fee or filing requirement in IC 13-17, including the
66	66	19 requirement to file an application for a permit under IC 13-17;
67	67	20 commits a Class C misdemeanor.
68	68	21 (d) Notwithstanding the maximum fine provisions of IC 35-50-3-4,
69	69	22 criminal fines for a person convicted of an offense described in
70	70	23 subsection (c) shall be assessable in a maximum amount of not less
71	71	24 than ten thousand dollars ($10,000) per day per violation.
72	72	25 (e) Except as provided in subsection (f), a person who willfully or
73	73	26 negligently violates:
74	74	27 (1) any applicable standards or limitations of IC 13-18-3-2.4,
75	75	28 IC 13-18-4-5, IC 13-18-12, IC 13-18-14, IC 13-18-15, or
76	76	29 IC 13-18-16 or of rules of the board implementing the chapters
77	77	30 referred to in this subdivision;
78	78	31 (2) any condition of a National Pollutant Discharge Elimination
79	79	32 System permit issued by the department under IC 13-18-19 or
80	80	33 rules adopted by the board under IC 13-18-19;
81	81	34 (3) any National Pollutant Discharge Elimination System Permit
82	82	35 filing requirement under IC 13-18-19; or
83	83	36 (4) any condition of a permit issued by the department in
84	84	37 accordance with the requirements of 33 U.S.C. 1344;
85	85	38 commits a Class A misdemeanor.
86	86	39 (f) Notwithstanding the maximum fine provisions of IC 35-50-3-2,
87	87	40 criminal fines for a person convicted of an offense described in
88	88	41 subsection (e) shall be assessable in a maximum amount of not less
89	89	42 than ten thousand dollars ($10,000) per day per violation.
90	90	2025 IN 1335—LS 6421/DI 153 3
91	91	1 (g) A person who willfully or recklessly violates any applicable
92	92	2 standards or limitations of IC 13-18-8 commits a Class B misdemeanor.
93	93	3 (h) A person who willfully or recklessly violates any applicable
94	94	4 standards or limitations of IC 13-18-9, IC 13-18-10, or IC 13-18-10.5
95	95	5 commits a Class C misdemeanor.
96	96	6 (i) A person who:
97	97	7 (1) knowingly commits any act described in subsection (a), (c), or
98	98	8 (e); and
99	99	9 (2) knows that commission of the act places another person in
100	100	10 imminent danger of death or serious bodily injury;
101	101	11 commits a Level 4 felony. However, the offense is a Level 3 felony if
102	102	12 it results in serious bodily injury to any person, and a Level 2 felony if
103	103	13 it results in the death of any person.
104	104	14 (j) It shall be a defense to an offense described in subsection (i) that
105	105	15 the person charged:
106	106	16 (1) did not know; or
107	107	17 (2) could not reasonably have been expected to know;
108	108	18 that the violation would place another person in imminent danger or
109	109	19 threat of serious bodily injury. For the purposes of subsection (i), a
110	110	20 person is responsible only for the person's own actual awareness or
111	111	21 actual belief, and knowledge by another person may not be attributed
112	112	22 to the person.
113	113	23 (k) A person who violates IC 13-17-16-2 commits a Class B
114	114	24 misdemeanor.
115	115	25 (k) (l) The penalties under this section apply regardless of whether
116	116	26 a person uses electronic submissions or paper documents to accomplish
117	117	27 the actions described in this section.
118	118	2025 IN 1335—LS 6421/DI 153