*HB1389.1*
February 10, 2025
HOUSE BILL No. 1389
_____
DIGEST OF HB 1389 (Updated February 10, 2025 12:06 pm - DI 137)
Citations Affected: IC 36-1; IC 36-7.
Synopsis: Local regulation. Prohibits, subject to specified exceptions,
a county, municipality, township, or neighborhood or homeowners
association from adopting or enforcing an ordinance, order, regulation,
resolution, policy, or similar measure that: (1) prohibits or restricts the
use, sale, or lease of a motor vehicle or outdoor equipment; (2)
distinguishes between motor vehicles or outdoor equipment; or (3)
results in differing regulatory standards for motor vehicles or outdoor
equipment; based on the fuel source that powers the motor vehicle or
outdoor equipment. Requires political subdivisions located within five
miles of the end of a runway of a publicly owned, public use airport to
adopt an airspace overlay zoning ordinance.
Effective: July 1, 2025.
Pressel
January 13, 2025, read first time and referred to Committee on Roads and Transportation.
February 10, 2025, amended, reported — Do Pass.
HB 1389—LS 7003/DI 119 February 10, 2025
First Regular Session of the 124th General Assembly (2025)
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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1389
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 36-1-3-15 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 15. (a) The following definitions apply throughout
4 this section:
5 (1) "Motor vehicle" means a vehicle that is:
6 (A) self-propelled;
7 (B) designed for transporting people or property on a
8 street or highway; and
9 (C) certified by the vehicle's maker under all applicable
10 federal safety and emissions standards and requirements
11 for distribution and sale in the United States.
12 (2) "Outdoor equipment" means a mechanical device that:
13 (A) is powered by a motor;
14 (B) is designed to be used outdoors for the purpose of
15 facilitating or assisting in the performance of tasks
16 associated with:
17 (i) home or lawn maintenance; or
HB 1389—LS 7003/DI 119 2
1 (ii) construction; and
2 (C) if self-propelled, is not permitted under IC 9 to be
3 driven or operated on an interstate highway.
4 The term includes lawn mowers, powered lawn trimmers, and
5 leaf blowers.
6 (b) Except as provided in subsections (c) and (d), a unit,
7 neighborhood association, or homeowners association may not
8 adopt or enforce an ordinance, order, regulation, resolution, policy,
9 or similar measure that:
10 (1) prohibits or restricts the use, sale, or lease of a motor
11 vehicle or outdoor equipment;
12 (2) distinguishes between motor vehicles or outdoor
13 equipment; or
14 (3) results in differing regulatory standards for motor vehicles
15 or outdoor equipment;
16 based on the fuel source that powers the motor vehicle or outdoor
17 equipment.
18 (c) This section does not limit the authority of a unit to adopt or
19 enforce an ordinance, order, regulation, resolution, policy, or other
20 similar measure that applies only to a motor vehicle or outdoor
21 equipment that:
22 (1) is owned by the unit; and
23 (2) is:
24 (A) included in Indiana's state implementation plan for; or
25 (B) otherwise necessary for compliance with;
26 the federal Clean Air Act (42 U.S.C. Section 7401 et seq.).
27 (d) This section does not limit the authority of a unit to adopt an
28 ordinance, order, regulation, resolution, policy, or other similar
29 measure that:
30 (1) encourages or promotes the use of:
31 (A) alternative fuel sources, such as electricity, hydrogen,
32 natural gas, or biofuels; or
33 (B) motor vehicles or outdoor equipment powered by
34 alternative fuel sources; and
35 (2) does not directly or effectively prohibit or restrict the use,
36 sale, or lease of a motor vehicle or outdoor equipment based
37 on the fuel source that powers the motor vehicle or outdoor
38 equipment.
39 SECTION 2. IC 36-7-4-201.2 IS ADDED TO THE INDIANA
40 CODE AS A NEW SECTION TO READ AS FOLLOWS
41 [EFFECTIVE JULY 1, 2025]: Sec. 201.2. (a) This section applies to
42 a political subdivision with local planning and zoning powers that:
HB 1389—LS 7003/DI 119 3
1 (1) is located within five (5) miles of the end of a runway of a
2 publicly owned, public use airport, as shown on the airport's
3 Federal Aviation Administration accepted airport master
4 plan or airport layout plan; and
5 (2) has not adopted an airspace overlay zoning ordinance.
6 (b) Not later than July 1, 2027, the administration of the
7 publicly owned, public use airport must provide the political
8 subdivision with a draft airspace overlay zoning ordinance.
9 (c) Not later than one (1) year after the political subdivision
10 receives the draft airspace overlay zoning ordinance required
11 under subsection (b), the political subdivision shall adopt an
12 airspace overlay zoning ordinance that:
13 (1) provides for compatible land use with respect to airport
14 flight activities as specified in Federal Aviation
15 Administration Advisory Circular 150/5190-4B; and
16 (2) is consistent with the requirements of IC 8-21-10-3 and 14
17 CFR 77 to address airspace protection.
HB 1389—LS 7003/DI 119 4
COMMITTEE REPORT
Mr. Speaker: Your Committee on Roads and Transportation, to
which was referred House Bill 1389, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 2, after line 38, begin a new paragraph and insert:
"SECTION 2. IC 36-7-4-201.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 201.2. (a) This section applies to
a political subdivision with local planning and zoning powers that:
(1) is located within five (5) miles of the end of a runway of a
publicly owned, public use airport, as shown on the airport's
Federal Aviation Administration accepted airport master
plan or airport layout plan; and
(2) has not adopted an airspace overlay zoning ordinance.
(b) Not later than July 1, 2027, the administration of the
publicly owned, public use airport must provide the political
subdivision with a draft airspace overlay zoning ordinance.
(c) Not later than one (1) year after the political subdivision
receives the draft airspace overlay zoning ordinance required
under subsection (b), the political subdivision shall adopt an
airspace overlay zoning ordinance that:
(1) provides for compatible land use with respect to airport
flight activities as specified in Federal Aviation
Administration Advisory Circular 150/5190-4B; and
(2) is consistent with the requirements of IC 8-21-10-3 and 14
CFR 77 to address airspace protection.".
and when so amended that said bill do pass.
(Reference is to HB 1389 as introduced.)
PRESSEL
Committee Vote: yeas 11, nays 0.
HB 1389—LS 7003/DI 119