LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7758 NOTE PREPARED: Jan 14, 2025
BILL NUMBER: HB 1628 BILL AMENDED:
SUBJECT: Property Development Matters.
FIRST AUTHOR: Rep. Snow BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: GENERAL IMPACT: Local
DEDICATED
FEDERAL
Summary of Legislation: This bill defines a "multi-jurisdictional infrastructure project" as a project that:
(1) involves the siting, construction, or deployment of facilities, equipment, or infrastructure used in the
generation, transmission, distribution, or storage of electricity, gases or fluids, or water; and (2) will have
specified impacts on residents, businesses, or political subdivisions in more than one county in Indiana. It
also provides that the state is the sole regulator of the following with respect to a multi-jurisdictional
infrastructure project, to the extent not preempted by federal law or otherwise under the jurisdiction of a
federal agency or authority:
(1) The siting and construction of any electric generation facility with a capacity of at least 50
megawatts that generates electricity to be directly or indirectly used for the furnishing of public
utility service.
(2) The siting, construction, and deployment of all facilities, equipment, and infrastructure used in
the transmission, distribution, or storage of electricity, gases or fluids, or water.
It also provides for the preemption of all other regulation by a political subdivision or a local governmental
agency of the siting, construction, or deployment of any facilities, equipment, or infrastructure with respect
to a multi-jurisdictional infrastructure project. The bill also prohibits a political subdivision from taking
specified actions concerning the siting, construction, or deployment of facilities, equipment, and
infrastructure in connection with a multi-jurisdictional infrastructure project and provides that a person that
seeks to locate, construct, or deploy any facilities, equipment, or infrastructure in connection with a
multi-jurisdictional infrastructure project is not required to obtain from a local governmental agency a permit,
or any other land use or zoning approval, with respect to the siting, construction, or deployment.
This bill requires a unit to use data from the: (1) unit's 100 year flood map; and (2) the National Oceanic and
Atmospheric Administration Atlas 14 to calculate and regulate storm water runoff from a developed or
undeveloped plat.
The bill requires a plat committee to take action on a plat application, including meeting with all necessary
individuals, not later than 30 days after receiving the application. It provides that if a plan commission or
plat committee fails to make written findings and a decision granting or denying primary approval to a plat
HB 1628 1 not later than 60 days after a public hearing, then the plat is considered to have received primary approval.
This bill provides the following: (1) Requires an applicant for a permit or approval (applicant) to be given
an extension of time if the applicant's failure to meet the application deadline was caused by unforeseen
circumstances beyond the applicant's control. (2) Provides a deadline in an ordinance for commencing or
completing a permitted use is tolled until two years after the conclusion of any litigation regarding the
granting of the permit. (3) Establishes a timeline for review of permit applications. (4) Establishes
requirements for development agreements. (5) With certain exceptions, requires the ordinances, regulations,
and statutes (legal restrictions) in effect at the time a permit is entered into to continue to apply unless the
development is not completed within 10 years. (6) With certain exceptions, requires the legal restrictions in
effect at the time a development agreement is entered into to apply for the agreement's duration.
The bill also repeals a statute requiring the ordinances, regulations, and statutes in effect at the time a zoning
permit or approval is issued to govern a development for at least three years. It moves parts of the repealed
statute to other locations.
Effective Date: July 1, 2025.
Explanation of State Expenditures:
Explanation of State Revenues:
Explanation of Local Expenditures: Multi-Jurisdictional Infrastructure Projects: This bill could reduce
local workload concerning approval and regulation of multi-jurisdictional infrastructure projects.
Improvement Location Permit: The bill repeals provision of current law pertaining to improvement location
permits and creates a new processes for a local authority’s approval of these permits. These changes are not
expected to have a significant impact on local workload concerning approving improvement location permits.
Plat Committees: The bill’s provisions will result in an increase in the administrative workload for county
and municipal planning and zoning commissions and plat committees as a result of the following:
• Before a plat committee is allowed to take action on an applicant’s plat request, the committee would
be required to meet with all necessary individuals within 30 days after receiving the request.
• The planning commission staff would be required to notify the applicant of any and all defects in
the application within 15 days after receiving the application.
Explanation of Local Revenues: This bill could potentially reduce local revenue from permitting or
application fees paid to local units of government to obtain local approval for a multi-jurisdictional
infrastructure project. Decreases in local revenue is indeterminable, but expected to be small.
State Agencies Affected: IURC.
Local Agencies Affected: County and municipal planning and zoning commissions and plat committees.
Fiscal Analyst: Bill Brumbach, 317-232-9559; Abdul Abdulkadri, 317-232-9852; James Johnson,
317-232-9869.
HB 1628 2