*SB0459.1*
February 5, 2025
SENATE BILL No. 459
_____
DIGEST OF SB 459 (Updated February 3, 2025 12:57 pm - DI 153)
Citations Affected: IC 13-18.
Synopsis: Environmental matters. Provides that the environmental
rules board may adopt rules establishing requirements for the
reclamation and reuse of treated wastewater. Requires certain entities
to: (1) conduct an annual public water system cybersecurity
vulnerability assessment; (2) annually provide the office of technology
with the name and contact information of any individual who will act
as the primary reporter of a cybersecurity incident; (3) submit an
annual certification to the department of environmental management
via a secured portal verifying certain information; and (4) when an
actual or suspected cybersecurity breach occurs, report the incident to
the office of technology.
Effective: July 1, 2025.
Niemeyer, Busch, Zay
January 13, 2025, read first time and referred to Committee on Environmental Affairs.
February 4, 2025, amended, reported favorably — Do Pass.
SB 459—LS 6707/DI 153 February 5, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 459
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 13-18-3-1.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 1.5. (a) The board may adopt rules under IC 4-22-2
4 and IC 13-14-9 establishing standards for the reclamation and
5 reuse of treated wastewater.
6 (b) The rules adopted under subsection (a):
7 (1) must protect state waters and public health;
8 (2) may concern multiple categories of reuse; and
9 (3) may create a permitting process.
10 SECTION 2. IC 13-18-16.5 IS ADDED TO THE INDIANA CODE
11 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2025]:
13 Chapter 16.5. Public Water Cybersecurity
14 Sec. 1. (a) This chapter applies to an entity that:
15 (1) is:
16 (A) a community water system (as defined in
17 IC 13-11-2-35.5(b)) with a population of five hundred (500)
SB 459—LS 6707/DI 153 2
1 or more;
2 (B) a publicly owned treatment works (as defined in
3 IC 13-11-2-177.5); or
4 (C) a semipublic facility (as defined in 327 IAC 5-1.5-59)
5 with a classification of Class III or Class IV (as described
6 in 327 IAC 5-23-3(4) and 327 IAC 5-23-3(5)); and
7 (2) utilizes:
8 (A) a computerized system to monitor and control the
9 processes of the entity's operation from a central location;
10 or
11 (B) another vulnerable monitoring or management system
12 identified by the department.
13 (b) An entity shall do the following:
14 (1) Conduct a cybersecurity vulnerability assessment at least
15 once per calendar year.
16 (2) Before September 1 of each year, provide the office of
17 technology established by IC 4-13.1-2-1 with the name and
18 contact information of any individual who will act as the
19 primary reporter of a cybersecurity incident.
20 (3) Beginning in 2026, not later than December 1 of each year,
21 submit a certification to the department via a secured portal
22 verifying that the entity:
23 (A) completed the assessment described in subdivision (1);
24 (B) mitigated or has documented plans to mitigate
25 identified vulnerabilities; and
26 (C) updated emergency response plans to account for
27 vulnerabilities and mitigating procedures.
28 (4) When an actual or reasonably suspected cybersecurity
29 breach occurs, report the cybersecurity incident to the office
30 of technology established by IC 4-13.1-2-1:
31 (A) either:
32 (i) not later than twenty-four (24) hours after discovery
33 of the cybersecurity incident, if the cybersecurity
34 incident impacts the operations of the entity; or
35 (ii) not later than seventy-two (72) hours after discovery
36 of the cybersecurity incident, if the cybersecurity
37 incident does not impact the operations of the entity; and
38 (B) in a format prescribed by the chief information officer
39 of the office of technology.
40 (c) In conducting an assessment under subsection (b)(1), the
41 entity shall utilize an assessment tool or framework approved by
42 the department and the office of technology established by
SB 459—LS 6707/DI 153 3
1 IC 4-13.1-2-1.
2 (d) An assessment conducted under subsection (b)(1) is
3 confidential under IC 5-14-3-4(b)(19).
SB 459—LS 6707/DI 153 4
COMMITTEE REPORT
Mr. President: The Senate Committee on Environmental Affairs, to
which was referred Senate Bill No. 459, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 2, delete lines 31 through 32, begin a new line double block
indented and insert:
"(A) either:
(i) not later than twenty-four (24) hours after discovery
of the cybersecurity incident, if the cybersecurity
incident impacts the operations of the entity; or
(ii) not later than seventy-two (72) hours after discovery
of the cybersecurity incident, if the cybersecurity
incident does not impact the operations of the entity;
and".
and when so amended that said bill do pass.
(Reference is to SB 459 as introduced.)
NIEMEYER, Chairperson
Committee Vote: Yeas 9, Nays 0.
SB 459—LS 6707/DI 153