*Supported by IBA State Wetlands * Authors: Sen. Garten (R-Charlestown), Messmer (R-Jasper) & Rogers (R-Granger) + 19 Co-Authors Sponsors: Rep. Lehman (R-Berne), Gutwein (R-Francesville), Thompson (R-Indianapolis), Morrison (R-Brazil) Summary: SEA 389 State wetlands - protects high-quality isolated wetlands while reducing the regulatory costs and permitting requirements on low-quality Class I isolated wetlands in Indiana. Specifically, the legislation will: - Exempt permit requirements for the development of cropland that has been used for agricultural purposes within 5 or 10 years, depending on situation
- Exempt permit and mitigation requirements for wetland activities in a Class I wetland that are not subject to regulation under Section 404 of the federal Clean Water Act (CWA)
- Clarify the definition of a Class II wetland
- Clarify that a permit is not required in a Class II wetland smaller than 3/8 acre in size
- Make no change to existing law as it relates to Class III wetlands and mitigation requirements
- Codify in Indiana Code that wetland activity in an ephemeral stream does not require a permit, unless one is required under the CWA
- Exempt certain wetlands within municipal boundaries
- Establish a 14-member wetlands task force that will study Indiana's wetlands and provide a report to the Indiana General Assembly by 11/1/22
Key Votes: House 3rd Reading Vote | Senate Concurrence Vote Position: Supported. Ask Governor Holcomb to sign SEA 389 into law. Natural Gas Ban Preemption * Author: Rep. Pressel (R-Rolling Prairie) | Sponsors: Sen. Koch (R-Bedford) & Bohacek (R-Michigan City) Summary: HEA 1191 Natural gas ban preemption - prohibits local governments from banning the purchase of, use of, or connection to a utility service based on the energy source of the utility service Key Votes: House Conference Committee Report | Senate Conference Committee Report Position: Supported Funding for BYF Indiana * Author: Rep. Brown (R-Crawfordsville) | Sponsor: Sen. Mishler (R-Bremen) Summary: HEA 1001 Funding for BYF Indiana - state's 2-year budget includes funding for the Build Your Future Indiana program, which encourages Hoosiers to learn about careers in construction; establishes a summer study committee on affordable, workforce, and "missing middle" housing in Indiana; requires the state Dept. of Education to report on the availability of federal funding to hire high school counselors with a focus on career counseling and technical or vocational training Position: Supported Performance Bonding of Developers * Author: Rep. Pressel (R-Rolling Prairie) | Sponsor: Sen. Doriot (R-Syracuse) Summary: HEA 1466 Performance bonding of developers - clarifies that local government cannot impose bonding requirements on developers beyond those expressly allowed by statute and must record secondary plats for subdivisions that comply with all other applicable statutes and ordinances Key Votes: House 3rd Reading | Senate 3rd Reading Position: Supported Water and Wastewater Service * Author: Rep. Pressel (R-Rolling Prairie) | Sponsor: Sen. Ford (R-Terre Haute) Summary: HEA 1287 Water and wastewater service - provides affordable water and wastewater service to underserved areas and clarifies that if your remodeling project does not add a bedroom or bedroom equivalent and the septic system gets the "ok" from a qualified inspector, the property owner isn't required to upgrade the septic system or connect to a sewer system Position: Supported Landlord-Tenant Relations * Author: Rep. Manning (R-Logansport) | Sponsor: Sen. Doriot (R-Syracuse) Summary: HEA 1541 Landlord-tenant relations (and veto override of SEA 148-2020) - provides uniform statewide regulations for landlord-tenant matters; allows for streamlined business practices and guarantees continued investment in the state; provides statewide protection for tenants by prohibiting landlords from retaliating against tenants who bring concerns about living conditions Position: Supported Withholding Tax Remittance * Author: Sen. Rogers (R-Granger) | Sponsor: Rep. Miller (R-Elkhart) Summary: SEA 234 Withholding tax remittance - adds requirements for payroll service providers to protect businesses should the PSPs fail to deposit a business client's employer withholding taxes when due Position: Supported Recording Requirements * Author: Rep. Torr (R-Carmel) |Sponsor: Sen. Brown (R-Fort Wayne) Summary: HEA 1056 Recording requirements - fixes SEA 340-2020 that resulted in a disruption in the real estate market by unintentionally requiring a separate witness for instruments and conveyances to be recorded Position: Supported COVID-19 Civil Immunity * Author: Sen. Messmer (R-Jasper) | Sponsor: Rep. Torr (R-Carmel) Summary: SEA 1 Civil immunity related to COVID-19 - shields businesses from employee or customer lawsuits over coronavirus exposure, except for an act or omission that constitutes gross negligence or willful or wanton misconduct Position: Supported Low Income Housing * SEA 214 Low income housing - reinstates provisions that were repealed in the 2016 session in Senate Bill 309 regarding eligibility for the property tax exemption for improvements on real property that are constructed, rehabilitated, or acquired for the purpose of providing low income housing CTE * HEA 1549 Education matters - allows a high school to replace certain high school courses on the high school transcript with alternative courses in science, technology, engineering, or mathematics (STEM) in order to satisfy an Indiana diploma with a Core 40 with an academic honors designation or another designation requirement Marion County Zoning SEA 392 Marion County zoning - provides that the legislative body and the board of zoning appeals (BZA) of Lawrence, Speedway, Southport, and Beech Grove in Marion County have exclusive territorial jurisdiction within the excluded city's boundaries, and makes other changes Tax Sales SEA 28 Tax sales - prohibits a person who is delinquent in the payment of personal property taxes or is subject to an existing personal property tax judgment from bidding on or purchasing a tract at a tax sale Property Tax Assessment Freeze After Appeal HEA 1166 Property tax matters - provides that if an assessment on a taxpayer's residential real property or commercial property, with an assessed value of $3 million or less, is increased for a tax year for any reason other than by application of the annual adjustment factor, and the taxpayer appeals the increased assessment to the county property tax assessment board of appeals or the Indiana board of tax review and prevails, or prevails at any subsequent appeal of the increased assessment, the assessing official shall not increase the assessed value on the residential real property or commercial property until the first year of the next four year cyclical assessment cycle for any reason other than by application of the annual adjustment factor; other conditions apply Small Business Grants HEA 1004 Small business grant restart program - provides grants of $10,000 per month to small businesses, with a maximum award of $50,000 School Based Enterprise Requires No Change in Use HEA 1270 Department of Homeland Security - requires a school based enterprise to comply with all rules of the fire prevention and building safety commission applicable to the primary use of the building Wastewater Task Force SEA 348 Wastewater Task Force - tasked with developing a long-term plan for addressing wastewater needs in Indiana Business Personal Property Tax Exemption SEA 336 Business personal property tax exemption - doubles the acquisition cost threshold for the business personal property tax exemption from $40,000 to $80,000 Small Cell Facilities HEA 1164 Various utility matters - adds regulations for wireless service providers regarding the placement of a new utility pole or wireless support structure in connection with the construction, placement, or use of a small cell facility Local Health Departments SEA 5 Local health departments; public health emergencies - limits the authority of county or city health departments by allowing local elected officials to overturn orders or enforcement actions issued during emergencies; if the governor declares an emergency as an executive order, local health departments can't adopt more stringent orders without first receiving approval from the local legislative body; establishes appeals process for orders Legislative Oversight During Emergencies HEA 1123 Legislative oversight of certain fiscal and emergency matters - allows the legislature to reconvene in their regular session without the Governor's approval to make spending decisions or act on any executive orders; vetoed by Governor Holcomb; Indiana General Assembly voted to override the veto; likely headed to court |
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