More than 75 bills related to the environment have been filed at the Indiana General Assembly, a swell that was somewhat unexpected in a year when lawmakers are facing major issues such as the ongoing COVID-19 pandemic, racial inequality and widespread economic hardship.
Some of the bills could mean big steps forward for reducing Indiana’s carbon emissions footprint, boosting “green” industries in the state and cleaning up Indiana’s water and air.
On the other end of the spectrum, other bills could repeal entire laws protecting the state’s natural wetlands or potentially limit Hoosiers’ ability to protect themselves from factory farm pollution.
It’s a regulatory tug-of-war on environmental policy seen every year at the Republican-controlled Statehouse. But with more than 75 bills authored by dozens of lawmakers, there’s a lot of legislation to sift through — so we did it for you.
Here’s what you need to know about the bills with the biggest potential for impacting Indiana’s environment.
This story will be updated.
Water
How to protect and regulate Indiana’s waters is proving a hearty subject of debate this legislative session.
Most notably, Senate Bill 389 would repeal the state’s wetlands law and strip protections for as much as 80% of Indiana’s wetlands, It is moving through the Senate with what appears to be strong Republican support. The bill has over 22 co-authors, according to a statement from author Sen. Chris Garten.
Environmentalists strongly oppose the bill, which they say could have significant impacts on Indiana’s water quality, wetlands and flood mitigation.
Also on the table are bills that tackle wastewater issues in Indiana.
Two bills, House Bill 1038 and SB 419, would require inspections of septic systems before selling a property, in hopes of cutting down on the hundreds of thousands of septic systems failing in the state. Another, SB 348, would establish a wastewater task force to evaluate state wastewater needs, an issue that is likely to be exacerbated with increased rainfall as climate change progresses.
SB 389: Repeals state regulated wetlands law, authored by Republican Sens. Chris Garten, Mark Messmer, Linda Rogers. Amended and passed out of the Senate Environmental Affairs committee Jan. 25 by a vote of 8 to 3, along party lines.
HB 1038: Septic system inspection before property transfer, authored by Republican Rep. Mike Aylesworth. Referred to the House Environmental Affairs committee. Not yet scheduled for a hearing.
SB 419: Septic systems, wells and regulated drains, authored by Democrat Sen. Shelli Yoder. Referred to the Senate Environmental Affairs committee. Not yet scheduled for a hearing.
SB 348: Wastewater task force, authored by Republican Sen. Eric Koch. Referred to the Senate Utilities committee. Scheduled to be heard Jan. 28 at 10:15 a.m.
CAFOs and right to farm
Bills related to factory farming in Indiana pop up every year, and this year is no exception. There are two bills that would bolster regulations of concentrated animal feeding operations, or CAFOs. One, SB 29, would require annual inspections and the other, HB 1472, would provide greater protections to neighbors of the farms — which was the subject of a lawsuit last year that went all the way to Indiana’s Supreme Court.
These types of bills have continued to be defeated in Indiana’s Republican-led General Assembly in recent years.
On the other side, there are two bills — HB 1380 and SB 411 — that advocates worry would limit their legal recourse options and further strip Hoosiers’ rights to protect themselves against neighboring factory farms. And one resolution, Senate Joint Resolution 14, could actually enshrine the rights of farming operations in Indiana’s Constitution.
SJR 14: Right to farm, authored by Republican Sens. Blake Doriot, Mark Messmer and James Tomes. Referred to the Senate Rules and Legislative Procedure committee. Not yet scheduled for a hearing.
SB 29: Annual inspections of CAFOs, authored by Republican Sen. Rick Niemeyer. Referred to the Senate Agriculture committee. Not yet scheduled for a hearing.
HB 1472: Right to farm, authored by Democrat Rep. Sue Errington. Referred to the House Agriculture and Rural Development committee. Not yet scheduled for a hearing.
HB 1380: Environmental nuisance actions, authored by Republican Rep. Alan Morrison. Referred to the House Environmental Affairs committee. Not yet scheduled for a hearing.
SB 411: Environmental nuisance actions, authored by Republican Sens. Scott Baldwin and Jon Ford. Referred to the Senate Environmental Affairs committee. Not yet scheduled for a hearing.
Hemp
Several bills proposed this session, including HB 1224, HB 1046, SB 273, and HB 1233, tackle issues facing the hemp industry. The industry is new to Indiana and has the potential, some predict, to bring millions in revenue into the state in the coming years.
Of major interest is smokable hemp, also known as craft hemp flower. Hemp flower looks and smells much like marijuana, but contains a far lower concentration of THC, the part of the cannabis plant that gets users high.
Under current law, possession, manufacturing or delivery of hemp flower is banned. In many other states and federally, however, it is not. Industry advocates say decriminalizing hemp flower will help Indiana growers regain a competitive edge nationally.
But opponents of the change point out that differentiating between marijuana and hemp flower is difficult for law enforcement officers, and decriminalizing hemp flower could further complicate marijuana regulation.
HB 1224: Craft hemp flower and hemp production, authored by Republican Rep. Sean Eberhart. Heard in House Commerce, Small Business and Economic Development committee Jan. 25, but not voted on.
HB 1046: Hemp Flower, authored by Republican Rep. Jim Lucas. Referred to the House Courts and Criminal Code committee. Not yet scheduled for a hearing.
SB 273: Craft hemp flower and hemp production, authored by Republican Sen. Mark Messmer. Referred to the Senate Commerce and Technology committee. Not yet scheduled for a hearing.
HB 1233: Regulation of hemp production, authored by Republican Rep. Chris Judy. Referred to the House Agricultural and Rural Development committee.
Energy Task Force legislation
Indiana’s 21st Century Energy Task Force, a nearly two-year effort to help chart a course for Indiana’s energy future and find the right fuel mix for the state, wrapped up last year. The group laid out some key findings and priorities to focus on for this legislative session, which are laid out across several bills.
HB 1220 would reestablish the task force to tackle topics — net metering, energy efficiency, etc. — that weren’t discussed in the first term. Another, HB 1381, would create some standards for where wind and solar projects can be located so that rules are more consistent across the state.
The others are a bit more complicated: HB 1520 would create some metrics to ensure that utilities are providing the most reliable electricity, while SB 386 would create a pilot program on how to pay for coal plants that have been retired early, as a way to help with the transition away from fossil fuels.
HB 1220: 21st Century Energy Policy Development Task Force, authored by Republican Rep. Edmond Soliday. Heard in the House Utilities, Energy and Telecommunications committee on Jan. 26. Passed out of committee 9 to 4, along party lines.
HB 1520: Electric utility reliability adequacy metrics, authored by Republican Rep. Edmond Soliday. Scheduled for a hearing in the House Utilities, Energy and Telecommunications committee on Tuesday.
SB 386: Cost securitization for electric utility assets, authored by Republican Sen. Eric Koch. Scheduled for a hearing in the Senate Utilities committee on Thursday.
HB 1381: Commercial wind and solar standards and siting, authored by Republican Rep. Edmond Soliday. Scheduled for a hearing in the House Utilities, Energy and Telecommunications committee on Tuesday.
Coal ash
What to do with the massive amounts of coal ash piled up in pits across the state — of which Indiana has more of than any other state — has long been a point of contention. This year, however, is the first that this debate is coming to Indiana’s General Assembly.
There are two bills, both from Democrats in Northwest Indiana, that would add requirements intended to better protect public health and prevent groundwater contamination. More specifically, SB 367 and HB 1469 would govern how utilities must close their coal ash ponds and dispose of the ash, requiring them to excavate the ash and store it in a dry and lined landfill.
SB 367: Disposal of coal combustion residuals, authored by Democrat Sen. Karen Tallian. Referred to the Senate Environmental Affairs committee. Not yet scheduled for a hearing.
HB 1469: Coal combustion residuals, authored by Democrat Rep. Pat Boy. Referred to the House Environmental Affairs committee. Not yet scheduled for a hearing.
Lead, radon and pesticides
The issue of lead levels in school buildings returns to lawmakers’ attention this session. Last year, a bill requiring mandatory testing in schools statewide passed through the legislature shortly after IndyStar reporting showcased lead exposure in Marion County schools.
This year, HB 1045 would require testing of drinking water in preschool and childcare facilities, and another, HB 1087, would require a school corporation to ensure their plumbing products are lead-free. Yet another bill, HB 1341, would require testing school buildings for another danger: radon, a radioactive gas linked to cancer.
Outside of school buildings, SB 227, which has already cleared the Senate, would allow the state chemist more control over enforcing pesticide violations.
HB 1045: Preschool and Childcare facility drinking water, authored by Democrat Rep. Carolyn Jackson. Referred to the House Environmental Affairs committee. Not yet scheduled for a hearing.
HB 1087: Lead free plumbing products in school buildings, authored by Democrat Rep. Earl Harris. Referred to the House Environmental Affairs committee. Not yet scheduled for a hearing.
HB 1341:Radon testing in school buildings, authored by Democrat Rep. Mike Andrade. Referred to the House Public Health committee. Not yet scheduled for a hearing.
SB 227:Enforcement of pesticide violations, authored by Republican Sens. Jean Leising and Susan Glick and Democrat Sen. Timothy Lanane. Passed out of the Senate on Jan. 25 by a vote of 49 to 0. Now heading to the House.
PFAS chemicals
Growing concern about a family of synthetic “forever chemicals” called PFAS contaminants has prompted two bills tackling different aspects of the issue.
States around the country started regulating these long-lasting chemicals, which have been tied to maladies ranging from cholesterol to cancer. The Biden administration has also promised to tackle them on the federal level. The chemicals have been found in Indianapolis’ tap water.
Last year, a bill limiting the chemicals’ use in firefighting foam passed through the legislature without friction. This year, lawmakers are hoping to set maximum contaminant levels for PFAS chemicals in public water systems with HB 1129, and to begin testing for the contaminants in acting and former military members, who are likely to be exposed to the chemicals on military bases, through SB 1568.
HB 1129:PFAS in public water systems, authored by Democrat Rep. Ryan Dvorak. Referred to the House Environmental Affairs committee. Not yet scheduled for a hearing.
SB 1568: Veteran and military benefits for PFAS exposure, authored by Democrat Rep. Maureen Bauer. Referred to the House Veterans Affairs and Public Safety committee. Not yet scheduled for a hearing.
Renewable and other energy
Rooftop solar continues to grow in Indiana — but not nearly as fast as it could, advocates say, if the state hadn’t phased out a key incentive meant to help more people install the renewable energy source. The General Assembly passed a law a few years ago to eventually remove net metering from the state. Each year since, bills have been proposed to reinstate the incentive or allow more people access.
This year is no different. Three bills — SB 420, SB 249 and HB 1394, the latter two from Republicans — would extend the deadline for net metering. Some have made the argument that this is needed to delay the phase out until the task force can take a look at the policy and make some recommendations.
Another bill, HB 1191, would prevent a city or town from banning any particular fuel source as energy for buildings in its area. Though the bill does not specify a particular type of fuel, the bill’s author has made it clear it’s to keep governments from banning natural gas.
SB 249: Net metering for electricity generation, authored by Republican Sen. Roy Alting. Referred to the Senate Utilities committee. Not yet scheduled for a hearing.
HB 1394: Net metering for electricity generation, authored by Republican Rep. Anthony Cook. Referred to House Utilities, Energy and Telecommunications committee. Not yet scheduled for a hearing.
SB 420: Distributed generation, authored by Democrat Sen. Shelli Yoder. Referred to the Senate Utilities committee. Not yet scheduled for a hearing.
HB 1191: Local unit power to utility connection, authored by Republican Rep. Jim Pressel. Amended and passed out of the House Utilities, Energy and Telecommunications committee on Jan. 26 by a vote of 9 to 4, along party lines.
Electric Vehicles
Indiana has long been known as the “Crossroads of America” with its numerous highways spanning across the state. But if it is to keep its crossroads crown, then experts, environmentalists and energy advocates all agree that Indiana must work to electrify its roads.
There are a couple bills this session that would work to expand electric vehicle infrastructure across the state. The hope is that it will encourage more drivers to choose electric vehicles and create the potential economic growth that comes with it.
HB 1385 would allow utilities to create a pilot to establish an infrastructure program for electric vehicles. The other, HB 1168, focuses more on the manufacturing side of things, helping the auto manufacturers that call Indiana home to build out their ability to produce more electric vehicles.
HB 1168: Electric vehicles and advanced technology, authored by Republican Rep. Michael Karickhoff. Scheduled for a hearing in the House Ways and Means committee on Tuesday.
HB 1385: Electric vehicle infrastructure pilot programs, authored by Republican Rep. Ethan Manning. Heard in the House Utilities, Energy and Telecommunications committee on Jan. 26, but was not voted on.
Transportation
Bills with the potential to expand — or stall — public transportation across Indiana are moving through the legislature this year.
For Indianapolis residents, SB 141 could have a significant impact. The bill would withhold income tax revenue from Marion County if the county doesn’t raise the amount of revenue required for assistance on a transportation project. That could endanger the Blue and Purple bus lines set to come to the city in the coming years.
On the other end of the spectrum, SB 9 would create an Indiana passenger rail commission for developing rail projects around the state and region.
Public transportation, in particular passenger rails that connect travelers to nearby cities, is touted as a major method for reducing greenhouse gas emissions from vehicles. When the legislature halted funding for Amtrak’s Hoosier State line in 2019, environmentalists criticized the decision for its impact on the state’s emissions footprint.
SB 141: Central Indiana public transportation projects, authored by Republican Sens. Aaron Freeman and Michael Young. Referred to the Senate Homeland Security and Transportation committee. Not yet scheduled for a hearing.
SB 9:Indiana Passenger Rail Commission, authored by Republican Sens. Dennis Kruse and Jeff Raatz. Referred to the Senate Homeland Security and Transportation committee. Not yet scheduled for a hearing.
Climate Change
Almost two thirds of Indiana is farmland, and some Indiana lawmakers want to put that land to work — sequestering greenhouse gases, that is. SB 373 would bring a carbon market to Indiana to pay farmers for methods that help to capture carbon in the soil.
Carbon markets, which have also been proposed by the Biden administration, have potential to be a source of income for farmers while also reducing emissions footprints. But skeptics question the logistics and fairness of implementing a carbon credit system.
Another bill, SB 121, would require Indiana University to study “green” industries and how they could impact Indiana’s economic growth. HB 1344 would require the Indiana Department of Environmental Management to create a grant program for local governments to conduct greenhouse gas inventories.
SB 373: Carbon credit programs, authored by Republican Sens. Susan Glick, Rick Niemeyer and Democrat Sen. J.D. Ford. Referred to the Senate Natural Resources committee. Scheduled for hearing at 10:00 a.m. on Feb. 1.
SB 121: Study of low-carbon and green industries, authored by Democrat Senator Timothy Lanane. Referred to the Senate Environmental Affairs committee. Not yet scheduled for a hearing.
HB 1344: Greenhouse gas emissions inventory grant program, authored by Democrat Rep. Pat Boy. Referred to the Senate Environmental Affairs committee. Not yet scheduled for a hearing.
Building and development
With HB 1342, more public buildings may be certified with LEED standards, the world’s most widely used rating system for “green” buildings.
The bill would require the Office of Management and Budget to measure the costs and benefits of building or upgrading public buildings with LEED standards, which include energy efficiency requirements. Indiana has historically ranked low among states when it comes to LEED-certified space per person.
Another bill, HB 1055, would establish a watershed development commission that could help to create flood control and drainage plans for watersheds across the state.
HB 1342: LEED Certification of public buildings, authored by Democrat Rep. Mike Andrade. Referred to the House Government and Regulatory Reform committee. Not yet scheduled for hearing.
HB 1055:Watershed development commissions, authored by Republican Rep. Mike Aylesworth. Referred to the House Natural Resources committee. Not yet scheduled for hearing.
Recreation and wildlife
Indiana’s forests have been a topic of much debate over the last several years, as some log cuts in state forests have left the public frustrated and concerned about wildlife habitat. State officials, environmentalists and industry can’t seem to decide how the state’s land and its wildlife should be managed.
Two bills proposed this year would set aside areas within state property, with HB 1222 geared toward protecting old growth areas and HB 1292 on preserving habitat for wildlife. The bills would also create some standards and requirements around how those areas are to be managed and used by state agencies.
Similar legislation has been unsuccessful in past years, but has continued to garner more support with every session.
HB 1222: Old forest areas in state forests, authored by Republican Rep. Chris May. Referred to the House Natural Resources committee. Not yet scheduled for a hearing.
HB 1292: Wildlife corridors, authored by Democrat Rep. Ryan Dvorak. Referred to the House Natural Resources committee. Not yet scheduled for a hearing.
Contact IndyStar reporter London Gibson at 317-419-1912 or lbgibson@gannett.com. Follow her on Twitter @londongibson. Call IndyStar reporter Sarah Bowman at 317-444-6129 or email at sarah.bowman@indystar.com. Follow her on Twitter and Facebook: @IndyStarSarah.
Connect with IndyStar’s environmental reporters: Join The Scrub on Facebook.
IndyStar’s environmental reporting project is made possible through the generous support of the nonprofit Nina Mason Pulliam Charitable Trust.
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