| HB1019 | DEAD AND DYING TREES. (SAUNDERS T) Defines "dead or dying tree". Renames a county weed control board as the weed and tree control board (board). Requires the board to remove dead or dying trees located on property owned, leased, or controlled by a county, municipality, or township (unit) under certain conditions. Provides that the board may pay the costs of dead or dying tree removal. Provides immunity to a unit for failing to remove a dead or dying tree that falls on a roadway controlled by the unit. |
| | Current Status: | 1/31/2022 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.2)
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| | State Bill Page: | HB1019 |
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| HB1022 | ANNEXATION AND ZONING. (THOMPSON J) Provides the following with regard to an annexation of territory (territory) that is at least 80% contiguous to the municipality: (1) The municipality must conduct three (instead of six) public information meetings regarding the proposed annexation. (2) A landowner may not remonstrate against the annexation. (3) The county executive may void the annexation. (4) A landowner may file a court action to void an annexation on the grounds that the municipality failed to fulfill certain statutory requirements. If successful, the landowner may collect attorney's fees and costs. (5) If voided, a municipality may not attempt another annexation of the territory for four years. Specifies, with regard to a request for a variance on property abutting a county line, who is an interested party and must be given notice of the variance hearing. Requires a board of zoning appeals to consider any effect that approval of a variance from development standards may have on wells and septic systems. Makes the following changes with regard to area plan commissions: (1) Allows only the appointing authority to remove a member of an area plan commission. (2) Requires the county legislative body (instead of the area plan commission) to appoint the executive director for an area planning department. |
| | Current Status: | 1/31/2022 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.2)
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| | State Bill Page: | HB1022 |
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| HB1035 | HIGHWAY WORK ZONE SPEED ENFORCEMENT PILOT PROGRAM. (PRESSEL J) Authorizes the state police department and the Indiana department of transportation to establish the automated work zone speed enforcement pilot program (pilot program) to enforce highway work zone speed limits. Creates the automated work zone speed enforcement pilot program fund to deposit fines collected by the pilot program. |
| | Current Status: | 1/31/2022 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.2)
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| | State Bill Page: | HB1035 |
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| HB1036 | WATERSHED DEVELOPMENT COMMISSIONS. (AYLESWORTH M) Provides that the executives of one or more counties may adopt ordinances designating their counties as members of a proposed watershed development commission and that the proposed watershed development commission is established as a legal entity with the counties as its members if it is recognized by the natural resources commission. Requires the natural resources commission, in deciding whether to recognize a proposed watershed development commission, to answer certain questions. Provides that a nonmember county may become a member of an established watershed development commission if its membership is accepted by the member counties and recognized by the natural resources commission. Requires the department of natural resources (department), with the approval of the natural resources commission, to certify the area of a member county that is within a watershed development commission's designated watershed. Sets forth certain flood control and drainage purposes for which a watershed development commission may be established. Requires a watershed development commission to develop a flood control and drainage plan for its designated watershed and grants a watershed development commission exclusive authority to perform drainage and flood control activities within the channel of the river that is the surface water outlet of the commission's designated watershed. Provides for a watershed development commission to be governed by a board that includes the director of the department (or the director's designee) and one representative of each member county. Establishes an advisory committee for each watershed development commission to provide counsel to the board. Provides for the funding of a watershed development commission through an annual special assessment against each taxable parcel of real property that is located: (1) in a member county; and (2) within the designated watershed of the watershed development commission. Authorizes a member county to adopt any of three alternative methods of funding the watershed development commission. Authorizes a watershed development commission to give preference to an Indiana business over an out-of-state business in contracting for public works. Allows the Maumee River basin commission, the St. Joseph River basin commission, or the Upper Wabash River basin commission to be transformed into a watershed development commission if the county executives of all participating counties, by vote of at least two of the three members of the county executive, approve the proposed transformation. |
| | Current Status: | 1/31/2022 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.2)
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| | State Bill Page: | HB1036 |
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| HB1050 | FAIR AND OPEN COMPETITION FOR PUBLIC WORKS PROJECTS. (TORR J) Provides that a public agency may not do any of the following: (1) Impose by rule, ordinance, or other action, or in the bid specifications or contract documents for a public works project, a requirement inconsistent with, in addition to, or more stringent or restrictive than certain statutory prequalifications or any other requirement of an applicable public works statute. (2) Award a public works contract to a contractor under a contract award standard other than the contract award standard of the applicable public works statute. (3) Require a potential bidder on a public works project to provide any information other than the applicable financial information required by the prequalification statutes or as prescribed by the state board of accounts under the applicable public works statute. (4) By rule, ordinance, or any other action relating to contracts for public works projects, create or impose any prequalification processes that are additional to or inconsistent with those established by the prequalification statute or impose any requirements that directly or indirectly restrict potential bidders or proposers to any predetermined class of bidders defined by labor affiliation or membership or minimum training requirements inconsistent with, or more restrictive than, those required by certain public works statutes. (5) Take certain actions based on a bidder's, offeror's, or contractor's entering into, refusing to enter into, adhering to, or refusing to adhere to an agreement with a labor organization. |
| | Current Status: | 1/31/2022 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.2)
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| | State Bill Page: | HB1050 |
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| HB1064 | ASSOCIATIONAL STANDING FOR JUDICIAL REVIEW. (ENGLEMAN K) Provides that an association or representative organization that meets certain requirements has standing to: (1) bring a declaratory judgment action as to an ordinance adopted under the planning and development law; and (2) obtain judicial review of a zoning decision. |
| | Current Status: | 1/31/2022 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.2)
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| | State Bill Page: | HB1064 |
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| HB1106 | EMINENT DOMAIN. (GOODRICH C) Makes changes to condemnation proceedings in which appraisers are appointed after December 31, 2022. Requires a city or town to obtain the county executive's approval of a condemnation of property within the unincorporated area of the county, unless the county executive waives review of the condemnation. |
| | Current Status: | 3/8/2022 - DEAD BILL: Fails to advance by the conclusion of the 2022 legislative session
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| | State Bill Page: | HB1106 |
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| HB1150 | AUTOMATED TRAFFIC ENFORCEMENT IN SCHOOL ZONES. (JOHNSON B) Authorizes a county, city, or town to adopt and enforce an ordinance that regulates the placement and use of automated traffic enforcement safety devices (devices) to detect certain traffic offenses (offenses) in school zones. Provides civil penalties for offenses and violations. Specifies that the civil penalty must be applied first to defray the cost of the installation, operation, and maintenance of the devices, and specifies the manner in which the remaining funds are distributed. Prohibits the: (1) reporting of offenses and violations on a driving record; (2) use of offenses and violations to determine rates for motor vehicle insurance; and (3) assessment of points under the point system by the bureau of motor vehicles (bureau) for offenses and violations. Requires notification to the bureau if offenses and violations have not been paid timely. Requires the bureau to suspend the registration of a vehicle when the offenses and violations have not been paid. Makes other changes and conforming amendments. |
| | Current Status: | 1/31/2022 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.2)
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| | State Bill Page: | HB1150 |
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| HB1176 | ALLEYS. (SUMMERS V) Requires cities to use a percentage of the funds distributed from the motor vehicle highway account for the construction, reconstruction, improvement, and maintenance of alleys. Provides that the percentage allocated for the construction, reconstruction, improvement, and maintenance of alleys is based on population parameters. |
| | Current Status: | 1/31/2022 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.2)
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| | State Bill Page: | HB1176 |
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| HB1200 | REPEAL OF SUPPLEMENTAL FEE ON ELECTRIC VEHICLES. (ANDRADE M) Repeals the supplemental fees imposed on electric and hybrid vehicles. |
| | Current Status: | 1/31/2022 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.2)
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| | State Bill Page: | HB1200 |
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| HB1206 | RAILROAD TRACK CROSSINGS. (YOUNG J) Provides that a railroad company must make, maintain, and repair certain of its crossings at its expense unless certain conditions are met. |
| | Current Status: | 1/31/2022 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.2)
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| | State Bill Page: | HB1206 |
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| HB1245 | CONNECTIONS TO WATER AND SEWER SYSTEMS. (PRESSEL J) Prohibits: (1) a local unit; or (2) a water or wastewater utility; that is not under the jurisdiction of the Indiana utility regulatory commission (IURC) for the approval of rates and charges from charging or collecting from a property owner a capacity related fee or a tap fee either of which is established after June 30, 2022, and that includes contributions in aid of construction. Provides that if a local unit or a utility charges a property owner a capacity related fee or a tap fee that is established after June 30, 2022, and that is based, in whole or in part, on contributions in aid of construction, the property owner is entitled to request to meet with the local unit or the utility to review: (1) the engineering and financial analyses the fee was based on; and (2) if applicable, the ordinance adopting the fee. Requires a local unit or a utility to meet with a property owner for such a review not later than 30 days after receipt of the property owner's request. Provides that if a meeting and review does not result in a satisfactory resolution, the property owner may file with the IURC a petition challenging the fee. Provides that if the IURC determines the capacity related fee or tap fee is based in whole or in part on contributions in aid of construction, the IURC shall: (1) invalidate the fee; or (2) modify the fee to comply with these provisions. Amends the statute that provides an exemption from the requirement to connect to a regional sewer district's sewer system to a property owner whose septic tank soil absorption system was new at the time of installation as follows: (1) Provides that the local health department's designee or a qualified inspector (in addition to the local health department) may approve the property owner's septic tank soil absorption system at the time of installation. (2) Provides that the 10 year exemption is measured from the date of the required written determination of the local health department, the department's designee, or a qualified inspector that the property owner's septic tank soil absorption system is not failing. (Current law provides that the 10 year exemption is measured from the date the new septic tank soil absorption system was installed.) Defines "residential onsite sewage system" as the term is defined by the state department of health (department) in the department's rule concerning residential onsite sewage systems (department's rule). Changes instances of the term "residential septic system" in current law to the term "residential onsite sewage system". Prohibits a local health department from refusing an application for a permit for a residential onsite sewage system solely because the residential onsite sewage system has not been used previously in the jurisdiction of the local health department or is unfamiliar to the local health department, if the residential onsite sewage system has been approved for general use in Indiana by the department's technical review panel. Provides that if the local health department in one jurisdiction has issued a permit for a particular type of residential onsite sewage system, the local health department in another jurisdiction may not refuse to issue a permit for a residential onsite sewage system of that same type if: (1) a registered professional engineer; (2) a registered soil scientist; (3) a residential onsite sewage system installer; and (4) (if applicable) the designer of the residential onsite sewage system; approve of the use of that type of system in the second jurisdiction. Provides that if a registered professional engineer certifies: (1) that the location, design, proposed construction, and proposed installation of a planned residential onsite sewage system comply with the department's rule, a local health department may not disapprove an application for a permit for the residential onsite sewage system; (2) that the design, construction, installation, location, maintenance, and operation of an existing residential onsite sewage system comply with the department's rule, a local health department may not issue an order on the basis that the residential onsite sewage system is a failed system; and (3) that an existing residential onsite sewage system is not functioning properly but can be restored to proper functioning through repair, a local health department must allow the repair of the residential onsite sewage system to be made in accordance with the certification of the professional engineer. Provides that a local health department may not deny a permit for a residential onsite sewage system in a particular location on the grounds that the soil of the location is too heavily compacted if a registered soil scientist certifies that the soil can be made suitable for the residential onsite sewage system in not more than two years through the planting of plants that loosen and aerate the soil or through other means. Provides that after June 30, 2023, a local ordinance or a local health department may not impose residential onsite sewage system requirements, restrictions, or conditions that are more stringent than those of the department's rule. Requires a local health department to issue, in certain circumstances, a permit for a residential onsite sewage system not more than 30 business days after receiving the application for the permit. Effective July 1, 2023, voids a provision of the department's rule stating that the rule does not prohibit local ordinances from imposing requirements more stringent than the requirements of the department's rule. Changes population parameters used in an Indiana Code section concerning the installation of a residential onsite sewage system in fill soil, so as to reflect the population count determined under the 2020 decennial census. Amends the Indiana Code section governing the procedures for a proposal to amend or partially repeal a zoning ordinance to require a plan commission to vote on the proposal not later than 60 days after holding the public hearing on the proposal. Provides that a property owner whose property is incorporated into the territory of a municipal sanitation district (regardless of whether the property owner has filed a written remonstrance or an appeal with respect to the incorporation) is exempt from a requirement to connect to the district's sewer system and to discontinue use of a sewage disposal system on the property owner's property if: (1) the property owner's sewage disposal system: (A) was new at the time of installation; and (B) was approved in writing by the local health department, the department's designee, or a qualified inspector; and (2) the property owner obtains a written determination from the local health department, the department's designee, or a qualified inspector that the property owner's sewage disposal system is not failing. Provides that a property owner who qualifies for this exemption may not be required to connect to the district's sewer system for a period of 10 years beginning on the date of the required written determination of the local health department, the department's designee, or a qualified inspector that the property owner's septic tank soil absorption system is not failing. Provides that a property owner may apply for two five-year extensions of the exemption. Limits the total period during which a property may be exempt from the requirement to connect to a district's sewer system to not more than 20 years, regardless of ownership of the property. Sets f |
| | Current Status: | 3/18/2022 - Public Law 167
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| | State Bill Page: | HB1245 |
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| HB1256 | SUBDIVIDING LAND. (ELLINGTON J) Requires a unit to allow a property owner to subdivide the owner's property by deed if certain requirements are met. Requires the property owner to file an application with the plan commission accompanied by a plat drawing, the recorded deed of the parent parcel, and any application fee. Provides that the application must be reviewed and approved by the plan commission staff or the plan director, without a public hearing or the approval of the plan commission. Provides that approval of the application does not exempt the property owner from complying with any other requirements regarding construction of a new single family residential home, including obtaining a building permit. Provides that if the number of lots that are created by the subdivision make the provisions of the subdivision ordinance applicable, the property owner must comply with the ordinance, except for any provisions controlling lot size. |
| | Current Status: | 1/31/2022 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.2)
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| | State Bill Page: | HB1256 |
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| HB1262 | OUTDOOR ADVERTISING SIGNS. (CHERRY R) Establishes procedures for the valuation of an outdoor advertising sign (sign) that cannot be elevated or relocated to a conforming location within the market area due to a change along the interstate and primary system or any other highway. Requires the Indiana department of transportation to provide written notice to the representative of a sign owner that a project has been planned that may impact the sign at least 12 months prior to the filing of an eminent domain action for the sign. Provides that an owner is entitled to full and just compensation for the taking of a sign in the amount of the fair market value of the interests associated with the sign. In Marion County, allows the: (1) board of directors (board) of an agricultural fair society, association, or corporation; or (2) the county legislative body; that owns or operates a county fairgrounds to place one digital billboard at a location on the county fairgrounds selected by the board. |
| | Current Status: | 3/11/2022 - Public Law 97
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| | State Bill Page: | HB1262 |
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| HB1278 | ROAD FUNDING. (MOED J) Provides that the amounts currently distributed from the motor vehicle highway account and the local road and street account to counties, cities, and towns based upon the proportionate share of road and street mileage shall instead be distributed based on the proportionate share of road and street vehicle miles traveled. Provides that the Indiana department of transportation shall establish guidelines outlining the procedures required to determine vehicle miles traveled. |
| | Current Status: | 1/31/2022 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.2)
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| | State Bill Page: | HB1278 |
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| HB1288 | SUPPLEMENTAL FEE ON ELECTRIC AND HYBRID VEHICLES. (HAMILTON C) Repeals the supplemental fee to register an electric or hybrid vehicle. Makes conforming changes. |
| | Current Status: | 1/31/2022 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.2)
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| | State Bill Page: | HB1288 |
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| HB1309 | ERASING, ALTERING, OR TAMPERING WITH MEETING VIDEO. (MOSELEY C) Provides that a public servant who tampers with the official video or audio recording of a public meeting with the intent to make all or part of the official recording unavailable, materially inaccurate, or misleading commits tampering with an official recording, a Level 6 felony. |
| | Current Status: | 1/31/2022 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.2)
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| | State Bill Page: | HB1309 |
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| SB29 | EMINENT DOMAIN. (BUCK J) Increases the compensation paid in the case of a condemnation taking a fee simple interest in property from the property's fair market value to at least 120% of the fair market value of the property. |
| | Current Status: | 2/28/2022 - DEAD BILL; Fails to advance by House 3rd reading deadline for Senate bills (Rule 148.2)
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| | State Bill Page: | SB29 |
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| SB35 | LOGJAM REMOVAL FUND. (KRUSE D) Establishes the logjam removal fund through the department of natural resources for the purpose of removing logjams or obstructions in waterways. |
| | Current Status: | 2/1/2022 - DEAD BILL; Fails to advance by Senate 3rd reading deadline (Rule 79(a))
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| | State Bill Page: | SB35 |
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| SB85 | DRAINAGE TASK FORCE. (LEISING J) Establishes a drainage task force consisting of six members of the senate, six members of the house of representatives, and seven other individuals. Requires the task force to: (1) review the responsibilities of landowners and state and local authorities under current laws relating to the drainage of land; (2) make certain determinations concerning drainage and regulatory matters; and (3) determine whether the balance between state authority and local authority over drainage of agricultural land favors state authority more in Indiana than in neighboring states. Authorizes the task force to make recommendations. Requires the task force to issue a report and, not later than December 1, 2023, submit the report to the executive director of the legislative services agency for distribution to the members of the general assembly and to the governor. |
| | Current Status: | 3/7/2022 - Public Law 7
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| | State Bill Page: | SB85 |
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| SB90 | RIGHT-OF-WAY AND THOROUGHFARES. (DORIOT B) Prohibits a county from increasing the apparent right-of-way for a county highway by requiring a dedication of additional right-of-way as part of a subdivision plat, and requires the county to acquire additional right-of-way through eminent domain. Prohibits a unit of local government from establishing or expanding a thoroughfare by requiring the dedication of private property as part of a subdivision plat, and requires the unit of local government to acquire private property for the establishment or expansion of a thoroughfare through eminent domain. Prohibits a county and a unit of local government from imposing an additional fee on applicants that file subdivision plats in which the county or unit of local government must proceed with eminent domain. |
| | Current Status: | 2/1/2022 - DEAD BILL; Fails to advance by Senate 3rd reading deadline (Rule 79(a))
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| | State Bill Page: | SB90 |
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| SB92 | SCHOOL BUS STOPS. (BOHACEK M) Provides that a person driving a vehicle who approaches a stationary school bus displaying alternately flashing amber lights must take certain actions to yield the right of way. Provides that under certain conditions, including the display of alternately flashing amber lights, a school bus driver may load or unload students without extending the school bus stop arm. |
| | Current Status: | 2/1/2022 - DEAD BILL; Fails to advance by Senate 3rd reading deadline (Rule 79(a))
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| | State Bill Page: | SB92 |
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| SB146 | ATTACHMENTS TO ELECTRIC DISTRIBUTION POLES. (KOCH E) Amends the statute concerning attachments of equipment by cable operators (attaching entities) to electric distribution poles owned or controlled by rural electric cooperatives or by municipalities providing electric service (pole owners) as follows: (1) Specifies that a pole owner's duty under the law to permit attachments to the pole owner's poles is subject to the terms of a written agreement between the pole owner and the attaching entity. (2) Provides that the written agreement between the attaching entity and the pole owner must establish the process by which the attaching entity may apply for access to the pole owner's poles. (3) Sets forth: (A) a time frame for the pole owner to respond to the attaching entity's application based on the number of poles included in the application; and (B) a pole owner's duty to do one of the following within that time frame: (i) Approve the application and authorize the attaching entity to make the attachments without the need for any make ready work. (ii) Submit to the attaching entity an invoice setting forth all necessary make ready work, the estimated make ready costs, and the estimated make ready completion date. (iii) Reject all or part of the attaching entity's application based on certain concerns that cannot be resolved by make ready work. (4) Specifies that an attaching entity must have the pole owner's written permission specifically authorizing an attachment for each pole on which the attaching entity seeks to place an attachment. (5) Provides that if the attaching entity violates this requirement, the attaching entity shall pay to the pole owner accrued rental fees for each pole on which an unauthorized attachment is made, dating back to the date the attachment is considered to have been made under existing law, plus a $500 penalty for each pole on which an unauthorized attachment is made. (6) Provides that before January 1, 2023, if a contract granting the pole owner's written permission for an attachment to a particular pole does not exist at the time an attachment is made, the attaching entity shall pay to the pole owner accrued rental fees for each pole on which an attachment is made without a contract authorizing the attachment on that pole, dating back to the date the attachment is considered to have been made under existing law, plus any penalty that may be prescribed for such an attachment under any existing contract between the pole owner and the attaching entity. (7) Provides that if, after December 31, 2022, the attaching entity has not paid all accrued rental fees for such attachments made before January 1, 2023, the attaching entity shall, in addition to the accrued rental fees that remain outstanding, be liable for the $500 fine that otherwise applies for each pole on which such an attachment was made before January 1, 2023, and for which the attaching entity has not paid all accrued rental fees. (8) Changes from 90 days (under current law) to 60 days the amount of time by which an attaching entity is responsible for transferring an authorized attachment after receiving written notice from the pole owner to do so. Makes a corresponding change in the amount of time after which the pole owner may rearrange, transfer, or relocate the attaching entity's system (or portion of the system) after the attaching entity has failed to do so. (9) Provides that the pole owner is immune from civil liability for the pole owner's actions in rearranging, transferring, or relocating the attaching entity's system, as long as the pole owner exercises reasonable care in taking such actions, and unless the pole owner's actions constitute gross negligence or willful or wanton misconduct. (10) Creates the offense of unlawful pole attachment, a Class C misdemeanor, for the knowing and intentional attachment to a pole without the pole owner's written permission specifically authorizing the attachment. |
| | Current Status: | 2/28/2022 - DEAD BILL; Fails to advance by House 3rd reading deadline for Senate bills (Rule 148.2)
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| | State Bill Page: | SB146 |
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| SB166 | PUBLIC-PRIVATE AGREEMENTS. (WALKER K) Provides that a governmental body may enter into a public-private agreement with respect to a transportation project. Provides that any public-private agreement with respect to a transportation project may use availability payments to finance all or a portion of the project. Provides that a governmental body may also enter into a development agreement with a private party for the development, construction, and financing of a privately owned and operated transportation or infrastructure project if the development agreement meets certain conditions. Specifies the contents of public-private agreements for transportation facilities or transportation projects and establishes requirements for the operator of the transportation facility or transportation project. Provides for a property tax exemption and a sales tax exemption. Defines terms. |
| | Current Status: | 3/10/2022 - Public Law 57
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| | State Bill Page: | SB166 |
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| SB310 | MOTOR FUEL TAX REDUCTIONS. (HOUCHIN E) Reduces, between April 1, 2022, and December 31, 2022, the gasoline use tax rate by the percentage that would ordinarily be deposited into the state general fund. For the same period, reduces to zero the amount of gasoline use tax collections that are deposited into the state general fund, and increases proportionately the amount of gasoline use tax collections that are deposited into: (1) the motor vehicle highway account; (2) the local road and bridge matching grant fund; (3) the special transportation flexibility fund; and (4) the state highway fund. |
| | Current Status: | 2/1/2022 - DEAD BILL; Fails to advance by Senate 3rd reading deadline (Rule 79(a))
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| | State Bill Page: | SB310 |
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| SB375 | 811 UTILITY LOCATION PROGRAM. (MESSMER M) Provides that an operator of underground facilities (operator) that violates Indiana law regarding marking of underground facilities located in the area of a proposed excavation or demolition is subject to a civil penalty of not more than $25,000 for each violation for each day the violation persists, not to exceed $1,000,000 for any related series of violations. Requires a person responsible for performing a proposed excavation or demolition (excavator) to provide notice of the excavation or demolition to Indiana 811: (1) at least two, but not more than 20, full working days before the proposed excavation or demolition if the proposed area of excavation or demolition is less than 2,000 linear feet; and (2) at least 10, but not more than 20, full working days before the proposed excavation or demolition if the proposed area of excavation or demolition is 2,000 linear feet or greater. Requires an excavator to provide separate notice, and a separate request for location of underground facilities, to Indiana 811 for each 2,000 linear feet of proposed excavation or demolition, regardless of whether the proposed excavation or demolition will take place in an incorporated area. Provides that notice provided to Indiana 811 of a proposed excavation or demolition: (1) expires 20 days after the notice is submitted if the proposed area of excavation or demolition is less than 2,000 linear feet; and (2) expires 90 days after the notice is submitted if the proposed area of excavation or demolition is 2,000 linear feet or greater, and may be renewed for additional 90 day periods. Requires an operator that receives notice of a proposed excavation or demolition of less than 2,000 linear feet to provide to the excavator, not later than 7:00 a.m. on the third working day after the operator receives the notice, location information regarding the operator's underground facilities located in the area of the proposed excavation or demolition. Provides that if Indiana 811 receives notice of a proposed excavation or demolition of 2,000 linear feet or more, Indiana 811 shall schedule a meeting between the excavator and any operator with underground facilities located in the area of the proposed excavation or demolition. Provides that at the meeting: (1) the excavator shall: (A) describe the scope of the proposed excavation or demolition; and (B) present a written proposed marking agreement; and (2) the excavator and the operators shall negotiate in good faith regarding the proposed marking agreement. Requires an operator that does not sign the marking agreement as presented or amended at the meeting to: (1) mark the operator's underground facilities not later than 48 hours before the scheduled commencement of the excavation or demolition; and (2) maintain the markers such that the markers remain reasonably visible until the completion of the excavation or demolition. Provides that an excavator or operator that does not negotiate in good faith regarding a proposed marking agreement is subject to: (1) a civil penalty of not more than $1,000; and (2) reimbursement of the marking expenses of each other operator that incurred expenses in marking the operator's underground facilities in the area of the excavation. |
| | Current Status: | 2/1/2022 - DEAD BILL; Fails to advance by Senate 3rd reading deadline (Rule 79(a))
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| | State Bill Page: | SB375 |
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