Defines "odor nuisance" as a situation in which the repeated or persistent discharge into the outdoor atmosphere of air contaminants causes an odor that: (1) substantially obstructs the free use of property; or (2) is injurious to human health. Requires the environmental rules board (board) to adopt administrative rules that: (1) establish a means of determining when an odor nuisance exists; and (2) identify practical and economically feasible methods of eliminating odor nuisances at their source. Sets forth certain: (1) means of determining when an odor nuisance exists; and (2) methods of eliminating odor nuisances; that the board may include in the rules. Authorizes the commissioner of the department of environmental management (commissioner) to order a person that creates an odor nuisance in a city to implement one or more of the methods of eliminating the odor nuisance. Provides that a person who violates an order of the commissioner is subject to a civil penalty. Authorizes the department of environmental management to bring a civil action to enjoin a person's violation of an order of the commissioner. Provides that one or more persons adversely affected by a purported odor nuisance in a city may bring an action to abate the purported odor nuisance. Provides that if the commissioner issues an order under the air pollution control laws directing a person to cease and desist, imposing a monetary penalty, mandating corrective action, or revoking or modifying a permit, and if the commissioner's order is stayed during an administrative appeal, the stay of the order expires not more than 180 days after it begins. Provides that if the commissioner's order is later determined to have been an abuse of discretion, arbitrary and capricious, contrary to substantial or reliable evidence, or contrary to law, the effects of the order will be reversed.
Rep. Justin Moed
Sponsored bills
Requires a primary source of supply (primary source) that wants to amend, cancel, terminate, or refuse to renew a distribution agreement entered into with a beer wholesaler to: (1) act in good faith, with good cause, and with due regard for the equities of the beer wholesaler; and (2) provide written notice. Provides that a primary source has a right to amend, cancel, terminate, or refuse to renew distribution agreements with all beer wholesalers that have entered into the same distribution agreement with the primary source and are located in the United States. Prohibits a primary source or beer wholesaler from waiving any provisions of the law regarding distribution agreements.
A CONCURRENT RESOLUTION recognizing Hoosier Direct Support Professionals.
Establishes the low barrier homeless shelter task force. Beginning July 1, 2022: (1) allows a township trustee to place a homeless individual temporarily in a county home or provide temporary township assistance; and (2) requires the township trustees within a county to collaborate and prepare a list of public and private resources available to the homeless population that is distributed and published on the county's Internet web site, if the county has a web site, not later than March 1 of each year. Provides that a person commits the offense of criminal trespass if: (1) the person, who does not have a contractual interest in the property, knowingly or intentionally enters or refuses to leave the property of another person after having been prohibited from entering or asked to leave the property by a law enforcement officer when the property is designated by a municipality or county enforcement authority to be an unsafe building or premises; or (2) the person knowingly or intentionally enters the property of another person after being denied entry by a court order that has been issued to the person or issued to the general public by conspicuous posting on or around the premises in areas where a person can observe the order when the property has been designated by a municipality or county enforcement authority to be an unsafe building or premises; unless the person has the written permission of the owner, the owner's agent, an enforcement authority, or a court to come onto the property for purposes of performing maintenance, repair, or demolition. Provides that an individual who harasses another person with the intent to obtain property from the other person commits aggressive harassment, a Class C misdemeanor. Defines "harasses". Repeals the chapter concerning panhandling.
Provides that the theft of a component part of a motor vehicle, including a catalytic converter, is a Level 6 felony. Expands qualifying prior convictions for Level 6 felony theft to include robbery and burglary. Provides that a valuable metal dealer who: (1) knowingly or intentionally fails to comply with certain statutes regulating the purchase of a valuable metal; and (2) purchases a stolen valuable metal; commits a Level 6 felony.
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. Prohibits a business entity from bidding on or purchasing a tract at a tax sale when a person who is prohibited from bidding on or purchasing a tract at a tax sale: (1) formed the business entity; (2) joined with another person or party to form the business entity; (3) joined the business entity as a proprietor, incorporator, partner, shareholder, director, employee, or member; (4) becomes an agent, employee, or board member of the business entity; or (5) is not an attorney at law and represents the business entity in a legal matter. Requires a person to acknowledge that providing false information relating to a prohibited bid or purchase is perjury. Creates a new section of code with revised requirements for the forfeiture of a tax sale purchase by an ineligible bidder. Requires a county treasurer, except for in a county containing a consolidated city, to pay all taxes and assessments that accrue on the tract of real estate through the time the record owner is divested of title from the tax sale surplus fund for the tract. Permits a county legislative body to adopt an ordinance prohibiting the assignment of a certificate of sale prior to the issuance of a tax title deed. Adds requirements that must be met within 150 days of the date a court grants a petition to issue a tax deed before a county auditor can issue or record a tax deed.
A CONCURRENT RESOLUTION memorializing First Lady Susan Bayh.
Establishes default standards concerning the following with respect to projects to install or locate wind power devices in local units: (1) Setback requirements. (2) Height restrictions. (3) Shadow flicker limitations. (4) Signal interference. (5) Sound level limitations. (6) Wind turbine light mitigation technology. (7) Required repairs to drainage related infrastructure. (8) Project decommissioning. Provides that a unit that has in effect on July 1, 2021, a wind power regulation that includes standards that are more restrictive than the default wind power standards set forth in the bill may: (1) continue to apply and enforce the unit's existing wind power regulation with respect to a proposed project; or (2) allow within the unit the establishment of a renewable energy district (RED) in which a proposed project will be located. Provides that a unit that has not adopted a wind power regulation may: (1) restrict, or impose conditions or limitations on, wind projects in the unit if the unit first adopts a wind power regulation that includes standards that are not more restrictive than the bill's default standards; or (2) allow within the unit the establishment of a RED in which a proposed project will be located. Provides that the bill's default standards for wind projects apply within the boundaries of a RED. Provides that a unit that: (1) adopts a wind power regulation that complies with the bill's standards; or (2) allows the establishment of one or more REDs in the unit; may impose a one-time construction fee for each wind power device included in a project application submitted to the unit after June 30, 2021. Provides that such a construction fee: (1) is payable by the project owner upon the commencement of construction of each wind power device; and (2) may not exceed $3,000 per megawatt of installed capacity. Establishes default standards concerning the following with respect to projects to install or locate commercial solar energy systems (CSE systems) in a unit: (1) Setback requirements. (2) Height restrictions. (3) Ground cover. (4) Fencing. (5) Cables. (6) Glare. (7) Signal interference. (8) Sound level limitations. (9) Required repairs to drainage related infrastructure. (10) Project decommissioning. Provides that a unit that has in effect on July 1, 2021, a commercial solar regulation that includes standards that are more restrictive than the default CSE system standards set forth in the bill may: (1) continue to apply and enforce the unit's existing commercial solar regulation with respect to a proposed project; or (2) allow within the unit the establishment of a RED in which a proposed project will be located. Provides that a unit that has not adopted a commercial solar regulation may: (1) restrict, or impose conditions or limitations on, commercial solar projects in the unit if the unit first adopts a commercial solar regulation that includes standards that are not more restrictive than the bill's default standards; or (2) allow within the unit the establishment of a RED in which a proposed project will be located. Provides that the bill's default standards for CSE systems apply within the boundaries of a RED. Provides that a unit that: (1) adopts a commercial solar regulation that complies with the bill's standards; or (2) allows the establishment of one or more REDs in the unit; may impose a one-time construction fee for each CSE system included in a project application submitted to the unit after June 30, 2021. Provides that such a construction fee: (1) is payable by the project owner upon the commencement of construction of each CSE system; and (2) may not exceed $1,000 per megawatt of installed capacity. Provides a project owner is exempt from any construction fee imposed by a unit with respect to: (1) a wind power project; or (2) a commercial solar project; if, at the time of application, the project owner demonstrates that the project owner has executed before July 1, 2021, a commercial offtake agreement with respect to the project. Amends the home rule statute to provide that the following apply to a wind power regulation or a commercial solar regulation adopted by a unit after June 30, 2021: (1) The regulation must be approved by the unit's plan commission. (2) Any procedures set forth in the regulation with respect to the permitting or approval process for the siting or installation of wind power devices or CSE systems in the unit must comply with the procedural processes set forth in the bill. (3) Any standards included in the regulation must not be more restrictive than the default standards set forth in the bill. Establishes Establishes procedures for establishing a RED within a unit. Establishes procedures for the permitting or approval process for the siting of wind power devices in a local unit that: (1) does not have a wind power regulation in effect after June 30, 2021; or (2) does have a wind power regulation in effect after June 30, 2021, and has opted to allow the establishment of a RED within the unit in connection with a wind power project. Establishes procedures for the permitting or approval process for the siting of CSE systems in a local unit that: (1) does not have a commercial solar regulation in effect after June 30, 2021; or (2) does have a commercial solar regulation in effect after June 30, 2021, and has opted to allow the establishment of a RED within the unit in connection with a commercial solar project. Provides that: (1) a project owner; or (2) certain other interested parties; aggrieved by the decision of a unit's permit authority with respect to a proposed wind project or a proposed commercial solar project may file a complaint for appropriate relief in the circuit or superior court of a county having jurisdiction. Provides that such a complaint must be filed not later than 30 days after the date of the permit authority's written decision.
Honoring healthcare workers for their efforts during the COVID-19 pandemic.
A CONCURRENT RESOLUTION honoring Dr. Kristina Box.