Sen. Lonnie Randolph

Adds underground pumped storage hydropower using: (1) abandoned coal mines; (2) abandoned quarries; or (3) other suitable sites; located in Indiana to the list of sources and technologies that qualify as "clean energy resources" for purposes of the statute governing the Indiana voluntary clean energy portfolio standard program. Provides that this technology qualifies as a "renewable energy resource" for purposes of the statute providing certain financial incentives for energy utilities to invest in clean energy projects. Requires the state utility forecasting group to include this technology in its annual study on the use, availability, and economics of clean energy resources in Indiana.

Requires the department of administration (department) to determine the technological upgrades and other expenditures required to collect and compile information regarding purchases made by state agencies from the following: (1) A minority business enterprise. (2) A nonprofit agency for individuals with disabilities. (3) A veteran owned small business. (4) A women's business enterprise. Provides that if a nonprofit agency for individuals with disabilities (qualified agency) withdraws from a department pilot project through which the qualified agency sells products or services to governmental bodies through a third party contractor, the department must award the qualified agency a quantity purchase agreement (QPA) for the same products and services and under the same terms, except for price, under which the qualified agency had a QPA with the department before participating in the pilot project. Provides that the qualified agency must agree to provide the same products or services at a price less than the price provided for the products or services under the pilot project. Requires a state agency to purchase supplies or services from a QPA for those supplies or services awarded to a qualified agency. Requires the department, in consultation with the committee for the purchase of supplies and services of individuals with a disability, to adopt administrative rules to establish a goal to procure in each state fiscal year at least 1.5% of state contracts with qualified agencies. Provides that this goal must be administered so as not to diminish any other state contracting goals established under existing law.

Provides for the mechanism for underground storage of carbon dioxide in Indiana. Provides that the new chapter does not apply to the carbon sequestration pilot project established pursuant to IC 14-39-1. Makes conforming changes.

Provides that an order for protection issued ex parte or upon notice and a hearing, or a modification of an order for protection issued ex parte or upon notice and a hearing, is effective: (1) for two years after the date of issuance; or (2) indefinitely after the date of issuance if the respondent is a sex or violent offender and is required to register as a lifetime sex or violent offender and the petitioner was the victim of the crime that resulted in the requirement that the respondent register as a lifetime sex or violent offender. Requires a respondent who is subject to an indefinite order for protection to request a hearing in objection to the order of protection within 30 days of the order being issued. Allows any party to request a hearing on a two year order for protection at any time. Provides that a person may only request one judicial review hearing on a protection order.

Provides that the chief justice of the supreme court, or the chief justice's designee, is a nonvoting member of the probate code study commission (commission). Provides that eight affirmative votes are required for the commission to take final action.

Increases the value of estates that may be distributed via affidavit from $50,000 to $100,000. Increases the threshold for summary procedures for unsupervised estates from $50,000 to $100,000. (The introduced version of this bill was prepared by the probate code study commission.)

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 forth certain time frames and requirements that apply to a property owner who seeks to claim the exemption. Provides that this exemption does not apply to a property owner whose property is incorporated into a district if: (1) the district has received approval from the Indiana finance authority before January 1, 2022, of a preliminary engineering report: (A) for a project to construct the sewer line to which the property owner's property is being required to connect; and (B) in connection with funding from the wastewater or drinking water revolving loan program; and (2) the timing and requirements for connection to the district's sewer system are the same for all property owners being required to connect to the district's sewer system under the terms of the project.

Requires a postsecondary educational institution (institution) to submit a disclosure report to the Indiana commissioner for higher education (commissioner) of gifts from a foreign source that meet the reporting threshold established by a federal law regarding disclosures of foreign gifts. Provides that the institution shall submit the disclosure report to the commissioner with the same information required to be reported in the disclosure report described in the federal law and at the same time the institution files the disclosure report under the federal law. Provides that certain information for each institution shall be posted on the commission for higher education's (commission) Internet web site. Provides that whenever it appears that an institution has failed to comply with gift disclosure requirements, a civil action may be brought by the attorney general or at the request of: (1) a member of the general assembly; (2) the governor; (3) a member of the commission; (4) a member of the state board of education; or (5) an Indiana taxpayer; to compel compliance with the gift disclosure requirements. Provides that beginning July 1, 2022, a foreign business entity may not acquire agricultural land located within Indiana for the purposes of crop farming or timber production. Specifies exceptions. Prohibits a foreign business entity that owns agricultural land located within Indiana from transferring the agricultural land to another foreign business entity after June 30, 2022, for the purposes of crop farming or timber production. Requires a foreign business entity to report the acquisition, sale, or transfer of agricultural land for the purposes of crop farming or timber production located within Indiana to the secretary of state and the attorney general. Provides that agricultural land acquired, sold, or transferred in violation of law is subject to forfeiture to the state. Adds a provision to prohibit business entities: (1) organized under the laws of the Russian Federation; or (2) wholly controlled by a citizen or citizens of the Russian Federation who are not legal residents of the United States; from holding and conveying real property located within Indiana.

Repeals provisions under which certain parties may file a petition during a child in need of services proceeding to require a parent, guardian, or custodian of the child to participate in a program of care, treatment, or rehabilitation for the child. Provides that a party that receives notice of a motion filed by the department of child services (department) to change the out-of-home placement of a child has ten days (rather then 15 days, under current law) to file a written objection and initiate a hearing regarding the motion. Requires the department to file a motion with a juvenile court in order to change the out-of-home placement of a child who: (1) has been in the same out-of-home placement for one year or more; and (2) is in a foster family home or in the care of a relative. Allows the person with whom a child is placed to waive the person's right to contest a motion filed by the department to change the child's placement, and allows the juvenile court to make an expedited ruling on the motion if the court is provided with written notice of the person's waiver. Provides that a child is a child in need of services if the child is a victim of certain offenses committed by a parent, guardian, or custodian of the child. Provides for a defense to prosecution for possession of child pornography for: (1) a department employee acting within the scope of the employee's duties; and (2) an attorney acting in the attorney's capacity as legal counsel for a client. Specifies that costs paid from COVID-19 federal stimulus funds may not be disallowed when setting rates for 2023.Provides that a person who knowingly or intentionally produces, disseminates, or possesses with intent to disseminate an image that depicts or describes sexual conduct: (1) by a child who the person knows is less than 18 years of age; (2) by a child or a person who appears to be a child, if the image is obscene; or (3) that is simulated sexual conduct involving a representation that appears to be a child, if the representation of the image is obscene; commits the offense of child exploitation. Provides that a person who, with intent to view the image, knowingly or intentionally possesses or accesses an image that depicts or describes sexual conduct: (1) by a child who the person knows is less than 18 years of age; (2) by a child or a person who appears to be a child, if the image is obscene; or (3) that is simulated sexual conduct involving a representation that appears to be a child, if the representation of the image is obscene; commits the offense of possession of child pornography. Specifies that it is not a required element of the offense of child exploitation or possession of child pornography that the child depicted actually exists under certain circumstances. Defines "image". Provides for a defense to prosecution for possession of child pornography for: (1) a department of child services employee acting within the scope of the employee's duties; and (2) an attorney acting in the attorney's capacity as legal counsel for a client. Makes conforming changes.

Requires, beginning July 1, 2023, the office of the secretary of family and social services (office of the secretary) and a managed care organization to reimburse under Medicaid an emergency medical services provider organization that is a Medicaid provider at a rate comparable to the federal Medicare reimbursement rate for the service. Specifies that the Medicaid reimbursement methodology for payments to out of state children's hospitals must factor in any cost outlier case in a manner that results in the final reimbursement rate made to a hospital meeting the specified reimbursement requirements. Allows the office to make retroactive reimbursement payments for out of state children's hospitals upon factoring in any cost outlier case.