Sen. Chris Garten

Authorizes counties, cities, and towns (local units) to adopt a commercial property assessed clean energy program (PACE program) as a financing mechanism to allow commercial property owners to obtain financing for energy efficient improvements, with the repayment of the financing obligation for those improvements made from a voluntary tax assessment (special assessment) on the property. Defines an "energy efficient improvement". Requires a property owner to petition a local unit that has adopted a PACE program to impose a special assessment on the property, the proceeds of which would be transferred to the financing provider for the purchase and installation of the energy efficient improvement. Requires all owners of record of a property to sign the petition. Requires the petition to contain the written consent of each mortgage lien holder on the property stating that the lien holder does not object to the imposition of the assessment. Requires certain provisions to be included in an assessment contract. Specifies the procedures for imposing the special assessment and the priority of any tax lien. Prohibits the local unit from issuing bonds secured by tax revenue from any special assessment and further specifies that a local unit shall have no financial obligation or liability for the payment of tax revenue from a special assessment, other than to transfer the proceeds to the financing provider for the improvements.

Provides that the commissioner of the department of environmental management (commissioner) may not issue an order or proceed in court to require the owner or operator of an underground storage tank to undertake corrective action with respect to a release of a regulated substance from the underground storage tank until the commissioner has received and reviewed the initial site characterization of the site of the release prepared by or for the owner or operator of the underground storage tank (initial site characterization). However, allows the commissioner to require the owner or operator to undertake corrective action without having received and reviewed the initial site characterization if the commissioner reasonably believes that the release from the underground storage tank creates a threat to public health or the environment great enough to necessitate an order or proceeding before the initial site characterization is submitted to the department of environmental management. Also provides that, if a quantity of the released regulated substance remains or may remain underground at the site, the commissioner is prohibited from: (1) requesting that the owner or operator of the underground storage tank execute a restrictive covenant applying to the site of the underground storage tank; (2) making a determination of no further action being required at the site of the underground storage tank; or (3) approving closure of the site of the underground storage tank; unless the commissioner has received and reviewed the initial site characterization.

A SENATE RESOLUTION honoring Indiana's women veterans.

Specifies that in calendar year 2023, if the amount of excess reserves meets a certain threshold, the governor shall transfer the first $1,000,000,000 of excess reserves to the pension stabilization fund. Provides for an additional automatic taxpayer refund for the 2021 taxable year in the amount of $200 to taxpayers who are eligible for an automatic taxpayer refund under current law. Provides that a taxpayer who: (1) is not eligible for the additional automatic taxpayer refund; (2) was not claimed as a dependent of another taxpayer for taxable year 2022; (3) received Social Security benefits in calendar year 2022; and (4) files a tax return for the 2022 taxable year; is eligible for a refundable tax credit in the same amount of $200. Establishes the Hoosier Families First Fund (fund) to be administered by the budget agency and specifies the purposes for which money in the fund may be used. Appropriates $45,000,000 from the state general fund to the fund for state fiscal year 2023. Provides a sales tax exemption for children's diapers. Provides that the gasoline use tax rate during the period beginning on the first day following the enactment into law of the bill and continuing through June 30, 2023, is capped at $0.295 per gallon. Provides, however, that if the gasoline use tax rate as determined under current law for a month is less than $0.295 per gallon, the lesser tax rate shall apply. Adds an additional exemption for an adopted child. Increases the amount of the adjusted gross income tax credit to which an individual who is eligible to claim the federal adoption tax credit is entitled. Provides that the postpartum period determined by the office of the secretary of family and social services during which Medicaid coverage is available to a woman must not be less than 12 months beginning on the last day of the pregnancy. Before November 1, 2022, requires the office of Medicaid policy and planning (office) to research and compile total Medicaid reimbursement for inpatient hospital services and outpatient hospital and clinical services for Indiana and in states bordering Indiana for certain prenatal, pregnancy, postnatal, and pediatric wellness services. Requires the office to prepare a report of the office's findings and submit the report to the general assembly not later than December 1, 2022. Adds donated breast milk to the list of supplies and services provided by Medicaid and the healthy Indiana plan. Establishes the doula reimbursement advisory board. Requires the office of the secretary of the family and social services administration to: (1) seek any necessary approval from the United States Department of Health and Human Services; and (2) adopt any written policies, procedures, or regulations determined necessary; to provide reimbursement for long-acting reversible contraception. Authorizes a local health department, health care provider, or other human services provider to request a grant from the safety PIN (protecting Indiana's newborns) grant fund to be used to assist individuals seeking contraceptives. Authorizes a local health department, a health care provider, or a human services provider to seek grants to provide instruction on the use of fertility awareness-based family planning methods. Prohibits the state department of health from awarding grants for the distribution of contraceptives through school run programs or to a minor without the consent of the minor's parent or guardian. Requires the state department of health to contract with a third party vendor to conduct an evaluation concerning access to low cost birth control and access to education and services concerning unwanted pregnancy. Appropriates money for various purposes related to children and families.

Provides that the gasoline use tax rate during the period beginning on the first day following the enactment into law of the bill and continuing through June 30, 2023, is capped at $0.295 per gallon. Provides, however, that if the gasoline use tax rate as determined under current law for a month is less than $0.295 per gallon, the lesser tax rate shall apply. Provides a temporary sales tax exemption for six monthly billing cycles during which the sale of utilities to residential customers and the sale of intrastate telecommunication services to residential customers are exempt from the state sales tax. Defines "residential customer" for purposes of the exemption. Requires the power subsidiary or person that furnishes or sells the services to provide to each customer on the customer's billing statement a notice that the state sales tax that otherwise would be applied is not applied in accordance with the enactment of the bill. Freezes the gasoline excise tax and the special fuel tax rates beginning on the first day following the enactment into law of the bill and continuing through June 30, 2023, at the rates that were in effect on June 30, 2022. Eliminates the annual index factor during this period. Specifies that beginning July 1, 2023, the tax rates shall be determined as if the rates had not been frozen during the 2023 state fiscal year. Appropriates $17,700,000 from the state general fund to the auditor of state to make transfers to counties, cities, and towns equal to the amount of gasoline excise tax and special fuel tax that each county, city, and town would have otherwise received if the rates had not been frozen during the 2023 state fiscal year. Requires the revenue transferred to the counties, cities, and towns to be used for the purposes for which revenue from those tax rates may be used under applicable law. Appropriates an amount for transfer to the capital reserve account after June 30, 2023, based on a determination by the budget agency of the difference between: (1) $1,000,000,000; and (2) the actual fiscal impact to the state of Indiana in state fiscal year 2023 as a result of the enactment of certain provisions being proposed in Senate Bill 2 and Senate Bill 3. Appropriates $400,000,000 from the state general fund to the budget agency for transfer to the pension stabilization fund for the purposes of the pension stabilization fund.

Provides that an individual may be employed by a child care provider before the state-mandated criminal history check of the individual is completed if the following conditions are satisfied: (1) The individual's: (A) fingerprint-based check of national crime information data bases; (B) national sex offender registry check; (C) in-state local criminal records check; and (D) in-state child protection index check; have been completed. (2) If the individual has resided outside Indiana at any time during the five years preceding the individual's date of hire, the individual's: (A) out-of-state child abuse registry check; and (B) out-of-state local criminal records check; have been requested. (3) The individual's employment before the completion of the state-mandated criminal history check is limited to training during which the individual: (A) does not have contact with children who are under the care and control of the child care provider; and (B) does not have access to records containing information regarding children who are under the care and control of the child care provider. (4) The individual completes an attestation, under penalty of perjury, disclosing: (A) any abuse or neglect complaints made against the individual with the child welfare agency of a state other than Indiana in which the individual resided within the five years preceding the date of the attestation; and (B) any contact the individual had with a law enforcement agency in connection with the individual's suspected or alleged commission of a crime in a state other than Indiana in which the individual resided within the five years preceding the date of the attestation. Establishes a process by which a child caring institution, group home, licensed child placing agency, or secure private facility (child services providers) may request a review of base rates and other cost-based rates approved by the department of child services (department).

Requires the plaintiff in a residential eviction action to file a motion to dismiss the action if the case is resolved between the parties at any time before final adjudication, unless the plaintiff is seeking damages. Provides that if, at any time after an eviction action is filed, no action has been taken by the plaintiff to further prosecute the case for a period of at least 180 days, the court shall send to the parties written notice: (1) stating the date of the most recent action taken by the plaintiff in the case; and (2) directing the plaintiff to take action to either: (A) further prosecute the case; or (B) dismiss the case; not later than 10 business days after the date of the notice. Provides that if the plaintiff fails to take any action within the prescribed time: (1) the defendant may petition the court to dismiss the case; or (2) the court on its own motion may dismiss the case. Provides that a residential eviction diversion program may not be offered or operated on a statewide or local basis unless participation in the program is voluntary for all parties. Requires: (1) the Indiana housing and community development authority; and (2) any political subdivision that distributes rental assistance funds made available by the federal government in response to the COVID-19 pandemic; to create a designated landlord application process, in addition to the tenant application process, not later than August 31, 2022. Requires, upon motion of the tenant, the court in which an eviction action is filed to order the clerk of the court and the operator of any state, regional, or local case management system not to disclose or permit disclosure of any records in the case, subject to certain exceptions, if any of the following occur: (1) The action is dismissed. (2) A judgment in favor of the tenant is entered. (3) A judgment against the tenant is later overturned or vacated on appeal. Provides that if: (1) an eviction action, regardless of when it was filed, results in one of the specified outcomes allowing for the nondisclosure of records in the action; and (2) the court does not issue an order prohibiting the disclosure of any records in the action; the tenant in the action may petition the court in which the eviction action was filed to issue an order prohibiting the disclosure of any records in the action in accordance with the bill's provisions. Provides that upon the filing of such a petition, the court may: (1) issue an order prohibiting the disclosure of any records in the action; or (2) set the matter for a hearing. Provides that the petitioner bears the burden of proof in any hearing set by the court. Requires the clerk of court or other court administrator to: (1) track all eviction actions with respect to which a nondisclosure order is issued by the court; and (2) furnish the data compiled in the statutorily required statistical data provided to the office of judicial administration (office), as prescribed by the office. Requires the office to include the data provided by the courts in the Indiana Judicial Report.

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.

Provides that, in determining whether at least 50% of the instructional services that a student receives from a school corporation is virtual instruction for purposes of the 2021 fall count of ADM, the department of education (department) shall review the attendance of each student on each school day from the school corporation's first day of school until the school corporation's last day of school of the 2021 fall semester. Makes an exception regarding the school days the department reviews for students who transferred to or from a school corporation during the 2021 fall semester. Provides that, if a school corporation's tuition support amount is adjusted as a result of the application of this provision, the department shall, after December 31, 2021, settle any overpayment or underpayment of state tuition support to a school corporation resulting from the adjustment of tuition support on the schedule determined by the department. Requires each school corporation and charter school to annually report to the department the number of students who, during the students' expected graduation year: (1) were enrolled in the school corporation on the September ADM count day; (2) completed graduation requirements before the February ADM count day; and (3) were not enrolled in the school corporation on the February ADM count day. Requires, not later than September 1 of each year, the department to: (1) compile and prepare a report regarding the information reported by school corporations and charter schools; and (2) submit the report to the legislative council.