IndianaIndiana limits some pollution risk values and assigns rule help
Indiana’s environmental department follows limits on certain pollution risk values, while state agencies assign staff to help small businesses understand rules.
What it does
The department may not base a decision only on certain federal pollution risk values that have not gone through federal rulemaking. It must avoid using those values when they are at or below background levels in air, water, soil, or sediment.
Each state agency assigns a knowledgeable staff member to help small businesses understand a rule. The coordinator answers questions about requirements, deadlines, compliance, and penalties.
The department must decide within 90 days on complete applications to build or expand certain digestion or gasification facilities. The department and applicant may agree to more time; if the deadline is missed, the applicant may request a fee refund.
Argument forSmall businesses could get clearer help with agency rules from staff assigned to answer questions about requirements, deadlines, and penalties.
Argument againstAvoiding some federal risk values could make it harder for the department to use those measures when weighing pollution risks.
More detail
The department may not base a decision only on certain federal risk values that have not gone through federal rulemaking, and it must avoid values at or below background levels. This applies to decisions by Indiana’s environmental department. The rule covers listed risk values and assessments developed under the federal EPA risk information system or federal chemical control law. This provision took effect July 1, 2026.
State agencies assign a staff member to each rulemaking and each rule adopted from it to serve as a small business coordinator. This covers state agencies and small businesses affected by their rules; extra assistance information applies to environmental department rules. The coordinator must have relevant knowledge or experience and provide guidance in response to questions and concerns from affected small businesses. For environmental department rules, the coordinator may refer concerns about how a rule is applied or enforced to an environmental ombudsman. This provision took effect July 1, 2026.
The department must decide on a complete application for prior approval to build or expand a covered digestion or gasification facility within 90 days. This covers applications for prior approval to build or expand an anaerobic digestion or gasification facility, including one on a confined feeding operation’s premises. The facility may use biomass, appropriate feedstock, or both. Appropriate feedstock is a separated solid waste stream that can be processed for material or energy recovery. The department and applicant may agree to a longer review period. If the department misses the deadline, the applicant may request a fee refund, and the department must continue its review. The 90-day period starts when the department receives the complete application and required supplemental information. This provision took effect July 1, 2026.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 5Signed by the Governor Mike BraunBecame Law
- Mar 5Public Law 135Major
- Feb 27Signed by the President Pro TemporeMajor
- Feb 27Signed by the President of the SenateMajor
- Feb 27Signed by the SpeakerMajor
- Feb 26
- Vote recorded SB 277 - Niemeyer. Result: pass.Upper
- Feb 25Senate concurred with House amendments; Roll Call 296: yeas 26, nays 21
- Feb 25Motion to concur filedMinor
- Feb 25Returned to the Senate with amendmentsMinor
- Feb 24Third reading: passed; Roll Call 356: yeas 53, nays 45Passed House
- Vote recorded SB 277 - Baird - 3rd Reading. Result: pass.Lower
- Feb 23Amendment #6 (Novak) failed; Roll Call 323: yeas 39, nays 55Major
- Vote recorded SB 277 - Baird - 2nd Reading. Result: fail.Lower
- Vote recorded SB 277 - Baird - 2nd Reading. Result: fail.Lower
- Vote recorded SB 277 - Baird - 2nd Reading. Result: fail.Lower
- Vote recorded SB 277 - Baird - 2nd Reading. Result: fail.Lower
- Vote recorded SB 277 - Baird - 2nd Reading. Result: pass.Lower
- Vote recorded SB 277 - Baird - 2nd Reading. Result: fail.Lower
- Vote recorded SB 277 - Baird - 2nd Reading. Result: fail.Lower
- Vote recorded SB 277 - Baird - 2nd Reading. Result: fail.Lower
- Vote recorded SB 277 - Baird - 2nd Reading. Result: fail.Lower
- Vote recorded SB 277 - Baird - 2nd Reading. Result: fail.Lower
- Feb 23Amendment #14 (Jackson C) failed; Roll Call 324: yeas 35, nays 58Major
- Feb 23Amendment #12 (Errington) failed; Division of the House: yeas 37, nays 54Major
- Feb 23Amendment #22 (Cash) prevailed; voice voteMajor
- Feb 23Second reading: amended, ordered engrossedMinor
- Feb 23Amendment #9 (Errington) failed; Roll Call 332: yeas 29, nays 66Major
- Feb 23Amendment #15 (Jackson C) failed; Roll Call 331: yeas 29, nays 67Major
- Feb 23Amendment #10 (Errington) failed; Roll Call 330: yeas 34, nays 56Major
- Feb 23Amendment #2 (Bauer) failed; Roll Call 329: yeas 29, nays 62Major
- Feb 23Amendment #5 (Bauer) prevailed; Roll Call 328: yeas 50, nays 44Major
- Feb 23Amendment #17 (Jackson C) failed; Roll Call 327: yeas 30, nays 63Major
- Feb 23Amendment #3 (Bauer) failed; Roll Call 326: yeas 48, nays 49Major
- Feb 23Amendment #8 (Errington) failed; Roll Call 325: yeas 34, nays 60Major
- Feb 23Amendment #27 (Baird) prevailed; voice voteMajor
- Feb 16Committee report: amend do pass, adoptedMinor
- Feb 2First reading: referred to Committee on Environmental AffairsMinor
- Jan 29Third reading: passed; Roll Call 141: yeas 29, nays 19Passed Senate
- Vote recorded SB 277 - Niemeyer - 3rd Reading. Result: pass.Upper
- Jan 29Representative Miller D added as cosponsor
- Jan 29House sponsor: Representative Baird
- Jan 29Referred to the HouseMinor
- Jan 28Amendment #5 (Niemeyer) prevailed; voice voteMajor
- Jan 28Amendment #1 (Qaddoura) failed; voice voteMajor
- Jan 28Senator Busch added as second author
- Jan 28Second reading: amended, ordered engrossedMinor
- Jan 22Committee report: amend do pass, adoptedMinor
- Jan 13Committee report: do pass adopted; reassigned to Committee on AppropriationsMinor
- Jan 8First reading: referred to Committee on Environmental AffairsMinor
- Jan 8Authored by Senator NiemeyerIntroduced
Environment & EnergyEconomy & Jobs