IndianaEnergy production zones.
What it does
Provides that a project owner is not required to apply for or receive a zoning permit (permit), or any other land use or zoning approval, from a local authority for the construction of a facility, other than a wind power device or commercial solar energy system, for the generation of electricity (electric generation facility) if: (1) the Indiana utility regulatory commission (commission): (A) grants the project owner a certificate of public convenience and necessity for the construction; or (B) declines jurisdiction over the construction; (2) the electric generation facility will be located on a premise of land on which there was located as of January 1, 2025: (A) an existing electric generation facility with a generating capacity of at least 80 megawatts, regardless of whether the electric generation facility is operational; or (B) a former surface or underground mine; and (3) the project owner complies with specified notice and hearing requirements. Requires an applicant for a permit from a local authority to be given an extension of time if the applicant's failure to meet the application deadline was caused by unforeseen circumstances beyond the applicant's control. Provides that a deadline in an ordinance for commencing or completing a permitted use is tolled until two years after the conclusion of any litigation or regulatory proceeding regarding the granting of the permit.
More detail
Sets deadlines for review of permit applications. Establishes requirements for development agreements. Provides that certain legal restrictions in effect at the time a permit is issued continue to apply unless the development is not completed within 10 years. Specifies that certain legal restrictions in effect at the time a development agreement is entered into apply for the period specified in the development agreement. Provides that the statute governing the approval of permits concerning zoning does not authorize the impairment of any vested right or abrogate any rights vested under common law. Specifies when land use rights are considered vested. Imposes other requirements upon the permit approval process. Authorizes a political subdivision or a local authority to prohibit, for a period of not more than one year, the siting, construction, installation, permitting, or deployment of a project (other than a project undertaken by specified entities) that involves the siting, construction, or deployment of facilities, equipment, or infrastructure used in the generation of electricity. Provides that a prohibition may not be extended or renewed for any length of time, regardless of when the prohibition first takes effect. Provides that after an advisory plan commission certifies a proposal to adopt, amend, or partially repeal the text of a zoning ordinance, the legislative body must take final action to adopt, amend, or reject the proposal. (Current law provides that after the legislative body acts on the proposal, the proposal returns to the plan commission for further proceedings.)
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- May 6Signed by the Governor Mike BraunBecame Law
- May 6Public Law 202Major
- Apr 29Signed by the President of the SenateMajor
- Apr 25Signed by the SpeakerMajor
- Apr 24Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 550: yeas 51, nays 40
- Vote recorded SB 425 - Koch. Result: pass.Upper
- Vote recorded SB 425 - Soliday. Result: pass.Lower
- Apr 24Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 509: yeas 31, nays 19
- Apr 24Signed by the President Pro TemporeMajor
- Apr 23Senator Donato removed as advisor
- Apr 23Senator Donato added as conferee
- Apr 23Representative Pressel removed as advisor
- Apr 23Representative Pressel added as conferee
- Apr 23Representative Pierce M removed as conferee
- Apr 23CCR # 1 filed in the SenateMinor
- Apr 23CCR # 1 filed in the HouseMinor
- Apr 23Senator Hunley removed as conferee
- Apr 22Senator Schmitt removed as coauthor
- Apr 21Senate conferees appointed: Koch and Hunley
- Apr 21Senate advisors appointed: Spencer and Donato
- Apr 17Concurrence withdrawnMajor
- Apr 17House conferees appointed: Soliday and Pierce M
- Apr 17Senate dissented from House amendments
- Apr 17Motion to dissent filedMinor
- Apr 17House advisors appointed: Shonkwiler, Culp, Pressel and Burton
- Apr 16Returned to the Senate with amendmentsMinor
- Apr 16Motion to concur filedMinor
- Apr 15Third reading: passed; Roll Call 450: yeas 57, nays 40Passed House
- Vote recorded SB 425 - Soliday - 3rd Reading. Result: pass.Lower
- Apr 14Amendment #2 (Burton) failed; voice voteMajor
- Vote recorded SB 425 - Soliday - 2nd Reading. Result: fail.Lower
- Apr 14Amendment #3 (Pierce M) failed; Roll Call 438: yeas 27, nays 68Major
- Apr 14Second reading: amended, ordered engrossedMinor
- Apr 14Amendment #5 (Culp) prevailed; voice voteMajor
- Apr 8Committee report: amend do pass, adoptedMinor
- Mar 3First reading: referred to Committee on Utilities, Energy and TelecommunicationsMinor
- Feb 21Referred to the HouseMinor
- Feb 20House sponsor: Representative Soliday
- Vote recorded SB 425 - Koch - 3rd Reading. Result: pass.Upper
- Feb 20Third reading: passed; Roll Call 194: yeas 37, nays 12Passed Senate
- Feb 17Senator Schmitt added as coauthor
- Feb 17Second reading: ordered engrossedMinor
- Feb 13Senator Donato added as second author
- Feb 13Committee report: amend do pass, adoptedMinor
- Jan 13First reading: referred to Committee on UtilitiesMinor
- Jan 13Authored by Senator KochIntroduced