The Hoosier Farmer

While some measures go into effect later, the vast majority of new Indiana state laws passed during the legislative session earlier this year took effect on July 1. Indiana Farm Bureau’s Ryan Hoff, senior director of government affairs, and Micha Burkert, director of government affairs, share six new laws that directly impact farmers and landowners:

HEA 1249

Topic: Broadens the existing protections against aerial remote harassment from unauthorized drone use.

Change: Existing aerial harassment laws protect against intentional harassment of individuals by drone users, making such activity a Level 6 felony. This legislation expands this law to also outlaw intentional harassment of livestock and damaging or disturbing crops on another person’s property. The legislation also makes intentional, unauthorized spraying of any substance over another person’s property illegal.

HEA 1424

Topic: Establishes homestead and small farms as vendors to sell goods to consumers.

Change: Current code allows for home-based vendors to sell homemade goods made at their homes at roadside stands, farmers markets and the directly to an end consumer on a limited product basis. This legislation establishes homestead and small farm vendors to allow them to sell more products directly from their property and to an end consumer within Indiana. This change also allows more products to be sold directly from the farm.

HEA 1355

Topic: Reforms the permitting process for confined feeding operations.

Change: The legislation established a new 90-day IDEM application review deadline with fee refund penalties and established a voluntary preapplication engineering design review process.

• Operational requirements: Restricts IDEM from requiring upgrades to existing, permitted structures during expansions, and permits specific handling rules for solid manure.
• Safety standards: Mandates structural standards for earthen berms, requiring proper stabilization, maintenance and vegetation management.
• Administrative updates: Requires a designated IDEM contact for application inquiries.

HEA 1003

Topic: Establishes the Agricultural Promotion and Regulation Task Force.

Change: A taskforce of agriculture industries and legislators will study and make recommendations about current regulatory and market opportunities within Indiana. This will allow for an opportunity for the ag industry to shape what the Indiana agriculture landscape looks like.

SEA 6

Topic: Expands notice to landowners before the extension of municipally-owned water utilities outside municipal boundaries or existing service territory.

Change: This legislation requires the utility to notify both the landowner and the county plan commission at least 60 days in advance. Additionally, the utility must, upon written request, meet with either landowner or plan commission to discuss the proposed extension. Signed into law on March 4, the act establishes the following requirements:

• Written notification: Utilities must send written notice by mail to any landowner whose property is required for the main extension and to the corresponding county plan commission.
• Website posting: Both the utility and the county must post specific details about the proposed extension project on their official websites.
• Meeting requests: Any impacted landowner or county plan commission has up to 30 days after receiving the notice to request a formal meeting with the utility regarding the project.

HEA 1002

Topic: Provides expanded protections against electric utility disconnection by an investor-owned utility during extreme heat.

Change: Current law protects against disconnection during extreme cold conditions, but this legislation creates protection when the maximum temperature is projected to be above 95 degrees. This legislation also requires investor-owned electric utilities to offer low-income customer assistance programs.

• Utility rate overhaul: Transitions electric utilities to multi-year rate plans that require performance incentive mechanisms to ensure reliability and affordability.
• Summer shut-off protections: Prevents utility companies from disconnecting electricity services during periods of extreme heat.
• Levelized billing: Requires eligible low-income electric customers to be enrolled in levelized (budget) billing plans to distribute energy costs evenly throughout the year.
• Customer assistance: Mandates that electric utilities implement support programs for eligible low-income households and tightens reporting obligations concerning disconnections and arrearages to the Indiana Utility Regulatory Commission.

Contact Editor

Robert Herrington

(317) 692-7871

RHerrington@infb.org