Bill Watch 2026

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Welcome to HEC’s Bill Watch page for the 2026 Indiana General Assembly Session! Below is a list of bills we’re watching this session, along with expert analysis outlining our support or opposition for each bill, updates on changes to a bill’s content or status, and what you can do to help HEC meet its legislative goals for this session.

Item #1 on the list of things you can do is sign up here to receive texts from HEC regarding critical action alerts on these bills and other environmental policy initiatives.

Bills marked with (◈) are a HEC priority for the 2026 session. Bills marked with (↣) have an HEC-sponsored advocacy action you can take to show your support. Need a quick refresher on Indiana’s legislative process? Click here.

Support

SB 6: Required public outreach by utilities
SB 7: County approvals for carbon sequestration
SB 17: Local control of air quality
SB 57: Support for state historic and recreational sites
SB 61: Radon disclosure
SB 67: Studying the impact of natural lands
SB 74: Plug-in solar for Hoosiers ◈↣
SB 79: Data center transparency
SB 164: Study of community or urban microfarming
SB 196: Closing the community energy loophole
HB 1043: Regulating data centers’ water use
HB 1062: Limiting wake boarding and wake surfing
HB 1068: Voter retention of IURC members
HB 1110: Limiting PFAS chemicals in wastewater
HB 1137: Ultraprocessed foods and beverages in school nutrition
HB 1204 & HB 1265: Natural Resource Entrance Fees
HB 1231: Battery Recycling
HB 1297: Balancing economic development and water supply
HB 1424: Deregulating farm and homestead food sales

Oppose

SB 54: New zoning requirements for solar projects
SB 172 & HB 1294: Wrapping environmental protections in red tape
SB 174: Removing fluoride from Hoosiers’ drinking water
SB 237: Limiting IDEM regulation of PFAS chemicals
SB 277: Weakening Indiana’s Department of Environmental Management

Following

SB 22 & HB 1240: Redefining cremation
SB 83: Limiting utility rate increases
SB 114: Election of IURC Commissioners
HB 1002: Electric Utility Affordability
HB 1239: Protecting Public Health from PFAS
HB 1321: Prohibition on use of certain food additives
HB 1376: Prohibited food additives

Support

Oppose

Following

SHOW ALL

support

SB 6: Required public outreach by utilities

Authored by: Senator Rick Niemeyer Referred to: Senate Committee on Local Government

The gist: SB 6 would require utilities to conduct public outreach when purchasing or condemning a piece of land or property for a water main.

HEC’s analysis: If SB 6 is enacted, utilities will be required to conduct a public outreach campaign at least 4 months before purchasing or condemning a piece of land or property for a water main. The bill specifies that such an outreach campaign must include maps of the site, completion date, and nature of the work to be done on the site. Notification includes publication in the primary newspaper circulated in the county and individual notices to landowners whose properties are affected.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

SB 6: Required public outreach by utilities

support

SB 7: County approvals for carbon sequestration

Authored by: Senator Rick Niemeyer Referred to: Senate Committee on Utilities

The gist: SB 7 seeks to require carbon sequestration projects in Indiana to get approval from each country through which carbon is transported or in which carbon is stored.

HEC’s analysis: If enacted, SB 7 will require any carbon sequestration project that transports carbon dioxide across Indiana county lines to get approval from every county carbon dioxide is transported through or stored within. It specifies that the county commission, city council, zoning board, or plan commission would be the body to grant the relevant approval, depending on the rules in that county.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

SB 7: County approvals for carbon sequestration

support

SB 17: Local control of air quality

Authored by: Senator Lonnie Randolph Referred to: Senate Committee on Environmental Affairs

The gist: SB 17 seeks to give local units of government the power to monitor and control air pollution in their communities.

HEC’s analysis: SB 17 aims to improve air quality by allowing Indiana cities, counties, or towns to establish an air pollution control agency to monitor air pollution separate from the Indiana Department of Environmental Management. If enacted, the law would allow local units to enter into a contract with IDEM to receive technical assistance and other support from IDEM while still having the authority to conduct and receive compensation for local air pollution control activities.

According to data from the CDC and Indiana Department of Health, around one in twelve Indiana children under the age of 17 have an asthma diagnosis. Outdoor air pollution is a common asthma trigger, and addressing air pollution at a local level is a step towards improving air quality for all Hoosiers, including those who suffer most when particulate matter is high.

An identical bill was introduced during the 2025 legislative session but did not receive a hearing.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

following

SB 22 & HB 1240: Redefining cremation

Authored by: Senator Brett Clark; Representative Mark Genda Referred to: Senate Public Policy Committee (SB22); House Commerce, Small Business, and Economic Development Committee (HB 1240)

The gist: These bills seek to add a less energy-intensive process to the State’s definition of “cremation.”

HEC’s analysis: If enacted, SB 22 and HB 1240 would expand the definition of "cremation" to include alkaline hydrolysis as a means for the dissolution of human remains. The process of alkaline hydrolysis uses less energy than flame cremation and produces an environmentally benign byproduct. There is a third bill that would allow the same process for disposing of animal remains, but that bill (SB 135, Sen Busch) imposes on the state board of animal health to create rules and regulation for disposal of the liquid waste leftover from the process.

To access the full text of SB 22, click here. To see the latest actions on this bill, click here.

To access the full text of HB 1240, click here. To see the latest actions on this bill, click here.

oppose

SB 54: New zoning requirements for solar projects

Authored by: Senator Liz Brown Referred to: Senate Committee on Utilities

The gist: SB 54 seeks changes to local zoning requirements that will make it more difficult to site large solar projects in Indiana.

HEC’s analysis: In Indiana, an “overlay district” is a tool used by local zoning authorities to combine multiple individual zoning districts into a single “overlay” for the purpose of creating special rules for that district. For example, some overlay districts create rules about historic preservation, to ensure new developments or renovations in particular neighborhood reflect its historic character; others are tailored to support environmental protection or create affordable housing. Overlay districts allow local communities to address needs specific to certain areas without having to rezone large swaths of land or change the fundamental use of properties.

SB 54 takes a different tack. If enacted, it will prohibit zoning authorities in local Indiana communities from establishing an “overlay district” to allow for commercial solar energy development in their city, county, or town unless each individual zoning district included in the overlay is either already zoned for that purpose or is rezoned for that purpose. The impact of this legislation would be an effective ban on overlay districts that allow for commercial solar energy development, making it more difficult to site large solar projects in Indiana.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

SB 54: New zoning requirements for solar projects

support

SB 57: Support for state historic and recreational sites

Authored by: Senator Jean Leising Referred to: Senate Committee on Natural Resources

The gist: SB 57 would establish a division of historic sites within the Department of Natural Resources and appropriate dedicated funding for the state’s historic sites.

HEC’s analysis: In all likelihood, SB 57 is a response by Senator Leising to information gathered by the Interim Study Committee on Agriculture and Natural Resources, which Leising chaired. If enacted, the bill will move control of Indiana’s historic sites back to DNR from the Indiana State Museum and make a dedicated appropriation to historic sites. Over the summer, Leising’s study committee learned how much funding has been cut from state agencies responsible for maintaining historic and recreational state properties, and the negative impact those cuts are having on local and state revenues. The study committee reviewed the economic value of public recreational lands and issued a compelling final report with a set of recommendations. 

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

support

SB 61: Radon disclosure

Authored by: Senator Greg Taylor Referred to: Senate Committee on Judiciary

The gist: SB 61 ensures that homebuyers would be notified of potential radon presence and requires sellers to disclose any radon testing done at a residence.

HEC’s analysis: If enacted, SB 61 will ensure that buyers are aware of the potential presence of radon in a home; requires sellers to disclose a home’s radon testing history if any has been conducted; and requires that buyers receive a guide on dealing with radon in a home prior to purchase.

Radon is a naturally occurring gas that is produced as uranium in soil, rocks, and water is broken down; as many 1 in 15 homes have elevated radon levels (defined as 4 picocuries per liter or higher) in the United States. Radon cannot be smelled or seen, but its presence increases the risk of lung cancer in both non-smokers and smokers. In fact, exposure to radon is the second leading cause of lung cancer deaths in the US behind exposure to cigarette smoke. SB 61 has the potential to save Hoosier lives by increasing homebuyers’ awareness of the presence of radon and strategies for mitigating the risks it poses. The policy is similar to the Residential Lead-Based Paint Hazard Reduction Act that was enacted by the EPA in 1992, requiring disclosure of lead risks to home buyers and tenants in homes built prior to 1978.

A bill identical to SB 61 was introduced during the 2025 legislative session but did not receive a hearing.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

support

SB 67: Studying the impact of natural lands

Authored by: Senator Shelli Yoder Referred to: Senate Committee on Natural Resources

The gist: Among other things, SB 67 would require DNR study and report on the impact of natural lands on public health.

HEC’s analysis: SB 67 is a second bill to arise from the findings of the Agriculture and Natural Resources Interim Study Committee. If enacted, SB 67 would require DNR to study and issue a report on the following topics: (1) the impact of natural lands on public health; (2) options for a consistent visitor fee collection system at state fish and wildlife areas; and (3) a plan to mitigate and recover from natural disasters affecting public lands.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

SB 67: Studying the impact of natural lands

support

SB 74: Plug-in solar for Hoosiers ◈↣

Authored by: Senator J.D. Ford Referred to: Senate Committee on Utilities

The gist: SB 74 seeks to clear a path for “plug-in” or “balcony” solar in Indiana.

Support: Use this form from HEC to send your state senator a message urging their support for SB 74.

HEC’s analysis: Current Indiana law does not distinguish between full-scale rooftop solar arrays and the newer, much smaller residential solar units (under 1.2 kw) that plug into existing outlets and give a broader mix of residents an option for reducing their baseline energy usage. Consequently, plug-in solar systems are subject to the same regulations and interconnection agreements that govern full-scale rooftop solar arrays.

Under SB 74, plug-in solar units would not be subject to the interconnection agreements and associated fees that govern rooftop solar in Indiana. Because of their small size, plug-in solar systems rarely export electricity to the grid, so SB 74 stipulates that utilities aren’t required to make surplus energy repayments to users. The bill also outlines safety requirements and releases the utility from liability for injury or damages caused to a customer by a plug-in home solar unit.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

support

SB 79: Data center transparency

Authored by: Senator J.D. Ford Referred to: Senate Committee on Utilities

The gist: SB 79 proposes several measures designed to create more transparency for Hoosiers around the current and future use of electricity by the data center industry in Indiana.

HEC’s analysis: If enacted, SB 79 will require:

That the Indiana Utility Regulatory Commission IURC) establish a working group to estimate the future electricity demands of data centers in Indiana and provide findings to the general assembly by October 31, 2026.
That data center operators submit quarterly electricity usage reports to IURC.
That IURC publish a summary of quarterly data center reports on its website.
That before issuing a permit for construction of a data center, a county, municipality, or township: a) compel developers of a proposed data center to disclose the amount of power and water the center intends to use, and b) conduct a site assessment that includes an analysis of the proposed data center’s impact on water usage, electric usage, carbon emissions, and land use in terms of the historic, agricultural, and agricultural value of the land.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

following

SB 83: Limiting utility rate increases

Authored by: Senator Fady Qaddoura Referred to: Senate Committee on Utilities

The gist: SB 83 seeks to prohibit the Indiana Utility Regulatory Commission (IURC) from approving any request brought by a utility company that would result in an average monthly increase of 3% or more for residential customers. It also proposes to grant local units of government several new powers in their dealings with utility companies.

HEC’s analysis: SB 83 proposes a raft of changes in the balance of power between local communities and public utilities. The proposed changes include:

A repeal of the existing sales and use tax exemption for some data centers (established by HEA1601).
A cap on rate increases for residential customers so that the Indiana Utility Regulatory Commission (IURC) cannot approve any rate case which would result in an average monthly increase of 3% or more for residential customers.
A moratorium on rate increases until July 1, 2028.
A newly established retail tax exemption for utilities for residential, commercial, and industrial customers.

If enacted, SB 83 would also authorize a municipality to purchase a utility without the consent of the IURC and establish the right for a city to bring a lawsuit to condemn a utility or take a utility’s property by eminent domain if the city can establish that action is necessary.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

following

SB 114: Election of IURC Commissioners

Authored by: Senator James Tomes Referred to: Senate Committee on Utilities

The gist: SB 114 provides for nonpartisan election of the five members of the Indiana Utility Regulatory Commission (IURC), rather than the current process of gubernatorial appointment.

HEC’s analysis: If enacted, SB 114 would divide Indiana into five geographic districts from which IURC members would be elected. Under SB 114, commissioners would be subject to four-year terms and be placed on the public ballot in presidential and midterm election years. The bill calls for 2 IURC members to be seated from the state’s northern region, 1 from the central region, and 2 from the southern region. It also prohibits anyone who works for a utility or holds any utility stock from running for a seat on the commission. Proposed elections for IURC members would begin in 2028. SB 114 also seeks to repeal a provision that limit IURC membership to no more than 3 from single political party. Commission seats would not be subject to primary elections.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

support

SB 164: Study of community or urban microfarming

Authored by: Senator Mark Spencer Referred to: Senate Committee on Agriculture

The gist: SB 164 is a solid proposal for a statewide feasibility study on establishing community or urban micro-farm zones.

HEC’s analysis: Senator Spencer's bill would direct the Indiana Department of Agriculture to conduct a statewide feasibility study, in collaboration with health agencies, Purdue Extension, local governments, and community organizations, on establishing community or urban micro-farm zones. Under SB 174, the study would assess available land, zoning models, best practices, and the role of micro-farms in improving food access, nutrition education, and community engagement; it would also include recommended options for pilot programs, safety standards, and potential future legislation. 

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

SB 164: Study of community or urban microfarming

oppose

SB 172 & HB 1294: Wrapping environmental protections in red tape

Authored by: Senator Tyler Johnson; Representative Garrett Bascom Referred to: Senate Committee on Appropriations; House Government and Regulatory Reform Committee

The gist: The Legislative Budget Committee currently reviews all proposed or interim rules that have costs of $1,000,000 or more over a two year period. These bills would lower the spending threshold from $100,000 (SB 172) and $300,000 (HB 1294), increasing that chance that environmental bills would get tied up in the process.

HEC's Analysis: SB 172 requires the Legislative Budget Committee to review and approve any proposed or interim rule that has implementation and compliance costs greater than $100,000 over two years. The current threshold is $1,000,000, so this bill significantly increases the chance that new regulations protective of human health and the environment will be tied up in this process. HB 1294 sets the threshold at $300,000 and creates a whole new administrative rules committee (with attendant costs of $125,000 per year) to review agency rules, which increases spending, despite the bill’s aim to decrease costs.

To access the full text of SB 172, click here. To see the latest actions on this bill, click here.

To access the full text of HB 1294, click here. To see the latest actions on this bill, click here.

SB 172 & HB 1294: Wrapping environmental protections in red tape

oppose

SB 174: Removing fluoride from Hoosiers’ drinking water

Authored by: Senator Tyler Johnson Referred to: Committee on Health and Provider Services

The gist: SB 174 appears to be a mechanism for prohibiting the addition of fluoride to Hoosiers' drinking water, despite fluoride's scientifically documented ability to slow tooth decay.

HEC’s analysis: SB 174 contains a number of health-related provisions, but HEC is most concerned by its prohibition on "adding a chemical to a public water supply if the chemical’s purpose is to affect human health." This appears to be a way to prohibit the addition of fluoride to public water, despite the conclusions of medical science that fluoride has slowed or prevented tooth decay in millions of people worldwide without adverse effects.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

SB 174: Removing fluoride from Hoosiers’ drinking water

support

SB 196: Closing the community energy loophole

Authored by: Senator Greg Walker Referred to: Senate Utilities Committee

The gist: Walker's bill closes a legislative loophole that has, to now, made community energy installations more of a theory in Indiana than a practice.

HEC’s analysis: In theory, community energy installations - which allow neighbors to purchase a subscription to a solar array (or wind farm or other type of energy generation) and benefit from the corresponding share of electricity - are already legal in Indiana. As a practical matter, however, implementing community energy installations requires a certain amount of cooperation from the state's utilities. For a community energy installation to operate, it needs the local utility to write a fee structure as part of their agreement for services. But, with no law on the books requiring them to do so, Indiana's utility companies have simply ignored requests for cooperation from anyone seeking to establish a community energy installation.

If enacted, SB 196 will require the state's utilities to cooperate with and write fee structures for parties to a community energy program.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

SB 196: Closing the community energy loophole

oppose

SB 237: Limiting IDEM regulation of PFAS chemicals

Authored by: Senator Scott Baldwin Referred to: Senate Committee on Environmental Affairs

The gist: SB 237 is an attempt to limit the Indiana Department of Environmental Management's IDEM) ability to regulate PFAS.

HEC's analysis: Senator Baldwin is carrying SB 237 for the departing Senator Zay, the bill's actual author. The bill is supported by the American Chemical Association, which has long opposed increasing regulation of PFAS used to produce a variety of products. As written, SB 237 would prohibit IDEM from basing regulatory decisions on the PFAS risk values established by the federal Environmental Protection Agency and directs IDEM to focus on “state prioritized PFAS chemicals” only when they are relevant to carrying out the department’s duties.

Update 1/20/26: We're hearing SB237 is likely to be heard by the Senate Committee on Environmental Affairs on Monday, January 26, 2026.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

SB 237: Limiting IDEM regulation of PFAS chemicals

oppose

SB 277: Weakening Indiana’s Department of Environmental Management

Authored by: Senator Rick Niemeyer Referred to: Senate Committee on Environmental Affairs

The gist: Despite some good and necessary code clean up, this expansive, 176-page bill (which dropped late in the day on Thursday, January 8 and was the first item on the agenda for the 9:30 a.m. Monday, January 12 meeting of the Senate Committee on Environmental Affairs) proposes many concerning and substantive changes that appear to dramatically limit the ability of the Indiana Department of Environmental Management (IDEM) to protect human and environmental health.

HEC's analysis: SB 277 affects all of Title 13 of the Indiana Code, "Environment." It offers some good code clean-up measures (eliminating outdated code and rule references), but its key proposals outline substantive and worrisome changes to the state's current environmental management regime.

The bill was heard on January 12 in Senator Niemeyer’s Environmental Affairs Committee and passed out of committee on a vote of 5-3. HEC testified against the bill, laying out these chief concerns:

There are more than 40 instances in which the bill seeks to change mandatory actions by IDEM ("the agency shall") to discretionary actions ("the agency may").  Most of these changes could result in reduced protections for Hoosiers from environmental harms.

The bill proposes to eliminate IDEM authority to review of permit applications for nuclear power facilities, leaving a massive regulatory gap at the same moment IGA members are pushing for development and deployment of small nuclear power generators.

The bill seeks to add the new and extremely vague factor of "burdensome" to IDEM's review of protective regulations, without defining "burdensome" or specifying what constitutes a "burdensome" regulation. If SB 277 is enacted, the "burdensome" consideration would join Indiana's existing "no more stringent than federal law” standard for environmental protections. As the federal government continues its effort to void its own environmental laws of stringency, HEC is concerned everyday Hoosiers will bear the real burden of this proposed change rather than polluters.

In general, SB277 ties IDEM’s  regulatory policies too closely to federal environmental policy, which, under the current administration, is shrinking faster than the planet's glaciers.

HEC will continue to work in opposition to this bill as it moves to the Senate Committee on Appropriations and eventually to the Senate floor.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

SB 277: Weakening Indiana’s Department of Environmental Management

following

HB 1002: Electric Utility Affordability

Authored by: Representative Alaina Shonkwiler Referred to: House Committee on Utilities, Energy, and Telecommunications

The gist: Intended by its authors to help address Hoosiers' skyrocketing electric bills, 1002 opens an important conversation about affordability and consumer protections but needs strengthening before HEC can support.

HEC's analysis: HB 1002 puts forth several measures its authors intend to address Indiana's rising electricity rates. The bill's first provision would require all electric utilities governed by the Indiana Utility Regulatory Commission (IURC) to automatically enroll all customers in a "budget plan," while providing an option to opt out. It also requires utilities to establish low-income assistance programs and prohibits utility disconnections during extremely hot days. The biggest idea in the bill is the creation of performance incentive mechanisms (often referred to as "Performance Based Ratemaking") for utilities related to affordability and grid resilience.

HEC supports the HB 1002's goals of energy affordability and protections for low-income Hoosiers, and we've offered multiple recommendations for improvements that we believe increase its chances of meeting those goals. We'll continue to follow this bill and hope to see it strengthened.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

support

HB 1043: Regulating data centers’ water use

Authored by: Representative Alex Burton Referred to: House Committee on Natural Resources

The gist: HB 1043 seeks to require that owners or developers of AI data centers submit a water consumption permit application to the Indiana Department of Natural Resources (DNR) that discloses the center's estimated water usage. It is a welcome step toward transparency regarding water usage by AI data centers.

HEC’s analysis: HB 1043 seeks to address the challenge of extractive water usage by hyperscale AI data centers in Hoosier communities. As defined in Burton's bill, a "data center" is any facility with the capacity to consume 10 million gallons of water in month. Under 1043, prior to beginning operations, the owners or developers of such a data center would be required to apply for and obtain a water usage permit from DNR; the bill stipulates that the permit application include estimates of maximum water usage by day, month, and year and requires applicants to identify the anticipated source of water.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

HB 1043: Regulating data centers’ water use

support

HB 1062: Limiting wake boarding and wake surfing

Authored by: Representatives David Abbott, Tony Isa, Dave Heine, and Carolyn Jackson Referred to: House Committee on Natural Resources

The gist: HB 1062 attempts to address shoreline erosion in small freshwater lakes by prohibiting wakeboarding and wake surfing.

HEC’s analysis: The intent of this bill is to curtail or prevent shoreline erosion and disturbance of submerged plant life in small freshwater lakes, such as the many found in northern Indiana.

Stemming from general objections to the waves produced by high-speed motorboats on small lakes, HB 1062 defines “wake boarding” and “wake surfing” as activities of both the rider and the motorboat operator and prohibits the activity from sunset to sunrise. It also requires DNR to write a rule on wake boarding/wake surfing which stipulates that such activity can happen only during times of boat speed exemptions. The House Committee on Natural Resources declined to hear a similar bill during the 2025 session.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

HB 1062: Limiting wake boarding and wake surfing

support

HB 1068: Voter retention of IURC members

Authored by: Representative Chuck Moseley Referred to: House Committee on Utilities, Energy, and Telecommunications

The gist: HB 1068 seeks to retain the governor's right to appoint members to a first term on the Indiana Utility Regulatory Commission (IURC) but allows voters to determine whether individual commissioners serve another term.

HEC’s analysis: Under current Indiana law, members of the IURC are appointed by the state’s governor to four-year terms and can be reappointed indefinitely. HB 1068 proposes that the Indiana governor continue appointing commissioners to their initial term, but requires that any commissioner wishing to serve a succeeding term be retained by a general election vote. Under the bill’s provisions, if the public votes not to retain a specific commissioner, that individual’s IURC membership ends when their original term expires and they become ineligible for a later reappointment to the IURC. The subsequent vacancy would be filled by a new gubernatorial appointment.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

HB 1068: Voter retention of IURC members

support

HB 1110: Limiting PFAS chemicals in wastewater

Authored by: Representative Becky Cash Referred to: House Committee on Environmental Affairs

The gist: HB 1110 seeks to protect Hoosiers from PFAS chemicals by requiring Indiana's Department of Environmental Management (IDEM) to set a maximum levels of PFAS contamination allowed in wastewater and to limit the amount of PFAS-contaminated wastewater a "discharger" can release. It also offers measures to help Hoosiers hold accountable polluters who violate those standards.

HEC’s analysis: Significant research and stakeholder consultation went into the development of HB 1110, which seeks to ensure the safety of our waterways, aid our water utilities, and provide right-to-know options for receivers of PFAS-contaminated water or biosolids. The bill focuses on direct and indirect dischargers of industrial wastewater contaminated with a wide variety of PFAS chemicals, with the following objectives:

Use National Pollutant Discharge Elimination System permits to limit PFAS discharge into waterways and track sources.
Provide financial support for PFAS-affected entities like water utilities, provide for right-to-know testing, and grant funding to test, remediate and do technical upgrades supporting volunteer fire departments and communities.
Establish a route for citizen suits against entities violating those permits.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

HB 1110: Limiting PFAS chemicals in wastewater

support

HB 1137: Ultraprocessed foods and beverages in school nutrition

Authored by: Representative Julie McGuire Referred to: House Committee on Education

The gist: Using language from the "Make Our Children Healthy Again" report, HB 1137 proposes to prevent "ultra-processed food or beverages" from being sold on school days at any school that participates in a federally funded or assisted meal program for students; it also requires these schools to post their breakfast and lunch menus online, along with a list of menu item ingredients.

HEC’s analysis: HB 1137 aims to improve children’s health by preventing ultra-processed foods and beverages from being served and sold on school property during school hours. The bill defines "ultra-processed foods" as those containing a specified list of ingredients within the bill, largely consisting of added preservatives and food dyes; exceptions are provided for events that occur at least 30 minutes after the school day ends. The bill would not prohibit parents from sending children to school with foods that contain those ingredients for their own consumption.

Under HB 1137, all schools that receive federal funding for meal programs would be required to publish menus and ingredients for all breakfast and lunch items on the school's website.

The bill targets the following ingredients:

Potassium Bromate
Propylparaben
Butylated hydroxyanisole
Butylated hydroxytoluene
Titanium dioxide
Tert-butylhydroquinone
Azodicarbonamide
Blue dye 1
Blue dye 2
Green dye 3
Red dye 3
Red dye 40
Yellow dye 5
Yellow dye 6

The bill does not provide a timeline for schools' compliance (the bill does specify 2027-2028 school year as target year for implementation) or offer much implementation support. In addition, some of its provisions differ from FDA regulations governing school lunch programs.

Improving the food environment in schools is an important step to ensuring children have access to safe, healthy, and affordable food. Removing foods that do not greatly contribute to a healthy diet is a part of that process; however, ensuring there are adequate replacements and alternatives is an equally, if not more, important factor in improving the food environment - and requires resources and proper funding. We will be watching closely to see if other ingredients are added to the list of ultra-processed foods and stay alert to any changes that may add funding for an improved food environment as well.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

HB 1137: Ultraprocessed foods and beverages in school nutrition

support

HB 1204 & HB 1265: Natural Resource Entrance Fees

Authored by: Representative Dave Hall; Representative Tim Yocum Referred to: Committee on Natural Resources

The gist: Both bills allow counties to impose an added surcharge to state parks and recreation areas ($1 for HB 1204 and $2 for HB 1265) to fund first responders and infrastructure.

HEC's Analysis: HB 1204 and HB 1265 both allow a county to impose an added charge to entrance fees collected at the gate of a state park or recreation area within that county. HB 1204 (Rep. Hall) sets the allowable surcharge at $1, and HB 1265 (Rep Yocum) allows a $2 surcharge. The purpose is to use the extra funds to pay for first responders and infrastructure improvements within the county.

To access the full text of HB 1204, click here. To see the latest actions on this bill, click here.

To access the full text of HB 1265, click here. To see the latest actions on this bill, click here.

HB 1204 & HB 1265: Natural Resource Entrance Fees

support

HB 1231: Battery Recycling

Authored by: Representative Doug Miller Referred to: House Environmental Affairs Committee

The gist: HB 1231 creates a battery stewardship plan that shifts the responsibility of battery recycling onto battery producers and retailers instead of the consumer.

HEC’s Analysis: HB 1231 would establish a battery stewardship plan to be administered by the DNR and funded through a fee that battery producers and retailers pay. The bill would prohibit a retailer from selling or distributing a covered battery if they're not part of the plan, and shifts the burden of battery recycling onto producers and sellers of medium sized batteries, such as cars batteries, and away from consumers.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

following

HB 1239: Protecting Public Health from PFAS

Authored by: Representative Ryan Dvorak Referred to: House Committee on Environmental Affairs

The gist: HB 1239 could be useful in limiting some harmful PFAS chemicals in public water systems, but HEC believes an approach targeting PFAS "dischargers," like the one outlined in HB 1110, is stronger.

HEC's analysis: If enacted, HB 1239 would require the Indiana State Department of Health to establish maximum contaminant levels for PFAS in public water systems that would be protective of public health (particularly the health of vulnerable subpopulations). The bill also stipulates that Indiana's maximum allowable PFAS levels cannot be less stringent than levels set by the federal Environmental Protection Agency. Its definition of PFAS is fairly expansive, which could be useful in the control of some of these harmful chemicals, but our preference is still to see legislation targeting PFAS dischargers (as laid out in HB 1110) enacted.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

HB 1239: Protecting Public Health from PFAS

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HB 1297: Balancing economic development and water supply

Authored by: Representative Alex Burton Referred to: House Committee on Utilities, Energy, and Telecommunications

The gist: HB 1297 seeks to balance concerns over Hoosiers' water supply with the economic development efforts of the state and local governments.

HEC's analysis: If enacted, HB 1297 will prohibit the Indiana Finance Authority, the Indiana Economic Development Corporation, and local governments from approving bids, job creation incentives or financing for a proposed economic development project that includes construction or establishment of a facility that will use at least 500,000 gallons of water per day of standard operations ("a Water Intensive Facility) unless the following requirements are met:

Notice of the project is provided to the supplying water utility.
The water utility has a plan to meet the facility's water demands.
The water utility's plan can meet the facility's demand and the facility covers the incremental costs of supplying the water.

HB 1297 is another welcome bill from Representative Burton.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

HB 1297: Balancing economic development and water supply

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HB 1321: Prohibition on use of certain food additives

Authored by: Representative Ragen Hatcher Referred to: House Committee on Public Health

The gist: HB 1321 is one of several bills introduced this session aimed at reducing or eliminating certain additives and dyes in our food.

HEC's analysis: HB 1321 seeks to prevent the sale of foods in Indiana that contain any of the following:

Blue 1
Blue 2
Green 3
Red 3
Red 40
Yellow 5
Yellow 6
Potassium bromate

Potassium bromate is an additive that improves gluten structure and increases rising in processed doughs; its consumption has been linked to kidney damage and kidney cancer. Use of potassium bromate is banned many countries around the globe, including Canada, India, China, European Union nations, and more. The FDA has not banned its use in the U.S., but has set so-called "allowable limits" (the standard FDA mechanism for dealing with potentially harmful additives), and its overall use has been declining. California has enacted a ban on the use of potassium bromate that goes into effect in 2027.

Food dyes such as those targeted by this bill have been linked to potential allergic reactions and potential behavioral issues in some children.

Hoosier Environmental Council is neutral on HB 1321. HB 1137 similarly addressed additives in foods sold on many school premises during school hours, but the list of prohibited ingredients between the two bills do not fully align. HB 1321 fails to lay out a timeline for the proposed prohibitions to take effect.

With so many unknowns at the federal level around food additive changes, inconsistencies amongst the banned substance lists in different pieces of legislation, and lack of clarity around implementation, we are watching to see how or if lawmakers will attempt to reconcile the bills' provisions.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

HB 1321: Prohibition on use of certain food additives

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HB 1376: Prohibited food additives

Authored by: Representative Zach Payne Referred to: House Committee on Public Health

The gist: HB 1376 is one of several bills introduced this session targeting the use of certain food and beverage additives and dyes.

HEC's analysis: This bill seeks to prohibit the sale and manufacture of foods in Indiana that contain the following additives:

Butylated hydroxyanisole
Butylated hydroxytoluene
Titanium dioxide
Red 40
Yellow 5
Yellow 6

Red 40, yellow 5, and yellow 6 are food dyes have been linked to potential allergic reactions and behavioral issues in some children. Titanium dioxide is a white pigment that enhances the appearance of certain foods (such as milk, coffee creamer, sauces, and more) and protect products from sun damage. The FDA limits its use to no more than 1% of a product but does not require it to be listed by its chemical name on food labels, so it often appears simply as "artificial color added” or “artificial colors.” Use of titanium dioxide was banned in Europe in 2021 after scientists could not rule out safety concerns, though there is debate over that finding.

Butylated hydroxyanisole (BHA) and butylated hydroxytoluene (BHT) are antioxidants used in foods such as cereals, sweets, butter, lard, preserved meats, dehydrated foods, and more. The antioxidant properties of BHA and BHT are protective of the fats in these foods as they are exposed to oxygen to improve preservation and shelf life. The foods using BHT and BHA would largely be characterized as ultra-processed foods which are recommended to be limited in a well-balanced diet to improve and maintain health. There are some potential health concerns surrounding these ingredients including endocrine disruption, possible carcinogenicity, lung and skin irritation, and more. The studies on these health risks are largely based on animal studies or larger quantities of the additives than are allowed by the FDA.

Hoosier Environmental Council is neutral on HB 1376. HB 1137 similarly addressed additives in foods sold on many school premises during school hours, and HB 1321 is also a list of prohibited substance for sale in Indiana, but the list of prohibited ingredients between these bills do not fully align. Like the other food additive bills this session, HB 1376 lacks language around a timeline on when the prohibition would go into effect. With so many unknowns at the federal level around food additive changes, inconsistencies amongst the banned substance list between the legislation, and lack of clarity around implementation, HEC is watching to see how or if lawmakers attempt to reconcile the bills' provisions.

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

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HB 1424: Deregulating farm and homestead food sales

Authored by: Representative Hunter Smith Referred to: House Committee on Public Health

The gist: HB 1424 seeks to prevent the Indiana Department of Health (IDOH), local health departments and local units of government, and the Health and Hospital Corporation of Marion County from imposing any rules or regulations on small farm or homestead vendors that are not required by federal law.

The bill provides that the Indiana Department of Health (IDOH), a local unit of government, the Health and Hospital Corporation of Marion County, or a local health department may not impose any rules, regulations, certifications, or licensing requirements on a small farm or homestead vendor that are not required under federal law. The bill also permits homestead vendors and small farms to sell various meat products and food. This bill exempts public buildings used by small farms and homestead vendors from certain public building regulations.

HEC’s analysis: This bill seeks to continue Indiana's deregulation of the "cottage food" industry. It defines anyone who prepares and sells food products from their own property and has gross sales of less than $1.5M per year as a "homestead vendor." It defines a "small farm" as as land used for producing crops or livestock with less than $1.5M in gross sales per year of livestock or crop-related products. Around 90% of Indiana farms could meet the bill's definition of a "small farm."

Currently, home based vendors are exempt from regulations regarding sanitary requirements for food establishments under IC 16-42-5. This bill expands those exemptions to any entity included in the bill’s definition of a “homestead vendor” or “small farm." It also exempts homestead vendors and small farms from the food handler regulations under IC 16-42-5.2 (e.g. "ServSafe" requirements) and from IDOH inspections in the instance of a complaint, or if IDOH believes a health hazard exists. 

To access the full text of this bill, click here. To see the latest actions on this bill, click here.

HB 1424: Deregulating farm and homestead food sales

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