HB 1100 — Agency oversight and rulemaking procedures — would limit Indiana state agencies’ ability to adopt timely and appropriate state standards to protect public health and the environment. Besides adding new burdens for agencies in adopting and renewing their administrative rules, and expanding legislative involvement in the executive branch role in implementing state laws, the bill also includes “no more stringent than” language that would prevent the state from adopting any rules that are more stringent than corresponding federal rules. This would eliminate our agencies’ ability to craft environmental protection rules, for example, that are tailored to Indiana conditions and threats, or that fill in gaps where federal rules are silent.
HEC and our allies have opposed “no more stringent than” policies for many years. In 2016, the General Assembly amended IDEM’s rulemaking procedures to require notice to the legislature any time the agency was proposing more stringent rules, and delay effectiveness for a limited time period while the legislature reviewed these rulemaking notices. However, this legislation did not prohibit state rules that were more stringent than federal rules. HB 1100, in contrast, directly prohibits more stringent Indiana rules, without defining the term or providing any flexibility to Indiana agencies to address Indiana-specific concerns and needs.
For additional information and updates on HB 1100, visit our dedicated HB 1100 page.
HB 1100 passed the House, but it was denied a vote in the Senate Commerce and Technology Committee. Thank you for your calls and emails.
While HB 1100 died in the Senate, language from the bill reappeared and was passed as a part of HB 1211. HB 1211 now includes:
- The requirement to update rules every 4 years (rather than every 7 years)
- The requirement that all emergency rules need to be vetted by the Attorney General
Update, March 16th: Thanks to your calls and emails, HEC’s efforts, those of our partners’, and the Holcomb Administration’s own efforts, Governor Eric Holcomb vetoed HB 1211! Please thank the Governor for his foresight at firstname.lastname@example.org.