SB 425 IN

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Became Law

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. 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.)

• Eric Koch Republican · author
• Stacey Donato Republican · author
• Edmond Soliday Republican · sponsor

1. Jan 13, 2025 Authored by Senator Koch · upper
2. Jan 13, 2025 First reading: referred to Committee on Utilities · upper
3. Feb 13, 2025 Committee report: amend do pass, adopted · upper
4. Feb 13, 2025 Senator Donato added as second author · upper
5. Feb 17, 2025 Second reading: ordered engrossed · upper
6. Feb 17, 2025 Senator Schmitt added as coauthor · upper
7. Feb 21, 2025 Referred to the House · upper
8. Feb 20, 2025 Third reading: passed; Roll Call 194: yeas 37, nays 12 · upper
9. Feb 20, 2025 House sponsor: Representative Soliday · upper
10. Mar 3, 2025 First reading: referred to Committee on Utilities, Energy and Telecommunications · lower
11. Apr 8, 2025 Committee report: amend do pass, adopted · lower
12. Apr 14, 2025 Amendment #5 (Culp) prevailed; voice vote · lower
13. Apr 14, 2025 Second reading: amended, ordered engrossed · lower
14. Apr 14, 2025 Amendment #3 (Pierce M) failed; Roll Call 438: yeas 27, nays 68 · lower
15. Apr 14, 2025 Amendment #2 (Burton) failed; voice vote · lower
16. Apr 15, 2025 Third reading: passed; Roll Call 450: yeas 57, nays 40 · lower
17. Apr 16, 2025 Motion to concur filed · upper
18. Apr 16, 2025 Returned to the Senate with amendments · lower
19. Apr 17, 2025 House advisors appointed: Shonkwiler, Culp, Pressel and Burton · lower
20. Apr 17, 2025 Motion to dissent filed · upper
21. Apr 17, 2025 Senate dissented from House amendments · upper
22. Apr 17, 2025 House conferees appointed: Soliday and Pierce M · lower
23. Apr 17, 2025 Concurrence withdrawn · upper
24. Apr 21, 2025 Senate advisors appointed: Spencer and Donato · upper
25. Apr 21, 2025 Senate conferees appointed: Koch and Hunley · upper
26. Apr 22, 2025 Senator Schmitt removed as coauthor · upper
27. Apr 23, 2025 Senator Hunley removed as conferee · upper
28. Apr 23, 2025 CCR # 1 filed in the House · lower
29. Apr 23, 2025 CCR # 1 filed in the Senate · upper
30. Apr 23, 2025 Representative Pierce M removed as conferee · lower
31. Apr 23, 2025 Representative Pressel added as conferee · lower
32. Apr 23, 2025 Representative Pressel removed as advisor · lower
33. Apr 23, 2025 Senator Donato added as conferee · upper
34. Apr 23, 2025 Senator Donato removed as advisor · upper
35. Apr 24, 2025 Signed by the President Pro Tempore · upper
36. May 6, 2025 Public Law 202 · upper
37. May 6, 2025 Signed by the Governor · executive
38. Apr 29, 2025 Signed by the President of the Senate · upper
39. Apr 25, 2025 Signed by the Speaker · lower
40. Apr 24, 2025 Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 509: yeas 31, nays 19 · upper
41. Apr 24, 2025 Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 550: yeas 51, nays 40 · lower