ACEC Government Affairs Weekly Update for January 29, 2021 An aggressive legislative committee schedule this week was aimed at making up for the time lost due to last week's total shutdown of legislative activity. Earlier than in a "normal" year, the House Ways and Means Committee took up the Governor's budget proposal and began hearing from agency heads about their budget requests. Bills providing various entities civil immunity from COVID-related claims are both moving through the process. Roughly 1000 bills were introduced before the filing deadline. That number is less than "normal" for a long/budget-writing session. But then, little about this session is "normal."

ACEC Indiana’s bill tracking list is here to view the bills discussed below and all the others that we are monitoring.

ACTION NEEDED ON ACEC INDIANA’S BILL SB 304, Indemnity Agreements In Public Works Contacts, authored by Sen. (R - Jasper) – SUPPORT! This bill was introduced on behalf of ACEC Indiana and AIA Indiana and will be heard on Wednesday, Feb. 3rd in Senate Judiciary Committee at 1:30pm. See talking points here. It is linked to the “duty to defend” law passed in 2019 on behalf of ACEC Indiana and AIA Indiana.

How you can help: Please send an email or call and ask them to SUPPORT SB 304, Indemnity Agreements in Public Works when it is heard in Senate Judiciary Committee on Weds! If others in your firm know the committee members, or if you have an office or project in their district, please reach out to them for support.

Most of the Senate Judiciary members supported our original bill in 2019 (SEA 230) so we hope that they will support this “clean up” bill now. Here is how they voted: Chair, Sen. -supported Sen. -supported Sen. Mike Bohacek-opposed Sen. James Buck-supported Sen. Aaron Freeman-supported Sen. Mike Gaskill-supported Sen. Susan Glick-supported Sen. Michael Young-excused/absent so don’t know his position yet Sen. -supported Sen. -opposed Sen. -supported

Here is the Senate Judiciary Committee Roster with their email and phone numbers: http://iga.in.gov/legislative/2021/committees/judiciary_4200

ACTION NEEDED ON HB 1116 PIPE MATERIALS MANDATE HB 1116 Pipe Materials Mandate-OPPOSED by ACEC Indiana. Authored by Rep. Miller (R-Elkhart) who also serves as the Chairman of the Government & Regulatory Reform Committee where the bill is assigned for action. We anticipate that it will receive a hearing during the week of Feb. 8th, so help is needed now to share opposition to it with the other legislators who serve on the House Government & Regulatory Reform committee. See talking points here. Quick summary: The bill seeks to legislate the criteria engineers use in determining the most appropriate materials to be used on a project. This same bill was also considered in previous sessions with language requiring the consideration of a specific type of piping, PVC. ACEC Indiana opposes this measure because it imposes arbitrary and unnecessary specification requirements, seeks to solve a non-existent problem, and is a thinly veiled effort to promote a product. The bill would set a terrible precedent if it were to pass. HB 1116 is being pushed by Indiana Builders Association (home builders) and the American Chemistry Council.

UPDATE ON PRIORITY BILLS FROM LAST WEEK’S REPORT:

SB 207 Highway Finances/MVH Formula-OPPOSED by BIC. Authored by Senator Doriot (R-Syracuse), passed Senate Appropriations Committee 11-2 and is eligible for amendment in the full Senate on Monday (2nd reading.) The bill increases the distribution formula from 50%/50% for capital projects vs. operations to 60% operations/40% capital projects, under certain conditions (i.e. Wheel Tax adoption) for two-years. Proponents are attempting to remove the requirement to have Wheel Tax in place. See talking points here.

SB 348 Wastewater Task Force, authored by Senator Eric Koch (R-Bedford) created to develop a long term plan to address wastewater needs in Indiana, like was done for Drinking Water in 2019. Marty Wessler, Wessler Engineering, testified in support of the bill on behalf of ACEC Indiana, and it passed 9-1. ACEC Indiana supports.

SB 389 Repeals State Regulated Wetlands Law, authored by Senator Chris Garten (R-Charlestown). In the hearing, IDEM and IDNR gave extensive testimony about its concerns of deregulating protection for Indiana’s isolated wetlands, but it passed Senate Environment Committee 8-3. Senator Tallian (D-Portage) offered an amendment on 2nd reading to turn it into a study committee, but that failed 19-29. The bill has a long list of Senate co-authors and is now on 3rd reading.

HB 1191 Local Unit Power to Prohibit Utility Connection, authored by Rep. Jim Pressel (R-Rolling Prairie) received a significant amendment in the House Utilities Committee hearing that impacts local government and some universities on the design standards dealing with energy efficiency. It includes a 10-year payback period on the equipment. This bill is narrower than HB 1114 which preempts the regulation of design elements on residential structures, but shares similarity of concept so ACEC Indiana will continue to monitor both.

HB 1287 Water or Wastewater Service for Underserved Areas, authored by Rep. Jim Pressel, passed House Utilities Committee 13-0 and is on 2nd reading. ACEC Indiana supports.

MONITORED BILLS THAT WILL BE HEARD IN COMMITTEE NEXT WEEK HB 1114 Local Building Standards, authored by Rep. Doug Miller (R-Elkhart), who also serves as Chairman of the House Government and Regulatory Reform Committee. Prohibits local government from enforcing residential design standards. Hearing set for Feb. 2nd at 8:30am.

HB 1436 Admin Proceedings/Floodway Permits, authored by Rep. Jeffrey Thompson (R-Lizton), would require IDNR to issue permits for construction in the Floodway under certain circumstances. Hearing set for Feb. 2nd in House Judiciary Committee at 11:30am.

HB 1466 Performance Bonds for Developers, authored by Rep. Pressel requires local government to issue secondary plat approval to developer who provides a performance bond to cover certain unfinished work, including streets, sanitary or storm water piping systems, water mains, sidewalks, ornamental landscaping and erosion control. Hearing set for Feb. 3rd in House Local Government Committee at noon. ACEC Indiana opposes.

SB 38 Surveying/Adverse Possession, authored by Senator Blake Doriot (R-Syracuse) changes the statute of limitations and more. Hearing set for Feb. 3rd in Senate Judiciary at 1:30pm. ISPLS supports.

Look for update next week which will likely include several more bills of interest to your firm.