Indiana HB 1333: Land use and development.

Bill Text

*HB1333.2*
January 27, 2026
HOUSE BILL No. 1333
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DIGEST OF HB 1333 (Updated January 27, 2026 10:21 am - DI 140)
Citations Affected: IC 5-1.2; IC 6-2.5; IC 8-1; IC 34-13; IC 36-7.
Synopsis: Land use and development. Requires a development that is
sited on land: (1) in an area zoned agricultural; and (2) comprised of
certain capability classes of soils; to be a permitted use. Extends
governmental immunity to a private entity or nonprofit entity that has
executed certain agreements under the Indiana brownfields program.
Provides that before a qualified data center user may use a specific
transaction award certificate issued after June 30, 2026, to purchase
qualified data center equipment eligible for the state gross retail tax
exemption, the qualified data center user and a local unit that issues
after June 30, 2026, a permit authorizing the development,
construction, or operation of the qualified data center in the unit shall
enter into a written agreement that includes a commitment by the
qualified data center user to contribute to the local unit an amount
equal to at least 1% of the amount of taxes that are not paid on each
purchase of qualified data center equipment that is made: (1) using the
specific transaction award certificate; and (2) during the duration of the
specific transaction award certificate. For purposes of the statute
concerning energy production zones: (1) redesignates the term "electric
generation facility" as "electric generation or storage facility"; and (2)
provides that the term includes a utility scale battery energy storage
(Continued next page)
Effective: July 1, 2026.
Culp, Pressel, Haggard
January 6, 2026, read first time and referred to Committee on Utilities, Energy and
Telecommunications.
January 20, 2026, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 126.3.
January 27, 2026, reported — Do Pass.
HB 1333—LS 7025/DI 87

Digest Continued
system (BESS). Provides that if a planned electric generation or storage
facility will include a BESS, the project owner must include in the
required statutory notice to the local planning authority: (1) the
emergency response plan required under the statute governing the
approval of a BESS by the department of homeland security
(department); and (2) documentation of the department's approval of
the BESS. Makes conforming changes. Allows a plan commission,
board of zoning appeals, or county or municipal legislative body (body)
to require a person to provide their name and address in writing in
order to speak at a public hearing regarding certain matters. Allows the
body's presiding officer to give consideration to whether a person is a
county resident or has an interest as an owner, lessor, lessee, or life
tenant in real property within the county in deciding: (1) the order of
speakers; and (2) the amount of time allotted to speakers; at a hearing.
HB 1333—LS 7025/DI 87HB 1333—LS 7025/DI 87

January 27, 2026
Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2025 Regular Session of the General Assembly.
HOUSE BILL No. 1333
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-1.2-12-4, AS AMENDED BY P.L.166-2021,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2026]: Sec. 4. (a) The authority shall do the following under
4 this chapter:
5 (1) Be responsible for the management of all aspects of the
6 Indiana brownfields program.
7 (2) Prepare and provide program information.
8 (3) Negotiate the negotiable aspects of each financial assistance
9 agreement.
10 (4) Sign each financial assistance agreement.
11 (5) Review each proposed project and financial assistance
12 agreement to determine if the project meets the credit, economic,
13 or fiscal criteria established by guidelines of the authority.
14 (6) Periodically inspect or cause to be inspected projects to
15 determine compliance with this chapter.
HB 1333—LS 7025/DI 87

2
1 (7) Conduct or cause to be conducted an evaluation concerning
2 the financial ability of a private individual or entity, nonprofit
3 entity, or political subdivision to:
4 (A) pay a loan or other financial assistance and other
5