Indiana HB 1389: Local regulation.

Bill Text

*EH1389.2*
Reprinted
April 15, 2025
ENGROSSED
HOUSE BILL No. 1389
_____
DIGEST OF HB 1389 (Updated April 14, 2025 9:05 pm - DI 92)
Citations Affected: IC 36-1; IC 36-7.
Synopsis: Local regulation. Prohibits, subject to specified exceptions,
a county, municipality, township, or neighborhood or homeowners
association from adopting or enforcing an ordinance, order, regulation,
resolution, policy, or similar measure that: (1) prohibits or restricts the
use, sale, or lease of a motor vehicle or outdoor equipment; (2)
distinguishes between motor vehicles or outdoor equipment; or (3)
results in differing regulatory standards for motor vehicles or outdoor
equipment; based on the fuel source that powers the motor vehicle or
outdoor equipment. Requires political subdivisions located within five
miles of the end of a runway of a publicly owned, public use airport to
adopt an airspace overlay zoning ordinance.
Effective: Upon passage; July 1, 2025.
Pressel, Haggard
(SENATE SPONSORS — DORIOT, BOHACEK, ROGERS)
January 13, 2025, read first time and referred to Committee on Roads and Transportation.
February 10, 2025, amended, reported — Do Pass.
February 13, 2025, read second time, ordered engrossed.
February 14, 2025, engrossed.
February 17, 2025, read third time, passed. Yeas 90, nays 6.
SENATE ACTION
March 3, 2025, read first time and referred to Committee on Homeland Security and
Transportation.
March 27, 2025, amended, reported favorably — Do Pass.
April 3, 2025, read second time, ordered engrossed. Engrossed.
April 10, 2025, returned to second reading.
April 14, 2025, re-read second time, amended, ordered engrossed.
EH 1389—LS 7003/DI 119

Reprinted
April 15, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
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 2024 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1389
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 36-1-3-15 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 15. (a) This section does not apply to an
4 ordinance, rule, regulation, resolution, policy, or other similar
5 measure adopted before May 2, 2025.
6 (b) The following definitions apply throughout this section:
7 (1) "Motor vehicle" means a vehicle that is:
8 (A) self-propelled;
9 (B) designed for transporting people or property on a
10 street or highway; and
11 (C) certified by the vehicle's maker under all applicable
12 federal safety and emissions standards and requirements
13 for distribution and sale in the United States.
14 (2) "Outdoor equipment" means a mechanical device that:
15 (A) is powered by a motor;
16 (B) is designed to be used outdoors for the purpose of
17 facilitating or assisting in the performance of tasks
EH 1389—LS 7003/DI 119

2
1 associated with:
2 (i) home or lawn maintenance; or
3 (ii) construction; and
4 (C) if self-propelled, is not permitted under IC 9 to be
5 driven or operated on an interstate highway.
6 The term includes lawn mowers, powered lawn trimmers, and
7 leaf blowers.
8 (c) Except as provided in subsections (d) and (e), a unit,
9 neighborhood association, or homeowners association may not
10 adopt an ordinance, order, regulation, resolution, policy, or similar
11 measure that:
12 (1) prohibits or restricts the use, sale, or lease of a motor
13 vehicle or outdoor equipment;
14 (2) distinguishes between motor vehicles or outdoor
15 equipment; or
16 (3) results in differing regulatory standards for motor vehicles
17 or outdoor equipment;
18 based on the fuel source that powers the motor vehicle or outdoor
19 equipment.
20 (d) This section does not limit the authority of a unit to adopt an
21 ordinance, order, regulation, resolution, policy, or other similar
22 measure that applies only to a motor vehicle or outdoor equipment
23 that:
24 (1) is owned by the unit; and
25 (2) is:
26 (A) included in Indiana's state implementation plan for; or
27 (B) otherwise necessary for compliance with;
28 the federal Clean Air Act (42 U.S.C. Section 7401 et seq.).
29 (e) This section does not limit the authority of a unit to adopt an
30 ordinance, order, regulation, resolution, policy, or other similar
31 measure tha