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Bill Summary · HB 1389

Summary of House Bill 1389: Local Regulation

Bill Number: HB 1389
Title: Local Regulation
Status: CCR #1 filed in the Senate
Introduced: January 13, 2025
Effective Date: Upon passage; July 1, 2025

Purpose and Intent

House Bill 1389 aims to standardize regulations concerning the use, sale, and lease of motor vehicles and outdoor equipment across local jurisdictions in Indiana. The bill seeks to prevent counties, municipalities, townships, and homeowners associations from enacting ordinances that discriminate against vehicles or equipment based on their fuel source. Additionally, it mandates specific zoning regulations for areas near public airports to ensure compatible land use.

Key Provisions

  1. Prohibition of Discriminatory Regulations:

    • Local governments are prohibited from adopting measures that:
      • Restrict the use, sale, or lease of motor vehicles or outdoor equipment.
      • Differentiate between types of motor vehicles or outdoor equipment.
      • Establish varying regulatory standards based on the fuel source (e.g., gasoline, electricity, biofuels).

  2. Exceptions:

    • Local units may still regulate vehicles or equipment owned by them if necessary for compliance with the federal Clean Air Act.
    • Local governments can promote the use of alternative fuel sources without directly prohibiting other fuel types.

  3. Airspace Overlay Zoning Ordinance:

    • Political subdivisions within five miles of a publicly owned airport must adopt an airspace overlay zoning ordinance by July 1, 2027.
    • The ordinance must align with FAA guidelines to ensure land use compatibility with airport operations.

Affected Parties

  • Local Governments: Counties, municipalities, townships, and homeowners associations will need to adjust their regulations to comply with this bill.
  • Residents and Businesses: Individuals and businesses that use, sell, or lease motor vehicles and outdoor equipment will benefit from uniform regulations.
  • Airport Authorities: Airports and surrounding political subdivisions will need to collaborate on zoning ordinances to protect airspace.

Procedural Timeline

  • January 13, 2025: Bill introduced and referred to the Committee on Roads and Transportation.
  • February 10, 2025: Amended and reported favorably.
  • February 17, 2025: Passed in the House with a vote of 90-6.
  • March 3, 2025: Referred to the Senate Committee on Homeland Security and Transportation.
  • April 14, 2025: Amended and ordered engrossed in the Senate.
  • April 24, 2025: Conference Committee Report #1 filed in the Senate.

Conclusion

House Bill 1389 represents a significant shift in local regulatory authority regarding motor vehicles and outdoor equipment, promoting uniformity across Indiana. By limiting local governments' ability to impose discriminatory regulations based on fuel sources, the bill aims to facilitate a more equitable environment for vehicle and equipment usage while ensuring necessary zoning protections near airports.

Compiled from official sources — confirm details with the bill’s official record.

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