The Anti-Environmental Bill, HB 1100

Paralyzing State Agency Action

Under the executive branch, Indiana’s state agencies have experience in interpreting and enforcing Indiana’s laws. HB 1100 would significantly limit our state agencies’ ability to adopt timely and appropriate state standards to protect public health and the environment.

At its core, HB 1100:

  • Adds new burdens for agencies in adopting and renewing their administrative rules
  • Expands legislative involvement in the executive branch role in implementing state laws
  • Includes “no more stringent than” language that would prevent the state from adopting rules that are more stringent than corresponding federal rules

HB 1100 is astonishingly far-reaching with the potential to constrain all state administrative agencies, boards and commissions. This would no doubt limit executive branch authority to shape public policy on a variety of fronts and would require a part-time, citizen-led legislature to micro-manage state public policy on a vast scale. On the environmental front, limiting the authority of state agencies that play such a vital role in protecting public health, disadvantaged populations, and our environment is of particular concern.

“No More Stringent Than”

The term “no more stringent than” is not defined in the bill. This means there will be conflicting interpretations of how and when this restriction applies. 

In many cases, federal regulations grant discretion to state agencies to craft state-specific rules. So, in instances where Indiana has been granted this discretion, it will be difficult if not impossible to determine which rule is “more stringent”.   

Here are three environmental examples: 

  • Narrative Standards: One example is Indiana’s water quality standards – which include both numeric and narrative water quality criteria, and together provide the foundation for the protection of Indiana’s rivers and lakes.
  • Designated Uses: Designated uses for waterways which are the uses that the waterbody should support and are established by IDEM. These designations are Indiana specific, and best decided by Hoosiers and our state officials. 
  • Storm water Pollution Plans: Storm water pollution prevention plans are also based on narrative criteria and Indiana-specific best practices for controlling storm water pollution.   
A Timeline of House Bill 1100 Thus Far
The Right way Forward
Another administrative rulemaking bill – SB 264 – has passed the Senate and is awaiting committee assignment in the House. SB 264 was amended in committee to provide for creation of an administrative rules review task force to consider various state rulemaking processes and compare Indiana’s approach to other states. Instead of making hasty, ill-advised substantive rulemaking changes as proposed in HB 1100, it would be more prudent for legislators to proceed with a task force that provides a more comprehensive, deliberate review of rulemaking practices in Indiana.

TAKE ACTION NOW (as of 2/8/2022)

  • Contact your state senator: Encourage your state senator to oppose HB 1100, and to convey their opposition to Senator Chip Perfect (R-Lawrenceburg), Chairman of the Committee on Commerce and Technology
  • Spread the word: Share the threats to Indiana this bill poses with your family, friends, neighbors, and congregations. In addition to this page, HEC has created the below graphics to help you get the word out. Download them or share our Instagram post to help raise awareness about this damaging bill. Be sure to use the hashtags #ProtectIN #RedTape #NoToHB1100 

Agency Oversight and Rulemaking Procedures

What impact would HB 1100 have?


Paralyzing state agency action

Indiana is granted considerable responsibility by the US Environmental Protection Agency to implement air and water quality plans as well as clean-up programs. The language of HB 1100 could paralyze IDEM in implementing such plans & programs — for fear that the agency would be sued.