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IMAA Successfully Negotiates Legislation for Construction in a Floodway Permits
IMAA Members can breathe a sigh of relief. In 2020, the IMAA Legislative Committee started the process of reversing a law established in 2015 that changed the lifespan of a “Construction in a Floodway” permit to two years instead of the duration of the project. The Legislative Committee helped identify Indiana legislators that would support and advocate for the change. In October, IMAA Executive Director Calvin Lee and Legislative Committee members met with the legislators individually via Zoom to introduce the aggregates industry and discuss the problematic law.
During the 2021 Indiana legislative session, HB 1496 was initiated on behalf of the aggregates industry to reverse the law that changed the life span of “Construction in a Floodway” permit from the life of the project to two years. The House Natural Resources Committee heard testimony prepared by a small group of IMAA members and delivered by IMAA’s Executive Director Calvin Lee. The committee agreed that the 2015 law was very problematic for the aggregates industry and passed the bill out of committee 11-0. The bill passed through both the House and Senate and was signed by Governor Holcomb on April 1.
By way of emergency declaration, the law went into effect immediately, and it is now time for IMAA members to take action to make sure their permits are current.
Act Now to Re-authorize Construction in a Floodway Permits
HB 1496 provides that a permit issued to a quarrying or aggregate company for excavation of certain industrial materials is valid for the duration of the permitted project subject to periodic compliance evaluations. The new law also provides that a permit issued on or before July 1, 2014, that remains active for a quarrying or aggregate company for excavation of certain industrial materials is valid for the duration of the permitted project subject to permit conditions and periodic evaluations, and requires the holder of the permit to notify the commission not later than January 1, 2022, if the permitted project is still active. Failure to notify the commission will cause the permit to expire.
You can review the full language of the bill on the Indiana General Assembly 2021 website under House Bill 1496.