All Roll Calls
Yes: 232 • No: 1
IndianaHB 1361Second Regular Session 124th General Assembly (2026)HouseWALLET
Fertilizer.
Sponsored By: Beau Baird (Republican)
Signed by Governor
environmental affairsthe senateagricultureappropriations
Your PRIA Score
Score Hidden
Personalized for You
How does this bill affect your finances?
Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.
Bill Overview
Analyzed Economic Effects
20 provisions identified: 0 benefits, 11 costs, 9 mixed.
Tighter design rules for manure storage
Starting July 1, 2026, processed‑manure storage must meet strict design standards. Earthen and tank storages need low‑permeability soils or liners, bottoms above bedrock and the high water table, and uncovered liquid storage must keep two feet of freeboard unless the state chemist approves another design. A registered professional must do soil work, and a registered professional engineer must certify the finished structure before use. Solid manure storage must be covered or have stormwater controls, and owners must inspect monthly and keep records. You must notify the state chemist before construction and file a notarized affidavit after completion; you may propose alternative designs if they protect the environment the same or better.
Stronger build rules for fertilizer containment
The law requires fluid fertilizer tanks to sit inside secondary containment with a base, perimeter wall, and a sloped floor. For uncovered areas, the containment must hold the largest tank, the displaced volume from other equipment, plus six inches of freeboard. Bases and earthen walls must be lined (concrete, steel, approved synthetic liner, or clay), and walls must handle a full hydrostatic head. Synthetic liners must be state‑approved, at least 30 mils thick, installed under manufacturer supervision, and field seams tested. Soil liners must meet strict permeability and thickness limits, and steel plate liners need state approval, corrosion protection, and watertight joints.
Licenses and fees for sellers and applicators
Beginning July 1, 2026, fertilizer for crops can only be sold by a business with a fertilizer license. Buyers must have a fertilizer business license, a commercial applicator license, or a private applicator certification. Filing costs are $45 for a business or commercial applicator license and $20 for a private applicator, waived if you already paid the matching pesticide fee; business and commercial licenses renew each January 1, and private certifications last to January 1 of the fifth year. Pay fees on time or owe a late penalty equal to 100% of the fee. The state chemist sets certification and training rules and fees, and program fees flow to Purdue University to run the programs (and may expire if Purdue’s annual report is not filed).
Limits on staging and field application
Starting July 1, 2026, do not stage inorganic fertilizer within 300 feet of surface water, drainage inlets, or wells, in standing water, a waterway, or a floodway, or for more than 72 hours unless covered or applied within 30 days. For organic fertilizer, keep 300 feet from those features unless covered or with a gradient barrier, avoid slopes over 6% unless run‑on/runoff is controlled, and do not stage in standing water, waterways, or floodways. If held more than 72 hours, protect it with a cover or gradient barrier, apply within 120 days, and keep 100 feet from property lines and public roads and 400 feet from homes. On frozen or snow‑covered ground, do not apply unmanipulated organic fertilizer within 200 feet of surface water or inside a floodway, do not exceed 50% of the agronomic rate, and avoid slopes over 2% unless at least 40% residue or a cover crop exists; injection or same‑day incorporation is an exception. Do not apply unmanipulated organic fertilizer on highly erodible land unless there is at least 40% crop residue or a cover crop.
Manure fertilizer: register and pay fees
Beginning July 1, 2026, bulk manure‑based fertilizer with a guaranteed analysis is covered when total nitrogen is under 5% and N+P2O5+K2O is under 10%. The guarantor must register each brand and grade before distribution, pay $20 per year, and pay a 100% late fee if renewing after July 31 or selling before registering. At delivery, give the buyer a written guaranteed analysis. If you sell to non‑registrants, you owe an inspection fee each reporting period: $100 (0–1,250 tons), $500 (>1,250–5,000 tons), or $1,000 (>5,000 tons), with sales among registrants and similar parties exempt. The state chemist can set more rules and fees, cancel registrations for fraud after notice and hearing, and violators face civil penalties or a Class A misdemeanor (the offense is indexed in the criminal code).
Manure storage: plans, spills, and records
Beginning July 1, 2026, owners of processed‑manure storage structures must keep a full operating record on site for the permit term or the life of the facility. You must have an emergency response plan and use it for any release. If manure reaches state waters, you must notify IDEM within 2 hours and alert downstream water users within 10 miles and affected property owners for soil spills. When decommissioning, follow NRCS Code 360 where it applies, remove appurtenances, notify IDEM, and send a closure certification within 30 days.
New labels for added nutrients and mixes
Beginning July 1, 2026, any added plant nutrient on a label must be registered and guaranteed by element, and the source must be listed. Minimum guaranteed percentages apply to listed elements. Fertilizers that include pesticides must be separately registered and labeled to name the target crops and warn about crop injury from other uses. The state chemist may also set maximum total nutrient content for mixed liquid lawn fertilizers.
Stricter storage rules for fertilizer
Beginning July 1, 2026, storing fluid fertilizer in underground or lined pit containers is banned. Limited exceptions include temporary watertight catch basins, 316 or 317 stainless steel tanks, or a state‑chemist‑approved container inside an approved liner with groundwater monitoring. Tile drainage is not allowed within or under secondary containment.
Tighter rules for loading and storage
Loading areas for fluid fertilizer must be paved and curbed (at least 10 feet by 20 feet) and hold at least 750 gallons. Containment areas cannot have relief outlets; liquids must be pumped out promptly. Dry bulk fertilizer stored indoors must be in a sound, covered structure with an impervious base; outdoor storage is limited to 30 days and must be covered. You must keep containment areas maintained and free of debris and report your facility details and capacities to the state chemist each year. Tanks deemed abandoned (over 6 months for leaks or 2 years unused) must be cleaned and removed or made safe, with records kept.
Who must follow new fertilizer rules
Beginning July 1, 2026, the law covers three groups: people who apply fertilizer for hire, people who use organic fertilizer from confined feeding operations on crops, and those who distribute directly to them. You are exempt if you use or distribute under 10 cubic yards or under 4,000 gallons of that organic fertilizer per year, if biosolids meet 327 IAC 6.1, or if you sell inorganic fertilizer to retail facilities. The law also creates a shared definitions chapter and a new chapter with licensing, training, recordkeeping, fees, and enforcement for distributors and users.
Tougher enforcement and rule cleanup
From July 1, 2026, the state chemist can warn, cite, fine, suspend, or revoke registrations and refer cases for prosecution. Knowingly or intentionally breaking the fertilizer law is a Class A misdemeanor. The law ties the water‑rule definition of “fertilizer material” to the fertilizer code. It also voids certain Indiana Administrative Code rules and repeals old fertilizer sections to move to the new framework.
Quality checks, permits, and refunds for manure
Beginning July 1, 2026, registrants of manure‑based fertilizer must get a permit to report tonnage, file sworn reports twice a year, and pay inspection fees; late or unpaid fees owe a penalty of $50 or 10%, whichever is higher. The state chemist can sample and inspect, issue stop‑sale or hold orders, and seek court seizure of noncompliant products. When a lab result could lead to a penalty, the chemist must send it to the registrant first and allow 30 days to contest before sending it to buyers. If a product fails its guarantee, the purchaser gets a refund equal to the price paid minus the fertilizer’s value after testing. Each year, the state chemist publishes sales and lab results (without naming individual operations).
Licenses and supervision for applicators
Beginning July 1, 2026, fertilizer applied for hire on crops must be done by a licensed commercial applicator or a trained employee under a certified applicator. Organic fertilizer from confined feeding operations must be applied by a certified applicator or a trained employee under certified supervision. Anyone who applies or transports fertilizer for hire must meet certification rules and any extra safeguards the state chemist sets. A certified applicator may supervise up to 10 trained employees, must document training, provide a way to communicate, give spill instructions, and manage tasks.
How fines and enforcement work now
Beginning July 1, 2026, the law sets a fine schedule and caps daily fines for ongoing violations at 180 days and repetitive incidents at 180 incidents. Only violations from the past five years count toward your history, and only one penalty can apply to a single act (the highest listed one). The state chemist may reduce fines for good faith, cooperation, and quick fixes, but can deny reductions if you failed to pay a previously reduced fine. The state chemist may also seek court injunctions, and IDEM keeps its enforcement authority. Civil penalty money goes to Purdue’s program for fertilizer education.
Material limits and small‑tank options
Some metals cannot be used to build fertilizer tanks or parts. Copper, brass, zinc, and certain aluminum uses are restricted, and some products need special linings. For small tanks up to 3,000 gallons, you may use an elephant ring instead of a full dike, if it holds the tank plus displaced volume and six inches of freeboard and the wall is no taller than four feet. Very large on‑site tanks (100,000+ gallons) first used before July 6, 1991 can use approved alternatives to liners if you certify and file the method.
New planning and setback rules for applicators
Starting July 1, 2026, you must make a fertilizer application plan and follow it. Do not apply into surface water, on saturated ground, or from a public road. If you apply unmanipulated organic fertilizer, check soil and the 24‑hour forecast before applying, watch runoff during and right after, and stop and capture runoff if color, flow, or volume changes. Follow setbacks, including 500 feet from public water intakes and 25–200 feet from wells and waters based on the method. Keep sales and application records for two years; very small users (under 10 cubic yards or 4,000 gallons a year) are exempt.
Stricter storage rules for bulk fertilizer
Beginning July 1, 2026, bulk fertilizer storage must meet new container and secondary containment standards and use materials that resist leaks and corrosion. Containment for fertilizer must be separate, though adjoining walls may be shared; rain‑protected containment does not need the six‑inch freeboard. Pre‑1991 containment with at least 110% capacity is treated as compliant unless altered, in which case full rules apply within 90 days. The state chemist may approve alternative designs, and rail cars that are moved in and out are exempt from containment. The state chemist can inspect bulk storage and records during business hours.
Clear labels and ban on false fertilizer
Beginning July 1, 2026, each fertilizer package must show net weight and required label information. For bulk deliveries, the same statement must go with the load and be given to the buyer at delivery. Sellers may not add claims that conflict with required labels. It is illegal to distribute manure‑based fertilizer that is misbranded or adulterated, including false nutrient claims or harmful substances without warnings.
Exam, renewal, and training credits
Starting July 1, 2026, certification requires a written, closed‑book exam with at least 75% (unless changed by the state chemist). Certification stays valid through December 31 of the fourth year after you qualify. To renew, retake the exam, earn three continuing hours, or attend three recertification programs; only two credits count in any one year and none carry over. A renewed certificate lasts through December 31 of the fifth year after renewal. False or fraudulent renewal claims can erase credits and bring penalties. The state chemist must approve creditable training at least 21 days ahead; events must be open, include a regulatory topic, and avoid sales content.
State preempts most local fertilizer rules
Beginning July 1, 2026, local governments cannot regulate fertilizer storage or use by ordinance unless they get a waiver from the state chemist. The local body must pass a resolution and send evidence at least 14 days before a public hearing. The state chemist holds a hearing, may consult other agencies, cannot consider economic impact or odor, and must issue a written decision within 90 days.
Sponsors & Cosponsors
Sponsor
Beau Baird
Republican • House
Cosponsors
Brett Clark
Republican • Senate
Jean Leising
Republican • Senate
Lonnie Randolph
Democratic • Senate
Susan Glick
Republican • Senate
Roll Call Votes
House vote • 2/25/2026
Roll Call 382 on HB1361.04.COMS.CON01
Yes: 96 • No: 0
Senate vote • 2/24/2026
Roll Call 258 on HB1361.04.COMS
Yes: 46 • No: 1
House vote • 2/2/2026
Roll Call 185 on HB1361.02.COMH
Yes: 90 • No: 0 • Other: 4
Actions Timeline
Signed by the Governor
3/4/2026HousePublic Law 98
3/4/2026HouseSigned by the President Pro Tempore
2/27/2026SenateSigned by the Speaker
2/27/2026HouseSigned by the President of the Senate
2/27/2026SenateMotion to concur filed
2/25/2026HouseReturned to the House with amendments
2/25/2026SenateHouse concurred with Senate amendments; Roll Call 382: yeas 96, nays 0
2/25/2026HouseThird reading: passed; Roll Call 258: yeas 46, nays 1
2/24/2026SenateSecond reading: ordered engrossed
2/23/2026SenateSenator Randolph added as cosponsor
2/19/2026SenateCommittee report: amend do pass, adopted
2/19/2026SenateCommittee report: amend do pass adopted; reassigned to Committee on Appropriations
2/9/2026SenateFirst reading: referred to Committee on Agriculture
2/5/2026SenateReferred to the Senate
2/3/2026HouseSenate sponsors: Senators Glick, Leising, Clark
2/2/2026HouseThird reading: passed; Roll Call 185: yeas 90, nays 0
2/2/2026HouseSecond reading: ordered engrossed
1/27/2026HouseCommittee report: amend do pass, adopted
1/22/2026HouseAuthored by Representative Baird
1/8/2026HouseFirst reading: referred to Committee on Environmental Affairs
1/8/2026House
Bill Text
Enrolled House Bill (H)
House Bill (H)
House Bill (S)
Introduced House Bill (H)