Title 22, LABOR AND SAFETY

Sec. 1. (a) "Employment," subject to the other provisions of this section, means service, including service in interstate commerce performed for remuneration or under any contract of hire, written or oral, expressed or implied. (b) Services performed by an individual for remunera…

Sec. 2. The term "employment" shall include: (a) An individual's entire service performed within or both within and without Indiana if the service is localized in Indiana. (b) An individual's entire service performed within or both within and without Indiana if the service is not…

Sec. 3. "Employment" shall not include the following: (1) Except as provided in section 2(i) of this chapter, service performed prior to January 1, 1978, in the employ of this state, any other state, any town or city, or political subdivision, or any instrumentality of any of the…

Sec. 3.5. As used in this article, "employment" does not include an owner-operator that provides a motor vehicle and the services of a driver to a motor carrier under a written contract that is subject to IC 8-2.1-24-22, 45 IAC 16-1-13, or 49 CFR 376. As added by P.L.98-2005, SEC…

Sec. 3.6. (a) As used in this section, "drive away" has the meaning set forth in IC 9-20-9-1. (b) Except as provided in subsection (c), as used in this article, "employment" includes service performed by a driver who provides drive away operations when the services are being perf…

Sec. 4. (a) As used in this article, "seasonal employment" means services performed for a seasonal employer during the seasonal period in the employer's seasonal operations, after the effective date of a seasonal determination with respect to the seasonal employer. (b) As used in…

Sec. 5. For purposes of determining "employment" under this chapter, the following apply: (1) Individuals hired by a trustee to perform services in connection with the trust property, and who are paid from the funds of the trust, are considered in the employment of the trust, and…

Sec. 6. (a) This section does not apply with respect to any services performed by an individual for an employing unit: (1) if the periods for which the employing unit makes payments of remuneration to the individual vary to the extent that there is no period for which a payment o…

Sec. 1. As used in this chapter, "device" includes any acoustic, optical, mechanical, electronic, medical, or molecular device. As added by P.L.20-2020, SEC.1.

Sec. 1.5. As used in this chapter, "employer" means the state or any individual, partnership, association, limited liability company, corporation, business trust, or other governmental entity or political subdivision that has one (1) or more employees. As added by P.L.35-2021, SE…

Sec. 2. (a) Except as provided in subsection (c), an employer may not require an employee or prospective employee to take any of the following actions as a condition of employment, as a condition of employment in a particular position, or as a condition of receiving additional co…

Sec. 3. (a) An employee or prospective employee may bring a civil action against an employer to enforce section 2 of this chapter. (b) If an employer violates section 2 of this chapter, the court may do the following: (1) Award: (A) actual damages; and (B) court costs and reasona…

Sec. 4. This chapter does not limit an employee's or prospective employee's rights or remedies under any other state or federal law. As added by P.L.20-2020, SEC.1.

Sec. 0.1. The addition of this chapter by P.L.14-1994 affects final appealable orders issued by the commission on or after July 1, 1994. As added by P.L.220-2011, SEC.370.

Sec. 1. Either party to a dispute filed under IC 22-9 may, not more than thirty (30) days after the date of receipt of the commission's final appealable order, appeal to the court of appeals under the same terms, conditions, and standards that govern appeals in ordinary civil act…

Sec. 2. (a) The appealing party shall notify the commission in writing of the party's intent to appeal and shall request the commission to prepare a record of the commission's proceedings to be used to perfect an appeal. The record consists of the following documents used or pres…

Sec. 3. A person may file an appeal under this chapter only after exhausting all administrative remedies available within the agency whose action is being appealed. As added by P.L.14-1994, SEC.7.

Sec. 1. Each day that an infraction under this chapter occurs constitutes a separate infraction. As added by P.L.245-1987, SEC.1.

Sec. 2. A person who violates: (1) a rule adopted under this article, IC 22-13, IC 22-14, or IC 22-15; (2) a condition of a permit, certification, registration, release, authorization, variance, exemption, or other license issued under this article, IC 22-13, IC 22-14, IC 22-15; …

Sec. 3. A person who recklessly allows another to commit a violation of: (1) a rule adopted under this article, IC 22-13, IC 22-14, or IC 22-15; (2) a condition of a permit, certification, registration, release, authorization, variance, exemption, or other license issued under th…

Sec. 1. For purposes of NFPA 855 and this chapter, "authority having jurisdiction" refers to the department. As added by P.L.217-2023, SEC.1.

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 10. (a) The commission may adopt rules under IC 4-22-2 to implement this chapter and to specify standards for the installation and operation of utility sca…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 2. As used in this chapter, "NFPA 855" refers to: (1) the 2023 edition of NFPA 855, Standard for the Installation of Stationary Energy Storage Systems, as …

Sec. 3. (a) As used in this chapter, "utility scale battery energy storage system" means an energy storage system (as defined in NFPA 855) that is capable of storing and releasing more than one (1) megawatt of electrical energy for a minimum of one (1) hour using an AC inverter a…

Sec. 4. (a) After June 30, 2023, a person may not: (1) install a new utility scale battery energy storage system; or (2) expand the capacity of an existing utility scale battery energy storage system by more than ten percent (10%) of the system's original capacity; without applyi…

Sec. 5. (a) A person may not operate a utility scale battery energy storage system installed after June 30, 2023, unless the person has first applied for and obtained the approval of the department to do so. (b) An application under this section must contain: (1) a commissioning …

Sec. 6. (a) A utility scale battery energy storage system installation of which is subject to department approval under section 4(a)(1) of this chapter must comply with NFPA 855. (b) An installation added to an existing utility scale battery energy storage system in an expansion …

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 7. The total capacity of the batteries contained within a single enclosure in: (1) a utility scale battery energy storage system installation of which is s…

Sec. 8. (a) This section applies only to a utility scale battery energy storage system installation of which is subject to department approval under section 4(a)(1) of this chapter. (b) If a utility scale battery energy storage system is located less than one-half (1/2) mile from…

Sec. 9. (a) The operator of a utility scale battery energy storage system shall: (1) provide a copy of the emergency response plan described in section 4(b)(4) of this chapter, as finally adopted, to the fire department that is responsible for providing fire protection services i…

Sec. 1. Before December 1, 2025, the budget agency shall provide a written report to the governor and the general assembly regarding the financial impact of the implementation of the unlawful discrimination provisions under this article. The report to the general assembly must be…