Tough Days at the Statehouse

April 14, 2023

The 2023 session of the Indiana General Assembly has been a tough one for AIA Indiana. Thankfully the session is scheduled to conclude no later than April 29.


This past Monday legislation passed out of the Senate that will weaken Indiana building codes and erode public safety. On the positive side, there’s still hope for legislative language to be enacted regarding historic preservation. More detailed information regarding these matters is explained below.

HB 1575, Fire Prevention and Building Safety Commission, authored by Rep. Tim O’Brien (R - Evansville), was introduced to stop the current Fire Prevention and Building Safety Commission’s efforts to update Indiana’s outdated building codes. Unfortunately, this bill passed out of the Senate on April 10 with a vote count of 33-15. Thank you to all the Hoosier AIA members and friends for contacting your state legislators asking them to oppose HB 1575!


HB 1575 will force the removal of many experts from the current Commission who are essential to protecting public safety in Indiana’s built environment and they will be replaced by mostly residential builders, who have testified their primary concern is the cost resulting from updated building codes. If passed, the composition of the new Commission will not have the expertise needed to review complex structures such as hospitals, schools, research and manufacturing facilities, etc. AIA Indiana strongly opposes HB 1575!


As introduced, HB 1575 called for the creation of a separate residential building commission within the Department of Homeland Security. The bill was amended in the Senate Local Government Committee and no longer calls for the creation of a separate residential building commission. However, HB 1575 now calls for the removal of many experts from the current Commission, requires a two-thirds (2/3) vote of the Commission members in order to adopt a new building code instead of a simple majority, and allows for no more than three codes to be updated annually and then prohibits the Commission from updating a building code for at least five years. All of this will result in continued setbacks to advancing building safety and adhering to modern standards in Indiana.  


The advocates (Indiana Builders Association, Habitat for Humanity, Indiana Apartment Association) for HB 1575 have consistently opposed efforts to update our antiquated building codes. Hoosiers deserve to be protected from hazards in public spaces and where they live. Updated building codes allow for current technology and design standards which are vital not only for life safety but also essential to attracting economic development that comes from efficient design and construction of needed facilities in our communities. New projects often need variances from old codes to be built and that costs time and money.


Because HB 1575 was amended in the Senate, the bill will now either be accepted by the House author or dissented upon, in which the bill will then be debated in a conference committee. Regardless, this bad bill will very likely become law.

Thank you Jessica Franke, AIA for testifying in support of the state historic rehabilitation tax credit.


SB 419, state tax matters, authored by Sen. Travis Holdman (R -Markle) and sponsored in the House by Rep. Jeff Thompson (R - Lizton), was amended unanimously with positive historic preservation language in the House Ways & Means Committee on April 5. The language in the bill allows the Indiana Economic Development Corporation to award a qualified taxpayer a historic rehabilitation tax credit equal to 25% of rehabilitation expenses or 30% of qualified expenses for nonprofit historic structures and limits the total amount of credits allowed to $10 M per fiscal year. Also, the credit may be transferred to another taxpayer or carried forward for 10 years. AIA Indiana strongly supports this measure included in SB 419. 


AIA Indiana believes these tax credits provide a powerful economic incentive to preserve and redevelop the inventory of historic architecture throughout the state. Historic preservation tax credits reinvigorate blighted areas, create jobs, increase state tax rolls, provide affordable housing, and preserve our state’s architectural treasures. Indiana is one of just 13 states without a historic tax credit program for commercial buildings.


Thank you to Rep. Ed Clere (R - New Albany) for authoring this positive amendment!


Please contact your state representative and state senator and ask them to support a state historic rehabilitation tax credit!


House of Representatives Phone - 317/232-9600

State Senate Phone - 800/382-9467

Email/Find Your Legislator - CLICK HERE

AIA Indiana | jshelley@aiaindiana.org | 317-634-6993 | www.aiaindiana.org
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