Sec. 1. (a) This subsection and subsection (b) set an expiration date for rules adopted under IC 4-22-2-37.1 (as effective before July 1, 2023) or IC 4-22-2-37 (before its repeal) that at the time of adoption were permitted by law to continue in effect for an indefinite period of time. The rules to which this subsection applies include rules that were permitted to continue until another emergency rule or a final rule was adopted to replace the emergency rule or the agency repealed the emergency rule. Subject to subsections (b) and (c), the rule expires not later than:

(1) October 1, 2023; or

(2) if the rule is included on a list described in subsection (d), October 1, 2024;

as applicable. An emergency rule that expires under this subsection may not be renewed under IC 4-22-2-37.1 (as effective after June 30, 2023). If the rule meets the criteria in IC 4-22-2-37.2 for adoption as an interim rule, the rule may be adopted under IC 4-22-2-37.2.

     (b) The text of an emergency rule adopted under IC 4-22-2-37.1 (as effective before July 1, 2023) or IC 4-22-2-37 (before its repeal) that is:

(1) incorporated into a provision of the Indiana Administrative Code that before July 1, 2023, was amended under the procedures in IC 4-22-2-23 through IC 4-22-2-36 or IC 13-14-9 (as applicable); or

(2) readopted as part of a provision of the Indiana Administrative Code that was readopted under IC 4-22-2.5 (before its repeal) or IC 13-14-9.5 (before its repeal);

continues in effect to the extent that the text remains part of the provision of the Indiana Administrative Code into which the emergency rule text was incorporated.

     (c) An emergency rule adopted under IC 4-22-2-37.1 (as effective before July 1, 2023) of the type described in sections 3 through 9 of this chapter expires as provided in the applicable provisions of sections 3 through 9 of this chapter.

     (d) Not later than September 1, 2023, the governor may submit to the publisher a list of rules described in subsection (a) for which the expiration under this section is October 1, 2024, instead of October 1, 2023. The publisher shall publish a list submitted under this subsection in the Indiana Register.

As added by P.L.249-2023, SEC.43.