Introduced Version
HOUSE BILL No. 1111
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 8-1.
Synopsis: Utility regulatory commission reporting and rules. Amends
the statute concerning the required annual report by the utility
regulatory commission (IURC) to the governor and the legislative
council as follows: (1) Requires the IURC to present the annual report
to the interim study committee on energy, utilities, and
telecommunications (committee) before October 1 of each year. (2)
Provides that the annual report must include certain information
concerning: (A) the energy utility industry; (B) the water and
wastewater utility industries; (C) the communications services industry;
and (D) Indiana's pipeline safety program. Makes conforming
amendments to the statutes requiring the IURC to report annually to the
committee concerning: (1) the energy utility industry; and (2)
communications services. Makes other conforming amendments to
Indiana Code sections referencing the IURC's annual report to the
committee concerning communications services. Repeals Indiana Code
provisions requiring the IURC to report annually to the committee
concerning: (1) acquisitions under the statute concerning acquisitions
of offered water or wastewater utilities; and (2) the Indiana voluntary
clean energy portfolio standard program. Requires the IURC to adopt
rules as the IURC determines necessary to implement Federal Energy
Regulatory Commission Order No. 2222 concerning distributed energy
resources and distributed energy resource aggregators.
Effective: Upon passage; July 1, 2022.
Soliday, Manning
January 4, 2022, read first time and referred to Committee on Utilities, Energy and
Telecommunications.
2022 IN 1111—LS 6919/DI 101 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1111
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 8-1-1-14 IS AMENDED TO READ AS FOLLOWS
2 [EFFECTIVE JULY 1, 2022]: Sec. 14. (a) As used in this section,
3 "committee" refers to the interim study committee on energy,
4 utilities, and telecommunications established by IC 2-5-1.3-4(8).
5 (a) (b) The chairman of the commission shall prepare an annual
6 report and file it with the governor and the chairman of the legislative
7 council before October 1 of each year. The commission shall present
8 the annual report to the committee before October 1 of each year.
9 A report filed under this subsection with the chairman of the legislative
10 council must be in an electronic format under IC 5-14-6. The chairman
11 shall include in the annual report information for the fiscal year ending
12 June 30 of the year in which the report is due.
13 (b) (c) The annual report required under subsection (a) (b) must
14 include the following:
15 (1) A statement of the commission's revenues by source and
16 expenditures by purpose. (2) An update on the operations of the
17 commission, including the following:
2022 IN 1111—LS 6919/DI 101 2
1 (A) Statistics relevant to the workload and operations of the
2 commission.
3 (B) A statement of the commission's revenues by source
4 and expenditures by purpose.
5 (3) (C) A description of the commission's goals, legal
6 responsibilities, and accomplishments.
7 (4) (D) Comments on the state of the commission and the
8 various kinds of utilities that it regulates.
9 (E) Any other matters that the commission wishes to bring
10 to the attention of the governor and the general assembly.
11 (5) Suggestions for new legislation and the rationale for any
12 proposals.
13 (6) Any other matters that the chairman wishes to bring to the
14 attention of the governor and the general assembly.
15 (7) Any comments or proposals that any member of the
16 commission gives to the chairman for inclusion in the annual
17 report.
18 (2) Information concerning changes or emerging trends in the
19 energy utility industry, and the effects of those changes or
20 trends on service and on the pricing of all energy utility
21 services under the jurisdiction of the commission. The
22 information reported under this subdivision must include the
23 following:
24 (A) The effects of competition or changes in the energy
25 utility industry, including the impact on customer rates.
26 (B) The status of modernization of the energy utility
27 facilities in Indiana and the incentives in place to further
28 enhance this infrastructure.
29 (C) The effects on economic development of the
30 modernization described in clause (B).
31 (D) Changes in Indiana's electricity generation mix.
32 (E) Any other energy utility matters the commission
33 considers appropriate.
34 (3) Information concerning changes or emerging trends in the
35 water and wastewater utility industries, and the effects of
36 those changes or trends on service and on the pricing of all
37 water and wastewater utility services under the jurisdiction
38 of the commission. The information reported under this
39 subdivision must include the following:
40 (A) The effects of changes in the water and wastewater
41 utility industries, including the impact on customer rates.
42 (B) The status of water and wastewater utility
2022 IN 1111—LS 6919/DI 101 3
1 infrastructure in Indiana and the incentives in place to
2 further enhance this infrastructure.
3 (C) An update on:
4 (i) acquisitions under IC 8-1-30.3;
5 (ii) consolidations;
6 (iii) regionalization; and
7 (iv) service territory disputes;
8 involving water and wastewater utilities.
9 (D) The nature and extent of the jurisdiction of the
10 commission and other state agencies over various types of
11 water and wastewater utilities.
12 (E) Any other water or wastewater utility matters the
13 commission considers appropriate.
14 (4) Information concerning the communications services
15 industry, including the following:
16 (A) The type and availability of communications service
17 provided to Indiana customers, including the provision of
18 video service (as defined in IC 8-1-34-14).
19 (B) Details on the status of the Indiana universal service
20 fund.
21 (C) The status of eligible telecommunications carriers for
22 purposes of receiving:
23 (i) Lifeline reimbursement from the federal universal
24 service fund;
25 (ii) support to serve rural and high cost areas; and
26 (iii) other monetary support from the federal universal
27 service fund;
28 through the administrator designated by the Federal
29 Communications Commission.
30 (D) A summary of the video franchise fee reports
31 submitted under IC 8-1-34-24.5.
32 (E) Any other matters concerning the communications
33 services industry the commission considers appropriate.
34 (5) Information concerning Indiana's pipeline safety program,
35 including the following:
36 (A) An update on the activities of the commission's pipeline
37 safety division established by IC 8-1-22.5-2.
38 (B) An update on activities under IC 8-1-26.
39 (C) An update on the underground plant protection
40 account established by IC 8-1-26-24.
41 (D) Any other matters concerning pipeline safety the
42 commission considers appropriate.
2022 IN 1111—LS 6919/DI 101 4
1 SECTION 2. IC 8-1-2.5-9, AS AMENDED BY P.L.53-2014,
2 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 9. (a) As used in this section, "committee" means
4 the interim study committee on energy, utilities, and
5 telecommunications established by IC 2-5-1.3-4.
6 (b) The committee shall monitor changes and competition in the
7 energy utility industry.
8 (c) The commission shall before August 15 of each year prepare for
9 presentation to the committee an analysis of the effects of competition
10 or changes in the energy utility industry on service and on the pricing
11 of all energy utility services under the jurisdiction of the commission.
12 (d) (c) In addition to reviewing the commission commission's
13 annual report prepared under subsection (c), IC 8-1-1-14, the
14 committee shall also issue a report and recommendations to the
15 legislative council before November 1 of each year that are based on
16 a review of the following issues:
17 (1) The effects of competition or changes in the energy utility
18 industry and the impact of the competition or changes on the
19 residential rates.
20 (2) The status of modernization of the energy utility facilities in
21 Indiana and the incentives required to further enhance this
22 infrastructure.
23 (3) The effects on economic development of this modernization.
24 (4) The traditional method of regulating energy utilities and the
25 method's effectiveness.
26 (5) The economic and social effectiveness of traditional energy
27 utility service pricing.
28 (6) The effects of legislation enacted by the United States
29 Congress.
30 (7) All other energy utility issues the committee considers
31 appropriate; however, it is not the intent of this section to provide
32 for the review of the statutes cited in section 11 of this chapter.
33 The report and recommendations issued under this subsection to the
34 legislative council must be in an electronic format under IC 5-14-6.
35 (e) (d) This section:
36 (1) does not give a party to a collective bargaining agreement any
37 greater rights under the agreement than the party had before
38 January 1, 1995;
39 (2) does not give the committee the authority to order a party to
40 a collective bargaining agreement to cancel, terminate, amend, or
41 otherwise modify the collective bargaining agreement; and
42 (3) may not be implemented by the committee in a way that would
2022 IN 1111—LS 6919/DI 101 5
1 give a party to a collective bargaining agreement any greater
2 rights under the agreement than the party had before January 1,
3 1995.
4 (f) (e) The committee shall, with the approval of the commission,
5 retain independent consultants the committee considers appropriate to
6 assist the committee in the review and study. The expenses for the
7 consultants shall be paid with funds from the public utility fees
8 assessed under IC 8-1-6.
9 SECTION 3. IC 8-1-2.6-4, AS AMENDED BY THE TECHNICAL
10 CORRECTIONS BILL OF THE 2022 GENERAL ASSEMBLY, IS
11 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]:
12 Sec. 4. (a) As used in this section, "committee" means the interim study
13 committee on energy, utilities, and telecommunications established by
14 IC 2-5-1.3-4.
15 (b) The commission shall, by July 1 of each year, report to the
16 committee in an electronic format under IC 5-14-6 on the following:
17 (1) The effects of competition and technological change on
18 universal service and on pricing of all telecommunications
19 services offered in Indiana.
20 (2) The status of competition and technological change in the
21 provision of video service (as defined in IC 8-1-34-14) available
22 to Indiana customers, as including the following information:
23 (A) The number of multichannel video programming
24 distributors offering video service to Indiana customers.
25 (B) The technologies used to provide video service to Indiana
26 customers.
27 (C) The advertised programming and pricing options offered
28 by video service providers to Indiana customers.
29 (3) Best practices concerning vertical location of underground
30 facilities for purposes of IC 8-1-26. A report under this
31 subdivision must address the viability and economic feasibility of
32 technologies used to vertically locate underground facilities.
33 (c) (b) In addition to reviewing the commission commission's
34 annual report prepared under subsection (b), IC 8-1-1-14, the
35 committee may also issue a report and recommendations to the
36 legislative council by November 1 of each year that is based on a
37 review of the following issues:
38 (1) The effects of competition and technological change in the
39 telecommunications industry and impact of competition on
40 available subsidies used to maintain universal service.
41 (2) The status of modernization of the publicly available
42 telecommunications infrastructure in Indiana and the incentives
2022 IN 1111—LS 6919/DI 101 6
1 required to further enhance this infrastructure.
2 (3) The effects on economic development and educational
3 opportunities of the modernization described in subdivision (2).
4 (4) The current methods of regulating providers, at both the
5 federal and state levels, and the effectiveness of the methods.
6 (5) The economic and social effectiveness of current
7 telecommunications service pricing.
8 (6) All other telecommunications issues the committee deems
9 appropriate.
10 The report and recommendations issued under this subsection to the
11 legislative council must be in an electronic format under IC 5-14-6.
12 (d) (c) The committee shall, with the approval of the commission,
13 retain the independent consultants the committee considers appropriate
14 to assist the committee in the review and study. The expenses for the
15 consultants shall be paid by the commission.
16 SECTION 4. IC 8-1-2.6-13, AS AMENDED BY P.L.177-2021,
17 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2022]: Sec. 13. (a) As used in this section, "communications
19 service" has the meaning set forth in IC 8-1-32.5-3.
20 (b) As used in this section, "communications service provider"
21 means a person or an entity that offers communications service to
22 customers in Indiana, without regard to the technology or medium used
23 by the person or entity to provide the communications service. The
24 term includes a provider of commercial mobile service (as defined in
25 47 U.S.C. 332).
26 (c) Notwithstanding sections 1.2, 1.4, and 1.5 of this chapter, the
27 commission may do the following, except as otherwise provided in this
28 subsection:
29 (1) Enforce the terms of a settlement agreement approved by the
30 commission before July 29, 2004. The commission's authority
31 under this subdivision continues for the duration of the settlement
32 agreement.
33 (2) Fulfill the commission's duties under IC 8-1-2.8 concerning
34 the provision of dual party relay services to deaf, hard of hearing,
35 and speech impaired persons in Indiana.
36 (3) Fulfill the commission's responsibilities under IC 8-1-29 to
37 adopt and enforce rules to ensure that a customer of a
38 telecommunications provider is not:
39 (A) switched to another telecommunications provider unless
40 the customer authorizes the switch; or
41 (B) billed for services by a telecommunications provider that
42 without the customer's authorization added the services to the
2022 IN 1111—LS 6919/DI 101 7
1 customer's service order.
2 (4) Fulfill the commission's obligations under:
3 (A) the federal Telecommunications Act of 1996 (47 U.S.C.
4 151 et seq.); and
5 (B) IC 20-20-16;
6 concerning universal service and access to telecommunications
7 service and equipment, including the designation of eligible
8 telecommunications carriers under 47 U.S.C. 214.
9 (5) Perform any of the functions described in section 1.5(b) of this
10 chapter.
11 (6) Perform the commission's responsibilities under IC 8-1-32.5
12 to:
13 (A) issue; and
14 (B) maintain records of;
15 certificates of territorial authority for communications service
16 providers offering communications service to customers in
17 Indiana.
18 (7) Perform the commission's responsibilities under IC 8-1-34
19 concerning the issuance of certificates of franchise authority to
20 multichannel video programming distributors offering video
21 service to Indiana customers.
22 (8) Subject to subsection (f), require a communications service
23 provider, other than a provider of commercial mobile service (as
24 defined in 47 U.S.C. 332), to report to the commission on an
25 annual basis, or more frequently at the option of the provider, any
26 information needed by the commission to prepare the
27 commission's annual report to the interim study committee on
28 energy, utilities, and telecommunications under section 4 of this
29 chapter. IC 8-1-1-14(c)(4).
30 (9) Perform the commission's duties under IC 8-1-32.4 with
31 respect to telecommunications providers of last resort, to the
32 extent of the authority delegated to the commission under federal
33 law to perform those duties.
34 (10) Collect and maintain from a communications service
35 provider the following information:
36 (A) The address of the provider's Internet web site.
37 (B) All toll free telephone numbers and other customer service
38 telephone numbers maintained by the provider for receiving
39 customer inquiries and complaints.
40 (C) An address and other contact information for the provider,
41 including any telephone number not described in clause (B).
42 The commission shall make any information submitted by a
2022 IN 1111—LS 6919/DI 101 8
1 provider under this subdivision available on the commission's
2 Internet web site. The commission may also make available on the
3 commission's Internet web site contact information for the Federal
4 Communications Commission and the Cellular Telephone
5 Industry Association.
6 (11) Fulfill the commission's duties under any state or federal law
7 concerning the administration of any universally applicable
8 dialing code for any communications service.
9 (d) The commission does not have jurisdiction over any of the
10 following with respect to a communications service provider:
11 (1) Rates and charges for communications service provided by the
12 communications service provider, including the filing of
13 schedules or tariffs setting forth the provider's rates and charges.
14 (2) Depreciation schedules for any of the classes of property
15 owned by the communications service provider.
16 (3) Quality of service provided by the communications service
17 provider.
18 (4) Long term financing arrangements or other obligations of the
19 communications service provider.
20 (5) Except as provided in subsection (c), any other aspect
21 regulated by the commission under this title before July 1, 2009.
22 (e) The commission has jurisdiction over a communications service
23 provider only to the extent that jurisdiction is:
24 (1) expressly granted by state or federal law, including:
25 (A) a state or federal statute;
26 (B) a lawful order or regulation of the Federal
27 Communications Commission; or
28 (C) an order or a ruling of a state or federal court having
29 jurisdiction; or
30 (2) necessary to administer a federal law for which regulatory
31 responsibility has been delegated to the commission by federal
32 law.
33 (f) Except as specifically required under state or federal law, or
34 except as required to respond to consumer complaints or information
35 requests from the general assembly, the commission may not require
36 a communications service provider:
37 (1) to file a tariff; or
38 (2) except for purposes of a petition or request filed or submitted
39 to the commission by the communications service provider, to
40 report to the commission any information that is:
41 (A) available to the public on the communications service
42 provider's Internet web site;
2022 IN 1111—LS 6919/DI 101 9
1 (B) filed with the Federal Communications Commission; or
2 (C) otherwise available to the public in any form or at any
3 level of detail;
4 including the communications service provider's rates, terms, and
5 conditions of service.
6 SECTION 5. IC 8-1-30.3-7 IS REPEALED [EFFECTIVE JULY 1,
7 2022]. Sec. 7. Not later than October 1 of each year, the commission
8 shall submit, in an electronic format under IC 5-14-6 to the interim
9 study committee on energy, utilities, and telecommunications, a report
10 concerning acquisitions under this chapter.
11 SECTION 6. IC 8-1-32.5-6, AS AMENDED BY P.L.73-2020,
12 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2022]: Sec. 6. (a) Except as provided in subsection (c), before
14 a communications service provider may offer communications service
15 to customers in Indiana, the communications service provider must
16 apply to the commission for a certificate of territorial authority. A
17 communications service provider that seeks a certificate under this
18 chapter shall submit an application on a form prescribed by the
19 commission. Subject to subsection (e), the form prescribed by the
20 commission must require the communications service provider to
21 report the following information:
22 (1) The provider's legal name and any name under which the
23 provider does or will do business in Indiana, as authorized by the
24 secretary of state.
25 (2) The provider's address and telephone number, along with
26 contact information for the person responsible for ongoing
27 communications with the commission.
28 (3) The legal name, address, and telephone number of the
29 provider's parent company, if any.
30 (4) A description of each service area in Indiana in which the
31 provider proposes to offer communications service.
32 (5) For each service area identified under subdivision (4), a
33 description of each type of communications service that the
34 provider proposes to offer in the service area.
35 (6) For each communications service identified under subdivision
36 (5), whether the communications service will be offered to
37 residential customers or business customers, or both.
38 (7) The expected date of deployment for each communications
39 service identified under subdivision (5) in each service area
40 identified in subdivision (4).
41 (8) A list of other states in which the provider offers
42 communications service, including the type of communications
2022 IN 1111—LS 6919/DI 101 10
1 service offered.
2 (9) Any other information the commission considers necessary to:
3 (A) monitor the type and availability of communications
4 service provided to Indiana customers; and
5 (B) prepare under IC 8-1-2.6-4, the commission's annual report
6 to the interim study committee on energy, utilities, and
7 telecommunications established by IC 2-5-1.3-4 in an
8 electronic format under IC 5-14-6. under IC 8-1-1-14(c)(4).
9 The commission may charge a fee for filing an application under this
10 section. Any fee charged by the commission under this subsection may
11 not exceed the commission's actual costs to process and review the
12 application under section 8 of this chapter.
13 (b) A communications service provider shall also submit, along with
14 the application required by subsection (a), the following documents:
15 (1) A certification from the secretary of state authorizing the
16 provider to do business in Indiana.
17 (2) Information demonstrating the provider's financial,
18 managerial, and technical ability to provide each communications
19 service identified in the provider's application under subsection
20 (a)(5) in each service area identified under subsection (a)(4).
21 (3) A statement, signed under penalty of perjury by an officer or
22 another person authorized to bind the provider, that affirms the
23 following:
24 (A) That the provider has filed or will timely file with the
25 Federal Communications Commission all forms required by
26 the Federal Communications Commission before offering
27 communications service in Indiana.
28 (B) That the provider agrees to comply with any customer
29 notification requirements imposed by the commission under
30 section 11(b) of this chapter.
31 (C) That the provider agrees to update the information
32 provided in the application submitted under subsection (a) on
33 a regular basis, as may be required by the commission under
34 section 12 of this chapter.
35 (D) That the provider agrees to notify the commission when
36 the provider commences offering communications service in
37 each service area identified in the provider's application under
38 subsection (a)(4).
39 (E) That the provider agrees to pay any lawful rate or charge
40 for switched and special access services, as required under
41 any:
42 (i) applicable interconnection agreement; or
2022 IN 1111—LS 6919/DI 101 11
1 (ii) lawful tariff or order approved or issued by a regulatory
2 body having jurisdiction.
3 (F) That the provider agrees to report, at the times required by
4 the commission, any information required by the commission
5 under IC 8-1-2.6-13(c)(8).
6 (c) If:
7 (1) a communications service provider has been issued a:
8 (A) certificate of territorial authority; or
9 (B) certificate of public convenience and necessity;
10 by the commission before July 1, 2009; and
11 (2) the certificate described in subdivision (1) is in effect on July
12 1, 2009;
13 the communications service provider is not required to submit an
14 application under this section for as long as the certificate described in
15 subdivision (1) remains in effect. For purposes of this subsection, if a
16 corporation organized under IC 8-1-13 (or a corporation organized
17 under IC 23-17-1 that is an electric cooperative and that has at least one
18 (1) member that is a corporation organized under IC 8-1-13) holds a
19 certificate of public convenience and necessity issued by the
20 commission before, on, or after July 1, 2009, that certificate may serve
21 as the certificate required under this chapter with respect to any
22 communications service offered by the corporation, subject to the
23 commission's right to require the corporation to provide any
24 information that an applicant is otherwise required to submit under
25 subsection (a) or that a holder is required to report under
26 IC 8-1-2.6-13(c)(8).
27 (d) This section does not empower the commission to require an
28 applicant for a certificate under this chapter to disclose confidential and
29 proprietary business plans and other confidential information without
30 adequate protection of the information. The commission shall exercise
31 all necessary caution to avoid disclosure of confidential information
32 supplied under this section.
33 (e) The form prescribed for a communications service provider that
34 offers only a service described in IC 8-1-2.6-1.1 must require the
35 communications service provider to report and certify the accuracy of
36 only the information required under subsection (a)(1) and (a)(2).
37 SECTION 7. IC 8-1-34-16, AS AMENDED BY P.L.177-2021,
38 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2022]: Sec. 16. (a) Except as provided in section 21 of this
40 chapter, after June 30, 2006:
41 (1) the commission is the sole franchising authority (as defined in
42 47 U.S.C. 522(10)) for the provision of video service in Indiana;
2022 IN 1111—LS 6919/DI 101 12
1 and
2 (2) a unit may not:
3 (A) require a provider to obtain a separate franchise;
4 (B) impose any fee, gross receipt tax, licensing requirement,
5 rate regulation, or build-out requirement on a provider;
6 (C) regulate a holder or provider; or
7 (D) establish, fund, or otherwise designate an agency, a board,
8 or another subordinate entity to monitor, supervise, evaluate,
9 or regulate the holder or provider;
10 except as authorized by this chapter.
11 (b) Except as provided in section 21 of this chapter, a person who
12 seeks to provide video service in Indiana after June 30, 2006, shall file
13 with the commission an application for a franchise. The application
14 shall be made on a form prescribed by the commission and must
15 include the following:
16 (1) A sworn affidavit, signed by an officer or another person
17 authorized to bind the applicant, that affirms the following:
18 (A) That the applicant has filed or will timely file with the
19 Federal Communications Commission all forms required by
20 the Federal Communications Commission before offering
21 video service in Indiana.
22 (B) That the applicant agrees to comply with all federal and
23 state statutes, rules, and regulations applicable to the operation
24 of the applicant's video service system.
25 (C) That the applicant agrees to:
26 (i) comply with any local ordinance or regulation governing
27 the use of public rights-of-way in the delivery of video
28 service; and
29 (ii) recognize the police powers of a unit to enforce the
30 ordinance or regulation.
31 (D) If the applicant will terminate an existing local franchise
32 under section 21 of this chapter, that the applicant agrees to
33 perform any obligations owed to any private person, as
34 required by section 22 of this chapter.
35 (2) The applicant's legal name and any name under which the
36 applicant does or will do business in Indiana, as authorized by the
37 secretary of state.
38 (3) The address and telephone number of the applicant's principal
39 place of business, along with contact information for the person
40 responsible for ongoing communications with the commission.
41 (4) The names and titles of the applicant's principal officers.
42 (5) The legal name, address, and telephone number of the
2022 IN 1111—LS 6919/DI 101 13
1 applicant's parent company, if any.
2 (6) A description of each service area in Indiana to be served by
3 the applicant. A service area described under this subdivision may
4 include an unincorporated area in Indiana.
5 (7) The expected date for the deployment of video service in each
6 of the areas identified in subdivision (6).
7 (8) A list of other states in which the applicant provides video
8 service.
9 (9) If the applicant will terminate an existing local franchise under
10 section 21(b) of this chapter, a copy of the written notice sent to
11 the municipality under section 21(c) of this chapter.
12 (10) Any other information the commission considers necessary
13 to:
14 (A) monitor the provision of video service to Indiana
15 customers; and
16 (B) prepare under IC 8-1-2.6-4, the commission's annual report
17 to the interim study committee on energy, utilities, and
18 telecommunications established by IC 2-5-1.3-4 in an
19 electronic format under IC 5-14-6. under IC 8-1-1-14(c)(4).
20 (c) This section does not empower the commission to require:
21 (1) an applicant to disclose confidential and proprietary business
22 plans and other confidential information without adequate
23 protection of the information; or
24 (2) a provider to disclose more frequently than in each odd
25 numbered year information regarding the areas in which an
26 applicant has deployed, or plans to deploy, video services.
27 The commission shall exercise all necessary caution to avoid disclosure
28 of confidential information supplied under this section.
29 (d) The commission may charge a fee for filing an application under
30 this section. Any fee charged by the commission under this subsection
31 may not exceed the commission's actual costs to process and review the
32 application under section 17 of this chapter.
33 (e) Nothing in this title may be construed to require an applicant or
34 a provider to disclose information that identifies by census block, street
35 address, or other similar level of specificity the areas in which the
36 applicant or provider has deployed, or plans to deploy, video service in
37 Indiana. The commission may not disclose, publish, or report by census
38 block, street address, or other similar level of specificity any
39 information identifying the areas in Indiana in which an applicant or a
40 provider has deployed, or plans to deploy, video service.
41 (f) Nothing in this title may be construed to require an applicant or
42 provider to provide the commission with information describing the
2022 IN 1111—LS 6919/DI 101 14
1 applicant's or provider's programming, including the applicant's or
2 provider's channel lineups or channel guides.
3 SECTION 8. IC 8-1-34-24.5, AS AMENDED BY P.L.53-2014,
4 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2022]: Sec. 24.5. (a) This section applies to any unit that
6 receives franchise fees paid to the unit under:
7 (1) a certificate issued by the commission under this chapter; or
8 (2) an unexpired local franchise issued by the unit before July 1,
9 2006;
10 with respect to a particular calendar year.
11 (b) For each calendar year, beginning with the calendar year ending
12 December 31, 2012, each unit to which this section applies shall
13 submit to the commission, on a form or in the manner prescribed by the
14 commission, a report that includes the following information for each
15 certificate or local franchise in effect in the unit during the calendar
16 year for which the report is submitted:
17 (1) The amount of franchise fees paid to the unit under the
18 certificate or local franchise.
19 (2) The account of the unit into which the franchise fees identified
20 under subdivision (1) were deposited.
21 (3) The purposes for which any franchise fees received by the unit
22 during:
23 (A) the calendar year for which the report is submitted; or
24 (B) a previous calendar year;
25 were used or spent by the unit during the calendar year for which
26 the report is submitted.
27 (4) Any other information or data concerning the receipt and use
28 of franchise fees that the commission considers appropriate.
29 (c) The commission shall prescribe the form of the report and the
30 process, deadlines, and other requirements for submitting the report
31 required under this section.
32 (d) Upon receiving the annual reports required under this section,
33 the commission shall compile and organize the data and information
34 contained in the reports. The commission shall include a summary of
35 the data and information contained in the reports in the commission's
36 annual report on the communications industry provided, under
37 IC 8-1-2.6-4, to the interim study committee on energy, utilities, and
38 telecommunications established by IC 2-5-1.3-4 in an electronic format
39 under IC 5-14-6. IC 8-1-1-14(c)(4). However, this subsection does not
40 empower the commission to disclose confidential and proprietary
41 business plans and other confidential information without adequate
42 protection of the information. The commission shall exercise all
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1 necessary caution to avoid disclosure of confidential information
2 supplied under this section.
3 (e) The commission may adopt rules under IC 4-22-2, including
4 emergency rules under IC 4-22-2-37.1, to implement this section. An
5 emergency rule adopted by the commission under IC 4-22-2-37.1
6 expires on the date a rule that supersedes the emergency rule is adopted
7 by the commission under IC 4-22-2-24 through IC 4-22-2-36 and not
8 ninety (90) days after the rule is accepted for filing as provided in
9 IC 4-22-2-37.1(g). However, any emergency rules adopted by the
10 commission under this subsection must take effect by a date that
11 enables a unit subject to this section to comply with this section with
12 respect to the calendar year ending December 31, 2012.
13 SECTION 9. IC 8-1-37-10, AS ADDED BY P.L.150-2011,
14 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2022]: Sec. 10. (a) Subject to subsection (d), the commission
16 shall adopt rules under IC 4-22-2 to establish the Indiana voluntary
17 clean energy portfolio standard program. The program established
18 under this section must be a voluntary program that provides incentives
19 to participating electricity suppliers that undertake to supply specified
20 percentages of the total electricity supplied to their Indiana retail
21 electric customers from clean energy.
22 (b) The rules adopted by the commission under this section to
23 establish the program must:
24 (1) incorporate:
25 (A) the CPS goals set forth in section 12(a) of this chapter;
26 (B) methods for measuring and evaluating a participating
27 electricity supplier's compliance with the CPS goals set forth
28 in section 12(a) of this chapter; and
29 (C) the financial incentives and periodic rate adjustment
30 mechanisms set forth in section 13 of this chapter; and
31 (D) the reporting requirements set forth in section 14 of this
32 chapter;
33 (2) require the commission to determine, before approving an
34 application under section 11 of this chapter, that the approval of
35 the application will not result in an increase to the retail rates and
36 charges of the electricity supplier above what could reasonably be
37 expected if the application were not approved;
38 (3) take effect not later than January 1, 2012; and
39 (4) be consistent with this chapter.
40 (c) Upon the effective date of the rules adopted by the commission
41 under this section, an electricity supplier may apply to the commission
42 under section 11 of this chapter for approval to participate in the
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1 program.
2 (d) The commission may adopt emergency rules under
3 IC 4-22-2-37.1 to adopt the rules required by this section. An
4 emergency rule adopted by the commission under IC 4-22-2-37.1
5 expires on the date a rule that supersedes the emergency rule is adopted
6 by the commission under IC 4-22-2-24 through IC 4-22-2-36.
7 SECTION 10. IC 8-1-37-14 IS REPEALED [EFFECTIVE JULY 1,
8 2022]. Sec. 14. (a) Beginning in 2014, each participating electricity
9 supplier shall report to the commission not later than March 1 of each
10 year on the following:
11 (1) The participating electricity supplier's efforts, if any, during
12 the most recently ended calendar year to meet the CPS goal
13 applicable to the most recently ended calendar year.
14 (2) The total amount of renewable energy supplied to the
15 participating electricity supplier's Indiana retail electric customers
16 during the most recently ended calendar year, including a
17 breakdown of the following:
18 (A) The amount of clean energy generated by facilities owned
19 or operated by the participating electricity supplier. The
20 participating electricity supplier shall identify each facility by:
21 (i) name and location;
22 (ii) total generating capacity;
23 (iii) total amount of electricity generated at the facility
24 during the most recently ended calendar year, including the
25 percentage of this amount that was supplied to the
26 participating electricity supplier's Indiana retail electric
27 customers; and
28 (iv) total amount of clean energy generated at the facility
29 during the most recently ended calendar year, including the
30 percentage of this amount that was supplied to the
31 participating electricity supplier's Indiana retail electric
32 customers.
33 (B) The amount of clean energy purchased from other
34 suppliers of clean energy. The participating electricity supplier
35 shall identify:
36 (i) each supplier from whom clean energy was purchased;
37 (ii) the amount of clean energy purchased from each
38 supplier;
39 (iii) the price paid by the participating electricity supplier for
40 the clean energy purchased from each supplier; and
41 (iv) to the extent known, the name and location of each
42 facility at which the clean energy purchased from each
2022 IN 1111—LS 6919/DI 101 17
1 supplier was generated.
2 (3) The number of CECs purchased by the participating electricity
3 supplier during the most recently ended calendar year. The
4 participating electricity supplier shall identify:
5 (A) each person from whom one (1) or more CECs was
6 purchased;
7 (B) the price paid to each person identified in clause (A) for
8 the CECs purchased;
9 (C) the number of CECs applied, if any, during the most
10 recently ended calendar year to meet the CPS goal applicable
11 to the most recently ended calendar year; and
12 (D) the number of CECs, if any, that the participating
13 electricity supplier plans to carry over to the next succeeding
14 CPS goal period, as permitted by section 12(f) of this chapter.
15 (4) The participating electricity supplier's plans for meeting the
16 CPS goal applicable to the calendar year in which the report is
17 submitted.
18 (5) Advances in clean energy technology that affect activities
19 described in subdivisions (1) and (4).
20 (6) Any other information that the commission prescribes in rules
21 adopted under IC 4-22-2.
22 For purposes of this subsection, amounts of clean energy and electricity
23 shall be reported in megawatt hours. A participating electricity
24 supplier's duty to submit a report under this subsection terminates after
25 the participating electricity supplier has submitted the report that
26 applies to the calendar year ending December 31, 2025.
27 (b) Beginning in 2014, the commission's annual report, under
28 IC 8-1-2.5-9(b), to the interim study committee on energy, utilities, and
29 telecommunications established by IC 2-5-1.3-4 must include a
30 summary of the information provided by participating electricity
31 suppliers under subsection (a) with respect to the most recently ended
32 calendar year. The commission's duty to include the information
33 specified in this subsection in its annual report to the interim study
34 committee on energy, utilities, and telecommunications established by
35 IC 2-5-1.3-4 terminates after the commission has submitted the
36 information that applies to the calendar year ending December 31,
37 2025.
38 SECTION 11. [EFFECTIVE UPON PASSAGE] (a) As used in this
39 SECTION, "commission" refers to the Indiana utility regulatory
40 commission created by IC 8-1-1-2.
41 (b) As used in this SECTION, "distributed energy resource"
42 means any resource located on the distribution system of an
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1 electricity supplier, on any subsystem of an electricity supplier, or
2 behind an electricity supplier's customer's meter, including any of
3 the following:
4 (1) Electric storage resources.
5 (2) Intermittent generation.
6 (3) Distributed generation.
7 (4) Demand response.
8 (5) Energy efficiency.
9 (6) Thermal storage.
10 (7) Electric vehicles and their supply equipment.
11 (c) As used in this SECTION, "distributed energy resource
12 aggregator" means a person that aggregates one (1) or more
13 distributed energy resources for purposes of participating in one
14 (1) or more of the capacity, energy, or ancillary service markets of
15 a regional transmission organization.
16 (d) The commission shall adopt rules that the commission
17 determines to be necessary to implement Federal Energy
18 Regulatory Commission Order No. 2222 concerning distributed
19 energy resources and distributed energy resource aggregators.
20 (e) Notwithstanding IC 8-1-40-21, in adopting rules under this
21 SECTION, the commission may amend the commission's rules and
22 standards set forth in:
23 (1) 170 IAC 4-4.2 (concerning net metering); and
24 (2) 170 IAC 4-4.3 (concerning interconnection);
25 only as necessary to implement Federal Energy Regulatory
26 Commission Order No. 2222 concerning distributed energy
27 resources and distributed energy resource aggregators.
28 (f) In adopting rules under this SECTION, the commission may
29 adopt emergency rules in the manner provided by IC 4-22-2-37.1.
30 Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted by
31 the commission under this SECTION and in the manner provided
32 by IC 4-22-2-37.1 expires on the date on which a rule that
33 supersedes the emergency rule is adopted by the commission under
34 IC 4-22-2-24 through IC 4-22-2-36.
35 (g) This SECTION expires July 1, 2023.
36 SECTION 12. An emergency is declared for this act.
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