Indiana 2022 Regular Session

Indiana House Bill HB1111 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	HB1111.1
	2	+	January 11, 2022
	3	+	HOUSE BILL No. 1111
	4	+	_____
	5	+	DIGEST OF HB 1111 (Updated January 11, 2022 12:23 pm - DI 101)
	6	+	Citations Affected: IC 8-1.
	7	+	Synopsis: Utility regulatory commission reporting and rules. Amends
	8	+	the statute concerning the required annual report by the utility
	9	+	regulatory commission (IURC) to the governor and the legislative
	10	+	council as follows: (1) Requires the IURC to present the annual report
	11	+	to the interim study committee on energy, utilities, and
	12	+	telecommunications (committee) before October 1 of each year. (2)
	13	+	Provides that the annual report must include certain information
	14	+	concerning: (A) the energy utility industry; (B) the water and
	15	+	wastewater utility industries; (C) the communications services industry;
	16	+	and (D) Indiana's pipeline safety program. Makes conforming
	17	+	amendments to the statutes requiring the IURC to report annually to the
	18	+	committee concerning: (1) the energy utility industry; and (2)
	19	+	communications services. Makes other conforming amendments to
	20	+	Indiana Code sections referencing the IURC's annual report to the
	21	+	committee concerning communications services. Repeals Indiana Code
	22	+	provisions requiring the IURC to report annually to the committee
	23	+	concerning: (1) acquisitions under the statute concerning acquisitions
	24	+	of offered water or wastewater utilities; and (2) the Indiana voluntary
	25	+	clean energy portfolio standard program. Requires the IURC to adopt
	26	+	rules as the IURC determines necessary to implement Federal Energy
	27	+	Regulatory Commission Order No. 2222 concerning distributed energy
	28	+	resources and distributed energy resource aggregators.
	29	+	Effective: Upon passage; July 1, 2022.
	30	+	Soliday, Manning, Pierce
	31	+	January 4, 2022, read first time and referred to Committee on Utilities, Energy and
	32	+	Telecommunications.
	33	+	January 11, 2022, amended, reported — Do Pass.
	34	+	HB 1111—LS 6919/DI 101 January 11, 2022
1	35		Second Regular Session of the 122nd General Assembly (2022)
2	36		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	37		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	38		additions will appear in this style type, and deletions will appear in this style type.
5	39		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	40		provision adopted), the text of the new provision will appear in this style type. Also, the
7	41		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	42		a new provision to the Indiana Code or the Indiana Constitution.
9	43		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	44		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1111
12		-	AN ACT to amend the Indiana Code concerning utilities.
	45	+	HOUSE BILL No. 1111
	46	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	47	+	utilities.
13	48		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 8-1-1-14 IS AMENDED TO READ AS FOLLOWS
15		-	[EFFECTIVE JULY 1, 2022]: Sec. 14. (a) As used in this section,
16		-	"committee" refers to the interim study committee on energy,
17		-	utilities, and telecommunications established by IC 2-5-1.3-4(8).
18		-	(a) (b) The chairman of the commission shall prepare an annual
19		-	report and file it with the governor and the chairman of the legislative
20		-	council before October 1 of each year. The commission shall present
21		-	the annual report to the committee before October 1 of each year.
22		-	A report filed under this subsection with the chairman of the legislative
23		-	council must be in an electronic format under IC 5-14-6. The chairman
24		-	shall include in the annual report information for the fiscal year ending
25		-	June 30 of the year in which the report is due.
26		-	(b) (c) The annual report required under subsection (a) (b) must
27		-	include the following:
28		-	(1) A statement of the commission's revenues by source and
29		-	expenditures by purpose. (2) An update on the operations of the
30		-	commission, including the following:
31		-	(A) Statistics relevant to the workload and operations of the
32		-	commission.
33		-	(B) A statement of the commission's revenues by source
34		-	and expenditures by purpose.
35		-	(3) (C) A description of the commission's goals, legal
36		-	HEA 1111 2
37		-	responsibilities, and accomplishments.
38		-	(4) (D) Comments on the state of the commission and the
39		-	various kinds of utilities that it regulates.
40		-	(E) Any other matters that the commission wishes to bring
41		-	to the attention of the governor and the general assembly.
42		-	(5) Suggestions for new legislation and the rationale for any
43		-	proposals.
44		-	(6) Any other matters that the chairman wishes to bring to the
45		-	attention of the governor and the general assembly.
46		-	(7) Any comments or proposals that any member of the
47		-	commission gives to the chairman for inclusion in the annual
48		-	report.
49		-	(2) Information concerning changes or emerging trends in the
50		-	energy utility industry, and the effects of those changes or
51		-	trends on service and on the pricing of all energy utility
52		-	services under the jurisdiction of the commission. The
53		-	information reported under this subdivision must include the
54		-	following:
55		-	(A) The effects of competition or changes in the energy
56		-	utility industry, including the impact on customer rates.
57		-	(B) The status of modernization of the energy utility
58		-	facilities in Indiana and the incentives in place to further
59		-	enhance this infrastructure.
60		-	(C) The effects on economic development of the
61		-	modernization described in clause (B).
62		-	(D) Changes in Indiana's electricity generation mix.
63		-	(E) Any other energy utility matters the commission
64		-	considers appropriate.
65		-	(3) Information concerning changes or emerging trends in the
66		-	water and wastewater utility industries, and the effects of
67		-	those changes or trends on service and on the pricing of all
68		-	water and wastewater utility services under the jurisdiction
69		-	of the commission. The information reported under this
70		-	subdivision must include the following:
71		-	(A) The effects of changes in the water and wastewater
72		-	utility industries, including the impact on customer rates.
73		-	(B) The status of water and wastewater utility
74		-	infrastructure in Indiana and the incentives in place to
75		-	further enhance this infrastructure.
76		-	(C) An update on:
77		-	(i) acquisitions under IC 8-1-30.3;
78		-	(ii) consolidations;
79		-	HEA 1111 3
80		-	(iii) regionalization; and
81		-	(iv) service territory disputes;
82		-	involving water and wastewater utilities.
83		-	(D) The nature and extent of the jurisdiction of the
84		-	commission and other state agencies over various types of
85		-	water and wastewater utilities.
86		-	(E) Any other water or wastewater utility matters the
87		-	commission considers appropriate.
88		-	(4) Information concerning the communications services
89		-	industry, including the following:
90		-	(A) The type and availability of communications service
91		-	provided to Indiana customers, including the provision of
92		-	video service (as defined in IC 8-1-34-14).
93		-	(B) Details on the status of the Indiana universal service
94		-	fund.
95		-	(C) The status of eligible telecommunications carriers for
96		-	purposes of receiving:
97		-	(i) Lifeline reimbursement from the federal universal
98		-	service fund;
99		-	(ii) support to serve rural and high cost areas; and
100		-	(iii) other monetary support from the federal universal
101		-	service fund;
102		-	through the administrator designated by the Federal
103		-	Communications Commission.
104		-	(D) A summary of the video franchise fee reports
105		-	submitted under IC 8-1-34-24.5.
106		-	(E) Any other matters concerning the communications
107		-	services industry the commission considers appropriate.
108		-	(5) Information concerning Indiana's pipeline safety program,
109		-	including the following:
110		-	(A) An update on the activities of the commission's pipeline
111		-	safety division established by IC 8-1-22.5-2.
112		-	(B) An update on activities under IC 8-1-26.
113		-	(C) An update on the underground plant protection
114		-	account established by IC 8-1-26-24.
115		-	(D) Any other matters concerning pipeline safety the
116		-	commission considers appropriate.
117		-	SECTION 2. IC 8-1-2.5-9, AS AMENDED BY P.L.53-2014,
118		-	SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
119		-	JULY 1, 2022]: Sec. 9. (a) As used in this section, "committee" means
120		-	the interim study committee on energy, utilities, and
121		-	telecommunications established by IC 2-5-1.3-4.
122		-	HEA 1111 4
123		-	(b) The committee shall monitor changes and competition in the
124		-	energy utility industry.
125		-	(c) The commission shall before August 15 of each year prepare for
126		-	presentation to the committee an analysis of the effects of competition
127		-	or changes in the energy utility industry on service and on the pricing
128		-	of all energy utility services under the jurisdiction of the commission.
129		-	(d) (c) In addition to reviewing the commission commission's
130		-	annual report prepared under subsection (c), IC 8-1-1-14, the
131		-	committee shall also issue a report and recommendations to the
132		-	legislative council before November 1 of each year that are based on
133		-	a review of the following issues:
134		-	(1) The effects of competition or changes in the energy utility
135		-	industry and the impact of the competition or changes on the
136		-	residential rates.
137		-	(2) The status of modernization of the energy utility facilities in
138		-	Indiana and the incentives required to further enhance this
139		-	infrastructure.
140		-	(3) The effects on economic development of this modernization.
141		-	(4) The traditional method of regulating energy utilities and the
142		-	method's effectiveness.
143		-	(5) The economic and social effectiveness of traditional energy
144		-	utility service pricing.
145		-	(6) The effects of legislation enacted by the United States
146		-	Congress.
147		-	(7) All other energy utility issues the committee considers
148		-	appropriate; however, it is not the intent of this section to provide
149		-	for the review of the statutes cited in section 11 of this chapter.
150		-	The report and recommendations issued under this subsection to the
151		-	legislative council must be in an electronic format under IC 5-14-6.
152		-	(e) (d) This section:
153		-	(1) does not give a party to a collective bargaining agreement any
154		-	greater rights under the agreement than the party had before
155		-	January 1, 1995;
156		-	(2) does not give the committee the authority to order a party to
157		-	a collective bargaining agreement to cancel, terminate, amend, or
158		-	otherwise modify the collective bargaining agreement; and
159		-	(3) may not be implemented by the committee in a way that would
160		-	give a party to a collective bargaining agreement any greater
161		-	rights under the agreement than the party had before January 1,
162		-	1995.
163		-	(f) (e) The committee shall, with the approval of the commission,
164		-	retain independent consultants the committee considers appropriate to
165		-	HEA 1111 5
166		-	assist the committee in the review and study. The expenses for the
167		-	consultants shall be paid with funds from the public utility fees
168		-	assessed under IC 8-1-6.
169		-	SECTION 3. IC 8-1-2.6-4, AS AMENDED BY THE TECHNICAL
170		-	CORRECTIONS BILL OF THE 2022 GENERAL ASSEMBLY, IS
171		-	AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]:
172		-	Sec. 4. (a) As used in this section, "committee" means the interim study
173		-	committee on energy, utilities, and telecommunications established by
174		-	IC 2-5-1.3-4.
175		-	(b) The commission shall, by July 1 of each year, report to the
176		-	committee in an electronic format under IC 5-14-6 on the following:
177		-	(1) The effects of competition and technological change on
178		-	universal service and on pricing of all telecommunications
179		-	services offered in Indiana.
180		-	(2) The status of competition and technological change in the
181		-	provision of video service (as defined in IC 8-1-34-14) available
182		-	to Indiana customers, as including the following information:
183		-	(A) The number of multichannel video programming
184		-	distributors offering video service to Indiana customers.
185		-	(B) The technologies used to provide video service to Indiana
186		-	customers.
187		-	(C) The advertised programming and pricing options offered
188		-	by video service providers to Indiana customers.
189		-	(3) Best practices concerning vertical location of underground
190		-	facilities for purposes of IC 8-1-26. A report under this
191		-	subdivision must address the viability and economic feasibility of
192		-	technologies used to vertically locate underground facilities.
193		-	(c) (b) In addition to reviewing the commission commission's
194		-	annual report prepared under subsection (b), IC 8-1-1-14, the
195		-	committee may also issue a report and recommendations to the
196		-	legislative council by November 1 of each year that is based on a
197		-	review of the following issues:
198		-	(1) The effects of competition and technological change in the
199		-	telecommunications industry and impact of competition on
200		-	available subsidies used to maintain universal service.
201		-	(2) The status of modernization of the publicly available
202		-	telecommunications infrastructure in Indiana and the incentives
203		-	required to further enhance this infrastructure.
204		-	(3) The effects on economic development and educational
205		-	opportunities of the modernization described in subdivision (2).
206		-	(4) The current methods of regulating providers, at both the
207		-	federal and state levels, and the effectiveness of the methods.
208		-	HEA 1111 6
209		-	(5) The economic and social effectiveness of current
210		-	telecommunications service pricing.
211		-	(6) All other telecommunications issues the committee deems
212		-	appropriate.
213		-	The report and recommendations issued under this subsection to the
214		-	legislative council must be in an electronic format under IC 5-14-6.
215		-	(d) (c) The committee shall, with the approval of the commission,
216		-	retain the independent consultants the committee considers appropriate
217		-	to assist the committee in the review and study. The expenses for the
218		-	consultants shall be paid by the commission.
219		-	SECTION 4. IC 8-1-2.6-13, AS AMENDED BY P.L.177-2021,
220		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
221		-	JULY 1, 2022]: Sec. 13. (a) As used in this section, "communications
222		-	service" has the meaning set forth in IC 8-1-32.5-3.
223		-	(b) As used in this section, "communications service provider"
224		-	means a person or an entity that offers communications service to
225		-	customers in Indiana, without regard to the technology or medium used
226		-	by the person or entity to provide the communications service. The
227		-	term includes a provider of commercial mobile service (as defined in
228		-	47 U.S.C. 332).
229		-	(c) Notwithstanding sections 1.2, 1.4, and 1.5 of this chapter, the
230		-	commission may do the following, except as otherwise provided in this
231		-	subsection:
232		-	(1) Enforce the terms of a settlement agreement approved by the
233		-	commission before July 29, 2004. The commission's authority
234		-	under this subdivision continues for the duration of the settlement
235		-	agreement.
236		-	(2) Fulfill the commission's duties under IC 8-1-2.8 concerning
237		-	the provision of dual party relay services to deaf, hard of hearing,
238		-	and speech impaired persons in Indiana.
239		-	(3) Fulfill the commission's responsibilities under IC 8-1-29 to
240		-	adopt and enforce rules to ensure that a customer of a
241		-	telecommunications provider is not:
242		-	(A) switched to another telecommunications provider unless
243		-	the customer authorizes the switch; or
244		-	(B) billed for services by a telecommunications provider that
245		-	without the customer's authorization added the services to the
246		-	customer's service order.
247		-	(4) Fulfill the commission's obligations under:
248		-	(A) the federal Telecommunications Act of 1996 (47 U.S.C.
249		-	151 et seq.); and
250		-	(B) IC 20-20-16;
251		-	HEA 1111 7
252		-	concerning universal service and access to telecommunications
253		-	service and equipment, including the designation of eligible
254		-	telecommunications carriers under 47 U.S.C. 214.
255		-	(5) Perform any of the functions described in section 1.5(b) of this
256		-	chapter.
257		-	(6) Perform the commission's responsibilities under IC 8-1-32.5
258		-	to:
259		-	(A) issue; and
260		-	(B) maintain records of;
261		-	certificates of territorial authority for communications service
262		-	providers offering communications service to customers in
263		-	Indiana.
264		-	(7) Perform the commission's responsibilities under IC 8-1-34
265		-	concerning the issuance of certificates of franchise authority to
266		-	multichannel video programming distributors offering video
267		-	service to Indiana customers.
268		-	(8) Subject to subsection (f), require a communications service
269		-	provider, other than a provider of commercial mobile service (as
270		-	defined in 47 U.S.C. 332), to report to the commission on an
271		-	annual basis, or more frequently at the option of the provider, any
272		-	information needed by the commission to prepare the
273		-	commission's annual report to the interim study committee on
274		-	energy, utilities, and telecommunications under section 4 of this
275		-	chapter. IC 8-1-1-14(c)(4).
276		-	(9) Perform the commission's duties under IC 8-1-32.4 with
277		-	respect to telecommunications providers of last resort, to the
278		-	extent of the authority delegated to the commission under federal
279		-	law to perform those duties.
280		-	(10) Collect and maintain from a communications service
281		-	provider the following information:
282		-	(A) The address of the provider's Internet web site.
283		-	(B) All toll free telephone numbers and other customer service
284		-	telephone numbers maintained by the provider for receiving
285		-	customer inquiries and complaints.
286		-	(C) An address and other contact information for the provider,
287		-	including any telephone number not described in clause (B).
288		-	The commission shall make any information submitted by a
289		-	provider under this subdivision available on the commission's
290		-	Internet web site. The commission may also make available on the
291		-	commission's Internet web site contact information for the Federal
292		-	Communications Commission and the Cellular Telephone
293		-	Industry Association.
294		-	HEA 1111 8
295		-	(11) Fulfill the commission's duties under any state or federal law
296		-	concerning the administration of any universally applicable
297		-	dialing code for any communications service.
298		-	(d) The commission does not have jurisdiction over any of the
299		-	following with respect to a communications service provider:
300		-	(1) Rates and charges for communications service provided by the
301		-	communications service provider, including the filing of
302		-	schedules or tariffs setting forth the provider's rates and charges.
303		-	(2) Depreciation schedules for any of the classes of property
304		-	owned by the communications service provider.
305		-	(3) Quality of service provided by the communications service
306		-	provider.
307		-	(4) Long term financing arrangements or other obligations of the
308		-	communications service provider.
309		-	(5) Except as provided in subsection (c), any other aspect
310		-	regulated by the commission under this title before July 1, 2009.
311		-	(e) The commission has jurisdiction over a communications service
312		-	provider only to the extent that jurisdiction is:
313		-	(1) expressly granted by state or federal law, including:
314		-	(A) a state or federal statute;
315		-	(B) a lawful order or regulation of the Federal
316		-	Communications Commission; or
317		-	(C) an order or a ruling of a state or federal court having
318		-	jurisdiction; or
319		-	(2) necessary to administer a federal law for which regulatory
320		-	responsibility has been delegated to the commission by federal
321		-	law.
322		-	(f) Except as specifically required under state or federal law, or
323		-	except as required to respond to consumer complaints or information
324		-	requests from the general assembly, the commission may not require
325		-	a communications service provider:
326		-	(1) to file a tariff; or
327		-	(2) except for purposes of a petition or request filed or submitted
328		-	to the commission by the communications service provider, to
329		-	report to the commission any information that is:
330		-	(A) available to the public on the communications service
331		-	provider's Internet web site;
332		-	(B) filed with the Federal Communications Commission; or
333		-	(C) otherwise available to the public in any form or at any
334		-	level of detail;
335		-	including the communications service provider's rates, terms, and
336		-	conditions of service.
337		-	HEA 1111 9
338		-	SECTION 5. IC 8-1-30.3-7 IS REPEALED [EFFECTIVE JULY 1,
339		-	2022]. Sec. 7. Not later than October 1 of each year, the commission
340		-	shall submit, in an electronic format under IC 5-14-6 to the interim
341		-	study committee on energy, utilities, and telecommunications, a report
342		-	concerning acquisitions under this chapter.
343		-	SECTION 6. IC 8-1-32.5-6, AS AMENDED BY P.L.73-2020,
344		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
345		-	JULY 1, 2022]: Sec. 6. (a) Except as provided in subsection (c), before
346		-	a communications service provider may offer communications service
347		-	to customers in Indiana, the communications service provider must
348		-	apply to the commission for a certificate of territorial authority. A
349		-	communications service provider that seeks a certificate under this
350		-	chapter shall submit an application on a form prescribed by the
351		-	commission. Subject to subsection (e), the form prescribed by the
352		-	commission must require the communications service provider to
353		-	report the following information:
354		-	(1) The provider's legal name and any name under which the
355		-	provider does or will do business in Indiana, as authorized by the
356		-	secretary of state.
357		-	(2) The provider's address and telephone number, along with
358		-	contact information for the person responsible for ongoing
359		-	communications with the commission.
360		-	(3) The legal name, address, and telephone number of the
361		-	provider's parent company, if any.
362		-	(4) A description of each service area in Indiana in which the
363		-	provider proposes to offer communications service.
364		-	(5) For each service area identified under subdivision (4), a
365		-	description of each type of communications service that the
366		-	provider proposes to offer in the service area.
367		-	(6) For each communications service identified under subdivision
368		-	(5), whether the communications service will be offered to
369		-	residential customers or business customers, or both.
370		-	(7) The expected date of deployment for each communications
371		-	service identified under subdivision (5) in each service area
372		-	identified in subdivision (4).
373		-	(8) A list of other states in which the provider offers
374		-	communications service, including the type of communications
375		-	service offered.
376		-	(9) Any other information the commission considers necessary to:
377		-	(A) monitor the type and availability of communications
378		-	service provided to Indiana customers; and
379		-	(B) prepare under IC 8-1-2.6-4, the commission's annual report
380		-	HEA 1111 10
381		-	to the interim study committee on energy, utilities, and
382		-	telecommunications established by IC 2-5-1.3-4 in an
383		-	electronic format under IC 5-14-6. under IC 8-1-1-14(c)(4).
384		-	The commission may charge a fee for filing an application under this
385		-	section. Any fee charged by the commission under this subsection may
386		-	not exceed the commission's actual costs to process and review the
387		-	application under section 8 of this chapter.
388		-	(b) A communications service provider shall also submit, along with
389		-	the application required by subsection (a), the following documents:
390		-	(1) A certification from the secretary of state authorizing the
391		-	provider to do business in Indiana.
392		-	(2) Information demonstrating the provider's financial,
393		-	managerial, and technical ability to provide each communications
394		-	service identified in the provider's application under subsection
395		-	(a)(5) in each service area identified under subsection (a)(4).
396		-	(3) A statement, signed under penalty of perjury by an officer or
397		-	another person authorized to bind the provider, that affirms the
398		-	following:
399		-	(A) That the provider has filed or will timely file with the
400		-	Federal Communications Commission all forms required by
401		-	the Federal Communications Commission before offering
402		-	communications service in Indiana.
403		-	(B) That the provider agrees to comply with any customer
404		-	notification requirements imposed by the commission under
405		-	section 11(b) of this chapter.
406		-	(C) That the provider agrees to update the information
407		-	provided in the application submitted under subsection (a) on
408		-	a regular basis, as may be required by the commission under
409		-	section 12 of this chapter.
410		-	(D) That the provider agrees to notify the commission when
411		-	the provider commences offering communications service in
412		-	each service area identified in the provider's application under
413		-	subsection (a)(4).
414		-	(E) That the provider agrees to pay any lawful rate or charge
415		-	for switched and special access services, as required under
416		-	any:
417		-	(i) applicable interconnection agreement; or
418		-	(ii) lawful tariff or order approved or issued by a regulatory
419		-	body having jurisdiction.
420		-	(F) That the provider agrees to report, at the times required by
421		-	the commission, any information required by the commission
422		-	under IC 8-1-2.6-13(c)(8).
423		-	HEA 1111 11
424		-	(c) If:
425		-	(1) a communications service provider has been issued a:
426		-	(A) certificate of territorial authority; or
427		-	(B) certificate of public convenience and necessity;
428		-	by the commission before July 1, 2009; and
429		-	(2) the certificate described in subdivision (1) is in effect on July
430		-	1, 2009;
431		-	the communications service provider is not required to submit an
432		-	application under this section for as long as the certificate described in
433		-	subdivision (1) remains in effect. For purposes of this subsection, if a
434		-	corporation organized under IC 8-1-13 (or a corporation organized
435		-	under IC 23-17-1 that is an electric cooperative and that has at least one
436		-	(1) member that is a corporation organized under IC 8-1-13) holds a
437		-	certificate of public convenience and necessity issued by the
438		-	commission before, on, or after July 1, 2009, that certificate may serve
439		-	as the certificate required under this chapter with respect to any
440		-	communications service offered by the corporation, subject to the
441		-	commission's right to require the corporation to provide any
442		-	information that an applicant is otherwise required to submit under
443		-	subsection (a) or that a holder is required to report under
444		-	IC 8-1-2.6-13(c)(8).
445		-	(d) This section does not empower the commission to require an
446		-	applicant for a certificate under this chapter to disclose confidential and
447		-	proprietary business plans and other confidential information without
448		-	adequate protection of the information. The commission shall exercise
449		-	all necessary caution to avoid disclosure of confidential information
450		-	supplied under this section.
451		-	(e) The form prescribed for a communications service provider that
452		-	offers only a service described in IC 8-1-2.6-1.1 must require the
453		-	communications service provider to report and certify the accuracy of
454		-	only the information required under subsection (a)(1) and (a)(2).
455		-	SECTION 7. IC 8-1-34-16, AS AMENDED BY P.L.177-2021,
456		-	SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
457		-	JULY 1, 2022]: Sec. 16. (a) Except as provided in section 21 of this
458		-	chapter, after June 30, 2006:
459		-	(1) the commission is the sole franchising authority (as defined in
460		-	47 U.S.C. 522(10)) for the provision of video service in Indiana;
461		-	and
462		-	(2) a unit may not:
463		-	(A) require a provider to obtain a separate franchise;
464		-	(B) impose any fee, gross receipt tax, licensing requirement,
465		-	rate regulation, or build-out requirement on a provider;
466		-	HEA 1111 12
467		-	(C) regulate a holder or provider; or
468		-	(D) establish, fund, or otherwise designate an agency, a board,
469		-	or another subordinate entity to monitor, supervise, evaluate,
470		-	or regulate the holder or provider;
471		-	except as authorized by this chapter.
472		-	(b) Except as provided in section 21 of this chapter, a person who
473		-	seeks to provide video service in Indiana after June 30, 2006, shall file
474		-	with the commission an application for a franchise. The application
475		-	shall be made on a form prescribed by the commission and must
476		-	include the following:
477		-	(1) A sworn affidavit, signed by an officer or another person
478		-	authorized to bind the applicant, that affirms the following:
479		-	(A) That the applicant has filed or will timely file with the
480		-	Federal Communications Commission all forms required by
481		-	the Federal Communications Commission before offering
482		-	video service in Indiana.
483		-	(B) That the applicant agrees to comply with all federal and
484		-	state statutes, rules, and regulations applicable to the operation
485		-	of the applicant's video service system.
486		-	(C) That the applicant agrees to:
487		-	(i) comply with any local ordinance or regulation governing
488		-	the use of public rights-of-way in the delivery of video
489		-	service; and
490		-	(ii) recognize the police powers of a unit to enforce the
491		-	ordinance or regulation.
492		-	(D) If the applicant will terminate an existing local franchise
493		-	under section 21 of this chapter, that the applicant agrees to
494		-	perform any obligations owed to any private person, as
495		-	required by section 22 of this chapter.
496		-	(2) The applicant's legal name and any name under which the
497		-	applicant does or will do business in Indiana, as authorized by the
498		-	secretary of state.
499		-	(3) The address and telephone number of the applicant's principal
500		-	place of business, along with contact information for the person
501		-	responsible for ongoing communications with the commission.
502		-	(4) The names and titles of the applicant's principal officers.
503		-	(5) The legal name, address, and telephone number of the
504		-	applicant's parent company, if any.
505		-	(6) A description of each service area in Indiana to be served by
506		-	the applicant. A service area described under this subdivision may
507		-	include an unincorporated area in Indiana.
508		-	(7) The expected date for the deployment of video service in each
509		-	HEA 1111 13
510		-	of the areas identified in subdivision (6).
511		-	(8) A list of other states in which the applicant provides video
512		-	service.
513		-	(9) If the applicant will terminate an existing local franchise under
514		-	section 21(b) of this chapter, a copy of the written notice sent to
515		-	the municipality under section 21(c) of this chapter.
516		-	(10) Any other information the commission considers necessary
517		-	to:
518		-	(A) monitor the provision of video service to Indiana
519		-	customers; and
520		-	(B) prepare under IC 8-1-2.6-4, the commission's annual report
521		-	to the interim study committee on energy, utilities, and
522		-	telecommunications established by IC 2-5-1.3-4 in an
523		-	electronic format under IC 5-14-6. under IC 8-1-1-14(c)(4).
524		-	(c) This section does not empower the commission to require:
525		-	(1) an applicant to disclose confidential and proprietary business
526		-	plans and other confidential information without adequate
527		-	protection of the information; or
528		-	(2) a provider to disclose more frequently than in each odd
529		-	numbered year information regarding the areas in which an
530		-	applicant has deployed, or plans to deploy, video services.
531		-	The commission shall exercise all necessary caution to avoid disclosure
532		-	of confidential information supplied under this section.
533		-	(d) The commission may charge a fee for filing an application under
534		-	this section. Any fee charged by the commission under this subsection
535		-	may not exceed the commission's actual costs to process and review the
536		-	application under section 17 of this chapter.
537		-	(e) Nothing in this title may be construed to require an applicant or
538		-	a provider to disclose information that identifies by census block, street
539		-	address, or other similar level of specificity the areas in which the
540		-	applicant or provider has deployed, or plans to deploy, video service in
541		-	Indiana. The commission may not disclose, publish, or report by census
542		-	block, street address, or other similar level of specificity any
543		-	information identifying the areas in Indiana in which an applicant or a
544		-	provider has deployed, or plans to deploy, video service.
545		-	(f) Nothing in this title may be construed to require an applicant or
546		-	provider to provide the commission with information describing the
547		-	applicant's or provider's programming, including the applicant's or
548		-	provider's channel lineups or channel guides.
549		-	SECTION 8. IC 8-1-34-24.5, AS AMENDED BY P.L.53-2014,
550		-	SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
551		-	JULY 1, 2022]: Sec. 24.5. (a) This section applies to any unit that
552		-	HEA 1111 14
553		-	receives franchise fees paid to the unit under:
554		-	(1) a certificate issued by the commission under this chapter; or
555		-	(2) an unexpired local franchise issued by the unit before July 1,
556		-	2006;
557		-	with respect to a particular calendar year.
558		-	(b) For each calendar year, beginning with the calendar year ending
559		-	December 31, 2012, each unit to which this section applies shall
560		-	submit to the commission, on a form or in the manner prescribed by the
561		-	commission, a report that includes the following information for each
562		-	certificate or local franchise in effect in the unit during the calendar
563		-	year for which the report is submitted:
564		-	(1) The amount of franchise fees paid to the unit under the
565		-	certificate or local franchise.
566		-	(2) The account of the unit into which the franchise fees identified
567		-	under subdivision (1) were deposited.
568		-	(3) The purposes for which any franchise fees received by the unit
569		-	during:
570		-	(A) the calendar year for which the report is submitted; or
571		-	(B) a previous calendar year;
572		-	were used or spent by the unit during the calendar year for which
573		-	the report is submitted.
574		-	(4) Any other information or data concerning the receipt and use
575		-	of franchise fees that the commission considers appropriate.
576		-	(c) The commission shall prescribe the form of the report and the
577		-	process, deadlines, and other requirements for submitting the report
578		-	required under this section.
579		-	(d) Upon receiving the annual reports required under this section,
580		-	the commission shall compile and organize the data and information
581		-	contained in the reports. The commission shall include a summary of
582		-	the data and information contained in the reports in the commission's
583		-	annual report on the communications industry provided, under
584		-	IC 8-1-2.6-4, to the interim study committee on energy, utilities, and
585		-	telecommunications established by IC 2-5-1.3-4 in an electronic format
586		-	under IC 5-14-6. IC 8-1-1-14(c)(4). However, this subsection does not
587		-	empower the commission to disclose confidential and proprietary
588		-	business plans and other confidential information without adequate
589		-	protection of the information. The commission shall exercise all
590		-	necessary caution to avoid disclosure of confidential information
591		-	supplied under this section.
592		-	(e) The commission may adopt rules under IC 4-22-2, including
593		-	emergency rules under IC 4-22-2-37.1, to implement this section. An
594		-	emergency rule adopted by the commission under IC 4-22-2-37.1
595		-	HEA 1111 15
596		-	expires on the date a rule that supersedes the emergency rule is adopted
597		-	by the commission under IC 4-22-2-24 through IC 4-22-2-36 and not
598		-	ninety (90) days after the rule is accepted for filing as provided in
599		-	IC 4-22-2-37.1(g). However, any emergency rules adopted by the
600		-	commission under this subsection must take effect by a date that
601		-	enables a unit subject to this section to comply with this section with
602		-	respect to the calendar year ending December 31, 2012.
603		-	SECTION 9. IC 8-1-37-10, AS ADDED BY P.L.150-2011,
604		-	SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
605		-	JULY 1, 2022]: Sec. 10. (a) Subject to subsection (d), the commission
606		-	shall adopt rules under IC 4-22-2 to establish the Indiana voluntary
607		-	clean energy portfolio standard program. The program established
608		-	under this section must be a voluntary program that provides incentives
609		-	to participating electricity suppliers that undertake to supply specified
610		-	percentages of the total electricity supplied to their Indiana retail
611		-	electric customers from clean energy.
612		-	(b) The rules adopted by the commission under this section to
613		-	establish the program must:
614		-	(1) incorporate:
615		-	(A) the CPS goals set forth in section 12(a) of this chapter;
616		-	(B) methods for measuring and evaluating a participating
617		-	electricity supplier's compliance with the CPS goals set forth
618		-	in section 12(a) of this chapter; and
619		-	(C) the financial incentives and periodic rate adjustment
620		-	mechanisms set forth in section 13 of this chapter; and
621		-	(D) the reporting requirements set forth in section 14 of this
622		-	chapter;
623		-	(2) require the commission to determine, before approving an
624		-	application under section 11 of this chapter, that the approval of
625		-	the application will not result in an increase to the retail rates and
626		-	charges of the electricity supplier above what could reasonably be
627		-	expected if the application were not approved;
628		-	(3) take effect not later than January 1, 2012; and
629		-	(4) be consistent with this chapter.
630		-	(c) Upon the effective date of the rules adopted by the commission
631		-	under this section, an electricity supplier may apply to the commission
632		-	under section 11 of this chapter for approval to participate in the
633		-	program.
634		-	(d) The commission may adopt emergency rules under
635		-	IC 4-22-2-37.1 to adopt the rules required by this section. An
636		-	emergency rule adopted by the commission under IC 4-22-2-37.1
637		-	expires on the date a rule that supersedes the emergency rule is adopted
638		-	HEA 1111 16
639		-	by the commission under IC 4-22-2-24 through IC 4-22-2-36.
640		-	SECTION 10. IC 8-1-37-14 IS REPEALED [EFFECTIVE JULY 1,
641		-	2022]. Sec. 14. (a) Beginning in 2014, each participating electricity
642		-	supplier shall report to the commission not later than March 1 of each
643		-	year on the following:
644		-	(1) The participating electricity supplier's efforts, if any, during
645		-	the most recently ended calendar year to meet the CPS goal
646		-	applicable to the most recently ended calendar year.
647		-	(2) The total amount of renewable energy supplied to the
648		-	participating electricity supplier's Indiana retail electric customers
649		-	during the most recently ended calendar year, including a
650		-	breakdown of the following:
651		-	(A) The amount of clean energy generated by facilities owned
652		-	or operated by the participating electricity supplier. The
653		-	participating electricity supplier shall identify each facility by:
654		-	(i) name and location;
655		-	(ii) total generating capacity;
656		-	(iii) total amount of electricity generated at the facility
657		-	during the most recently ended calendar year, including the
658		-	percentage of this amount that was supplied to the
659		-	participating electricity supplier's Indiana retail electric
660		-	customers; and
661		-	(iv) total amount of clean energy generated at the facility
662		-	during the most recently ended calendar year, including the
663		-	percentage of this amount that was supplied to the
664		-	participating electricity supplier's Indiana retail electric
665		-	customers.
666		-	(B) The amount of clean energy purchased from other
667		-	suppliers of clean energy. The participating electricity supplier
668		-	shall identify:
669		-	(i) each supplier from whom clean energy was purchased;
670		-	(ii) the amount of clean energy purchased from each
671		-	supplier;
672		-	(iii) the price paid by the participating electricity supplier for
673		-	the clean energy purchased from each supplier; and
674		-	(iv) to the extent known, the name and location of each
675		-	facility at which the clean energy purchased from each
676		-	supplier was generated.
677		-	(3) The number of CECs purchased by the participating electricity
678		-	supplier during the most recently ended calendar year. The
679		-	participating electricity supplier shall identify:
680		-	(A) each person from whom one (1) or more CECs was
681		-	HEA 1111 17
682		-	purchased;
683		-	(B) the price paid to each person identified in clause (A) for
684		-	the CECs purchased;
685		-	(C) the number of CECs applied, if any, during the most
686		-	recently ended calendar year to meet the CPS goal applicable
687		-	to the most recently ended calendar year; and
688		-	(D) the number of CECs, if any, that the participating
689		-	electricity supplier plans to carry over to the next succeeding
690		-	CPS goal period, as permitted by section 12(f) of this chapter.
691		-	(4) The participating electricity supplier's plans for meeting the
692		-	CPS goal applicable to the calendar year in which the report is
693		-	submitted.
694		-	(5) Advances in clean energy technology that affect activities
695		-	described in subdivisions (1) and (4).
696		-	(6) Any other information that the commission prescribes in rules
697		-	adopted under IC 4-22-2.
698		-	For purposes of this subsection, amounts of clean energy and electricity
699		-	shall be reported in megawatt hours. A participating electricity
700		-	supplier's duty to submit a report under this subsection terminates after
701		-	the participating electricity supplier has submitted the report that
702		-	applies to the calendar year ending December 31, 2025.
703		-	(b) Beginning in 2014, the commission's annual report, under
704		-	IC 8-1-2.5-9(b), to the interim study committee on energy, utilities, and
705		-	telecommunications established by IC 2-5-1.3-4 must include a
706		-	summary of the information provided by participating electricity
707		-	suppliers under subsection (a) with respect to the most recently ended
708		-	calendar year. The commission's duty to include the information
709		-	specified in this subsection in its annual report to the interim study
710		-	committee on energy, utilities, and telecommunications established by
711		-	IC 2-5-1.3-4 terminates after the commission has submitted the
712		-	information that applies to the calendar year ending December 31,
713		-	2025.
714		-	SECTION 11. IC 8-1-40.1 IS ADDED TO THE INDIANA CODE
	49	+	1 SECTION 1. IC 8-1-1-14 IS AMENDED TO READ AS FOLLOWS
	50	+	2 [EFFECTIVE JULY 1, 2022]: Sec. 14. (a) As used in this section,
	51	+	3 "committee" refers to the interim study committee on energy,
	52	+	4 utilities, and telecommunications established by IC 2-5-1.3-4(8).
	53	+	5 (a) (b) The chairman of the commission shall prepare an annual
	54	+	6 report and file it with the governor and the chairman of the legislative
	55	+	7 council before October 1 of each year. The commission shall present
	56	+	8 the annual report to the committee before October 1 of each year.
	57	+	9 A report filed under this subsection with the chairman of the legislative
	58	+	10 council must be in an electronic format under IC 5-14-6. The chairman
	59	+	11 shall include in the annual report information for the fiscal year ending
	60	+	12 June 30 of the year in which the report is due.
	61	+	13 (b) (c) The annual report required under subsection (a) (b) must
	62	+	14 include the following:
	63	+	15 (1) A statement of the commission's revenues by source and
	64	+	16 expenditures by purpose. (2) An update on the operations of the
	65	+	17 commission, including the following:
	66	+	HB 1111—LS 6919/DI 101 2
	67	+	1 (A) Statistics relevant to the workload and operations of the
	68	+	2 commission.
	69	+	3 (B) A statement of the commission's revenues by source
	70	+	4 and expenditures by purpose.
	71	+	5 (3) (C) A description of the commission's goals, legal
	72	+	6 responsibilities, and accomplishments.
	73	+	7 (4) (D) Comments on the state of the commission and the
	74	+	8 various kinds of utilities that it regulates.
	75	+	9 (E) Any other matters that the commission wishes to bring
	76	+	10 to the attention of the governor and the general assembly.
	77	+	11 (5) Suggestions for new legislation and the rationale for any
	78	+	12 proposals.
	79	+	13 (6) Any other matters that the chairman wishes to bring to the
	80	+	14 attention of the governor and the general assembly.
	81	+	15 (7) Any comments or proposals that any member of the
	82	+	16 commission gives to the chairman for inclusion in the annual
	83	+	17 report.
	84	+	18 (2) Information concerning changes or emerging trends in the
	85	+	19 energy utility industry, and the effects of those changes or
	86	+	20 trends on service and on the pricing of all energy utility
	87	+	21 services under the jurisdiction of the commission. The
	88	+	22 information reported under this subdivision must include the
	89	+	23 following:
	90	+	24 (A) The effects of competition or changes in the energy
	91	+	25 utility industry, including the impact on customer rates.
	92	+	26 (B) The status of modernization of the energy utility
	93	+	27 facilities in Indiana and the incentives in place to further
	94	+	28 enhance this infrastructure.
	95	+	29 (C) The effects on economic development of the
	96	+	30 modernization described in clause (B).
	97	+	31 (D) Changes in Indiana's electricity generation mix.
	98	+	32 (E) Any other energy utility matters the commission
	99	+	33 considers appropriate.
	100	+	34 (3) Information concerning changes or emerging trends in the
	101	+	35 water and wastewater utility industries, and the effects of
	102	+	36 those changes or trends on service and on the pricing of all
	103	+	37 water and wastewater utility services under the jurisdiction
	104	+	38 of the commission. The information reported under this
	105	+	39 subdivision must include the following:
	106	+	40 (A) The effects of changes in the water and wastewater
	107	+	41 utility industries, including the impact on customer rates.
	108	+	42 (B) The status of water and wastewater utility
	109	+	HB 1111—LS 6919/DI 101 3
	110	+	1 infrastructure in Indiana and the incentives in place to
	111	+	2 further enhance this infrastructure.
	112	+	3 (C) An update on:
	113	+	4 (i) acquisitions under IC 8-1-30.3;
	114	+	5 (ii) consolidations;
	115	+	6 (iii) regionalization; and
	116	+	7 (iv) service territory disputes;
	117	+	8 involving water and wastewater utilities.
	118	+	9 (D) The nature and extent of the jurisdiction of the
	119	+	10 commission and other state agencies over various types of
	120	+	11 water and wastewater utilities.
	121	+	12 (E) Any other water or wastewater utility matters the
	122	+	13 commission considers appropriate.
	123	+	14 (4) Information concerning the communications services
	124	+	15 industry, including the following:
	125	+	16 (A) The type and availability of communications service
	126	+	17 provided to Indiana customers, including the provision of
	127	+	18 video service (as defined in IC 8-1-34-14).
	128	+	19 (B) Details on the status of the Indiana universal service
	129	+	20 fund.
	130	+	21 (C) The status of eligible telecommunications carriers for
	131	+	22 purposes of receiving:
	132	+	23 (i) Lifeline reimbursement from the federal universal
	133	+	24 service fund;
	134	+	25 (ii) support to serve rural and high cost areas; and
	135	+	26 (iii) other monetary support from the federal universal
	136	+	27 service fund;
	137	+	28 through the administrator designated by the Federal
	138	+	29 Communications Commission.
	139	+	30 (D) A summary of the video franchise fee reports
	140	+	31 submitted under IC 8-1-34-24.5.
	141	+	32 (E) Any other matters concerning the communications
	142	+	33 services industry the commission considers appropriate.
	143	+	34 (5) Information concerning Indiana's pipeline safety program,
	144	+	35 including the following:
	145	+	36 (A) An update on the activities of the commission's pipeline
	146	+	37 safety division established by IC 8-1-22.5-2.
	147	+	38 (B) An update on activities under IC 8-1-26.
	148	+	39 (C) An update on the underground plant protection
	149	+	40 account established by IC 8-1-26-24.
	150	+	41 (D) Any other matters concerning pipeline safety the
	151	+	42 commission considers appropriate.
	152	+	HB 1111—LS 6919/DI 101 4
	153	+	1 SECTION 2. IC 8-1-2.5-9, AS AMENDED BY P.L.53-2014,
	154	+	2 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	155	+	3 JULY 1, 2022]: Sec. 9. (a) As used in this section, "committee" means
	156	+	4 the interim study committee on energy, utilities, and
	157	+	5 telecommunications established by IC 2-5-1.3-4.
	158	+	6 (b) The committee shall monitor changes and competition in the
	159	+	7 energy utility industry.
	160	+	8 (c) The commission shall before August 15 of each year prepare for
	161	+	9 presentation to the committee an analysis of the effects of competition
	162	+	10 or changes in the energy utility industry on service and on the pricing
	163	+	11 of all energy utility services under the jurisdiction of the commission.
	164	+	12 (d) (c) In addition to reviewing the commission commission's
	165	+	13 annual report prepared under subsection (c), IC 8-1-1-14, the
	166	+	14 committee shall also issue a report and recommendations to the
	167	+	15 legislative council before November 1 of each year that are based on
	168	+	16 a review of the following issues:
	169	+	17 (1) The effects of competition or changes in the energy utility
	170	+	18 industry and the impact of the competition or changes on the
	171	+	19 residential rates.
	172	+	20 (2) The status of modernization of the energy utility facilities in
	173	+	21 Indiana and the incentives required to further enhance this
	174	+	22 infrastructure.
	175	+	23 (3) The effects on economic development of this modernization.
	176	+	24 (4) The traditional method of regulating energy utilities and the
	177	+	25 method's effectiveness.
	178	+	26 (5) The economic and social effectiveness of traditional energy
	179	+	27 utility service pricing.
	180	+	28 (6) The effects of legislation enacted by the United States
	181	+	29 Congress.
	182	+	30 (7) All other energy utility issues the committee considers
	183	+	31 appropriate; however, it is not the intent of this section to provide
	184	+	32 for the review of the statutes cited in section 11 of this chapter.
	185	+	33 The report and recommendations issued under this subsection to the
	186	+	34 legislative council must be in an electronic format under IC 5-14-6.
	187	+	35 (e) (d) This section:
	188	+	36 (1) does not give a party to a collective bargaining agreement any
	189	+	37 greater rights under the agreement than the party had before
	190	+	38 January 1, 1995;
	191	+	39 (2) does not give the committee the authority to order a party to
	192	+	40 a collective bargaining agreement to cancel, terminate, amend, or
	193	+	41 otherwise modify the collective bargaining agreement; and
	194	+	42 (3) may not be implemented by the committee in a way that would
	195	+	HB 1111—LS 6919/DI 101 5
	196	+	1 give a party to a collective bargaining agreement any greater
	197	+	2 rights under the agreement than the party had before January 1,
	198	+	3 1995.
	199	+	4 (f) (e) The committee shall, with the approval of the commission,
	200	+	5 retain independent consultants the committee considers appropriate to
	201	+	6 assist the committee in the review and study. The expenses for the
	202	+	7 consultants shall be paid with funds from the public utility fees
	203	+	8 assessed under IC 8-1-6.
	204	+	9 SECTION 3. IC 8-1-2.6-4, AS AMENDED BY THE TECHNICAL
	205	+	10 CORRECTIONS BILL OF THE 2022 GENERAL ASSEMBLY, IS
	206	+	11 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]:
	207	+	12 Sec. 4. (a) As used in this section, "committee" means the interim study
	208	+	13 committee on energy, utilities, and telecommunications established by
	209	+	14 IC 2-5-1.3-4.
	210	+	15 (b) The commission shall, by July 1 of each year, report to the
	211	+	16 committee in an electronic format under IC 5-14-6 on the following:
	212	+	17 (1) The effects of competition and technological change on
	213	+	18 universal service and on pricing of all telecommunications
	214	+	19 services offered in Indiana.
	215	+	20 (2) The status of competition and technological change in the
	216	+	21 provision of video service (as defined in IC 8-1-34-14) available
	217	+	22 to Indiana customers, as including the following information:
	218	+	23 (A) The number of multichannel video programming
	219	+	24 distributors offering video service to Indiana customers.
	220	+	25 (B) The technologies used to provide video service to Indiana
	221	+	26 customers.
	222	+	27 (C) The advertised programming and pricing options offered
	223	+	28 by video service providers to Indiana customers.
	224	+	29 (3) Best practices concerning vertical location of underground
	225	+	30 facilities for purposes of IC 8-1-26. A report under this
	226	+	31 subdivision must address the viability and economic feasibility of
	227	+	32 technologies used to vertically locate underground facilities.
	228	+	33 (c) (b) In addition to reviewing the commission commission's
	229	+	34 annual report prepared under subsection (b), IC 8-1-1-14, the
	230	+	35 committee may also issue a report and recommendations to the
	231	+	36 legislative council by November 1 of each year that is based on a
	232	+	37 review of the following issues:
	233	+	38 (1) The effects of competition and technological change in the
	234	+	39 telecommunications industry and impact of competition on
	235	+	40 available subsidies used to maintain universal service.
	236	+	41 (2) The status of modernization of the publicly available
	237	+	42 telecommunications infrastructure in Indiana and the incentives
	238	+	HB 1111—LS 6919/DI 101 6
	239	+	1 required to further enhance this infrastructure.
	240	+	2 (3) The effects on economic development and educational
	241	+	3 opportunities of the modernization described in subdivision (2).
	242	+	4 (4) The current methods of regulating providers, at both the
	243	+	5 federal and state levels, and the effectiveness of the methods.
	244	+	6 (5) The economic and social effectiveness of current
	245	+	7 telecommunications service pricing.
	246	+	8 (6) All other telecommunications issues the committee deems
	247	+	9 appropriate.
	248	+	10 The report and recommendations issued under this subsection to the
	249	+	11 legislative council must be in an electronic format under IC 5-14-6.
	250	+	12 (d) (c) The committee shall, with the approval of the commission,
	251	+	13 retain the independent consultants the committee considers appropriate
	252	+	14 to assist the committee in the review and study. The expenses for the
	253	+	15 consultants shall be paid by the commission.
	254	+	16 SECTION 4. IC 8-1-2.6-13, AS AMENDED BY P.L.177-2021,
	255	+	17 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	256	+	18 JULY 1, 2022]: Sec. 13. (a) As used in this section, "communications
	257	+	19 service" has the meaning set forth in IC 8-1-32.5-3.
	258	+	20 (b) As used in this section, "communications service provider"
	259	+	21 means a person or an entity that offers communications service to
	260	+	22 customers in Indiana, without regard to the technology or medium used
	261	+	23 by the person or entity to provide the communications service. The
	262	+	24 term includes a provider of commercial mobile service (as defined in
	263	+	25 47 U.S.C. 332).
	264	+	26 (c) Notwithstanding sections 1.2, 1.4, and 1.5 of this chapter, the
	265	+	27 commission may do the following, except as otherwise provided in this
	266	+	28 subsection:
	267	+	29 (1) Enforce the terms of a settlement agreement approved by the
	268	+	30 commission before July 29, 2004. The commission's authority
	269	+	31 under this subdivision continues for the duration of the settlement
	270	+	32 agreement.
	271	+	33 (2) Fulfill the commission's duties under IC 8-1-2.8 concerning
	272	+	34 the provision of dual party relay services to deaf, hard of hearing,
	273	+	35 and speech impaired persons in Indiana.
	274	+	36 (3) Fulfill the commission's responsibilities under IC 8-1-29 to
	275	+	37 adopt and enforce rules to ensure that a customer of a
	276	+	38 telecommunications provider is not:
	277	+	39 (A) switched to another telecommunications provider unless
	278	+	40 the customer authorizes the switch; or
	279	+	41 (B) billed for services by a telecommunications provider that
	280	+	42 without the customer's authorization added the services to the
	281	+	HB 1111—LS 6919/DI 101 7
	282	+	1 customer's service order.
	283	+	2 (4) Fulfill the commission's obligations under:
	284	+	3 (A) the federal Telecommunications Act of 1996 (47 U.S.C.
	285	+	4 151 et seq.); and
	286	+	5 (B) IC 20-20-16;
	287	+	6 concerning universal service and access to telecommunications
	288	+	7 service and equipment, including the designation of eligible
	289	+	8 telecommunications carriers under 47 U.S.C. 214.
	290	+	9 (5) Perform any of the functions described in section 1.5(b) of this
	291	+	10 chapter.
	292	+	11 (6) Perform the commission's responsibilities under IC 8-1-32.5
	293	+	12 to:
	294	+	13 (A) issue; and
	295	+	14 (B) maintain records of;
	296	+	15 certificates of territorial authority for communications service
	297	+	16 providers offering communications service to customers in
	298	+	17 Indiana.
	299	+	18 (7) Perform the commission's responsibilities under IC 8-1-34
	300	+	19 concerning the issuance of certificates of franchise authority to
	301	+	20 multichannel video programming distributors offering video
	302	+	21 service to Indiana customers.
	303	+	22 (8) Subject to subsection (f), require a communications service
	304	+	23 provider, other than a provider of commercial mobile service (as
	305	+	24 defined in 47 U.S.C. 332), to report to the commission on an
	306	+	25 annual basis, or more frequently at the option of the provider, any
	307	+	26 information needed by the commission to prepare the
	308	+	27 commission's annual report to the interim study committee on
	309	+	28 energy, utilities, and telecommunications under section 4 of this
	310	+	29 chapter. IC 8-1-1-14(c)(4).
	311	+	30 (9) Perform the commission's duties under IC 8-1-32.4 with
	312	+	31 respect to telecommunications providers of last resort, to the
	313	+	32 extent of the authority delegated to the commission under federal
	314	+	33 law to perform those duties.
	315	+	34 (10) Collect and maintain from a communications service
	316	+	35 provider the following information:
	317	+	36 (A) The address of the provider's Internet web site.
	318	+	37 (B) All toll free telephone numbers and other customer service
	319	+	38 telephone numbers maintained by the provider for receiving
	320	+	39 customer inquiries and complaints.
	321	+	40 (C) An address and other contact information for the provider,
	322	+	41 including any telephone number not described in clause (B).
	323	+	42 The commission shall make any information submitted by a
	324	+	HB 1111—LS 6919/DI 101 8
	325	+	1 provider under this subdivision available on the commission's
	326	+	2 Internet web site. The commission may also make available on the
	327	+	3 commission's Internet web site contact information for the Federal
	328	+	4 Communications Commission and the Cellular Telephone
	329	+	5 Industry Association.
	330	+	6 (11) Fulfill the commission's duties under any state or federal law
	331	+	7 concerning the administration of any universally applicable
	332	+	8 dialing code for any communications service.
	333	+	9 (d) The commission does not have jurisdiction over any of the
	334	+	10 following with respect to a communications service provider:
	335	+	11 (1) Rates and charges for communications service provided by the
	336	+	12 communications service provider, including the filing of
	337	+	13 schedules or tariffs setting forth the provider's rates and charges.
	338	+	14 (2) Depreciation schedules for any of the classes of property
	339	+	15 owned by the communications service provider.
	340	+	16 (3) Quality of service provided by the communications service
	341	+	17 provider.
	342	+	18 (4) Long term financing arrangements or other obligations of the
	343	+	19 communications service provider.
	344	+	20 (5) Except as provided in subsection (c), any other aspect
	345	+	21 regulated by the commission under this title before July 1, 2009.
	346	+	22 (e) The commission has jurisdiction over a communications service
	347	+	23 provider only to the extent that jurisdiction is:
	348	+	24 (1) expressly granted by state or federal law, including:
	349	+	25 (A) a state or federal statute;
	350	+	26 (B) a lawful order or regulation of the Federal
	351	+	27 Communications Commission; or
	352	+	28 (C) an order or a ruling of a state or federal court having
	353	+	29 jurisdiction; or
	354	+	30 (2) necessary to administer a federal law for which regulatory
	355	+	31 responsibility has been delegated to the commission by federal
	356	+	32 law.
	357	+	33 (f) Except as specifically required under state or federal law, or
	358	+	34 except as required to respond to consumer complaints or information
	359	+	35 requests from the general assembly, the commission may not require
	360	+	36 a communications service provider:
	361	+	37 (1) to file a tariff; or
	362	+	38 (2) except for purposes of a petition or request filed or submitted
	363	+	39 to the commission by the communications service provider, to
	364	+	40 report to the commission any information that is:
	365	+	41 (A) available to the public on the communications service
	366	+	42 provider's Internet web site;
	367	+	HB 1111—LS 6919/DI 101 9
	368	+	1 (B) filed with the Federal Communications Commission; or
	369	+	2 (C) otherwise available to the public in any form or at any
	370	+	3 level of detail;
	371	+	4 including the communications service provider's rates, terms, and
	372	+	5 conditions of service.
	373	+	6 SECTION 5. IC 8-1-30.3-7 IS REPEALED [EFFECTIVE JULY 1,
	374	+	7 2022]. Sec. 7. Not later than October 1 of each year, the commission
	375	+	8 shall submit, in an electronic format under IC 5-14-6 to the interim
	376	+	9 study committee on energy, utilities, and telecommunications, a report
	377	+	10 concerning acquisitions under this chapter.
	378	+	11 SECTION 6. IC 8-1-32.5-6, AS AMENDED BY P.L.73-2020,
	379	+	12 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	380	+	13 JULY 1, 2022]: Sec. 6. (a) Except as provided in subsection (c), before
	381	+	14 a communications service provider may offer communications service
	382	+	15 to customers in Indiana, the communications service provider must
	383	+	16 apply to the commission for a certificate of territorial authority. A
	384	+	17 communications service provider that seeks a certificate under this
	385	+	18 chapter shall submit an application on a form prescribed by the
	386	+	19 commission. Subject to subsection (e), the form prescribed by the
	387	+	20 commission must require the communications service provider to
	388	+	21 report the following information:
	389	+	22 (1) The provider's legal name and any name under which the
	390	+	23 provider does or will do business in Indiana, as authorized by the
	391	+	24 secretary of state.
	392	+	25 (2) The provider's address and telephone number, along with
	393	+	26 contact information for the person responsible for ongoing
	394	+	27 communications with the commission.
	395	+	28 (3) The legal name, address, and telephone number of the
	396	+	29 provider's parent company, if any.
	397	+	30 (4) A description of each service area in Indiana in which the
	398	+	31 provider proposes to offer communications service.
	399	+	32 (5) For each service area identified under subdivision (4), a
	400	+	33 description of each type of communications service that the
	401	+	34 provider proposes to offer in the service area.
	402	+	35 (6) For each communications service identified under subdivision
	403	+	36 (5), whether the communications service will be offered to
	404	+	37 residential customers or business customers, or both.
	405	+	38 (7) The expected date of deployment for each communications
	406	+	39 service identified under subdivision (5) in each service area
	407	+	40 identified in subdivision (4).
	408	+	41 (8) A list of other states in which the provider offers
	409	+	42 communications service, including the type of communications
	410	+	HB 1111—LS 6919/DI 101 10
	411	+	1 service offered.
	412	+	2 (9) Any other information the commission considers necessary to:
	413	+	3 (A) monitor the type and availability of communications
	414	+	4 service provided to Indiana customers; and
	415	+	5 (B) prepare under IC 8-1-2.6-4, the commission's annual report
	416	+	6 to the interim study committee on energy, utilities, and
	417	+	7 telecommunications established by IC 2-5-1.3-4 in an
	418	+	8 electronic format under IC 5-14-6. under IC 8-1-1-14(c)(4).
	419	+	9 The commission may charge a fee for filing an application under this
	420	+	10 section. Any fee charged by the commission under this subsection may
	421	+	11 not exceed the commission's actual costs to process and review the
	422	+	12 application under section 8 of this chapter.
	423	+	13 (b) A communications service provider shall also submit, along with
	424	+	14 the application required by subsection (a), the following documents:
	425	+	15 (1) A certification from the secretary of state authorizing the
	426	+	16 provider to do business in Indiana.
	427	+	17 (2) Information demonstrating the provider's financial,
	428	+	18 managerial, and technical ability to provide each communications
	429	+	19 service identified in the provider's application under subsection
	430	+	20 (a)(5) in each service area identified under subsection (a)(4).
	431	+	21 (3) A statement, signed under penalty of perjury by an officer or
	432	+	22 another person authorized to bind the provider, that affirms the
	433	+	23 following:
	434	+	24 (A) That the provider has filed or will timely file with the
	435	+	25 Federal Communications Commission all forms required by
	436	+	26 the Federal Communications Commission before offering
	437	+	27 communications service in Indiana.
	438	+	28 (B) That the provider agrees to comply with any customer
	439	+	29 notification requirements imposed by the commission under
	440	+	30 section 11(b) of this chapter.
	441	+	31 (C) That the provider agrees to update the information
	442	+	32 provided in the application submitted under subsection (a) on
	443	+	33 a regular basis, as may be required by the commission under
	444	+	34 section 12 of this chapter.
	445	+	35 (D) That the provider agrees to notify the commission when
	446	+	36 the provider commences offering communications service in
	447	+	37 each service area identified in the provider's application under
	448	+	38 subsection (a)(4).
	449	+	39 (E) That the provider agrees to pay any lawful rate or charge
	450	+	40 for switched and special access services, as required under
	451	+	41 any:
	452	+	42 (i) applicable interconnection agreement; or
	453	+	HB 1111—LS 6919/DI 101 11
	454	+	1 (ii) lawful tariff or order approved or issued by a regulatory
	455	+	2 body having jurisdiction.
	456	+	3 (F) That the provider agrees to report, at the times required by
	457	+	4 the commission, any information required by the commission
	458	+	5 under IC 8-1-2.6-13(c)(8).
	459	+	6 (c) If:
	460	+	7 (1) a communications service provider has been issued a:
	461	+	8 (A) certificate of territorial authority; or
	462	+	9 (B) certificate of public convenience and necessity;
	463	+	10 by the commission before July 1, 2009; and
	464	+	11 (2) the certificate described in subdivision (1) is in effect on July
	465	+	12 1, 2009;
	466	+	13 the communications service provider is not required to submit an
	467	+	14 application under this section for as long as the certificate described in
	468	+	15 subdivision (1) remains in effect. For purposes of this subsection, if a
	469	+	16 corporation organized under IC 8-1-13 (or a corporation organized
	470	+	17 under IC 23-17-1 that is an electric cooperative and that has at least one
	471	+	18 (1) member that is a corporation organized under IC 8-1-13) holds a
	472	+	19 certificate of public convenience and necessity issued by the
	473	+	20 commission before, on, or after July 1, 2009, that certificate may serve
	474	+	21 as the certificate required under this chapter with respect to any
	475	+	22 communications service offered by the corporation, subject to the
	476	+	23 commission's right to require the corporation to provide any
	477	+	24 information that an applicant is otherwise required to submit under
	478	+	25 subsection (a) or that a holder is required to report under
	479	+	26 IC 8-1-2.6-13(c)(8).
	480	+	27 (d) This section does not empower the commission to require an
	481	+	28 applicant for a certificate under this chapter to disclose confidential and
	482	+	29 proprietary business plans and other confidential information without
	483	+	30 adequate protection of the information. The commission shall exercise
	484	+	31 all necessary caution to avoid disclosure of confidential information
	485	+	32 supplied under this section.
	486	+	33 (e) The form prescribed for a communications service provider that
	487	+	34 offers only a service described in IC 8-1-2.6-1.1 must require the
	488	+	35 communications service provider to report and certify the accuracy of
	489	+	36 only the information required under subsection (a)(1) and (a)(2).
	490	+	37 SECTION 7. IC 8-1-34-16, AS AMENDED BY P.L.177-2021,
	491	+	38 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	492	+	39 JULY 1, 2022]: Sec. 16. (a) Except as provided in section 21 of this
	493	+	40 chapter, after June 30, 2006:
	494	+	41 (1) the commission is the sole franchising authority (as defined in
	495	+	42 47 U.S.C. 522(10)) for the provision of video service in Indiana;
	496	+	HB 1111—LS 6919/DI 101 12
	497	+	1 and
	498	+	2 (2) a unit may not:
	499	+	3 (A) require a provider to obtain a separate franchise;
	500	+	4 (B) impose any fee, gross receipt tax, licensing requirement,
	501	+	5 rate regulation, or build-out requirement on a provider;
	502	+	6 (C) regulate a holder or provider; or
	503	+	7 (D) establish, fund, or otherwise designate an agency, a board,
	504	+	8 or another subordinate entity to monitor, supervise, evaluate,
	505	+	9 or regulate the holder or provider;
	506	+	10 except as authorized by this chapter.
	507	+	11 (b) Except as provided in section 21 of this chapter, a person who
	508	+	12 seeks to provide video service in Indiana after June 30, 2006, shall file
	509	+	13 with the commission an application for a franchise. The application
	510	+	14 shall be made on a form prescribed by the commission and must
	511	+	15 include the following:
	512	+	16 (1) A sworn affidavit, signed by an officer or another person
	513	+	17 authorized to bind the applicant, that affirms the following:
	514	+	18 (A) That the applicant has filed or will timely file with the
	515	+	19 Federal Communications Commission all forms required by
	516	+	20 the Federal Communications Commission before offering
	517	+	21 video service in Indiana.
	518	+	22 (B) That the applicant agrees to comply with all federal and
	519	+	23 state statutes, rules, and regulations applicable to the operation
	520	+	24 of the applicant's video service system.
	521	+	25 (C) That the applicant agrees to:
	522	+	26 (i) comply with any local ordinance or regulation governing
	523	+	27 the use of public rights-of-way in the delivery of video
	524	+	28 service; and
	525	+	29 (ii) recognize the police powers of a unit to enforce the
	526	+	30 ordinance or regulation.
	527	+	31 (D) If the applicant will terminate an existing local franchise
	528	+	32 under section 21 of this chapter, that the applicant agrees to
	529	+	33 perform any obligations owed to any private person, as
	530	+	34 required by section 22 of this chapter.
	531	+	35 (2) The applicant's legal name and any name under which the
	532	+	36 applicant does or will do business in Indiana, as authorized by the
	533	+	37 secretary of state.
	534	+	38 (3) The address and telephone number of the applicant's principal
	535	+	39 place of business, along with contact information for the person
	536	+	40 responsible for ongoing communications with the commission.
	537	+	41 (4) The names and titles of the applicant's principal officers.
	538	+	42 (5) The legal name, address, and telephone number of the
	539	+	HB 1111—LS 6919/DI 101 13
	540	+	1 applicant's parent company, if any.
	541	+	2 (6) A description of each service area in Indiana to be served by
	542	+	3 the applicant. A service area described under this subdivision may
	543	+	4 include an unincorporated area in Indiana.
	544	+	5 (7) The expected date for the deployment of video service in each
	545	+	6 of the areas identified in subdivision (6).
	546	+	7 (8) A list of other states in which the applicant provides video
	547	+	8 service.
	548	+	9 (9) If the applicant will terminate an existing local franchise under
	549	+	10 section 21(b) of this chapter, a copy of the written notice sent to
	550	+	11 the municipality under section 21(c) of this chapter.
	551	+	12 (10) Any other information the commission considers necessary
	552	+	13 to:
	553	+	14 (A) monitor the provision of video service to Indiana
	554	+	15 customers; and
	555	+	16 (B) prepare under IC 8-1-2.6-4, the commission's annual report
	556	+	17 to the interim study committee on energy, utilities, and
	557	+	18 telecommunications established by IC 2-5-1.3-4 in an
	558	+	19 electronic format under IC 5-14-6. under IC 8-1-1-14(c)(4).
	559	+	20 (c) This section does not empower the commission to require:
	560	+	21 (1) an applicant to disclose confidential and proprietary business
	561	+	22 plans and other confidential information without adequate
	562	+	23 protection of the information; or
	563	+	24 (2) a provider to disclose more frequently than in each odd
	564	+	25 numbered year information regarding the areas in which an
	565	+	26 applicant has deployed, or plans to deploy, video services.
	566	+	27 The commission shall exercise all necessary caution to avoid disclosure
	567	+	28 of confidential information supplied under this section.
	568	+	29 (d) The commission may charge a fee for filing an application under
	569	+	30 this section. Any fee charged by the commission under this subsection
	570	+	31 may not exceed the commission's actual costs to process and review the
	571	+	32 application under section 17 of this chapter.
	572	+	33 (e) Nothing in this title may be construed to require an applicant or
	573	+	34 a provider to disclose information that identifies by census block, street
	574	+	35 address, or other similar level of specificity the areas in which the
	575	+	36 applicant or provider has deployed, or plans to deploy, video service in
	576	+	37 Indiana. The commission may not disclose, publish, or report by census
	577	+	38 block, street address, or other similar level of specificity any
	578	+	39 information identifying the areas in Indiana in which an applicant or a
	579	+	40 provider has deployed, or plans to deploy, video service.
	580	+	41 (f) Nothing in this title may be construed to require an applicant or
	581	+	42 provider to provide the commission with information describing the
	582	+	HB 1111—LS 6919/DI 101 14
	583	+	1 applicant's or provider's programming, including the applicant's or
	584	+	2 provider's channel lineups or channel guides.
	585	+	3 SECTION 8. IC 8-1-34-24.5, AS AMENDED BY P.L.53-2014,
	586	+	4 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	587	+	5 JULY 1, 2022]: Sec. 24.5. (a) This section applies to any unit that
	588	+	6 receives franchise fees paid to the unit under:
	589	+	7 (1) a certificate issued by the commission under this chapter; or
	590	+	8 (2) an unexpired local franchise issued by the unit before July 1,
	591	+	9 2006;
	592	+	10 with respect to a particular calendar year.
	593	+	11 (b) For each calendar year, beginning with the calendar year ending
	594	+	12 December 31, 2012, each unit to which this section applies shall
	595	+	13 submit to the commission, on a form or in the manner prescribed by the
	596	+	14 commission, a report that includes the following information for each
	597	+	15 certificate or local franchise in effect in the unit during the calendar
	598	+	16 year for which the report is submitted:
	599	+	17 (1) The amount of franchise fees paid to the unit under the
	600	+	18 certificate or local franchise.
	601	+	19 (2) The account of the unit into which the franchise fees identified
	602	+	20 under subdivision (1) were deposited.
	603	+	21 (3) The purposes for which any franchise fees received by the unit
	604	+	22 during:
	605	+	23 (A) the calendar year for which the report is submitted; or
	606	+	24 (B) a previous calendar year;
	607	+	25 were used or spent by the unit during the calendar year for which
	608	+	26 the report is submitted.
	609	+	27 (4) Any other information or data concerning the receipt and use
	610	+	28 of franchise fees that the commission considers appropriate.
	611	+	29 (c) The commission shall prescribe the form of the report and the
	612	+	30 process, deadlines, and other requirements for submitting the report
	613	+	31 required under this section.
	614	+	32 (d) Upon receiving the annual reports required under this section,
	615	+	33 the commission shall compile and organize the data and information
	616	+	34 contained in the reports. The commission shall include a summary of
	617	+	35 the data and information contained in the reports in the commission's
	618	+	36 annual report on the communications industry provided, under
	619	+	37 IC 8-1-2.6-4, to the interim study committee on energy, utilities, and
	620	+	38 telecommunications established by IC 2-5-1.3-4 in an electronic format
	621	+	39 under IC 5-14-6. IC 8-1-1-14(c)(4). However, this subsection does not
	622	+	40 empower the commission to disclose confidential and proprietary
	623	+	41 business plans and other confidential information without adequate
	624	+	42 protection of the information. The commission shall exercise all
	625	+	HB 1111—LS 6919/DI 101 15
	626	+	1 necessary caution to avoid disclosure of confidential information
	627	+	2 supplied under this section.
	628	+	3 (e) The commission may adopt rules under IC 4-22-2, including
	629	+	4 emergency rules under IC 4-22-2-37.1, to implement this section. An
	630	+	5 emergency rule adopted by the commission under IC 4-22-2-37.1
	631	+	6 expires on the date a rule that supersedes the emergency rule is adopted
	632	+	7 by the commission under IC 4-22-2-24 through IC 4-22-2-36 and not
	633	+	8 ninety (90) days after the rule is accepted for filing as provided in
	634	+	9 IC 4-22-2-37.1(g). However, any emergency rules adopted by the
	635	+	10 commission under this subsection must take effect by a date that
	636	+	11 enables a unit subject to this section to comply with this section with
	637	+	12 respect to the calendar year ending December 31, 2012.
	638	+	13 SECTION 9. IC 8-1-37-10, AS ADDED BY P.L.150-2011,
	639	+	14 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	640	+	15 JULY 1, 2022]: Sec. 10. (a) Subject to subsection (d), the commission
	641	+	16 shall adopt rules under IC 4-22-2 to establish the Indiana voluntary
	642	+	17 clean energy portfolio standard program. The program established
	643	+	18 under this section must be a voluntary program that provides incentives
	644	+	19 to participating electricity suppliers that undertake to supply specified
	645	+	20 percentages of the total electricity supplied to their Indiana retail
	646	+	21 electric customers from clean energy.
	647	+	22 (b) The rules adopted by the commission under this section to
	648	+	23 establish the program must:
	649	+	24 (1) incorporate:
	650	+	25 (A) the CPS goals set forth in section 12(a) of this chapter;
	651	+	26 (B) methods for measuring and evaluating a participating
	652	+	27 electricity supplier's compliance with the CPS goals set forth
	653	+	28 in section 12(a) of this chapter; and
	654	+	29 (C) the financial incentives and periodic rate adjustment
	655	+	30 mechanisms set forth in section 13 of this chapter; and
	656	+	31 (D) the reporting requirements set forth in section 14 of this
	657	+	32 chapter;
	658	+	33 (2) require the commission to determine, before approving an
	659	+	34 application under section 11 of this chapter, that the approval of
	660	+	35 the application will not result in an increase to the retail rates and
	661	+	36 charges of the electricity supplier above what could reasonably be
	662	+	37 expected if the application were not approved;
	663	+	38 (3) take effect not later than January 1, 2012; and
	664	+	39 (4) be consistent with this chapter.
	665	+	40 (c) Upon the effective date of the rules adopted by the commission
	666	+	41 under this section, an electricity supplier may apply to the commission
	667	+	42 under section 11 of this chapter for approval to participate in the
	668	+	HB 1111—LS 6919/DI 101 16
	669	+	1 program.
	670	+	2 (d) The commission may adopt emergency rules under
	671	+	3 IC 4-22-2-37.1 to adopt the rules required by this section. An
	672	+	4 emergency rule adopted by the commission under IC 4-22-2-37.1
	673	+	5 expires on the date a rule that supersedes the emergency rule is adopted
	674	+	6 by the commission under IC 4-22-2-24 through IC 4-22-2-36.
	675	+	7 SECTION 10. IC 8-1-37-14 IS REPEALED [EFFECTIVE JULY 1,
	676	+	8 2022]. Sec. 14. (a) Beginning in 2014, each participating electricity
	677	+	9 supplier shall report to the commission not later than March 1 of each
	678	+	10 year on the following:
	679	+	11 (1) The participating electricity supplier's efforts, if any, during
	680	+	12 the most recently ended calendar year to meet the CPS goal
	681	+	13 applicable to the most recently ended calendar year.
	682	+	14 (2) The total amount of renewable energy supplied to the
	683	+	15 participating electricity supplier's Indiana retail electric customers
	684	+	16 during the most recently ended calendar year, including a
	685	+	17 breakdown of the following:
	686	+	18 (A) The amount of clean energy generated by facilities owned
	687	+	19 or operated by the participating electricity supplier. The
	688	+	20 participating electricity supplier shall identify each facility by:
	689	+	21 (i) name and location;
	690	+	22 (ii) total generating capacity;
	691	+	23 (iii) total amount of electricity generated at the facility
	692	+	24 during the most recently ended calendar year, including the
	693	+	25 percentage of this amount that was supplied to the
	694	+	26 participating electricity supplier's Indiana retail electric
	695	+	27 customers; and
	696	+	28 (iv) total amount of clean energy generated at the facility
	697	+	29 during the most recently ended calendar year, including the
	698	+	30 percentage of this amount that was supplied to the
	699	+	31 participating electricity supplier's Indiana retail electric
	700	+	32 customers.
	701	+	33 (B) The amount of clean energy purchased from other
	702	+	34 suppliers of clean energy. The participating electricity supplier
	703	+	35 shall identify:
	704	+	36 (i) each supplier from whom clean energy was purchased;
	705	+	37 (ii) the amount of clean energy purchased from each
	706	+	38 supplier;
	707	+	39 (iii) the price paid by the participating electricity supplier for
	708	+	40 the clean energy purchased from each supplier; and
	709	+	41 (iv) to the extent known, the name and location of each
	710	+	42 facility at which the clean energy purchased from each
	711	+	HB 1111—LS 6919/DI 101 17
	712	+	1 supplier was generated.
	713	+	2 (3) The number of CECs purchased by the participating electricity
	714	+	3 supplier during the most recently ended calendar year. The
	715	+	4 participating electricity supplier shall identify:
	716	+	5 (A) each person from whom one (1) or more CECs was
	717	+	6 purchased;
	718	+	7 (B) the price paid to each person identified in clause (A) for
	719	+	8 the CECs purchased;
	720	+	9 (C) the number of CECs applied, if any, during the most
	721	+	10 recently ended calendar year to meet the CPS goal applicable
	722	+	11 to the most recently ended calendar year; and
	723	+	12 (D) the number of CECs, if any, that the participating
	724	+	13 electricity supplier plans to carry over to the next succeeding
	725	+	14 CPS goal period, as permitted by section 12(f) of this chapter.
	726	+	15 (4) The participating electricity supplier's plans for meeting the
	727	+	16 CPS goal applicable to the calendar year in which the report is
	728	+	17 submitted.
	729	+	18 (5) Advances in clean energy technology that affect activities
	730	+	19 described in subdivisions (1) and (4).
	731	+	20 (6) Any other information that the commission prescribes in rules
	732	+	21 adopted under IC 4-22-2.
	733	+	22 For purposes of this subsection, amounts of clean energy and electricity
	734	+	23 shall be reported in megawatt hours. A participating electricity
	735	+	24 supplier's duty to submit a report under this subsection terminates after
	736	+	25 the participating electricity supplier has submitted the report that
	737	+	26 applies to the calendar year ending December 31, 2025.
	738	+	27 (b) Beginning in 2014, the commission's annual report, under
	739	+	28 IC 8-1-2.5-9(b), to the interim study committee on energy, utilities, and
	740	+	29 telecommunications established by IC 2-5-1.3-4 must include a
	741	+	30 summary of the information provided by participating electricity
	742	+	31 suppliers under subsection (a) with respect to the most recently ended
	743	+	32 calendar year. The commission's duty to include the information
	744	+	33 specified in this subsection in its annual report to the interim study
	745	+	34 committee on energy, utilities, and telecommunications established by
	746	+	35 IC 2-5-1.3-4 terminates after the commission has submitted the
	747	+	36 information that applies to the calendar year ending December 31,
	748	+	37 2025.
	749	+	38 SECTION 11. IC 8-1-40.1 IS ADDED TO THE INDIANA CODE
	750	+	39 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	751	+	40 UPON PASSAGE]:
	752	+	41 Chapter 40.1. Rulemaking to Implement Federal Energy
	753	+	42 Regulatory Commission Order
	754	+	HB 1111—LS 6919/DI 101 18
	755	+	1 Sec. 1. As used in this chapter, "commission" refers to the
	756	+	2 Indiana utility regulatory commission created by IC 8-1-1-2.
	757	+	3 Sec. 2. As used in this chapter, "distributed energy resource"
	758	+	4 means any resource located on the distribution system of an
	759	+	5 electricity supplier, on any subsystem of an electricity supplier, or
	760	+	6 behind an electricity supplier's customer's meter, including any of
	761	+	7 the following:
	762	+	8 (1) Electric storage resources.
	763	+	9 (2) Intermittent generation.
	764	+	10 (3) Distributed generation.
	765	+	11 (4) Demand response.
	766	+	12 (5) Energy efficiency.
	767	+	13 (6) Thermal storage.
	768	+	14 (7) Electric vehicles and their supply equipment.
	769	+	15 Sec. 3. As used in this chapter, "distributed energy resource
	770	+	16 aggregator" means a person that aggregates one (1) or more
	771	+	17 distributed energy resources for purposes of participating in one
	772	+	18 (1) or more of the capacity, energy, or ancillary service markets of
	773	+	19 a regional transmission organization.
	774	+	20 Sec. 4. The commission shall adopt rules that the commission
	775	+	21 determines to be necessary to implement Federal Energy
	776	+	22 Regulatory Commission Order No. 2222 concerning distributed
	777	+	23 energy resources and distributed energy resource aggregators.
	778	+	24 Sec. 5. Notwithstanding IC 8-1-40-21, in adopting rules under
	779	+	25 this chapter, the commission may amend the commission's rules
	780	+	26 and standards set forth in:
	781	+	27 (1) 170 IAC 4-4.2 (concerning net metering); and
	782	+	28 (2) 170 IAC 4-4.3 (concerning interconnection);
	783	+	29 only as necessary to implement Federal Energy Regulatory
	784	+	30 Commission Order No. 2222 concerning distributed energy
	785	+	31 resources and distributed energy resource aggregators.
	786	+	32 Sec. 6. In adopting rules under this chapter, the commission
	787	+	33 may adopt emergency rules in the manner provided by
	788	+	34 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency
	789	+	35 rule adopted by the commission under this chapter and in the
	790	+	36 manner provided by IC 4-22-2-37.1 expires on the date on which
	791	+	37 a rule that supersedes the emergency rule is adopted by the
	792	+	38 commission under IC 4-22-2-24 through IC 4-22-2-36.
	793	+	39 SECTION 12. An emergency is declared for this act.
	794	+	HB 1111—LS 6919/DI 101 19
	795	+	COMMITTEE REPORT
	796	+	Mr. Speaker: Your Committee on Utilities, Energy and
	797	+	Telecommunications, to which was referred House Bill 1111, has had
	798	+	the same under consideration and begs leave to report the same back
	799	+	to the House with the recommendation that said bill be amended as
	800	+	follows:
	801	+	Page 17, delete lines 38 through 39, begin a new paragraph and
	802	+	insert:
	803	+	"SECTION 11. IC 8-1-40.1 IS ADDED TO THE INDIANA CODE
715	804		AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
716	805		UPON PASSAGE]:
717	806		Chapter 40.1. Rulemaking to Implement Federal Energy
718	807		Regulatory Commission Order
719	808		Sec. 1. As used in this chapter, "commission" refers to the
720		-	Indiana utility regulatory commission created by IC 8-1-1-2.
721		-	Sec. 2. As used in this chapter, "distributed energy resource"
722		-	means any resource located on the distribution system of an
723		-	electricity supplier, on any subsystem of an electricity supplier, or
724		-	HEA 1111 18
725		-	behind an electricity supplier's customer's meter, including any of
726		-	the following:
727		-	(1) Electric storage resources.
728		-	(2) Intermittent generation.
729		-	(3) Distributed generation.
730		-	(4) Demand response.
731		-	(5) Energy efficiency.
732		-	(6) Thermal storage.
733		-	(7) Electric vehicles and their supply equipment.
734		-	Sec. 3. As used in this chapter, "distributed energy resource
735		-	aggregator" means a person that aggregates one (1) or more
736		-	distributed energy resources for purposes of participating in one
737		-	(1) or more of the capacity, energy, or ancillary service markets of
738		-	a regional transmission organization.
739		-	Sec. 4. The commission shall adopt rules that the commission
740		-	determines to be necessary to implement Federal Energy
741		-	Regulatory Commission Order No. 2222 concerning distributed
742		-	energy resources and distributed energy resource aggregators.
743		-	Sec. 5. Notwithstanding IC 8-1-40-21, in adopting rules under
744		-	this chapter, the commission may amend the commission's rules
745		-	and standards set forth in:
746		-	(1) 170 IAC 4-4.2 (concerning net metering); and
747		-	(2) 170 IAC 4-4.3 (concerning interconnection);
748		-	only as necessary to implement Federal Energy Regulatory
749		-	Commission Order No. 2222 concerning distributed energy
750		-	resources and distributed energy resource aggregators.
751		-	Sec. 6. In adopting rules under this chapter, the commission
752		-	may adopt emergency rules in the manner provided by
753		-	IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency
754		-	rule adopted by the commission under this chapter and in the
755		-	manner provided by IC 4-22-2-37.1 expires on the date on which
756		-	a rule that supersedes the emergency rule is adopted by the
757		-	commission under IC 4-22-2-24 through IC 4-22-2-36.
758		-	SECTION 12. An emergency is declared for this act.
759		-	HEA 1111 Speaker of the House of Representatives
760		-	President of the Senate
761		-	President Pro Tempore
762		-	Governor of the State of Indiana
763		-	Date: Time:
764		-	HEA 1111
	809	+	Indiana utility regulatory".
	810	+	Page 17, run in lines 39 through 40.
	811	+	Page 17, line 41, delete "(b) As used in this SECTION," and insert
	812	+	"Sec. 2. As used in this chapter,".
	813	+	Page 18, line 11, delete "(c) As used in this SECTION," and insert
	814	+	"Sec. 3. As used in this chapter,".
	815	+	Page 18, line 16, delete "(d)" and insert "Sec. 4.".
	816	+	Page 18, line 20, delete "(e)" and insert "Sec. 5.".
	817	+	Page 18, line 21, delete "SECTION," and insert "chapter,".
	818	+	Page 18, line 28, delete "(f) In adopting rules under this SECTION,"
	819	+	and insert "Sec. 6. In adopting rules under this chapter,".
	820	+	Page 18, line 31, delete "SECTION" and insert "chapter".
	821	+	Page 18, delete line 35.
	822	+	and when so amended that said bill do pass.
	823	+	(Reference is to HB 1111 as introduced.)
	824	+	SOLIDAY
	825	+	Committee Vote: yeas 12, nays 0.
	826	+	HB 1111—LS 6919/DI 101