Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1111
AN ACT to amend the Indiana Code concerning utilities.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 8-1-1-14 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 14. (a) As used in this section,
"committee" refers to the interim study committee on energy,
utilities, and telecommunications established by IC 2-5-1.3-4(8).
(a) (b) The chairman of the commission shall prepare an annual
report and file it with the governor and the chairman of the legislative
council before October 1 of each year. The commission shall present
the annual report to the committee before October 1 of each year.
A report filed under this subsection with the chairman of the legislative
council must be in an electronic format under IC 5-14-6. The chairman
shall include in the annual report information for the fiscal year ending
June 30 of the year in which the report is due.
(b) (c) The annual report required under subsection (a) (b) must
include the following:
(1) A statement of the commission's revenues by source and
expenditures by purpose. (2) An update on the operations of the
commission, including the following:
(A) Statistics relevant to the workload and operations of the
commission.
(B) A statement of the commission's revenues by source
and expenditures by purpose.
(3) (C) A description of the commission's goals, legal
HEA 1111 2
responsibilities, and accomplishments.
(4) (D) Comments on the state of the commission and the
various kinds of utilities that it regulates.
(E) Any other matters that the commission wishes to bring
to the attention of the governor and the general assembly.
(5) Suggestions for new legislation and the rationale for any
proposals.
(6) Any other matters that the chairman wishes to bring to the
attention of the governor and the general assembly.
(7) Any comments or proposals that any member of the
commission gives to the chairman for inclusion in the annual
report.
(2) Information concerning changes or emerging trends in the
energy utility industry, and the effects of those changes or
trends on service and on the pricing of all energy utility
services under the jurisdiction of the commission. The
information reported under this subdivision must include the
following:
(A) The effects of competition or changes in the energy
utility industry, including the impact on customer rates.
(B) The status of modernization of the energy utility
facilities in Indiana and the incentives in place to further
enhance this infrastructure.
(C) The effects on economic development of the
modernization described in clause (B).
(D) Changes in Indiana's electricity generation mix.
(E) Any other energy utility matters the commission
considers appropriate.
(3) Information concerning changes or emerging trends in the
water and wastewater utility industries, and the effects of
those changes or trends on service and on the pricing of all
water and wastewater utility services under the jurisdiction
of the commission. The information reported under this
subdivision must include the following:
(A) The effects of changes in the water and wastewater
utility industries, including the impact on customer rates.
(B) The status of water and wastewater utility
infrastructure in Indiana and the incentives in place to
further enhance this infrastructure.
(C) An update on:
(i) acquisitions under IC 8-1-30.3;
(ii) consolidations;
HEA 1111 3
(iii) regionalization; and
(iv) service territory disputes;
involving water and wastewater utilities.
(D) The nature and extent of the jurisdiction of the
commission and other state agencies over various types of
water and wastewater utilities.
(E) Any other water or wastewater utility matters the
commission considers appropriate.
(4) Information concerning the communications services
industry, including the following:
(A) The type and availability of communications service
provided to Indiana customers, including the provision of
video service (as defined in IC 8-1-34-14).
(B) Details on the status of the Indiana universal service
fund.
(C) The status of eligible telecommunications carriers for
purposes of receiving:
(i) Lifeline reimbursement from the federal universal
service fund;
(ii) support to serve rural and high cost areas; and
(iii) other monetary support from the federal universal
service fund;
through the administrator designated by the Federal
Communications Commission.
(D) A summary of the video franchise fee reports
submitted under IC 8-1-34-24.5.
(E) Any other matters concerning the communications
services industry the commission considers appropriate.
(5) Information concerning Indiana's pipeline safety program,
including the following:
(A) An update on the activities of the commission's pipeline
safety division established by IC 8-1-22.5-2.
(B) An update on activities under IC 8-1-26.
(C) An update on the underground plant protection
account established by IC 8-1-26-24.
(D) Any other matters concerning pipeline safety the
commission considers appropriate.
SECTION 2. IC 8-1-2.5-9, AS AMENDED BY P.L.53-2014,
SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 9. (a) As used in this section, "committee" means
the interim study committee on energy, utilities, and
telecommunications established by IC 2-5-1.3-4.
HEA 1111 4
(b) The committee shall monitor changes and competition in the
energy utility industry.
(c) The commission shall before August 15 of each year prepare for
presentation to the committee an analysis of the effects of competition
or changes in the energy utility industry on service and on the pricing
of all energy utility services under the jurisdiction of the commission.
(d) (c) In addition to reviewing the commission commission's
annual report prepared under subsection (c), IC 8-1-1-14, the
committee shall also issue a report and recommendations to the
legislative council before November 1 of each year that are based on
a review of the following issues:
(1) The effects of competition or changes in the energy utility
industry and the impact of the competition or changes on the
residential rates.
(2) The status of modernization of the energy utility facilities in
Indiana and the incentives required to further enhance this
infrastructure.
(3) The effects on economic development of this modernization.
(4) The traditional method of regulating energy utilities and the
method's effectiveness.
(5) The economic and social effectiveness of traditional energy
utility service pricing.
(6) The effects of legislation enacted by the United States
Congress.
(7) All other energy utility issues the committee considers
appropriate; however, it is not the intent of this section to provide
for the review of the statutes cited in section 11 of this chapter.
The report and recommendations issued under this subsection to the
legislative council must be in an electronic format under IC 5-14-6.
(e) (d) This section:
(1) does not give a party to a collective bargaining agreement any
greater rights under the agreement than the party had before
January 1, 1995;
(2) does not give the committee the authority to order a party to
a collective bargaining agreement to cancel, terminate, amend, or
otherwise modify the collective bargaining agreement; and
(3) may not be implemented by the committee in a way that would
give a party to a collective bargaining agreement any greater
rights under the agreement than the party had before January 1,
1995.
(f) (e) The committee shall, with the approval of the commission,
retain independent consultants the committee considers appropriate to
HEA 1111 5
assist the committee in the review and study. The expenses for the
consultants shall be paid with funds from the public utility fees
assessed under IC 8-1-6.
SECTION 3. IC 8-1-2.6-4, AS AMENDED BY THE TECHNICAL
CORRECTIONS BILL OF THE 2022 GENERAL ASSEMBLY, IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]:
Sec. 4. (a) As used in this section, "committee" means the interim study
committee on energy, utilities, and telecommunications established by
IC 2-5-1.3-4.
(b) The commission shall, by July 1 of each year, report to the
committee in an electronic format under IC 5-14-6 on the following:
(1) The effects of competition and technological change on
universal service and on pricing of all telecommunications
services offered in Indiana.
(2) The status of competition and technological change in the
provision of video service (as defined in IC 8-1-34-14) available
to Indiana customers, as including the following information:
(A) The number of multichannel video programming
distributors offering video service to Indiana customers.
(B) The technologies used to provide video service to Indiana
customers.
(C) The advertised programming and pricing options offered
by video service providers to Indiana customers.
(3) Best practices concerning vertical location of underground
facilities for purposes of IC 8-1-26. A report under this
subdivision must address the viability and economic feasibility of
technologies used to vertically locate underground facilities.
(c) (b) In addition to reviewing the commission commission's
annual report prepared under subsection (b), IC 8-1-1-14, the
committee may also issue a report and recommendations to the
legislative council by November 1 of each year that is based on a
review of the following issues:
(1) The effects of competition and technological change in the
telecommunications industry and impact of competition on
available subsidies used to maintain universal service.
(2) The status of modernization of the publicly available
telecommunications infrastructure in Indiana and the incentives
required to further enhance this infrastructure.
(3) The effects on economic development and educational
opportunities of the modernization described in subdivision (2).
(4) The current methods of regulating providers, at both the
federal and state levels, and the effectiveness of the methods.
HEA 1111 6
(5) The economic and social effectiveness of current
telecommunications service pricing.
(6) All other telecommunications issues the committee deems
appropriate.
The report and recommendations issued under this subsection to the
legislative council must be in an electronic format under IC 5-14-6.
(d) (c) The committee shall, with the approval of the commission,
retain the independent consultants the committee considers appropriate
to assist the committee in the review and study. The expenses for the
consultants shall be paid by the commission.
SECTION 4. IC 8-1-2.6-13, AS AMENDED BY P.L.177-2021,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 13. (a) As used in this section, "communications
service" has the meaning set forth in IC 8-1-32.5-3.
(b) As used in this section, "communications service provider"
means a person or an entity that offers communications service to
customers in Indiana, without regard to the technology or medium used
by the person or entity to provide the communications service. The
term includes a provider of commercial mobile service (as defined in
47 U.S.C. 332).
(c) Notwithstanding sections 1.2, 1.4, and 1.5 of this chapter, the
commission may do the following, except as otherwise provided in this
subsection:
(1) Enforce the terms of a settlement agreement approved by the
commission before July 29, 2004. The commission's authority
under this subdivision continues for the duration of the settlement
agreement.
(2) Fulfill the commission's duties under IC 8-1-2.8 concerning
the provision of dual party relay services to deaf, hard of hearing,
and speech impaired persons in Indiana.
(3) Fulfill the commission's responsibilities under IC 8-1-29 to
adopt and enforce rules to ensure that a customer of a
telecommunications provider is not:
(A) switched to another telecommunications provider unless
the customer authorizes the switch; or
(B) billed for services by a telecommunications provider that
without the customer's authorization added the services to the
customer's service order.
(4) Fulfill the commission's obligations under:
(A) the federal Telecommunications Act of 1996 (47 U.S.C.
151 et seq.); and
(B) IC 20-20-16;
HEA 1111 7
concerning universal service and access to telecommunications
service and equipment, including the designation of eligible
telecommunications carriers under 47 U.S.C. 214.
(5) Perform any of the functions described in section 1.5(b) of this
chapter.
(6) Perform the commission's responsibilities under IC 8-1-32.5
to:
(A) issue; and
(B) maintain records of;
certificates of territorial authority for communications service
providers offering communications service to customers in
Indiana.
(7) Perform the commission's responsibilities under IC 8-1-34
concerning the issuance of certificates of franchise authority to
multichannel video programming distributors offering video
service to Indiana customers.
(8) Subject to subsection (f), require a communications service
provider, other than a provider of commercial mobile service (as
defined in 47 U.S.C. 332), to report to the commission on an
annual basis, or more frequently at the option of the provider, any
information needed by the commission to prepare the
commission's annual report to the interim study committee on
energy, utilities, and telecommunications under section 4 of this
chapter. IC 8-1-1-14(c)(4).
(9) Perform the commission's duties under IC 8-1-32.4 with
respect to telecommunications providers of last resort, to the
extent of the authority delegated to the commission under federal
law to perform those duties.
(10) Collect and maintain from a communications service
provider the following information:
(A) The address of the provider's Internet web site.
(B) All toll free telephone numbers and other customer service
telephone numbers maintained by the provider for receiving
customer inquiries and complaints.
(C) An address and other contact information for the provider,
including any telephone number not described in clause (B).
The commission shall make any information submitted by a
provider under this subdivision available on the commission's
Internet web site. The commission may also make available on the
commission's Internet web site contact information for the Federal
Communications Commission and the Cellular Telephone
Industry Association.
HEA 1111 8
(11) Fulfill the commission's duties under any state or federal law
concerning the administration of any universally applicable
dialing code for any communications service.
(d) The commission does not have jurisdiction over any of the
following with respect to a communications service provider:
(1) Rates and charges for communications service provided by the
communications service provider, including the filing of
schedules or tariffs setting forth the provider's rates and charges.
(2) Depreciation schedules for any of the classes of property
owned by the communications service provider.
(3) Quality of service provided by the communications service
provider.
(4) Long term financing arrangements or other obligations of the
communications service provider.
(5) Except as provided in subsection (c), any other aspect
regulated by the commission under this title before July 1, 2009.
(e) The commission has jurisdiction over a communications service
provider only to the extent that jurisdiction is:
(1) expressly granted by state or federal law, including:
(A) a state or federal statute;
(B) a lawful order or regulation of the Federal
Communications Commission; or
(C) an order or a ruling of a state or federal court having
jurisdiction; or
(2) necessary to administer a federal law for which regulatory
responsibility has been delegated to the commission by federal
law.
(f) Except as specifically required under state or federal law, or
except as required to respond to consumer complaints or information
requests from the general assembly, the commission may not require
a communications service provider:
(1) to file a tariff; or
(2) except for purposes of a petition or request filed or submitted
to the commission by the communications service provider, to
report to the commission any information that is:
(A) available to the public on the communications service
provider's Internet web site;
(B) filed with the Federal Communications Commission; or
(C) otherwise available to the public in any form or at any
level of detail;
including the communications service provider's rates, terms, and
conditions of service.
HEA 1111 9
SECTION 5. IC 8-1-30.3-7 IS REPEALED [EFFECTIVE JULY 1,
2022]. Sec. 7. Not later than October 1 of each year, the commission
shall submit, in an electronic format under IC 5-14-6 to the interim
study committee on energy, utilities, and telecommunications, a report
concerning acquisitions under this chapter.
SECTION 6. IC 8-1-32.5-6, AS AMENDED BY P.L.73-2020,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 6. (a) Except as provided in subsection (c), before
a communications service provider may offer communications service
to customers in Indiana, the communications service provider must
apply to the commission for a certificate of territorial authority. A
communications service provider that seeks a certificate under this
chapter shall submit an application on a form prescribed by the
commission. Subject to subsection (e), the form prescribed by the
commission must require the communications service provider to
report the following information:
(1) The provider's legal name and any name under which the
provider does or will do business in Indiana, as authorized by the
secretary of state.
(2) The provider's address and telephone number, along with
contact information for the person responsible for ongoing
communications with the commission.
(3) The legal name, address, and telephone number of the
provider's parent company, if any.
(4) A description of each service area in Indiana in which the
provider proposes to offer communications service.
(5) For each service area identified under subdivision (4), a
description of each type of communications service that the
provider proposes to offer in the service area.
(6) For each communications service identified under subdivision
(5), whether the communications service will be offered to
residential customers or business customers, or both.
(7) The expected date of deployment for each communications
service identified under subdivision (5) in each service area
identified in subdivision (4).
(8) A list of other states in which the provider offers
communications service, including the type of communications
service offered.
(9) Any other information the commission considers necessary to:
(A) monitor the type and availability of communications
service provided to Indiana customers; and
(B) prepare under IC 8-1-2.6-4, the commission's annual report
HEA 1111 10
to the interim study committee on energy, utilities, and
telecommunications established by IC 2-5-1.3-4 in an
electronic format under IC 5-14-6. under IC 8-1-1-14(c)(4).
The commission may charge a fee for filing an application under this
section. Any fee charged by the commission under this subsection may
not exceed the commission's actual costs to process and review the
application under section 8 of this chapter.
(b) A communications service provider shall also submit, along with
the application required by subsection (a), the following documents:
(1) A certification from the secretary of state authorizing the
provider to do business in Indiana.
(2) Information demonstrating the provider's financial,
managerial, and technical ability to provide each communications
service identified in the provider's application under subsection
(a)(5) in each service area identified under subsection (a)(4).
(3) A statement, signed under penalty of perjury by an officer or
another person authorized to bind the provider, that affirms the
following:
(A) That the provider has filed or will timely file with the
Federal Communications Commission all forms required by
the Federal Communications Commission before offering
communications service in Indiana.
(B) That the provider agrees to comply with any customer
notification requirements imposed by the commission under
section 11(b) of this chapter.
(C) That the provider agrees to update the information
provided in the application submitted under subsection (a) on
a regular basis, as may be required by the commission under
section 12 of this chapter.
(D) That the provider agrees to notify the commission when
the provider commences offering communications service in
each service area identified in the provider's application under
subsection (a)(4).
(E) That the provider agrees to pay any lawful rate or charge
for switched and special access services, as required under
any:
(i) applicable interconnection agreement; or
(ii) lawful tariff or order approved or issued by a regulatory
body having jurisdiction.
(F) That the provider agrees to report, at the times required by
the commission, any information required by the commission
under IC 8-1-2.6-13(c)(8).
HEA 1111 11
(c) If:
(1) a communications service provider has been issued a:
(A) certificate of territorial authority; or
(B) certificate of public convenience and necessity;
by the commission before July 1, 2009; and
(2) the certificate described in subdivision (1) is in effect on July
1, 2009;
the communications service provider is not required to submit an
application under this section for as long as the certificate described in
subdivision (1) remains in effect. For purposes of this subsection, if a
corporation organized under IC 8-1-13 (or a corporation organized
under IC 23-17-1 that is an electric cooperative and that has at least one
(1) member that is a corporation organized under IC 8-1-13) holds a
certificate of public convenience and necessity issued by the
commission before, on, or after July 1, 2009, that certificate may serve
as the certificate required under this chapter with respect to any
communications service offered by the corporation, subject to the
commission's right to require the corporation to provide any
information that an applicant is otherwise required to submit under
subsection (a) or that a holder is required to report under
IC 8-1-2.6-13(c)(8).
(d) This section does not empower the commission to require an
applicant for a certificate under this chapter to disclose confidential and
proprietary business plans and other confidential information without
adequate protection of the information. The commission shall exercise
all necessary caution to avoid disclosure of confidential information
supplied under this section.
(e) The form prescribed for a communications service provider that
offers only a service described in IC 8-1-2.6-1.1 must require the
communications service provider to report and certify the accuracy of
only the information required under subsection (a)(1) and (a)(2).
SECTION 7. IC 8-1-34-16, AS AMENDED BY P.L.177-2021,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 16. (a) Except as provided in section 21 of this
chapter, after June 30, 2006:
(1) the commission is the sole franchising authority (as defined in
47 U.S.C. 522(10)) for the provision of video service in Indiana;
and
(2) a unit may not:
(A) require a provider to obtain a separate franchise;
(B) impose any fee, gross receipt tax, licensing requirement,
rate regulation, or build-out requirement on a provider;
HEA 1111 12
(C) regulate a holder or provider; or
(D) establish, fund, or otherwise designate an agency, a board,
or another subordinate entity to monitor, supervise, evaluate,
or regulate the holder or provider;
except as authorized by this chapter.
(b) Except as provided in section 21 of this chapter, a person who
seeks to provide video service in Indiana after June 30, 2006, shall file
with the commission an application for a franchise. The application
shall be made on a form prescribed by the commission and must
include the following:
(1) A sworn affidavit, signed by an officer or another person
authorized to bind the applicant, that affirms the following:
(A) That the applicant has filed or will timely file with the
Federal Communications Commission all forms required by
the Federal Communications Commission before offering
video service in Indiana.
(B) That the applicant agrees to comply with all federal and
state statutes, rules, and regulations applicable to the operation
of the applicant's video service system.
(C) That the applicant agrees to:
(i) comply with any local ordinance or regulation governing
the use of public rights-of-way in the delivery of video
service; and
(ii) recognize the police powers of a unit to enforce the
ordinance or regulation.
(D) If the applicant will terminate an existing local franchise
under section 21 of this chapter, that the applicant agrees to
perform any obligations owed to any private person, as
required by section 22 of this chapter.
(2) The applicant's legal name and any name under which the
applicant does or will do business in Indiana, as authorized by the
secretary of state.
(3) The address and telephone number of the applicant's principal
place of business, along with contact information for the person
responsible for ongoing communications with the commission.
(4) The names and titles of the applicant's principal officers.
(5) The legal name, address, and telephone number of the
applicant's parent company, if any.
(6) A description of each service area in Indiana to be served by
the applicant. A service area described under this subdivision may
include an unincorporated area in Indiana.
(7) The expected date for the deployment of video service in each
HEA 1111 13
of the areas identified in subdivision (6).
(8) A list of other states in which the applicant provides video
service.
(9) If the applicant will terminate an existing local franchise under
section 21(b) of this chapter, a copy of the written notice sent to
the municipality under section 21(c) of this chapter.
(10) Any other information the commission considers necessary
to:
(A) monitor the provision of video service to Indiana
customers; and
(B) prepare under IC 8-1-2.6-4, the commission's annual report
to the interim study committee on energy, utilities, and
telecommunications established by IC 2-5-1.3-4 in an
electronic format under IC 5-14-6. under IC 8-1-1-14(c)(4).
(c) This section does not empower the commission to require:
(1) an applicant to disclose confidential and proprietary business
plans and other confidential information without adequate
protection of the information; or
(2) a provider to disclose more frequently than in each odd
numbered year information regarding the areas in which an
applicant has deployed, or plans to deploy, video services.
The commission shall exercise all necessary caution to avoid disclosure
of confidential information supplied under this section.
(d) The commission may charge a fee for filing an application under
this section. Any fee charged by the commission under this subsection
may not exceed the commission's actual costs to process and review the
application under section 17 of this chapter.
(e) Nothing in this title may be construed to require an applicant or
a provider to disclose information that identifies by census block, street
address, or other similar level of specificity the areas in which the
applicant or provider has deployed, or plans to deploy, video service in
Indiana. The commission may not disclose, publish, or report by census
block, street address, or other similar level of specificity any
information identifying the areas in Indiana in which an applicant or a
provider has deployed, or plans to deploy, video service.
(f) Nothing in this title may be construed to require an applicant or
provider to provide the commission with information describing the
applicant's or provider's programming, including the applicant's or
provider's channel lineups or channel guides.
SECTION 8. IC 8-1-34-24.5, AS AMENDED BY P.L.53-2014,
SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 24.5. (a) This section applies to any unit that
HEA 1111 14
receives franchise fees paid to the unit under:
(1) a certificate issued by the commission under this chapter; or
(2) an unexpired local franchise issued by the unit before July 1,
2006;
with respect to a particular calendar year.
(b) For each calendar year, beginning with the calendar year ending
December 31, 2012, each unit to which this section applies shall
submit to the commission, on a form or in the manner prescribed by the
commission, a report that includes the following information for each
certificate or local franchise in effect in the unit during the calendar
year for which the report is submitted:
(1) The amount of franchise fees paid to the unit under the
certificate or local franchise.
(2) The account of the unit into which the franchise fees identified
under subdivision (1) were deposited.
(3) The purposes for which any franchise fees received by the unit
during:
(A) the calendar year for which the report is submitted; or
(B) a previous calendar year;
were used or spent by the unit during the calendar year for which
the report is submitted.
(4) Any other information or data concerning the receipt and use
of franchise fees that the commission considers appropriate.
(c) The commission shall prescribe the form of the report and the
process, deadlines, and other requirements for submitting the report
required under this section.
(d) Upon receiving the annual reports required under this section,
the commission shall compile and organize the data and information
contained in the reports. The commission shall include a summary of
the data and information contained in the reports in the commission's
annual report on the communications industry provided, under
IC 8-1-2.6-4, to the interim study committee on energy, utilities, and
telecommunications established by IC 2-5-1.3-4 in an electronic format
under IC 5-14-6. IC 8-1-1-14(c)(4). However, this subsection does not
empower the commission to disclose confidential and proprietary
business plans and other confidential information without adequate
protection of the information. The commission shall exercise all
necessary caution to avoid disclosure of confidential information
supplied under this section.
(e) The commission may adopt rules under IC 4-22-2, including
emergency rules under IC 4-22-2-37.1, to implement this section. An
emergency rule adopted by the commission under IC 4-22-2-37.1
HEA 1111 15
expires on the date a rule that supersedes the emergency rule is adopted
by the commission under IC 4-22-2-24 through IC 4-22-2-36 and not
ninety (90) days after the rule is accepted for filing as provided in
IC 4-22-2-37.1(g). However, any emergency rules adopted by the
commission under this subsection must take effect by a date that
enables a unit subject to this section to comply with this section with
respect to the calendar year ending December 31, 2012.
SECTION 9. IC 8-1-37-10, AS ADDED BY P.L.150-2011,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 10. (a) Subject to subsection (d), the commission
shall adopt rules under IC 4-22-2 to establish the Indiana voluntary
clean energy portfolio standard program. The program established
under this section must be a voluntary program that provides incentives
to participating electricity suppliers that undertake to supply specified
percentages of the total electricity supplied to their Indiana retail
electric customers from clean energy.
(b) The rules adopted by the commission under this section to
establish the program must:
(1) incorporate:
(A) the CPS goals set forth in section 12(a) of this chapter;
(B) methods for measuring and evaluating a participating
electricity supplier's compliance with the CPS goals set forth
in section 12(a) of this chapter; and
(C) the financial incentives and periodic rate adjustment
mechanisms set forth in section 13 of this chapter; and
(D) the reporting requirements set forth in section 14 of this
chapter;
(2) require the commission to determine, before approving an
application under section 11 of this chapter, that the approval of
the application will not result in an increase to the retail rates and
charges of the electricity supplier above what could reasonably be
expected if the application were not approved;
(3) take effect not later than January 1, 2012; and
(4) be consistent with this chapter.
(c) Upon the effective date of the rules adopted by the commission
under this section, an electricity supplier may apply to the commission
under section 11 of this chapter for approval to participate in the
program.
(d) The commission may adopt emergency rules under
IC 4-22-2-37.1 to adopt the rules required by this section. An
emergency rule adopted by the commission under IC 4-22-2-37.1
expires on the date a rule that supersedes the emergency rule is adopted
HEA 1111 16
by the commission under IC 4-22-2-24 through IC 4-22-2-36.
SECTION 10. IC 8-1-37-14 IS REPEALED [EFFECTIVE JULY 1,
2022]. Sec. 14. (a) Beginning in 2014, each participating electricity
supplier shall report to the commission not later than March 1 of each
year on the following:
(1) The participating electricity supplier's efforts, if any, during
the most recently ended calendar year to meet the CPS goal
applicable to the most recently ended calendar year.
(2) The total amount of renewable energy supplied to the
participating electricity supplier's Indiana retail electric customers
during the most recently ended calendar year, including a
breakdown of the following:
(A) The amount of clean energy generated by facilities owned
or operated by the participating electricity supplier. The
participating electricity supplier shall identify each facility by:
(i) name and location;
(ii) total generating capacity;
(iii) total amount of electricity generated at the facility
during the most recently ended calendar year, including the
percentage of this amount that was supplied to the
participating electricity supplier's Indiana retail electric
customers; and
(iv) total amount of clean energy generated at the facility
during the most recently ended calendar year, including the
percentage of this amount that was supplied to the
participating electricity supplier's Indiana retail electric
customers.
(B) The amount of clean energy purchased from other
suppliers of clean energy. The participating electricity supplier
shall identify:
(i) each supplier from whom clean energy was purchased;
(ii) the amount of clean energy purchased from each
supplier;
(iii) the price paid by the participating electricity supplier for
the clean energy purchased from each supplier; and
(iv) to the extent known, the name and location of each
facility at which the clean energy purchased from each
supplier was generated.
(3) The number of CECs purchased by the participating electricity
supplier during the most recently ended calendar year. The
participating electricity supplier shall identify:
(A) each person from whom one (1) or more CECs was
HEA 1111 17
purchased;
(B) the price paid to each person identified in clause (A) for
the CECs purchased;
(C) the number of CECs applied, if any, during the most
recently ended calendar year to meet the CPS goal applicable
to the most recently ended calendar year; and
(D) the number of CECs, if any, that the participating
electricity supplier plans to carry over to the next succeeding
CPS goal period, as permitted by section 12(f) of this chapter.
(4) The participating electricity supplier's plans for meeting the
CPS goal applicable to the calendar year in which the report is
submitted.
(5) Advances in clean energy technology that affect activities
described in subdivisions (1) and (4).
(6) Any other information that the commission prescribes in rules
adopted under IC 4-22-2.
For purposes of this subsection, amounts of clean energy and electricity
shall be reported in megawatt hours. A participating electricity
supplier's duty to submit a report under this subsection terminates after
the participating electricity supplier has submitted the report that
applies to the calendar year ending December 31, 2025.
(b) Beginning in 2014, the commission's annual report, under
IC 8-1-2.5-9(b), to the interim study committee on energy, utilities, and
telecommunications established by IC 2-5-1.3-4 must include a
summary of the information provided by participating electricity
suppliers under subsection (a) with respect to the most recently ended
calendar year. The commission's duty to include the information
specified in this subsection in its annual report to the interim study
committee on energy, utilities, and telecommunications established by
IC 2-5-1.3-4 terminates after the commission has submitted the
information that applies to the calendar year ending December 31,
2025.
SECTION 11. IC 8-1-40.1 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 40.1. Rulemaking to Implement Federal Energy
Regulatory Commission Order
Sec. 1. As used in this chapter, "commission" refers to the
Indiana utility regulatory commission created by IC 8-1-1-2.
Sec. 2. As used in this chapter, "distributed energy resource"
means any resource located on the distribution system of an
electricity supplier, on any subsystem of an electricity supplier, or
HEA 1111 18
behind an electricity supplier's customer's meter, including any of
the following:
(1) Electric storage resources.
(2) Intermittent generation.
(3) Distributed generation.
(4) Demand response.
(5) Energy efficiency.
(6) Thermal storage.
(7) Electric vehicles and their supply equipment.
Sec. 3. As used in this chapter, "distributed energy resource
aggregator" means a person that aggregates one (1) or more
distributed energy resources for purposes of participating in one
(1) or more of the capacity, energy, or ancillary service markets of
a regional transmission organization.
Sec. 4. The commission shall adopt rules that the commission
determines to be necessary to implement Federal Energy
Regulatory Commission Order No. 2222 concerning distributed
energy resources and distributed energy resource aggregators.
Sec. 5. Notwithstanding IC 8-1-40-21, in adopting rules under
this chapter, the commission may amend the commission's rules
and standards set forth in:
(1) 170 IAC 4-4.2 (concerning net metering); and
(2) 170 IAC 4-4.3 (concerning interconnection);
only as necessary to implement Federal Energy Regulatory
Commission Order No. 2222 concerning distributed energy
resources and distributed energy resource aggregators.
Sec. 6. In adopting rules under this chapter, the commission
may adopt emergency rules in the manner provided by
IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency
rule adopted by the commission under this chapter and in the
manner provided by IC 4-22-2-37.1 expires on the date on which
a rule that supersedes the emergency rule is adopted by the
commission under IC 4-22-2-24 through IC 4-22-2-36.
SECTION 12. An emergency is declared for this act.
HEA 1111 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1111