Introduced Version
HOUSE BILL No. 1136
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 8-1-40.
Synopsis: Net metering for electricity generation. Amends the statute
concerning distributed electricity generation as follows: (1) Defines a
"public use customer" of an electricity supplier as a customer that is:
(A) a school corporation; or (B) a local unit. (2) Provides that an
electricity supplier's net metering tariff must be made and remain
available to customers until the earlier of: (A) January 1 of the first
calendar year after the calendar year in which the aggregate amount of
net metering facility nameplate capacity under the electricity supplier's
net metering tariff equals at least 3% (versus 1.5% under current law)
of the electricity supplier's most recent summer peak load; or (B) July
1, 2025 (versus July 1, 2022, under current law). (3) Provides that
before July 1, 2022, an electricity supplier shall amend its net metering
tariff, or file a new net metering tariff with the utility regulatory
commission (IURC), to do the following: (A) Establish as the allowed
limit on the aggregate amount of net metering facility nameplate
capacity under the tariff an amount equal to at least 3% of the
electricity supplier's most recent summer peak load. (B) Allow a public
use customer that: (i) operates a net metering facility on a premises that
the public use customer owns or controls before the installation of the
net metering facility; and (ii) is billed by the electricity supplier for
electricity measured at more than one meter; to choose to be billed or
credited for the difference between the kilowatt hours delivered by the
electricity supplier as measured by any one or more of those meters, not
to exceed three, and the kilowatt hours generated and delivered to the
electricity supplier by the net metering facility. (4) Provides that before
July 1, 2022, the IURC shall make similar amendments to its net
(Continued next page)
Effective: Upon passage.
Cook, Schaibley
January 6, 2022, read first time and referred to Committee on Utilities, Energy and
Telecommunications.
2022 IN 1136—LS 6527/DI 101 Digest Continued
metering rules. (5) Specifies that any repairs, updates, or upgrades to
portions of a net metering facility that do not increase the nameplate
capacity of the net metering facility are not considered a replacement
of the net metering facility for purposes of certain provisions providing
for the extended availability of an electricity supplier's net metering
tariff for customers that install a net metering facility before certain
specified deadlines. (6) Specifies that net metering customers must
comply with certain safety, performance, and reliability standards with
which customers that produce distributed generation must comply. (7)
Specifies that a net metering customer has certain rights regarding the
installation and ownership of a net metering facility that a customer
that produces distributed generation has with respect to the installation
and ownership of distributed generation equipment. (8) Adds a
noncode provision staying the implementation of a rate or tariff for the
procurement of excess distributed generation for which an electricity
supplier has applied or received approval from the IURC under current
law, until such time as the conditions for the expiration of the
electricity supplier's net metering tariff, as set forth in the bill, apply to
the electricity supplier.
2022 IN 1136—LS 6527/DI 1012022 IN 1136—LS 6527/DI 101 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1136
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 8-1-40-5.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 5.5. As used in this chapter, "install", with
4 respect to a net metering facility (as defined in 170 IAC 4-4.2-1(k))
5 of a customer, means to set up so that the net metering facility (as
6 defined in 170 IAC 4-4.2-1(k)) can be safely energized,
7 notwithstanding any metering or inspection requirements that the
8 customer's electricity supplier has not yet performed.
9 SECTION 2. IC 8-1-40-6.5 IS ADDED TO THE INDIANA CODE
10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
11 UPON PASSAGE]: Sec. 6.5. As used in this chapter, "nameplate
12 capacity" means the following:
13 (1) The full-load continuous rating of a generator under
14 specified conditions, as designated by the manufacturer.
15 (2) For an inverter-based net metering facility, the aggregate
2022 IN 1136—LS 6527/DI 101 2
1 output rating of all inverters in the facility, measured in
2 kilowatts.
3 SECTION 3. IC 8-1-40-7, AS ADDED BY P.L.264-2017,
4 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 UPON PASSAGE]: Sec. 7. As used in this chapter, "net metering
6 tariff" means a tariff that
7 (1) an electricity supplier offers for net metering under 170
8 IAC 4-4.2. and
9 (2) is in effect on January 1, 2017.
10 SECTION 4. IC 8-1-40-8, AS ADDED BY P.L.264-2017,
11 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 UPON PASSAGE]: Sec. 8. As used in this chapter, "premises" means
13 a single tract of land on which a customer consumes electricity for
14 residential, business, or other private or public purposes.
15 SECTION 5. IC 8-1-40-8.2 IS ADDED TO THE INDIANA CODE
16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
17 UPON PASSAGE]: Sec. 8.2. As used in this chapter, "public use
18 customer" means a customer that is:
19 (1) a school corporation (as defined in IC 36-1-2-17); or
20 (2) a unit (as defined in IC 36-1-2-23).
21 SECTION 6. IC 8-1-40-9.3 IS ADDED TO THE INDIANA CODE
22 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
23 UPON PASSAGE]: Sec. 9.3. As used in this chapter, "successor in
24 interest" means a person or entity that follows another person or
25 entity in the ownership or control of property.
26 SECTION 7. IC 8-1-40-10, AS ADDED BY P.L.264-2017,
27 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 UPON PASSAGE]: Sec. 10. (a) Subject to sections 13 and 14 of this
29 chapter, a net metering tariff of an electricity supplier must be made
30 and remain available to the electricity supplier's customers until the
31 earlier of the following:
32 (1) January 1 of the first calendar year after the calendar year in
33 which the aggregate amount of net metering facility nameplate
34 capacity under the electricity supplier's net metering tariff equals
35 at least one and one-half three percent (1.5%) (3%) of the most
36 recent summer peak load of the electricity supplier.
37 (2) July 1, 2022. 2025.
38 (b) Before July 1, 2022, each electricity supplier shall petition
39 the commission for approval of an amended or a new net metering
40 tariff that:
41 (1) complies with this section and section 12(b) of this chapter;
42 and
2022 IN 1136—LS 6527/DI 101 3
1 (2) does not include any other substantive changes to the
2 terms and conditions of the existing net metering tariff being
3 amended or replaced.
4 Not later than thirty (30) days after receipt of a petition under this
5 subsection, the commission shall review the petition and, if the
6 petition complies with subdivisions (1) and (2), shall approve the
7 electricity supplier's new or amended net metering tariff. If the
8 commission determines that the petition does not comply with
9 subdivisions (1) and (2), the commission shall notify the electricity
10 supplier of the defect and shall require the electricity supplier to
11 remedy the defect not later than a date set forth by the commission
12 in its notice to the electricity supplier under this subsection.
13 (c) Before July 1, 2022, 2025, if an electricity supplier reasonably
14 anticipates, at any point in a calendar year, that the aggregate amount
15 of net metering facility nameplate capacity under the electricity
16 supplier's net metering tariff will equal at least one and one-half three
17 percent (1.5%) (3%) of the most recent summer peak load of the
18 electricity supplier, the electricity supplier shall, in accordance with
19 section 16 of this chapter, petition the commission for approval of a
20 rate for the procurement of excess distributed generation.
21 SECTION 8. IC 8-1-40-11, AS ADDED BY P.L.264-2017,
22 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 UPON PASSAGE]: Sec. 11. (a) Except as provided in sections 10(b),
24 12, and 21(b) of this chapter, before July 1, 2047: 2050:
25 (1) an electricity supplier may not seek to change the terms and
26 conditions of the electricity supplier's net metering tariff; and
27 (2) the commission may not approve changes to an electricity
28 supplier's net metering tariff.
29 (b) Except as provided in sections 13 and 14 of this chapter, after
30 June 30, 2022: 2025:
31 (1) an electricity supplier may not make a net metering tariff
32 available to customers; and
33 (2) the terms and conditions of a net metering tariff offered by an
34 electricity supplier before July 1, 2022, 2025, expire and are
35 unenforceable.
36 SECTION 9. IC 8-1-40-12, AS ADDED BY P.L.264-2017,
37 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 UPON PASSAGE]: Sec. 12. (a) Before January 1, 2018, the
39 commission shall amend 170 IAC 4-4.2-4, and an electricity supplier
40 shall amend the electricity supplier's net metering tariff, to do the
41 following:
42 (1) Increase the allowed limit on the aggregate amount of net
2022 IN 1136—LS 6527/DI 101 4
1 metering facility nameplate capacity under the net metering tariff
2 to one and one-half percent (1.5%) of the most recent summer
3 peak load of the electricity supplier.
4 (2) Modify the required reservation of capacity under the limit
5 described in subdivision (1) to require the reservation of:
6 (A) forty percent (40%) of the capacity for participation by
7 residential customers; and
8 (B) fifteen percent (15%) of the capacity for participation by
9 customers that install a net metering facility that uses a
10 renewable energy resource described in IC 8-1-37-4(a)(5).
11 (b) Before July 1, 2022, an electricity supplier shall amend, in
12 accordance with section 10(b) of this chapter, the electricity
13 supplier's net metering tariff, or shall file a new net metering tariff,
14 to do the following:
15 (1) Establish as the allowed limit on the aggregate amount of
16 net metering facility nameplate capacity under the net
17 metering tariff an amount equal to at least three percent (3%)
18 of the most recent summer peak load of the electricity
19 supplier.
20 (2) Allow a public use customer that:
21 (A) operates a net metering facility (as defined in 170
22 IAC 4-4.2-1(k)) on a premises that is:
23 (i) owned or controlled by the public use customer before
24 the installation of the net metering facility; and
25 (ii) within the electricity supplier's service area; and
26 (B) is billed by the electricity supplier for electricity
27 measured at more than one (1) meter;
28 to choose to be billed or credited under 170 IAC 4-4.2-7 for
29 the difference between the kilowatt hours delivered by the
30 electricity supplier as measured by any one (1) or more of the
31 customer's meters, not to exceed three (3), as specified by the
32 customer, and the kilowatt hours generated and delivered to
33 the electricity supplier by the net metering facility (as defined
34 in 170 IAC 4-4.2-1(k)).
35 (c) Before July 1, 2022, the commission shall amend 170
36 IAC 4-4.2 to do the following:
37 (1) Establish as the allowed limit on the aggregate amount of
38 net metering facility nameplate capacity that an electricity
39 supplier may establish under the electricity supplier's net
40 metering tariff an amount equal to at least three percent (3%)
41 of the most recent summer peak load of the electricity
42 supplier.
2022 IN 1136—LS 6527/DI 101 5
1 (2) Provide that an electricity supplier must allow a public use
2 customer that:
3 (A) operates a net metering facility (as defined in 170
4 IAC 4-4.2-1(k)) on a premises that is:
5 (i) owned or controlled by the public use customer before
6 the installation of the net metering facility; and
7 (ii) within the electricity supplier's service area; and
8 (B) is billed by the electricity supplier for electricity
9 measured at more than one (1) meter;
10 to choose to be billed or credited under 170 IAC 4-4.2-7 for
11 the difference between the kilowatt hours delivered by the
12 electricity supplier as measured by any one (1) or more of the
13 customer's meters, not to exceed three (3), as specified by the
14 customer, and the kilowatt hours generated and delivered to
15 the electricity supplier by the net metering facility (as defined
16 in 170 IAC 4-4.2-1(k)).
17 (b) (d) In amending 170 IAC 4-4.2-4, as required by subsection
18 subsections (a) and (c), the commission may adopt emergency rules
19 in the manner provided by IC 4-22-2-37.1. Notwithstanding
20 IC 4-22-2-37.1(g), an emergency rule adopted by the commission under
21 this section and in the manner provided by IC 4-22-2-37.1 expires on
22 the date on which a rule that supersedes the emergency rule is adopted
23 by the commission under IC 4-22-2-24 through IC 4-22-2-36.
24 SECTION 10. IC 8-1-40-13, AS ADDED BY P.L.264-2017,
25 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 UPON PASSAGE]: Sec. 13. (a) This section applies to a customer that
27 installs a net metering facility (as defined in 170 IAC 4-4.2-1(k)) on the
28 customer's premises:
29 (1) after December 31, 2017; and
30 (2) before the date on which the net metering tariff of the
31 customer's electricity supplier terminates under section 10(1)
32 10(a)(1) or 10(2) 10(a)(2) of this chapter.
33 (b) A customer that is participating in an electricity supplier's net
34 metering tariff on the date on which the electricity supplier's net
35 metering tariff terminates under section 10(1) 10(a)(1) or 10(2)
36 10(a)(2) of this chapter shall continue to be served under the terms and
37 conditions of the net metering tariff until:
38 (1) the customer removes from the customer's premises or
39 replaces the net metering facility (as defined in 170
40 IAC 4-4.2-1(k)); or
41 (2) July 1, 2032; 2035;
42 whichever occurs earlier.
2022 IN 1136—LS 6527/DI 101 6
1 (c) A successor in interest to a customer's premises on which a net
2 metering facility (as defined in 170 IAC 4-4.2-1(k)) that was installed
3 during the period described in subsection (a) is located may, if the
4 successor in interest chooses, be served under the terms and conditions
5 of the net metering tariff of the electricity supplier that provides retail
6 electric service at the premises until:
7 (1) the net metering facility (as defined in 170 IAC 4-4.2-1(k)) is
8 removed from the premises or is replaced; or
9 (2) July 1, 2032; 2035;
10 whichever occurs earlier.
11 (d) The amount of nameplate capacity of a net metering facility
12 (as defined in 170 IAC 4-4.2-1(k)) installed on a customer's
13 premises during the time frame set forth in subsection (a) is the
14 amount of the customer's net metering facility (as defined in 170
15 IAC 4-4.2-1(k)) nameplate capacity considered to be participating
16 in the net metering tariff of the customer's electricity supplier as
17 of the end of the time frame set forth in subsection (a). Any repairs,
18 updates, or upgrades to portions of the net metering facility (as
19 defined in 170 IAC 4-4.2-1(k)) that:
20 (1) are made after the time frame set forth in subsection (a);
21 and
22 (2) do not increase the nameplate capacity of the net metering
23 facility;
24 are not considered a replacement of the net metering facility for
25 purposes of subsections (b)(1) and (c)(1).
26 SECTION 11. IC 8-1-40-14, AS ADDED BY P.L.264-2017,
27 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 UPON PASSAGE]: Sec. 14. (a) This section applies to a customer that
29 installs a net metering facility (as defined in 170 IAC 4-4.2-1(k)) on the
30 customer's premises before January 1, 2018.
31 (b) A customer that is participating in an electricity supplier's net
32 metering tariff on December 31, 2017, shall continue to be served
33 under the terms and conditions of the net metering tariff until:
34 (1) the customer removes from the customer's premises or
35 replaces the net metering facility (as defined in 170
36 IAC 4-4.2-1(k)); or
37 (2) July 1, 2047; 2050;
38 whichever occurs earlier.
39 (c) A successor in interest to a customer's premises on which is
40 located a net metering facility (as defined in 170 IAC 4-4.2-1(k)) that
41 was installed before January 1, 2018, may, if the successor in interest
42 chooses, be served under the terms and conditions of the net metering
2022 IN 1136—LS 6527/DI 101 7
1 tariff of the electricity supplier that provides retail electric service at
2 the premises until:
3 (1) the net metering facility (as defined in 170 IAC 4-4.2-1(k)) is
4 removed from the premises or is replaced; or
5 (2) July 1, 2047; 2050;
6 whichever occurs earlier.
7 (d) The amount of nameplate capacity of a net metering facility
8 (as defined in 170 IAC 4-4.2-1(k)) installed on a customer's
9 premises before January 1, 2018, is the amount of the customer's
10 net metering facility (as defined in 170 IAC 4-4.2-1(k)) nameplate
11 capacity considered to be participating in the net metering tariff of
12 the customer's electricity supplier as of December 31, 2017. Any
13 repairs, updates, or upgrades to portions of the net metering
14 facility (as defined in 170 IAC 4-4.2-1(k)) that:
15 (1) are made after December 31, 2017; and
16 (2) do not increase the nameplate capacity of the net metering
17 facility;
18 are not considered a replacement of the net metering facility for
19 purposes of subsections (b)(1) and (c)(1).
20 SECTION 12. IC 8-1-40-16, AS ADDED BY P.L.264-2017,
21 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 UPON PASSAGE]: Sec. 16. Not later than March 1, 2021, 2024, an
23 electricity supplier shall file with the commission a petition requesting
24 a rate for the procurement of excess distributed generation by the
25 electricity supplier. After an electricity supplier's initial rate for excess
26 distributed generation is approved by the commission under section 17
27 of this chapter, the electricity supplier shall submit on an annual basis,
28 not later than March 1 of each year, an updated rate for excess
29 distributed generation in accordance with the methodology set forth in
30 section 17 of this chapter.
31 SECTION 13. IC 8-1-40-21, AS ADDED BY P.L.264-2017,
32 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 UPON PASSAGE]: Sec. 21. (a) Subject to subsection (b) and sections
34 10 and 11 of this chapter, after June 30, 2017, the commission's rules
35 and standards set forth in:
36 (1) 170 IAC 4-4.2 (concerning net metering); and
37 (2) 170 IAC 4-4.3 (concerning interconnection);
38 remain in effect and apply to net metering under an electricity
39 supplier's net metering tariff and to distributed generation under this
40 chapter.
41 (b) Except as provided in section 12 of this chapter, after June 30,
42 2017, the commission may adopt changes under IC 4-22-2, including
2022 IN 1136—LS 6527/DI 101 8
1 emergency rules in the manner provided by IC 4-22-2-37.1, to the rules
2 and standards described in subsection (a) only as necessary to:
3 (1) update fees or charges;
4 (2) adopt revisions necessitated by new technologies; or
5 (3) reflect changes in safety, performance, or reliability standards.
6 Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted by the
7 commission under this subsection and in the manner provided by
8 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
9 emergency rule is adopted by the commission under IC 4-22-2-24
10 through IC 4-22-2-36.
11 SECTION 14. IC 8-1-40-22, AS ADDED BY P.L.264-2017,
12 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 UPON PASSAGE]: Sec. 22. A net metering customer (as defined in
14 170 IAC 4-4.2-1(j)) or a customer that produces distributed generation
15 shall comply with applicable safety, performance, and reliability
16 standards established by the following:
17 (1) The commission.
18 (2) An electricity supplier, subject to approval by the commission.
19 (3) The National Electric Code.
20 (4) The National Electrical Safety Code.
21 (5) The Institute of Electrical and Electronics Engineers.
22 (6) Underwriters Laboratories.
23 (7) The Federal Energy Regulatory Commission.
24 (8) Local regulatory authorities.
25 SECTION 15. IC 8-1-40-23, AS ADDED BY P.L.264-2017,
26 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 UPON PASSAGE]: Sec. 23. (a) A net metering customer (as defined
28 in 170 IAC 4-4.2-1(j)) or a customer that produces distributed
29 generation has the following rights regarding the installation and
30 ownership of a net metering facility (as defined in 170
31 IAC 4-4.2-1(k)) or distributed generation equipment, as applicable:
32 (1) The right to know that the attorney general is authorized to
33 enforce this section, including by receiving complaints
34 concerning the installation and ownership of a net metering
35 facility (as defined in 170 IAC 4-4.2-1(k)) or distributed
36 generation equipment.
37 (2) The right to know the expected amount of electricity that will
38 be produced by the net metering facility (as defined in 170
39 IAC 4-4.2-1(k)) or the distributed generation equipment that the
40 customer is purchasing.
41 (3) The right to know all costs associated with installing a net
42 metering facility (as defined in 170 IAC 4-4.2-1(k)) or
2022 IN 1136—LS 6527/DI 101 9
1 distributed generation equipment, including any taxes for which
2 the customer is liable.
3 (4) The right to know the value of all federal, state, or local tax
4 credits or other incentives or rebates that the customer may
5 receive.
6 (5) The right to know the rate at which the customer will be
7 credited for electricity produced by the customer's net metering
8 facility (as defined in 170 IAC 4-4.2-1(k)) or distributed
9 generation equipment and delivered to a public utility (as defined
10 in IC 8-1-2-1).
11 (6) The right to know if a provider of a net metering facility (as
12 defined in 170 IAC 4-4.2-1(k)) or distributed generation
13 equipment insures the net metering facility (as defined in 170
14 IAC 4-4.2-1(k)) or distributed generation equipment against
15 damage or loss and, if applicable, any circumstances under which
16 the provider does not insure against or otherwise cover damage to
17 or loss of the net metering facility (as defined in 170
18 IAC 4-4.2-1(k)) or distributed generation equipment.
19 (7) The right to know the responsibilities of a provider of a net
20 metering facility (as defined in 170 IAC 4-4.2-1(k)) or
21 distributed generation equipment with respect to installing or
22 removing the net metering facility (as defined in 170
23 IAC 4-4.2-1(k)) or distributed generation equipment.
24 (b) The attorney general, in consultation with the commission, shall
25 adopt rules under IC 4-22-2 that the attorney general considers
26 necessary to implement and enforce this section, including a rule
27 requiring written disclosure of the rights set forth in subsection (a) by
28 a provider of a net metering facility (as defined in 170
29 IAC 4-4.2-1(k)) or distributed generation equipment to a customer. In
30 adopting the rules required by this subsection, the attorney general may
31 adopt emergency rules in the manner provided by IC 4-22-2-37.1.
32 Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted by the
33 attorney general under this subsection and in the manner provided by
34 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
35 emergency rule is adopted by the attorney general under IC 4-22-2-24
36 through IC 4-22-2-36.
37 SECTION 16. [EFFECTIVE UPON PASSAGE] (a) The definitions
38 in IC 8-1-40, as amended by this act, apply throughout this
39 SECTION.
40 (b) Notwithstanding IC 8-1-40, before its amendment by this act,
41 an electricity supplier shall make a net metering tariff available to
42 the electricity supplier's customers under IC 8-1-40, as amended by
2022 IN 1136—LS 6527/DI 101 10
1 this act, regardless of whether, as of the effective date of this act:
2 (1) the aggregate amount of net metering facility nameplate
3 capacity under the electricity supplier's net metering tariff
4 equals at least one and one-half percent (1.5%) of the most
5 recent summer peak load of the electricity supplier;
6 (2) the electricity supplier has filed a petition with the
7 commission under IC 8-1-40-16, before its amendment by this
8 act; or
9 (3) the commission has approved:
10 (A) a rate under IC 8-1-40-17; or
11 (B) an excess distributed generation tariff;
12 for the electricity supplier.
13 (c) If, before the effective date of this act, an electricity supplier
14 has filed a petition with the commission under IC 8-1-40-16, before
15 its amendment by this act, and the commission, as of the effective
16 date of this act, has not approved a rate under IC 8-1-40-17 or an
17 excess distributed generation tariff for the electricity supplier, the
18 commission:
19 (1) shall stay review of the petition until the conditions under
20 IC 8-1-40-10, as amended by this act, apply to the electricity
21 supplier; and
22 (2) may allow or require the electricity supplier to file an
23 amended petition under IC 8-1-40-16, as amended by this act,
24 when the conditions under IC 8-1-40-10, as amended by this
25 act, apply to the electricity supplier.
26 (d) If, before the effective date of this act, the commission has
27 approved a rate under IC 8-1-40-17 or an excess distributed
28 generation tariff for an electricity supplier, the electricity supplier
29 may not procure excess distributed generation produced by a
30 customer at the approved rate or under the approved tariff unless:
31 (1) the conditions under IC 8-1-40-10, as amended by this act,
32 apply to the electricity supplier;
33 (2) the electricity supplier files a petition with the commission
34 requesting approval for the electricity supplier to procure
35 excess distributed generation produced by a customer at the
36 approved rate or under the approved tariff; and
37 (3) the commission approves the electricity supplier's petition
38 filed under subdivision (2).
39 (e) This SECTION expires January 1, 2026.
40 SECTION 17. An emergency is declared for this act.
2022 IN 1136—LS 6527/DI 101