Indiana 2022 Regular Session

Indiana House Bill HB1136 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1136
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 8-1-40.
7	7	Synopsis: Net metering for electricity generation. Amends the statute
8	8	concerning distributed electricity generation as follows: (1) Defines a
9	9	"public use customer" of an electricity supplier as a customer that is:
10	10	(A) a school corporation; or (B) a local unit. (2) Provides that an
11	11	electricity supplier's net metering tariff must be made and remain
12	12	available to customers until the earlier of: (A) January 1 of the first
13	13	calendar year after the calendar year in which the aggregate amount of
14	14	net metering facility nameplate capacity under the electricity supplier's
15	15	net metering tariff equals at least 3% (versus 1.5% under current law)
16	16	of the electricity supplier's most recent summer peak load; or (B) July
17	17	1, 2025 (versus July 1, 2022, under current law). (3) Provides that
18	18	before July 1, 2022, an electricity supplier shall amend its net metering
19	19	tariff, or file a new net metering tariff with the utility regulatory
20	20	commission (IURC), to do the following: (A) Establish as the allowed
21	21	limit on the aggregate amount of net metering facility nameplate
22	22	capacity under the tariff an amount equal to at least 3% of the
23	23	electricity supplier's most recent summer peak load. (B) Allow a public
24	24	use customer that: (i) operates a net metering facility on a premises that
25	25	the public use customer owns or controls before the installation of the
26	26	net metering facility; and (ii) is billed by the electricity supplier for
27	27	electricity measured at more than one meter; to choose to be billed or
28	28	credited for the difference between the kilowatt hours delivered by the
29	29	electricity supplier as measured by any one or more of those meters, not
30	30	to exceed three, and the kilowatt hours generated and delivered to the
31	31	electricity supplier by the net metering facility. (4) Provides that before
32	32	July 1, 2022, the IURC shall make similar amendments to its net
33	33	(Continued next page)
34	34	Effective: Upon passage.
35	35	Cook, Schaibley
36	36	January 6, 2022, read first time and referred to Committee on Utilities, Energy and
37	37	Telecommunications.
38	38	2022 IN 1136—LS 6527/DI 101 Digest Continued
39	39	metering rules. (5) Specifies that any repairs, updates, or upgrades to
40	40	portions of a net metering facility that do not increase the nameplate
41	41	capacity of the net metering facility are not considered a replacement
42	42	of the net metering facility for purposes of certain provisions providing
43	43	for the extended availability of an electricity supplier's net metering
44	44	tariff for customers that install a net metering facility before certain
45	45	specified deadlines. (6) Specifies that net metering customers must
46	46	comply with certain safety, performance, and reliability standards with
47	47	which customers that produce distributed generation must comply. (7)
48	48	Specifies that a net metering customer has certain rights regarding the
49	49	installation and ownership of a net metering facility that a customer
50	50	that produces distributed generation has with respect to the installation
51	51	and ownership of distributed generation equipment. (8) Adds a
52	52	noncode provision staying the implementation of a rate or tariff for the
53	53	procurement of excess distributed generation for which an electricity
54	54	supplier has applied or received approval from the IURC under current
55	55	law, until such time as the conditions for the expiration of the
56	56	electricity supplier's net metering tariff, as set forth in the bill, apply to
57	57	the electricity supplier.
58	58	2022 IN 1136—LS 6527/DI 1012022 IN 1136—LS 6527/DI 101 Introduced
59	59	Second Regular Session of the 122nd General Assembly (2022)
60	60	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
61	61	Constitution) is being amended, the text of the existing provision will appear in this style type,
62	62	additions will appear in this style type, and deletions will appear in this style type.
63	63	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
64	64	provision adopted), the text of the new provision will appear in this style type. Also, the
65	65	word NEW will appear in that style type in the introductory clause of each SECTION that adds
66	66	a new provision to the Indiana Code or the Indiana Constitution.
67	67	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
68	68	between statutes enacted by the 2021 Regular Session of the General Assembly.
69	69	HOUSE BILL No. 1136
70	70	A BILL FOR AN ACT to amend the Indiana Code concerning
71	71	utilities.
72	72	Be it enacted by the General Assembly of the State of Indiana:
73	73	1 SECTION 1. IC 8-1-40-5.5 IS ADDED TO THE INDIANA CODE
74	74	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
75	75	3 UPON PASSAGE]: Sec. 5.5. As used in this chapter, "install", with
76	76	4 respect to a net metering facility (as defined in 170 IAC 4-4.2-1(k))
77	77	5 of a customer, means to set up so that the net metering facility (as
78	78	6 defined in 170 IAC 4-4.2-1(k)) can be safely energized,
79	79	7 notwithstanding any metering or inspection requirements that the
80	80	8 customer's electricity supplier has not yet performed.
81	81	9 SECTION 2. IC 8-1-40-6.5 IS ADDED TO THE INDIANA CODE
82	82	10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
83	83	11 UPON PASSAGE]: Sec. 6.5. As used in this chapter, "nameplate
84	84	12 capacity" means the following:
85	85	13 (1) The full-load continuous rating of a generator under
86	86	14 specified conditions, as designated by the manufacturer.
87	87	15 (2) For an inverter-based net metering facility, the aggregate
88	88	2022 IN 1136—LS 6527/DI 101 2
89	89	1 output rating of all inverters in the facility, measured in
90	90	2 kilowatts.
91	91	3 SECTION 3. IC 8-1-40-7, AS ADDED BY P.L.264-2017,
92	92	4 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
93	93	5 UPON PASSAGE]: Sec. 7. As used in this chapter, "net metering
94	94	6 tariff" means a tariff that
95	95	7 (1) an electricity supplier offers for net metering under 170
96	96	8 IAC 4-4.2. and
97	97	9 (2) is in effect on January 1, 2017.
98	98	10 SECTION 4. IC 8-1-40-8, AS ADDED BY P.L.264-2017,
99	99	11 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
100	100	12 UPON PASSAGE]: Sec. 8. As used in this chapter, "premises" means
101	101	13 a single tract of land on which a customer consumes electricity for
102	102	14 residential, business, or other private or public purposes.
103	103	15 SECTION 5. IC 8-1-40-8.2 IS ADDED TO THE INDIANA CODE
104	104	16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
105	105	17 UPON PASSAGE]: Sec. 8.2. As used in this chapter, "public use
106	106	18 customer" means a customer that is:
107	107	19 (1) a school corporation (as defined in IC 36-1-2-17); or
108	108	20 (2) a unit (as defined in IC 36-1-2-23).
109	109	21 SECTION 6. IC 8-1-40-9.3 IS ADDED TO THE INDIANA CODE
110	110	22 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
111	111	23 UPON PASSAGE]: Sec. 9.3. As used in this chapter, "successor in
112	112	24 interest" means a person or entity that follows another person or
113	113	25 entity in the ownership or control of property.
114	114	26 SECTION 7. IC 8-1-40-10, AS ADDED BY P.L.264-2017,
115	115	27 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
116	116	28 UPON PASSAGE]: Sec. 10. (a) Subject to sections 13 and 14 of this
117	117	29 chapter, a net metering tariff of an electricity supplier must be made
118	118	30 and remain available to the electricity supplier's customers until the
119	119	31 earlier of the following:
120	120	32 (1) January 1 of the first calendar year after the calendar year in
121	121	33 which the aggregate amount of net metering facility nameplate
122	122	34 capacity under the electricity supplier's net metering tariff equals
123	123	35 at least one and one-half three percent (1.5%) (3%) of the most
124	124	36 recent summer peak load of the electricity supplier.
125	125	37 (2) July 1, 2022. 2025.
126	126	38 (b) Before July 1, 2022, each electricity supplier shall petition
127	127	39 the commission for approval of an amended or a new net metering
128	128	40 tariff that:
129	129	41 (1) complies with this section and section 12(b) of this chapter;
130	130	42 and
131	131	2022 IN 1136—LS 6527/DI 101 3
132	132	1 (2) does not include any other substantive changes to the
133	133	2 terms and conditions of the existing net metering tariff being
134	134	3 amended or replaced.
135	135	4 Not later than thirty (30) days after receipt of a petition under this
136	136	5 subsection, the commission shall review the petition and, if the
137	137	6 petition complies with subdivisions (1) and (2), shall approve the
138	138	7 electricity supplier's new or amended net metering tariff. If the
139	139	8 commission determines that the petition does not comply with
140	140	9 subdivisions (1) and (2), the commission shall notify the electricity
141	141	10 supplier of the defect and shall require the electricity supplier to
142	142	11 remedy the defect not later than a date set forth by the commission
143	143	12 in its notice to the electricity supplier under this subsection.
144	144	13 (c) Before July 1, 2022, 2025, if an electricity supplier reasonably
145	145	14 anticipates, at any point in a calendar year, that the aggregate amount
146	146	15 of net metering facility nameplate capacity under the electricity
147	147	16 supplier's net metering tariff will equal at least one and one-half three
148	148	17 percent (1.5%) (3%) of the most recent summer peak load of the
149	149	18 electricity supplier, the electricity supplier shall, in accordance with
150	150	19 section 16 of this chapter, petition the commission for approval of a
151	151	20 rate for the procurement of excess distributed generation.
152	152	21 SECTION 8. IC 8-1-40-11, AS ADDED BY P.L.264-2017,
153	153	22 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
154	154	23 UPON PASSAGE]: Sec. 11. (a) Except as provided in sections 10(b),
155	155	24 12, and 21(b) of this chapter, before July 1, 2047: 2050:
156	156	25 (1) an electricity supplier may not seek to change the terms and
157	157	26 conditions of the electricity supplier's net metering tariff; and
158	158	27 (2) the commission may not approve changes to an electricity
159	159	28 supplier's net metering tariff.
160	160	29 (b) Except as provided in sections 13 and 14 of this chapter, after
161	161	30 June 30, 2022: 2025:
162	162	31 (1) an electricity supplier may not make a net metering tariff
163	163	32 available to customers; and
164	164	33 (2) the terms and conditions of a net metering tariff offered by an
165	165	34 electricity supplier before July 1, 2022, 2025, expire and are
166	166	35 unenforceable.
167	167	36 SECTION 9. IC 8-1-40-12, AS ADDED BY P.L.264-2017,
168	168	37 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
169	169	38 UPON PASSAGE]: Sec. 12. (a) Before January 1, 2018, the
170	170	39 commission shall amend 170 IAC 4-4.2-4, and an electricity supplier
171	171	40 shall amend the electricity supplier's net metering tariff, to do the
172	172	41 following:
173	173	42 (1) Increase the allowed limit on the aggregate amount of net
174	174	2022 IN 1136—LS 6527/DI 101 4
175	175	1 metering facility nameplate capacity under the net metering tariff
176	176	2 to one and one-half percent (1.5%) of the most recent summer
177	177	3 peak load of the electricity supplier.
178	178	4 (2) Modify the required reservation of capacity under the limit
179	179	5 described in subdivision (1) to require the reservation of:
180	180	6 (A) forty percent (40%) of the capacity for participation by
181	181	7 residential customers; and
182	182	8 (B) fifteen percent (15%) of the capacity for participation by
183	183	9 customers that install a net metering facility that uses a
184	184	10 renewable energy resource described in IC 8-1-37-4(a)(5).
185	185	11 (b) Before July 1, 2022, an electricity supplier shall amend, in
186	186	12 accordance with section 10(b) of this chapter, the electricity
187	187	13 supplier's net metering tariff, or shall file a new net metering tariff,
188	188	14 to do the following:
189	189	15 (1) Establish as the allowed limit on the aggregate amount of
190	190	16 net metering facility nameplate capacity under the net
191	191	17 metering tariff an amount equal to at least three percent (3%)
192	192	18 of the most recent summer peak load of the electricity
193	193	19 supplier.
194	194	20 (2) Allow a public use customer that:
195	195	21 (A) operates a net metering facility (as defined in 170
196	196	22 IAC 4-4.2-1(k)) on a premises that is:
197	197	23 (i) owned or controlled by the public use customer before
198	198	24 the installation of the net metering facility; and
199	199	25 (ii) within the electricity supplier's service area; and
200	200	26 (B) is billed by the electricity supplier for electricity
201	201	27 measured at more than one (1) meter;
202	202	28 to choose to be billed or credited under 170 IAC 4-4.2-7 for
203	203	29 the difference between the kilowatt hours delivered by the
204	204	30 electricity supplier as measured by any one (1) or more of the
205	205	31 customer's meters, not to exceed three (3), as specified by the
206	206	32 customer, and the kilowatt hours generated and delivered to
207	207	33 the electricity supplier by the net metering facility (as defined
208	208	34 in 170 IAC 4-4.2-1(k)).
209	209	35 (c) Before July 1, 2022, the commission shall amend 170
210	210	36 IAC 4-4.2 to do the following:
211	211	37 (1) Establish as the allowed limit on the aggregate amount of
212	212	38 net metering facility nameplate capacity that an electricity
213	213	39 supplier may establish under the electricity supplier's net
214	214	40 metering tariff an amount equal to at least three percent (3%)
215	215	41 of the most recent summer peak load of the electricity
216	216	42 supplier.
217	217	2022 IN 1136—LS 6527/DI 101 5
218	218	1 (2) Provide that an electricity supplier must allow a public use
219	219	2 customer that:
220	220	3 (A) operates a net metering facility (as defined in 170
221	221	4 IAC 4-4.2-1(k)) on a premises that is:
222	222	5 (i) owned or controlled by the public use customer before
223	223	6 the installation of the net metering facility; and
224	224	7 (ii) within the electricity supplier's service area; and
225	225	8 (B) is billed by the electricity supplier for electricity
226	226	9 measured at more than one (1) meter;
227	227	10 to choose to be billed or credited under 170 IAC 4-4.2-7 for
228	228	11 the difference between the kilowatt hours delivered by the
229	229	12 electricity supplier as measured by any one (1) or more of the
230	230	13 customer's meters, not to exceed three (3), as specified by the
231	231	14 customer, and the kilowatt hours generated and delivered to
232	232	15 the electricity supplier by the net metering facility (as defined
233	233	16 in 170 IAC 4-4.2-1(k)).
234	234	17 (b) (d) In amending 170 IAC 4-4.2-4, as required by subsection
235	235	18 subsections (a) and (c), the commission may adopt emergency rules
236	236	19 in the manner provided by IC 4-22-2-37.1. Notwithstanding
237	237	20 IC 4-22-2-37.1(g), an emergency rule adopted by the commission under
238	238	21 this section and in the manner provided by IC 4-22-2-37.1 expires on
239	239	22 the date on which a rule that supersedes the emergency rule is adopted
240	240	23 by the commission under IC 4-22-2-24 through IC 4-22-2-36.
241	241	24 SECTION 10. IC 8-1-40-13, AS ADDED BY P.L.264-2017,
242	242	25 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
243	243	26 UPON PASSAGE]: Sec. 13. (a) This section applies to a customer that
244	244	27 installs a net metering facility (as defined in 170 IAC 4-4.2-1(k)) on the
245	245	28 customer's premises:
246	246	29 (1) after December 31, 2017; and
247	247	30 (2) before the date on which the net metering tariff of the
248	248	31 customer's electricity supplier terminates under section 10(1)
249	249	32 10(a)(1) or 10(2) 10(a)(2) of this chapter.
250	250	33 (b) A customer that is participating in an electricity supplier's net
251	251	34 metering tariff on the date on which the electricity supplier's net
252	252	35 metering tariff terminates under section 10(1) 10(a)(1) or 10(2)
253	253	36 10(a)(2) of this chapter shall continue to be served under the terms and
254	254	37 conditions of the net metering tariff until:
255	255	38 (1) the customer removes from the customer's premises or
256	256	39 replaces the net metering facility (as defined in 170
257	257	40 IAC 4-4.2-1(k)); or
258	258	41 (2) July 1, 2032; 2035;
259	259	42 whichever occurs earlier.
260	260	2022 IN 1136—LS 6527/DI 101 6
261	261	1 (c) A successor in interest to a customer's premises on which a net
262	262	2 metering facility (as defined in 170 IAC 4-4.2-1(k)) that was installed
263	263	3 during the period described in subsection (a) is located may, if the
264	264	4 successor in interest chooses, be served under the terms and conditions
265	265	5 of the net metering tariff of the electricity supplier that provides retail
266	266	6 electric service at the premises until:
267	267	7 (1) the net metering facility (as defined in 170 IAC 4-4.2-1(k)) is
268	268	8 removed from the premises or is replaced; or
269	269	9 (2) July 1, 2032; 2035;
270	270	10 whichever occurs earlier.
271	271	11 (d) The amount of nameplate capacity of a net metering facility
272	272	12 (as defined in 170 IAC 4-4.2-1(k)) installed on a customer's
273	273	13 premises during the time frame set forth in subsection (a) is the
274	274	14 amount of the customer's net metering facility (as defined in 170
275	275	15 IAC 4-4.2-1(k)) nameplate capacity considered to be participating
276	276	16 in the net metering tariff of the customer's electricity supplier as
277	277	17 of the end of the time frame set forth in subsection (a). Any repairs,
278	278	18 updates, or upgrades to portions of the net metering facility (as
279	279	19 defined in 170 IAC 4-4.2-1(k)) that:
280	280	20 (1) are made after the time frame set forth in subsection (a);
281	281	21 and
282	282	22 (2) do not increase the nameplate capacity of the net metering
283	283	23 facility;
284	284	24 are not considered a replacement of the net metering facility for
285	285	25 purposes of subsections (b)(1) and (c)(1).
286	286	26 SECTION 11. IC 8-1-40-14, AS ADDED BY P.L.264-2017,
287	287	27 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
288	288	28 UPON PASSAGE]: Sec. 14. (a) This section applies to a customer that
289	289	29 installs a net metering facility (as defined in 170 IAC 4-4.2-1(k)) on the
290	290	30 customer's premises before January 1, 2018.
291	291	31 (b) A customer that is participating in an electricity supplier's net
292	292	32 metering tariff on December 31, 2017, shall continue to be served
293	293	33 under the terms and conditions of the net metering tariff until:
294	294	34 (1) the customer removes from the customer's premises or
295	295	35 replaces the net metering facility (as defined in 170
296	296	36 IAC 4-4.2-1(k)); or
297	297	37 (2) July 1, 2047; 2050;
298	298	38 whichever occurs earlier.
299	299	39 (c) A successor in interest to a customer's premises on which is
300	300	40 located a net metering facility (as defined in 170 IAC 4-4.2-1(k)) that
301	301	41 was installed before January 1, 2018, may, if the successor in interest
302	302	42 chooses, be served under the terms and conditions of the net metering
303	303	2022 IN 1136—LS 6527/DI 101 7
304	304	1 tariff of the electricity supplier that provides retail electric service at
305	305	2 the premises until:
306	306	3 (1) the net metering facility (as defined in 170 IAC 4-4.2-1(k)) is
307	307	4 removed from the premises or is replaced; or
308	308	5 (2) July 1, 2047; 2050;
309	309	6 whichever occurs earlier.
310	310	7 (d) The amount of nameplate capacity of a net metering facility
311	311	8 (as defined in 170 IAC 4-4.2-1(k)) installed on a customer's
312	312	9 premises before January 1, 2018, is the amount of the customer's
313	313	10 net metering facility (as defined in 170 IAC 4-4.2-1(k)) nameplate
314	314	11 capacity considered to be participating in the net metering tariff of
315	315	12 the customer's electricity supplier as of December 31, 2017. Any
316	316	13 repairs, updates, or upgrades to portions of the net metering
317	317	14 facility (as defined in 170 IAC 4-4.2-1(k)) that:
318	318	15 (1) are made after December 31, 2017; and
319	319	16 (2) do not increase the nameplate capacity of the net metering
320	320	17 facility;
321	321	18 are not considered a replacement of the net metering facility for
322	322	19 purposes of subsections (b)(1) and (c)(1).
323	323	20 SECTION 12. IC 8-1-40-16, AS ADDED BY P.L.264-2017,
324	324	21 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
325	325	22 UPON PASSAGE]: Sec. 16. Not later than March 1, 2021, 2024, an
326	326	23 electricity supplier shall file with the commission a petition requesting
327	327	24 a rate for the procurement of excess distributed generation by the
328	328	25 electricity supplier. After an electricity supplier's initial rate for excess
329	329	26 distributed generation is approved by the commission under section 17
330	330	27 of this chapter, the electricity supplier shall submit on an annual basis,
331	331	28 not later than March 1 of each year, an updated rate for excess
332	332	29 distributed generation in accordance with the methodology set forth in
333	333	30 section 17 of this chapter.
334	334	31 SECTION 13. IC 8-1-40-21, AS ADDED BY P.L.264-2017,
335	335	32 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
336	336	33 UPON PASSAGE]: Sec. 21. (a) Subject to subsection (b) and sections
337	337	34 10 and 11 of this chapter, after June 30, 2017, the commission's rules
338	338	35 and standards set forth in:
339	339	36 (1) 170 IAC 4-4.2 (concerning net metering); and
340	340	37 (2) 170 IAC 4-4.3 (concerning interconnection);
341	341	38 remain in effect and apply to net metering under an electricity
342	342	39 supplier's net metering tariff and to distributed generation under this
343	343	40 chapter.
344	344	41 (b) Except as provided in section 12 of this chapter, after June 30,
345	345	42 2017, the commission may adopt changes under IC 4-22-2, including
346	346	2022 IN 1136—LS 6527/DI 101 8
347	347	1 emergency rules in the manner provided by IC 4-22-2-37.1, to the rules
348	348	2 and standards described in subsection (a) only as necessary to:
349	349	3 (1) update fees or charges;
350	350	4 (2) adopt revisions necessitated by new technologies; or
351	351	5 (3) reflect changes in safety, performance, or reliability standards.
352	352	6 Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted by the
353	353	7 commission under this subsection and in the manner provided by
354	354	8 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
355	355	9 emergency rule is adopted by the commission under IC 4-22-2-24
356	356	10 through IC 4-22-2-36.
357	357	11 SECTION 14. IC 8-1-40-22, AS ADDED BY P.L.264-2017,
358	358	12 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
359	359	13 UPON PASSAGE]: Sec. 22. A net metering customer (as defined in
360	360	14 170 IAC 4-4.2-1(j)) or a customer that produces distributed generation
361	361	15 shall comply with applicable safety, performance, and reliability
362	362	16 standards established by the following:
363	363	17 (1) The commission.
364	364	18 (2) An electricity supplier, subject to approval by the commission.
365	365	19 (3) The National Electric Code.
366	366	20 (4) The National Electrical Safety Code.
367	367	21 (5) The Institute of Electrical and Electronics Engineers.
368	368	22 (6) Underwriters Laboratories.
369	369	23 (7) The Federal Energy Regulatory Commission.
370	370	24 (8) Local regulatory authorities.
371	371	25 SECTION 15. IC 8-1-40-23, AS ADDED BY P.L.264-2017,
372	372	26 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
373	373	27 UPON PASSAGE]: Sec. 23. (a) A net metering customer (as defined
374	374	28 in 170 IAC 4-4.2-1(j)) or a customer that produces distributed
375	375	29 generation has the following rights regarding the installation and
376	376	30 ownership of a net metering facility (as defined in 170
377	377	31 IAC 4-4.2-1(k)) or distributed generation equipment, as applicable:
378	378	32 (1) The right to know that the attorney general is authorized to
379	379	33 enforce this section, including by receiving complaints
380	380	34 concerning the installation and ownership of a net metering
381	381	35 facility (as defined in 170 IAC 4-4.2-1(k)) or distributed
382	382	36 generation equipment.
383	383	37 (2) The right to know the expected amount of electricity that will
384	384	38 be produced by the net metering facility (as defined in 170
385	385	39 IAC 4-4.2-1(k)) or the distributed generation equipment that the
386	386	40 customer is purchasing.
387	387	41 (3) The right to know all costs associated with installing a net
388	388	42 metering facility (as defined in 170 IAC 4-4.2-1(k)) or
389	389	2022 IN 1136—LS 6527/DI 101 9
390	390	1 distributed generation equipment, including any taxes for which
391	391	2 the customer is liable.
392	392	3 (4) The right to know the value of all federal, state, or local tax
393	393	4 credits or other incentives or rebates that the customer may
394	394	5 receive.
395	395	6 (5) The right to know the rate at which the customer will be
396	396	7 credited for electricity produced by the customer's net metering
397	397	8 facility (as defined in 170 IAC 4-4.2-1(k)) or distributed
398	398	9 generation equipment and delivered to a public utility (as defined
399	399	10 in IC 8-1-2-1).
400	400	11 (6) The right to know if a provider of a net metering facility (as
401	401	12 defined in 170 IAC 4-4.2-1(k)) or distributed generation
402	402	13 equipment insures the net metering facility (as defined in 170
403	403	14 IAC 4-4.2-1(k)) or distributed generation equipment against
404	404	15 damage or loss and, if applicable, any circumstances under which
405	405	16 the provider does not insure against or otherwise cover damage to
406	406	17 or loss of the net metering facility (as defined in 170
407	407	18 IAC 4-4.2-1(k)) or distributed generation equipment.
408	408	19 (7) The right to know the responsibilities of a provider of a net
409	409	20 metering facility (as defined in 170 IAC 4-4.2-1(k)) or
410	410	21 distributed generation equipment with respect to installing or
411	411	22 removing the net metering facility (as defined in 170
412	412	23 IAC 4-4.2-1(k)) or distributed generation equipment.
413	413	24 (b) The attorney general, in consultation with the commission, shall
414	414	25 adopt rules under IC 4-22-2 that the attorney general considers
415	415	26 necessary to implement and enforce this section, including a rule
416	416	27 requiring written disclosure of the rights set forth in subsection (a) by
417	417	28 a provider of a net metering facility (as defined in 170
418	418	29 IAC 4-4.2-1(k)) or distributed generation equipment to a customer. In
419	419	30 adopting the rules required by this subsection, the attorney general may
420	420	31 adopt emergency rules in the manner provided by IC 4-22-2-37.1.
421	421	32 Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted by the
422	422	33 attorney general under this subsection and in the manner provided by
423	423	34 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
424	424	35 emergency rule is adopted by the attorney general under IC 4-22-2-24
425	425	36 through IC 4-22-2-36.
426	426	37 SECTION 16. [EFFECTIVE UPON PASSAGE] (a) The definitions
427	427	38 in IC 8-1-40, as amended by this act, apply throughout this
428	428	39 SECTION.
429	429	40 (b) Notwithstanding IC 8-1-40, before its amendment by this act,
430	430	41 an electricity supplier shall make a net metering tariff available to
431	431	42 the electricity supplier's customers under IC 8-1-40, as amended by
432	432	2022 IN 1136—LS 6527/DI 101 10
433	433	1 this act, regardless of whether, as of the effective date of this act:
434	434	2 (1) the aggregate amount of net metering facility nameplate
435	435	3 capacity under the electricity supplier's net metering tariff
436	436	4 equals at least one and one-half percent (1.5%) of the most
437	437	5 recent summer peak load of the electricity supplier;
438	438	6 (2) the electricity supplier has filed a petition with the
439	439	7 commission under IC 8-1-40-16, before its amendment by this
440	440	8 act; or
441	441	9 (3) the commission has approved:
442	442	10 (A) a rate under IC 8-1-40-17; or
443	443	11 (B) an excess distributed generation tariff;
444	444	12 for the electricity supplier.
445	445	13 (c) If, before the effective date of this act, an electricity supplier
446	446	14 has filed a petition with the commission under IC 8-1-40-16, before
447	447	15 its amendment by this act, and the commission, as of the effective
448	448	16 date of this act, has not approved a rate under IC 8-1-40-17 or an
449	449	17 excess distributed generation tariff for the electricity supplier, the
450	450	18 commission:
451	451	19 (1) shall stay review of the petition until the conditions under
452	452	20 IC 8-1-40-10, as amended by this act, apply to the electricity
453	453	21 supplier; and
454	454	22 (2) may allow or require the electricity supplier to file an
455	455	23 amended petition under IC 8-1-40-16, as amended by this act,
456	456	24 when the conditions under IC 8-1-40-10, as amended by this
457	457	25 act, apply to the electricity supplier.
458	458	26 (d) If, before the effective date of this act, the commission has
459	459	27 approved a rate under IC 8-1-40-17 or an excess distributed
460	460	28 generation tariff for an electricity supplier, the electricity supplier
461	461	29 may not procure excess distributed generation produced by a
462	462	30 customer at the approved rate or under the approved tariff unless:
463	463	31 (1) the conditions under IC 8-1-40-10, as amended by this act,
464	464	32 apply to the electricity supplier;
465	465	33 (2) the electricity supplier files a petition with the commission
466	466	34 requesting approval for the electricity supplier to procure
467	467	35 excess distributed generation produced by a customer at the
468	468	36 approved rate or under the approved tariff; and
469	469	37 (3) the commission approves the electricity supplier's petition
470	470	38 filed under subdivision (2).
471	471	39 (e) This SECTION expires January 1, 2026.
472	472	40 SECTION 17. An emergency is declared for this act.
473	473	2022 IN 1136—LS 6527/DI 101