*EH1221.1*
February 15, 2022
ENGROSSED
HOUSE BILL No. 1221
_____
DIGEST OF HB 1221 (Updated February 10, 2022 10:24 am - DI 101)
Citations Affected: IC 8-1.
Synopsis: Electric vehicles and electricity pricing. Provides that a
person that: (1) owns, operates, or leases electric vehicle (EV) supply
equipment; and (2) makes the EV supply equipment available for use
by the public for compensation; may charge the public for such use
based in whole or in part on the kilowatt hours of electricity sold.
Specifies that a person that makes EV supply equipment available for
use by the public for compensation, regardless of whether the person
charges the public for such use based on: (1) the kilowatt hours of
electricity sold; (2) the amount of time spent by an EV at a designated
charging space; or (3) a combination of both; is not a public utility
solely by reason of engaging in this activity. Authorizes the utility
regulatory commission (IURC) to approve: (1) time-varying price
structures and tariffs; or (2) other alternative pricing structures and
tariffs; for retail energy service. Defines a "public use electric vehicle"
(public use EV) as any of the following electric vehicles that is used
(Continued next page)
Effective: Upon passage.
Soliday, Manning, Negele, Hamilton
(SENATE SPONSORS — KOCH, RANDOLPH LONNIE M)
January 6, 2022, read first time and referred to Committee on Utilities, Energy and
Telecommunications.
January 18, 2022, amended, reported — Do Pass.
January 20, 2022, read second time, amended, ordered engrossed.
January 21, 2022, engrossed.
January 24, 2022, read third time, passed. Yeas 94, nays 0.
SENATE ACTION
February 1, 2022, read first time and referred to Committee on Utilities.
February 14, 2022, amended, reported favorably — Do Pass.
EH 1221—LS 7036/DI 101 Digest Continued
primarily to serve the public: (1) An electric school bus. (2) An electric
transit bus. (3) An electric vehicle used by a public or private
commercial enterprise primarily to deliver goods or services to the
public. Authorizes an electric utility (defined as a public utility that is
subject to the jurisdiction of the IURC) to request approval from the
IURC to implement a public use EV pilot program (pilot program) to
do any of the following: (1) Install, own, or operate charging
infrastructure or make-ready infrastructure to support public use EVs.
(2) Provide incentives or rebates to customers to encourage customer
investment in public use EVs and in associated EV supply equipment.
Sets forth certain required information that an electric utility's request
for approval of a pilot program must include. Provides that an electric
utility's request for approval of a pilot program may include a request
for: (1) assurance of cost recovery for pilot program capital costs, up
to the amount of an approved cost estimate; and (2) deferral of pilot
program capital costs. Sets forth the processes by which an electric
utility may request the IURC's approval of a pilot program. Provides
that the IURC shall approve an electric utility's request for approval of
a pilot program if the IURC determines that the proposed pilot program
is reasonable, just, and in the public interest. Sets forth certain factors
that the IURC must consider in making this determination. Specifies
that an electric utility is not prohibited from: (1) installing, owning, or
operating charging infrastructure or make-ready infrastructure for
electric vehicles; and (2) seeking to include the associated capital costs
in the electric utility's basic rates and charges by initiating a proceeding
before the IURC. Provides that in such a case, the IURC shall approve
the inclusion of the capital costs in the electric utility's basic rates and
charges if the IURC finds that the capital costs incurred are reasonable,
just, and in the public interest. Requires the IURC to adopt rules to
implement these provisions.
EH 1221—LS 7036/DI 101EH 1221—LS 7036/DI 101 February 15, 2022
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.
ENGROSSED
HOUSE BILL No. 1221
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 8-1-2-1.3 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 1.3. (a) As used in this section, "electric
4 vehicle", or "EV", means a vehicle that employs electrical energy
5 as a primary or secondary mode of propulsion. The term includes:
6 (1) all-electric vehicles; and
7 (2) plug-in hybrid electric vehicles.
8 (b) As used in this section, "electric vehicle supply equipment",
9 or "EV supply equipment", means a device or system designed and
10 used specifically to transfer electrical energy to an electric vehicle,
11 either as charge transferred by physical or wireless connection, by
12 loading a fully charged battery into the vehicle, or by other means.
13 (c) Subject to subsections (d) and (e), a person, including a joint
14 agency (as defined in IC 8-1-2.2-2), that:
15 (1) owns, operates, or leases EV supply equipment;
16 (2) makes the EV supply equipment available for use by the
17 public for compensation;
EH 1221—LS 7036/DI 101 2
1 (3) procures the electricity that is provided to the public for
2 compensation from an electricity supplier that is authorized
3 to engage in the retail sale of electricity within the assigned
4 service area in which the EV supply equipment is located; and
5 (4) resells electricity exclusively for the charging of plug-in
6 electric vehicles;
7 may charge the public for such use based in whole or in part on the
8 kilowatt hours of electricity sold in a particular transaction.
9 (d) Subject to subsection (c), a person, including a joint agency
10 (as defined in IC 8-1-2.2-2), that:
11 (1) owns, operates, or leases EV supply equipment; and
12 (2) makes the EV supply equipment available for use by the
13 public for compensation, regardless of whether the person
14 charges the public for such use based on:
15 (A) the kilowatt hours of electricity sold;
16 (B) the amount of time spent by an electric vehicle at a
17 designated charging space; or
18 (C) a combination of both clauses (A) and (B);
19 is not a public utility solely by reason of engaging in any activity
20 described in subdivisions (1) through (2).
21 (e) This section does not:
22 (1) apply to or prohibit the lawful use of:
23 (A) an alternate energy production facility;
24 (B) a cogeneration facility; or
25 (C) a small hydro facility;
26 within the scope of IC 8-1-2.4 by a retail electric customer for
27 the private provision of electrical energy to EV supply
28 equipment at the customer's location in connection with the
29 charging of electric vehicles;
30 (2) render the owner or operator of a facility described in
31 subdivision (1)(A) through (1)(C) a public utility by reason of
32 such lawful use of the facility described in subdivision (1); or
33 (3) render the provision of electrical energy by a facility
34 described in subdivision (1)(A) through (1)(C) a public utility
35 service that is subject to regulation by reason of such lawful
36 use of the facility described in subdivision (1).
37 (f) Subsection (e) does not authorize the furnishing of retail
38 electric service to the general public.
39 SECTION 2. IC 8-1-2-61 IS AMENDED TO READ AS FOLLOWS
40 [EFFECTIVE UPON PASSAGE]: Sec. 61. (a) Any public utility may
41 make complaint as to any matter affecting its own rates or service. The
42 petition or complaint must include a statement as to whether the utility,
EH 1221—LS 7036/DI 101 3
1 if a not-for-profit water utility or municipal utility, has any outstanding
2 indebtedness to the federal government. The public utility shall publish
3 a notice of the filing of such petition or complaint in a newspaper of
4 general circulation published in any county in which the public utility
5 renders service. An order affecting rates or service may be entered by
6 the commission without a formal public hearing, if:
7 (1) the utility is a not-for-profit water utility or a municipal utility;
8 and
9 (2) the utility has obtained written consent to obtain an order
10 affecting its rates from the commission without a formal hearing
11 from any agency of the federal government with which the utility
12 has outstanding evidence of indebtedness to the federal
13 government.
14 The commission may, however, on its own motion require a formal
15 public hearing, and shall, upon a motion filed by the utility consumer
16 counselor, by any public or municipal corporation, or by ten (10)
17 individuals, firms, corporations, limited liability companies, or
18 associations, or ten (10) complainants of all or any of these classes,
19 hold a formal public hearing with respect to any such petition or
20 complaint.
21 (b) In any general rate proceeding under subsection (a) which
22 requires a public hearing and in which an increase in revenues is
23 sought which exceeds the sum of two million five hundred thousand
24 dollars ($2,500,000), the commission shall conduct at least one (1)
25 public hearing in the largest municipality located within such utility's
26 service area.
27 (c) In a proceeding brought by an energy utility (as defined in
28 IC 8-1-2.5-2) under this section, the commission may approve:
29 (1) time-varying price structures and tariffs; or
30 (2) other alternative pricing structures and tariffs;
31 for retail energy service (as defined in IC 8-1-2.5-3), such as
32 time-of-use or off-peak pricing, critical peak pricing, variable peak
33 pricing, and real-time pricing.
34 SECTION 3. IC 8-1-2.5-6 IS AMENDED TO READ AS
35 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a)
36 Notwithstanding any other law or rule adopted by the commission,
37 except those cited, or rules adopted that pertain to those cited, in
38 section 11 of this chapter, in approving retail energy services or
39 establishing just and reasonable rates and charges, or both for an
40 energy utility electing to become subject to this section, the
41 commission may do the following:
42 (1) Adopt alternative regulatory practices, procedures, and
EH 1221—LS 7036/DI 101 4
1 mechanisms, and establish rates and charges that:
2 (A) are in the public interest as determined by consideration of
3 the factors described in section 5 of this chapter; and
4 (B) enhance or maintain the value of the energy utility's retail
5 energy services or property;
6 including practices, procedures, and mechanisms focusing on the
7 price, quality, reliability, and efficiency of the service provided by
8 the energy utility.
9 (2) Establish rates and charges based on market or average prices,
10 price caps, index based prices, and prices that:
11 (A) use performance based rewards or penalties, either related
12 to or unrelated to the energy utility's return or property; and
13 (B) are designed to promote efficiency in the rendering of
14 retail energy services.
15 (3) Approve:
16 (A) time-varying price structures and tariffs; or
17 (B) other alternative pricing structures and tariffs;
18 for retail energy service, such as time-of-use or off-peak
19 pricing, critical peak pricing, variable peak pricing, and
20 real-time pricing.
21 (b) This section:
22 (1) does not give a party to a collective bargaining agreement any
23 greater rights under the collective bargaining agreement than the
24 party had before January 1, 1995;
25 (2) does not give the commission the authority to order a party to
26 a collective bargaining agreement to cancel, terminate, amend or
27 otherwise modify the collective bargaining agreement; and
28 (3) may not be implemented by the commission in a way that
29 would give a party to a collective bargaining agreement any
30 greater rights under the collective bargaining agreement than the
31 party had before January 1, 1995.
32 (c) An energy utility electing to become subject to this section shall
33 file with the commission an alternative regulatory plan proposing how
34 the commission will approve retail energy services or just and
35 reasonable rates and charges for the energy utility's retail energy
36 service.
37 (d) The energy utility shall publish a notice of the filing of a petition
38 under this section in a newspaper of general circulation published in
39 any county in which the energy utility provides retail energy service.
40 (e) After notice and hearing, the commission may approve, reject,
41 or modify the energy utility's proposed plan if the commission finds
42 that such action is consistent with the public interest. However, the
EH 1221—LS 7036/DI 101 5
1 commission may not order that material modifications changing the
2 nature, scope or duration of the plan take effect without the agreement
3 of the energy utility. The energy utility shall have twenty (20) days
4 after the date of a commission order modifying the energy utility's
5 proposed plan within which to, in writing, accept or reject the
6 commission's order.
7 (f) An energy utility may withdraw a plan proposed under this
8 section without prejudice before the commission's approval of the plan,
9 or the energy utility may timely reject a commission order modifying
10 its proposed plan under this section without prejudice. However, the
11 energy utility may not file a petition for comparable relief under this
12 section for a period of twelve (12) months after the date of the energy
13 utility's withdrawal of its proposed plan or the date of the energy
14 utility's rejection of the commission's order, whichever is applicable.
15 SECTION 4. IC 8-1-41 IS ADDED TO THE INDIANA CODE AS
16 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
17 PASSAGE]:
18 Chapter 41. Pilot Programs for Infrastructure for Public Use
19 Electric Vehicles
20 Sec. 1. (a) As used in this chapter, "charging infrastructure"
21 means:
22 (1) structures;
23 (2) machinery;
24 (3) equipment;
25 (4) hardware;
26 (5) software; and
27 (6) other capital investments;
28 installed to support and charge one (1) or more electric vehicles.
29 (b) The term includes Level 2 charging stations, direct-current
30 fast charging stations, and battery exchange stations.
31 Sec. 2. As used in this chapter, "commission" refers to the
32 Indiana utility regulatory commission created by IC 8-1-1-2.
33 Sec. 3. As used in this chapter, "electric utility" means a public
34 utility (as defined in IC 8-1-2-1(a)) that:
35 (1) furnishes retail electric service to customers in Indiana;
36 and
37 (2) is under the jurisdiction of the commission for the
38 approval of rates and charges.
39 Sec. 4. (a) As used in this chapter, "electric vehicle", or "EV",
40 means a vehicle that employs electrical energy as a primary or
41 secondary mode of propulsion.
42 (b) The term includes:
EH 1221—LS 7036/DI 101 6
1 (1) all-electric vehicles; and
2 (2) plug-in hybrid electric vehicles.
3 Sec. 5. As used in this chapter, "make-ready infrastructure"
4 means the:
5 (1) structures;
6 (2) machinery;
7 (3) equipment;
8 (4) hardware;
9 (5) software;
10 (6) storage batteries; and
11 (7) other capital investments;
12 installed to connect charging infrastructure to an electric utility's
13 distribution system, including any necessary upgrades to the
14 electric utility's distribution system.
15 Sec. 6. (a) As used in this chapter, "public use electric vehicle",
16 or "public use EV", means any of the following electric vehicles
17 that is used primarily to serve the public, regardless of whether the
18 electric vehicle (or any associated charging infrastructure) is
19 owned, leased, or operated by, or on behalf of, a governmental or
20 private entity:
21 (1) An electric school bus.
22 (2) An electric transit bus.
23 (3) An electric vehicle that is used by a public or private
24 commercial enterprise primarily to deliver goods or services
25 to the public.
26 (b) The term does not include an electric vehicle that is used
27 primarily for personal, family, or household purposes, or for
28 commuting.
29 Sec. 7. As used in this chapter, "public use electric vehicle pilot
30 program", or "pilot program", means a limited deployment of:
31 (1) charging infrastructure; or
32 (2) make-ready infrastructure;
33 that is designed to evaluate the feasibility and design, including the
34 associated costs and benefits, of a larger scale deployment of such
35 infrastructure necessary to support public use electric vehicles.
36 Sec. 8. (a) An electric utility may request approval from the
37 commission to implement a public use electric vehicle pilot
38 program to do any of the following:
39 (1) Install, own, or operate charging infrastructure or
40 make-ready infrastructure to support public use EVs.
41 (2) Provide incentives or rebates to customers to encourage
42 customer investment in public use EVs and in associated EV
EH 1221—LS 7036/DI 101 7
1 supply equipment.
2 For purposes of this subsection, "EV supply equipment" means a
3 device or system designed and used specifically to transfer
4 electrical energy to an electric vehicle, either as charge transferred
5 via physical or wireless connection, by loading a fully charged
6 battery into the vehicle, or by other means.
7 (b) An electric utility's request for approval of a pilot program
8 under this chapter must include the following:
9 (1) A full description of the need for and goals of the pilot
10 program.
11 (2) A full description of objective evaluation criteria that will
12 be used to measure the success or usefulness of the pilot
13 program.
14 (3) An estimate of all costs of the pilot program, including an
15 estimate of the costs to be borne by participating customers of
16 the electric utility, nonparticipating customers of the electric
17 utility, and the general public, as applicable.
18 (4) A timeline for completion or termination of the pilot
19 program.
20 (5) A plan demonstrating that the charging infrastructure to
21 be installed under the pilot program will be located in an
22 equitable manner that ensures that all customers within the
23 electric utility's service area have convenient access to the
24 charging infrastructure, including in areas that are:
25 (A) economically distressed; or
26 (B) racially or ethnically diverse.
27 (6) Supporting evidence as to why the pilot program is in the
28 public interest, including information as to how participating
29 customers of the electric utility, nonparticipating customers
30 of the electric utility, and the general public may be affected
31 by the pilot program.
32 (c) An electric utility's request for approval of a pilot program
33 under this chapter may include a request for:
34 (1) assurance of cost recovery for pilot program capital costs,
35 up to the amount of an approved cost estimate; and
36 (2) deferral of pilot program capital costs.
37 (d) Subject to subsection (f), an electric utility may request
38 approval of a pilot program under this chapter:
39 (1) through a proceeding initiated under IC 8-1-2-61, whether
40 as a standalone proposal or as part of a base rate case;
41 (2) as an alternative regulatory plan under IC 8-1-2.5; or
42 (3) through any other process prescribed by the commission.
EH 1221—LS 7036/DI 101 8
1 (e) The commission shall approve an electric utility's request for
2 approval of a pilot program under this chapter if, after notice and
3 an opportunity for hearing, the commission determines that the
4 proposed pilot program is reasonable, just, and in the public
5 interest. In making a determination under this subsection, the
6 commission shall consider the following:
7 (1) The goals of the pilot program, including any data that
8 will be measured or collected through the pilot program, such
9 as data concerning customers' electric charging behavior, the
10 electric utility's load management capabilities, or the impact
11 of public use EVs on the electric utility's distribution system.
12 (2) Whether the pilot program includes objective evaluation
13 criteria consisting of clearly defined metrics to be used in
14 assessing the success of the pilot program.
15 (3) The extent to which the estimated costs of the proposed
16 pilot program will be borne by:
17 (A) participating customers of the electric utility;
18 (B) nonparticipating customers of the electric utility; and
19 (C) the general public;
20 based on the evidence in the record of the proceeding.
21 (4) Information as to any benefits that may inure to:
22 (A) participating customers of the electric utility;
23 (B) nonparticipating customers of the electric utility; and
24 (C) the general public;
25 as a result of the pilot program, based on the evidence in the
26 record of the proceeding.
27 (5) The reasonableness of the:
28 (A) scale; and
29 (B) duration;
30 of the pilot program in relation to the estimated costs and
31 benefits of the program, the electric utility's total customer
32 base and service area, and the stated goals of the program.
33 (6) Whether the electric utility's proposal includes a plan
34 demonstrating that the charging infrastructure to be installed
35 under the pilot program will be located in an equitable
36 manner that ensures that all customers within the electric
37 utility's service area have convenient access to the charging
38 infrastructure, including in areas that are:
39 (A) economically distressed; or
40 (B) racially or ethnically diverse.
41 (7) Other factors the commission considers relevant in
42 determining whether the proposed pilot program is
EH 1221—LS 7036/DI 101 9
1 reasonable, just, and in the public interest.
2 (f) This chapter does not prohibit an electric utility from:
3 (1) installing, owning, or operating charging infrastructure or
4 make-ready infrastructure for electric vehicles; and
5 (2) seeking to include the associated capital costs in the
6 electric utility's basic rates and charges through a proceeding
7 initiated under IC 8-1-2-61.
8 The commission shall approve the inclusion of the capital costs
9 described in subdivision (2) in the electric utility's basic rates and
10 charges if the commission finds that the capital costs incurred are
11 reasonable, just, and in the public interest.
12 Sec. 9. The commission shall adopt rules under IC 4-22-2 to
13 implement this chapter. In adopting rules under this section, the
14 commission may adopt emergency rules in the manner provided by
15 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency
16 rule adopted by the commission under this section and in the
17 manner provided by IC 4-22-2-37.1 expires on the date on which
18 a rule that supersedes the emergency rule is adopted by the
19 commission under IC 4-22-2-24 through IC 4-22-2-36.
20 SECTION 5. An emergency is declared for this act.
EH 1221—LS 7036/DI 101 10
COMMITTEE REPORT
Mr. Speaker: Your Committee on Utilities, Energy and
Telecommunications, to which was referred House Bill 1221, has had
the same under consideration and begs leave to report the same back
to the House with the recommendation that said bill be amended as
follows:
Page 1, line 3, delete "As used in this section, "division"".
Page 1, delete lines 4 through 5.
Page 1, line 6, delete "(b)".
Page 1, run in lines 3 through 6.
Page 1, line 11, delete "(c)" and insert "(b)".
Page 1, line 15, delete "battery," and insert "battery into the
vehicle,".
Page 1, line 16, delete "(d) A person" and insert "(c) Subject to
subsection (e), a person, including a joint agency (as defined in
IC 8-1-2.2-2),".
Page 1, line 17, delete "and".
Page 2, line 2, after "compensation;" insert "and".
Page 2, between lines 2 and 3, begin a new line blocked indented
and insert:
"(3) resells electricity exclusively for the charging of plug-in
electric vehicles;".
Page 2, line 4, delete "transaction," and insert "transaction.".
Page 2, delete lines 5 through 6.
Page 2, line 7, delete "(e) A person" and insert "(d) Subject to
subsections (c) and (e), a person, including a joint agency (as
defined in IC 8-1-2.2-2),".
Page 2, delete lines 18 through 41, begin a new paragraph and
insert:
"(e) This section does not:
(1) apply to or prohibit the lawful use of:
(A) an alternate energy production facility;
(B) a cogeneration facility; or
(C) a small hydro facility;
within the scope of IC 8-1-2.4 by a retail electric customer for
the private provision of electrical energy to EV supply
equipment at the customer's location in connection with the
charging of electric vehicles;
(2) render:
(A) the owner or operator of a facility described in
subdivision (1)(A) through (1)(C) a public utility; or
EH 1221—LS 7036/DI 101 11
(B) the provision of electrical energy:
(i) by a facility described in subdivision (1)(A) through
(1)(C); and
(ii) for the purpose described in subdivision (1);
a public utility service;
that is subject to regulation; or
(3) except for the exclusive purpose set forth in subsection
(c)(3), authorize the sale of retail electric service to the
general public.".
Page 7, line 9, delete "battery," and insert "battery into the
vehicle,".
Page 7, line 30, after "program" insert "capital".
Page 7, line 32, after "program" insert "capital".
Page 8, line 16, delete "as identified by the electric utility in its
proposal." and insert "based on the evidence in the record of the
proceeding.".
Page 8, line 21, delete "program, as identified by the electric" and
insert "program, based on the evidence in the record of the
proceeding.".
Page 8, delete line 22.
Page 8, line 35, after "associated" insert "capital".
Page 8, line 38, after "of the" insert "capital".
Page 8, line 40, after "that the" insert "capital".
Page 9, delete lines 8 through 14.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1221 as introduced.)
SOLIDAY
Committee Vote: yeas 13, nays 0.
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1221 be amended to read as
follows:
Page 7, between lines 18 and 19, begin a new line block indented
and insert:
"(5) A plan demonstrating that the charging infrastructure to
EH 1221—LS 7036/DI 101 12
be installed under the pilot program will be located in an
equitable manner that ensures that all customers within the
electric utility's service area have convenient access to the
charging infrastructure, including in areas that are:
(A) economically distressed; or
(B) racially or ethnically diverse.".
Page 7, line 19, delete "(5)" and insert "(6)".
Page 8, between lines 24 and 25, begin a new line block indented
and insert:
"(6) Whether the electric utility's proposal includes a plan
demonstrating that the charging infrastructure to be installed
under the pilot program will be located in an equitable
manner that ensures that all customers within the electric
utility's service area have convenient access to the charging
infrastructure, including in areas that are:
(A) economically distressed; or
(B) racially or ethnically diverse.".
Page 8, line 25, delete "(6)" and insert "(7)".
(Reference is to HB 1221 as printed January 18, 2022.)
PRYOR
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Utilities, to which was
referred House Bill No. 1221, has had the same under consideration
and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
Page 1, line 13, delete "subsection" and insert "subsections (d)
and".
Page 1, line 17, delete "and".
Page 1, after line 17, begin a new line block indented and insert:
"(3) procures the electricity that is provided to the public for
compensation from an electricity supplier that is authorized
to engage in the retail sale of electricity within the assigned
service area in which the EV supply equipment is located;
and".
Page 2, line 1, delete "(3)" and insert "(4)".
Page 2, line 5, delete "subsections (c) and (e)," and insert
EH 1221—LS 7036/DI 101 13
"subsection (c),".
Page 2, line 14, after "both" insert "clauses".
Page 2, line 26, delete "render:" and insert "render the owner or
operator of a facility described in subdivision (1)(A) through (1)(C)
a public utility by reason of such lawful use of the facility described
in subdivision (1); or
(3) render the provision of electrical energy by a facility
described in subdivision (1)(A) through (1)(C) a public utility
service that is subject to regulation by reason of such lawful
use of the facility described in subdivision (1).
(f) Subsection (e) does not authorize the furnishing of retail
electric service to the general public.".
Page 2, delete lines 27 through 37.
and when so amended that said bill do pass.
(Reference is to HB 1221 as reprinted January 21, 2022.)
KOCH, Chairperson
Committee Vote: Yeas 10, Nays 0.
EH 1221—LS 7036/DI 101