Indiana 2022 Regular Session

Indiana House Bill HB1221 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1221.2
	2	+	Reprinted
	3	+	February 18, 2022
	4	+	ENGROSSED
	5	+	HOUSE BILL No. 1221
	6	+	_____
	7	+	DIGEST OF HB 1221 (Updated February 17, 2022 3:26 pm - DI 106)
	8	+	Citations Affected: IC 8-1.
	9	+	Synopsis: Electric vehicles and electricity pricing. Provides that a
	10	+	person that: (1) owns, operates, or leases electric vehicle (EV) supply
	11	+	equipment; and (2) makes the EV supply equipment available for use
	12	+	by the public for compensation; may charge the public for such use
	13	+	based in whole or in part on the kilowatt hours of electricity sold.
	14	+	Specifies that a person that makes EV supply equipment available for
	15	+	use by the public for compensation, regardless of whether the person
	16	+	charges the public for such use based on: (1) the kilowatt hours of
	17	+	electricity sold; (2) the amount of time spent by an EV at a designated
	18	+	(Continued next page)
	19	+	Effective: Upon passage.
	20	+	Soliday, Manning, Negele, Hamilton
	21	+	(SENATE SPONSORS — KOCH, RANDOLPH LONNIE M, FORD J.D.)
	22	+	January 6, 2022, read first time and referred to Committee on Utilities, Energy and
	23	+	Telecommunications.
	24	+	January 18, 2022, amended, reported — Do Pass.
	25	+	January 20, 2022, read second time, amended, ordered engrossed.
	26	+	January 21, 2022, engrossed.
	27	+	January 24, 2022, read third time, passed. Yeas 94, nays 0.
	28	+	SENATE ACTION
	29	+	February 1, 2022, read first time and referred to Committee on Utilities.
	30	+	February 14, 2022, amended, reported favorably — Do Pass.
	31	+	February 17, 2022, read second time, amended, ordered engrossed.
	32	+	EH 1221—LS 7036/DI 101 Digest Continued
	33	+	charging space; or (3) a combination of both; is not a public utility
	34	+	solely by reason of engaging in this activity. Authorizes the utility
	35	+	regulatory commission (IURC) to approve: (1) time-varying price
	36	+	structures and tariffs; or (2) other alternative pricing structures and
	37	+	tariffs; for retail energy service. Defines a "public use electric vehicle"
	38	+	(public use EV) as any of the following electric vehicles that is used
	39	+	primarily to serve the public: (1) An electric school bus. (2) An electric
	40	+	transit bus. (3) An electric vehicle used by a public or private
	41	+	commercial enterprise primarily to deliver goods or services to the
	42	+	public. Authorizes an electric utility (defined as a public utility that is
	43	+	subject to the jurisdiction of the IURC) to request approval from the
	44	+	IURC to implement a public use EV pilot program (pilot program) to
	45	+	do any of the following: (1) Install, own, or operate charging
	46	+	infrastructure or make-ready infrastructure to support public use EVs.
	47	+	(2) Provide incentives or rebates to customers to encourage customer
	48	+	investment in public use EVs and in associated EV supply equipment.
	49	+	Sets forth certain required information that an electric utility's request
	50	+	for approval of a pilot program must include. Provides that an electric
	51	+	utility's request for approval of a pilot program may include a request
	52	+	for: (1) assurance of cost recovery for pilot program capital costs, up
	53	+	to the amount of an approved cost estimate; and (2) deferral of pilot
	54	+	program capital costs. Sets forth the processes by which an electric
	55	+	utility may request the IURC's approval of a pilot program. Provides
	56	+	that the IURC shall approve an electric utility's request for approval of
	57	+	a pilot program if the IURC determines that the proposed pilot program
	58	+	is reasonable, just, and in the public interest. Sets forth certain factors
	59	+	that the IURC must consider in making this determination. Specifies
	60	+	that an electric utility is not prohibited from: (1) installing, owning, or
	61	+	operating charging infrastructure or make-ready infrastructure for
	62	+	electric vehicles; and (2) seeking to include the associated capital costs
	63	+	in the electric utility's basic rates and charges by initiating a proceeding
	64	+	before the IURC. Provides that in such a case, the IURC shall approve
	65	+	the inclusion of the capital costs in the electric utility's basic rates and
	66	+	charges if the IURC finds that the capital costs incurred are reasonable,
	67	+	just, and in the public interest. Requires the IURC to adopt rules to
	68	+	implement these provisions.
	69	+	EH 1221—LS 7036/DI 101EH 1221—LS 7036/DI 101 Reprinted
	70	+	February 18, 2022
1	71		Second Regular Session of the 122nd General Assembly (2022)
2	72		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	73		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	74		additions will appear in this style type, and deletions will appear in this style type.
5	75		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	76		provision adopted), the text of the new provision will appear in this style type. Also, the
7	77		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	78		a new provision to the Indiana Code or the Indiana Constitution.
9	79		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	80		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1221
12		-	AN ACT to amend the Indiana Code concerning utilities.
	81	+	ENGROSSED
	82	+	HOUSE BILL No. 1221
	83	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	84	+	utilities.
13	85		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 8-1-2-1.3 IS ADDED TO THE INDIANA CODE
15		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
16		-	UPON PASSAGE]: Sec. 1.3. (a) As used in this section, "electric
17		-	vehicle", or "EV", means a vehicle that employs electrical energy
18		-	as a primary or secondary mode of propulsion. The term includes:
19		-	(1) all-electric vehicles; and
20		-	(2) plug-in hybrid electric vehicles.
21		-	(b) As used in this section, "electric vehicle supply equipment",
22		-	or "EV supply equipment", means a device or system designed and
23		-	used specifically to transfer electrical energy to an electric vehicle,
24		-	either as charge transferred by physical or wireless connection, by
25		-	loading a fully charged battery into the vehicle, or by other means.
26		-	(c) Subject to subsections (d) and (e), a person, including a joint
27		-	agency (as defined in IC 8-1-2.2-2), that:
28		-	(1) owns, operates, or leases EV supply equipment;
29		-	(2) makes the EV supply equipment available for use by the
30		-	public for compensation;
31		-	(3) procures the electricity that is provided to the public for
32		-	compensation from an electricity supplier that is authorized
33		-	to engage in the retail sale of electricity within the assigned
34		-	service area in which the EV supply equipment is located; and
35		-	(4) resells electricity exclusively for the charging of plug-in
36		-	HEA 1221 — Concur 2
37		-	electric vehicles;
38		-	may charge the public for such use based in whole or in part on the
39		-	kilowatt hours of electricity sold in a particular transaction.
40		-	(d) Subject to subsection (c), a person, including a joint agency
41		-	(as defined in IC 8-1-2.2-2), that:
42		-	(1) owns, operates, or leases EV supply equipment; and
43		-	(2) makes the EV supply equipment available for use by the
44		-	public for compensation, regardless of whether the person
45		-	charges the public for such use based on:
46		-	(A) the kilowatt hours of electricity sold;
47		-	(B) the amount of time spent by an electric vehicle at a
48		-	designated charging space; or
49		-	(C) a combination of both clauses (A) and (B);
50		-	is not a public utility solely by reason of engaging in any activity
51		-	described in subdivisions (1) through (2).
52		-	(e) This section does not:
	86	+	1 SECTION 1. IC 8-1-2-1.3 IS ADDED TO THE INDIANA CODE
	87	+	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
	88	+	3 UPON PASSAGE]: Sec. 1.3. (a) As used in this section, "electric
	89	+	4 vehicle", or "EV", means a vehicle that employs electrical energy
	90	+	5 as a primary or secondary mode of propulsion. The term includes:
	91	+	6 (1) all-electric vehicles; and
	92	+	7 (2) plug-in hybrid electric vehicles.
	93	+	8 (b) As used in this section, "electric vehicle supply equipment",
	94	+	9 or "EV supply equipment", means a device or system designed and
	95	+	10 used specifically to transfer electrical energy to an electric vehicle,
	96	+	11 either as charge transferred by physical or wireless connection, by
	97	+	12 loading a fully charged battery into the vehicle, or by other means.
	98	+	13 (c) Subject to subsections (d) and (e), a person, including a joint
	99	+	14 agency (as defined in IC 8-1-2.2-2), that:
	100	+	15 (1) owns, operates, or leases EV supply equipment;
	101	+	16 (2) makes the EV supply equipment available for use by the
	102	+	17 public for compensation;
	103	+	EH 1221—LS 7036/DI 101 2
	104	+	1 (3) procures the electricity that is provided to the public for
	105	+	2 compensation from an electricity supplier that is authorized
	106	+	3 to engage in the retail sale of electricity within the assigned
	107	+	4 service area in which the EV supply equipment is located; and
	108	+	5 (4) resells electricity exclusively for the charging of plug-in
	109	+	6 electric vehicles;
	110	+	7 may charge the public for such use based in whole or in part on the
	111	+	8 kilowatt hours of electricity sold in a particular transaction.
	112	+	9 (d) Subject to subsection (c), a person, including a joint agency
	113	+	10 (as defined in IC 8-1-2.2-2), that:
	114	+	11 (1) owns, operates, or leases EV supply equipment; and
	115	+	12 (2) makes the EV supply equipment available for use by the
	116	+	13 public for compensation, regardless of whether the person
	117	+	14 charges the public for such use based on:
	118	+	15 (A) the kilowatt hours of electricity sold;
	119	+	16 (B) the amount of time spent by an electric vehicle at a
	120	+	17 designated charging space; or
	121	+	18 (C) a combination of both clauses (A) and (B);
	122	+	19 is not a public utility solely by reason of engaging in any activity
	123	+	20 described in subdivisions (1) through (2).
	124	+	21 (e) This section does not:
	125	+	22 (1) apply to or prohibit the lawful use of:
	126	+	23 (A) an alternate energy production facility;
	127	+	24 (B) a cogeneration facility; or
	128	+	25 (C) a small hydro facility;
	129	+	26 within the scope of IC 8-1-2.4 by a retail electric customer for
	130	+	27 the private provision of electrical energy to EV supply
	131	+	28 equipment at the customer's location in connection with the
	132	+	29 charging of electric vehicles;
	133	+	30 (2) render the owner or operator of a facility described in
	134	+	31 subdivision (1)(A) through (1)(C) a public utility by reason of
	135	+	32 such lawful use of the facility described in subdivision (1); or
	136	+	33 (3) render the provision of electrical energy by a facility
	137	+	34 described in subdivision (1)(A) through (1)(C) a public utility
	138	+	35 service that is subject to regulation by reason of such lawful
	139	+	36 use of the facility described in subdivision (1).
	140	+	37 (f) Subsection (e) does not authorize the furnishing of retail
	141	+	38 electric service to the general public.
	142	+	39 SECTION 2. IC 8-1-2-61 IS AMENDED TO READ AS FOLLOWS
	143	+	40 [EFFECTIVE UPON PASSAGE]: Sec. 61. (a) Any public utility may
	144	+	41 make complaint as to any matter affecting its own rates or service. The
	145	+	42 petition or complaint must include a statement as to whether the utility,
	146	+	EH 1221—LS 7036/DI 101 3
	147	+	1 if a not-for-profit water utility or municipal utility, has any outstanding
	148	+	2 indebtedness to the federal government. The public utility shall publish
	149	+	3 a notice of the filing of such petition or complaint in a newspaper of
	150	+	4 general circulation published in any county in which the public utility
	151	+	5 renders service. An order affecting rates or service may be entered by
	152	+	6 the commission without a formal public hearing, if:
	153	+	7 (1) the utility is a not-for-profit water utility or a municipal utility;
	154	+	8 and
	155	+	9 (2) the utility has obtained written consent to obtain an order
	156	+	10 affecting its rates from the commission without a formal hearing
	157	+	11 from any agency of the federal government with which the utility
	158	+	12 has outstanding evidence of indebtedness to the federal
	159	+	13 government.
	160	+	14 The commission may, however, on its own motion require a formal
	161	+	15 public hearing, and shall, upon a motion filed by the utility consumer
	162	+	16 counselor, by any public or municipal corporation, or by ten (10)
	163	+	17 individuals, firms, corporations, limited liability companies, or
	164	+	18 associations, or ten (10) complainants of all or any of these classes,
	165	+	19 hold a formal public hearing with respect to any such petition or
	166	+	20 complaint.
	167	+	21 (b) In any general rate proceeding under subsection (a) which
	168	+	22 requires a public hearing and in which an increase in revenues is
	169	+	23 sought which exceeds the sum of two million five hundred thousand
	170	+	24 dollars ($2,500,000), the commission shall conduct at least one (1)
	171	+	25 public hearing in the largest municipality located within such utility's
	172	+	26 service area.
	173	+	27 (c) In a proceeding brought by an energy utility (as defined in
	174	+	28 IC 8-1-2.5-2) under this section, the commission may approve:
	175	+	29 (1) time-varying price structures and tariffs; or
	176	+	30 (2) other alternative pricing structures and tariffs;
	177	+	31 for retail energy service (as defined in IC 8-1-2.5-3), such as
	178	+	32 time-of-use or off-peak pricing, critical peak pricing, variable peak
	179	+	33 pricing, and real-time pricing.
	180	+	34 SECTION 3. IC 8-1-2.5-6 IS AMENDED TO READ AS
	181	+	35 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a)
	182	+	36 Notwithstanding any other law or rule adopted by the commission,
	183	+	37 except those cited, or rules adopted that pertain to those cited, in
	184	+	38 section 11 of this chapter, in approving retail energy services or
	185	+	39 establishing just and reasonable rates and charges, or both for an
	186	+	40 energy utility electing to become subject to this section, the
	187	+	41 commission may do the following:
	188	+	42 (1) Adopt alternative regulatory practices, procedures, and
	189	+	EH 1221—LS 7036/DI 101 4
	190	+	1 mechanisms, and establish rates and charges that:
	191	+	2 (A) are in the public interest as determined by consideration of
	192	+	3 the factors described in section 5 of this chapter; and
	193	+	4 (B) enhance or maintain the value of the energy utility's retail
	194	+	5 energy services or property;
	195	+	6 including practices, procedures, and mechanisms focusing on the
	196	+	7 price, quality, reliability, and efficiency of the service provided by
	197	+	8 the energy utility.
	198	+	9 (2) Establish rates and charges based on market or average prices,
	199	+	10 price caps, index based prices, and prices that:
	200	+	11 (A) use performance based rewards or penalties, either related
	201	+	12 to or unrelated to the energy utility's return or property; and
	202	+	13 (B) are designed to promote efficiency in the rendering of
	203	+	14 retail energy services.
	204	+	15 (3) Approve:
	205	+	16 (A) time-varying price structures and tariffs; or
	206	+	17 (B) other alternative pricing structures and tariffs;
	207	+	18 for retail energy service, such as time-of-use or off-peak
	208	+	19 pricing, critical peak pricing, variable peak pricing, and
	209	+	20 real-time pricing.
	210	+	21 (b) This section:
	211	+	22 (1) does not give a party to a collective bargaining agreement any
	212	+	23 greater rights under the collective bargaining agreement than the
	213	+	24 party had before January 1, 1995;
	214	+	25 (2) does not give the commission the authority to order a party to
	215	+	26 a collective bargaining agreement to cancel, terminate, amend or
	216	+	27 otherwise modify the collective bargaining agreement; and
	217	+	28 (3) may not be implemented by the commission in a way that
	218	+	29 would give a party to a collective bargaining agreement any
	219	+	30 greater rights under the collective bargaining agreement than the
	220	+	31 party had before January 1, 1995.
	221	+	32 (c) An energy utility electing to become subject to this section shall
	222	+	33 file with the commission an alternative regulatory plan proposing how
	223	+	34 the commission will approve retail energy services or just and
	224	+	35 reasonable rates and charges for the energy utility's retail energy
	225	+	36 service.
	226	+	37 (d) The energy utility shall publish a notice of the filing of a petition
	227	+	38 under this section in a newspaper of general circulation published in
	228	+	39 any county in which the energy utility provides retail energy service.
	229	+	40 (e) After notice and hearing, the commission may approve, reject,
	230	+	41 or modify the energy utility's proposed plan if the commission finds
	231	+	42 that such action is consistent with the public interest. However, the
	232	+	EH 1221—LS 7036/DI 101 5
	233	+	1 commission may not order that material modifications changing the
	234	+	2 nature, scope or duration of the plan take effect without the agreement
	235	+	3 of the energy utility. The energy utility shall have twenty (20) days
	236	+	4 after the date of a commission order modifying the energy utility's
	237	+	5 proposed plan within which to, in writing, accept or reject the
	238	+	6 commission's order.
	239	+	7 (f) An energy utility may withdraw a plan proposed under this
	240	+	8 section without prejudice before the commission's approval of the plan,
	241	+	9 or the energy utility may timely reject a commission order modifying
	242	+	10 its proposed plan under this section without prejudice. However, the
	243	+	11 energy utility may not file a petition for comparable relief under this
	244	+	12 section for a period of twelve (12) months after the date of the energy
	245	+	13 utility's withdrawal of its proposed plan or the date of the energy
	246	+	14 utility's rejection of the commission's order, whichever is applicable.
	247	+	15 SECTION 4. IC 8-1-43 IS ADDED TO THE INDIANA CODE AS
	248	+	16 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
	249	+	17 PASSAGE]:
	250	+	18 Chapter 43. Pilot Programs for Infrastructure for Public Use
	251	+	19 Electric Vehicles
	252	+	20 Sec. 1. (a) As used in this chapter, "charging infrastructure"
	253	+	21 means:
	254	+	22 (1) structures;
	255	+	23 (2) machinery;
	256	+	24 (3) equipment;
	257	+	25 (4) hardware;
	258	+	26 (5) software; and
	259	+	27 (6) other capital investments;
	260	+	28 installed to support and charge one (1) or more electric vehicles.
	261	+	29 (b) The term includes Level 2 charging stations, direct-current
	262	+	30 fast charging stations, and battery exchange stations.
	263	+	31 Sec. 2. As used in this chapter, "commission" refers to the
	264	+	32 Indiana utility regulatory commission created by IC 8-1-1-2.
	265	+	33 Sec. 3. As used in this chapter, "electric utility" means a public
	266	+	34 utility (as defined in IC 8-1-2-1(a)) that:
	267	+	35 (1) furnishes retail electric service to customers in Indiana;
	268	+	36 and
	269	+	37 (2) is under the jurisdiction of the commission for the
	270	+	38 approval of rates and charges.
	271	+	39 Sec. 4. (a) As used in this chapter, "electric vehicle", or "EV",
	272	+	40 means a vehicle that employs electrical energy as a primary or
	273	+	41 secondary mode of propulsion.
	274	+	42 (b) The term includes:
	275	+	EH 1221—LS 7036/DI 101 6
	276	+	1 (1) all-electric vehicles; and
	277	+	2 (2) plug-in hybrid electric vehicles.
	278	+	3 Sec. 5. As used in this chapter, "make-ready infrastructure"
	279	+	4 means the:
	280	+	5 (1) structures;
	281	+	6 (2) machinery;
	282	+	7 (3) equipment;
	283	+	8 (4) hardware;
	284	+	9 (5) software;
	285	+	10 (6) storage batteries; and
	286	+	11 (7) other capital investments;
	287	+	12 installed to connect charging infrastructure to an electric utility's
	288	+	13 distribution system, including any necessary upgrades to the
	289	+	14 electric utility's distribution system.
	290	+	15 Sec. 6. (a) As used in this chapter, "public use electric vehicle",
	291	+	16 or "public use EV", means any of the following electric vehicles
	292	+	17 that is used primarily to serve the public, regardless of whether the
	293	+	18 electric vehicle (or any associated charging infrastructure) is
	294	+	19 owned, leased, or operated by, or on behalf of, a governmental or
	295	+	20 private entity:
	296	+	21 (1) An electric school bus.
	297	+	22 (2) An electric transit bus.
	298	+	23 (3) An electric vehicle that is used by a public or private
	299	+	24 commercial enterprise primarily to deliver goods or services
	300	+	25 to the public.
	301	+	26 (b) The term does not include an electric vehicle that is used
	302	+	27 primarily for personal, family, or household purposes, or for
	303	+	28 commuting.
	304	+	29 Sec. 7. As used in this chapter, "public use electric vehicle pilot
	305	+	30 program", or "pilot program", means a limited deployment of:
	306	+	31 (1) charging infrastructure; or
	307	+	32 (2) make-ready infrastructure;
	308	+	33 that is designed to evaluate the feasibility and design, including the
	309	+	34 associated costs and benefits, of a larger scale deployment of such
	310	+	35 infrastructure necessary to support public use electric vehicles.
	311	+	36 Sec. 8. (a) An electric utility may request approval from the
	312	+	37 commission to implement a public use electric vehicle pilot
	313	+	38 program to do any of the following:
	314	+	39 (1) Install, own, or operate charging infrastructure or
	315	+	40 make-ready infrastructure to support public use EVs.
	316	+	41 (2) Provide incentives or rebates to customers to encourage
	317	+	42 customer investment in public use EVs and in associated EV
	318	+	EH 1221—LS 7036/DI 101 7
	319	+	1 supply equipment.
	320	+	2 For purposes of this subsection, "EV supply equipment" means a
	321	+	3 device or system designed and used specifically to transfer
	322	+	4 electrical energy to an electric vehicle, either as charge transferred
	323	+	5 via physical or wireless connection, by loading a fully charged
	324	+	6 battery into the vehicle, or by other means.
	325	+	7 (b) An electric utility's request for approval of a pilot program
	326	+	8 under this chapter must include the following:
	327	+	9 (1) A full description of the need for and goals of the pilot
	328	+	10 program.
	329	+	11 (2) A full description of objective evaluation criteria that will
	330	+	12 be used to measure the success or usefulness of the pilot
	331	+	13 program.
	332	+	14 (3) An estimate of all costs of the pilot program, including an
	333	+	15 estimate of the costs to be borne by participating customers of
	334	+	16 the electric utility, nonparticipating customers of the electric
	335	+	17 utility, and the general public, as applicable.
	336	+	18 (4) A timeline for completion or termination of the pilot
	337	+	19 program.
	338	+	20 (5) A plan demonstrating that the charging infrastructure to
	339	+	21 be installed under the pilot program will be located in an
	340	+	22 equitable manner that ensures that all customers within the
	341	+	23 electric utility's service area have convenient access to the
	342	+	24 charging infrastructure, including in areas that are:
	343	+	25 (A) economically distressed; or
	344	+	26 (B) racially or ethnically diverse.
	345	+	27 (6) Supporting evidence as to why the pilot program is in the
	346	+	28 public interest, including information as to how participating
	347	+	29 customers of the electric utility, nonparticipating customers
	348	+	30 of the electric utility, and the general public may be affected
	349	+	31 by the pilot program.
	350	+	32 (c) An electric utility's request for approval of a pilot program
	351	+	33 under this chapter may include a request for:
	352	+	34 (1) assurance of cost recovery for pilot program capital costs,
	353	+	35 up to the amount of an approved cost estimate; and
	354	+	36 (2) deferral of pilot program capital costs.
	355	+	37 (d) Subject to subsection (f), an electric utility may request
	356	+	38 approval of a pilot program under this chapter:
	357	+	39 (1) through a proceeding initiated under IC 8-1-2-61, whether
	358	+	40 as a standalone proposal or as part of a base rate case;
	359	+	41 (2) as an alternative regulatory plan under IC 8-1-2.5; or
	360	+	42 (3) through any other process prescribed by the commission.
	361	+	EH 1221—LS 7036/DI 101 8
	362	+	1 (e) The commission shall approve an electric utility's request for
	363	+	2 approval of a pilot program under this chapter if, after notice and
	364	+	3 an opportunity for hearing, the commission determines that the
	365	+	4 proposed pilot program is reasonable, just, and in the public
	366	+	5 interest. In making a determination under this subsection, the
	367	+	6 commission shall consider the following:
	368	+	7 (1) The goals of the pilot program, including any data that
	369	+	8 will be measured or collected through the pilot program, such
	370	+	9 as data concerning customers' electric charging behavior, the
	371	+	10 electric utility's load management capabilities, or the impact
	372	+	11 of public use EVs on the electric utility's distribution system.
	373	+	12 (2) Whether the pilot program includes objective evaluation
	374	+	13 criteria consisting of clearly defined metrics to be used in
	375	+	14 assessing the success of the pilot program.
	376	+	15 (3) The extent to which the estimated costs of the proposed
	377	+	16 pilot program will be borne by:
	378	+	17 (A) participating customers of the electric utility;
	379	+	18 (B) nonparticipating customers of the electric utility; and
	380	+	19 (C) the general public;
	381	+	20 based on the evidence in the record of the proceeding.
	382	+	21 (4) Information as to any benefits that may inure to:
	383	+	22 (A) participating customers of the electric utility;
	384	+	23 (B) nonparticipating customers of the electric utility; and
	385	+	24 (C) the general public;
	386	+	25 as a result of the pilot program, based on the evidence in the
	387	+	26 record of the proceeding.
	388	+	27 (5) The reasonableness of the:
	389	+	28 (A) scale; and
	390	+	29 (B) duration;
	391	+	30 of the pilot program in relation to the estimated costs and
	392	+	31 benefits of the program, the electric utility's total customer
	393	+	32 base and service area, and the stated goals of the program.
	394	+	33 (6) Whether the electric utility's proposal includes a plan
	395	+	34 demonstrating that the charging infrastructure to be installed
	396	+	35 under the pilot program will be located in an equitable
	397	+	36 manner that ensures that all customers within the electric
	398	+	37 utility's service area have convenient access to the charging
	399	+	38 infrastructure, including in areas that are:
	400	+	39 (A) economically distressed; or
	401	+	40 (B) racially or ethnically diverse.
	402	+	41 (7) Other factors the commission considers relevant in
	403	+	42 determining whether the proposed pilot program is
	404	+	EH 1221—LS 7036/DI 101 9
	405	+	1 reasonable, just, and in the public interest.
	406	+	2 (f) This chapter does not prohibit an electric utility from:
	407	+	3 (1) installing, owning, or operating charging infrastructure or
	408	+	4 make-ready infrastructure for electric vehicles; and
	409	+	5 (2) seeking to include the associated capital costs in the
	410	+	6 electric utility's basic rates and charges through a proceeding
	411	+	7 initiated under IC 8-1-2-61.
	412	+	8 The commission shall approve the inclusion of the capital costs
	413	+	9 described in subdivision (2) in the electric utility's basic rates and
	414	+	10 charges if the commission finds that the capital costs incurred are
	415	+	11 reasonable, just, and in the public interest.
	416	+	12 Sec. 9. The commission shall adopt rules under IC 4-22-2 to
	417	+	13 implement this chapter. In adopting rules under this section, the
	418	+	14 commission may adopt emergency rules in the manner provided by
	419	+	15 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency
	420	+	16 rule adopted by the commission under this section and in the
	421	+	17 manner provided by IC 4-22-2-37.1 expires on the date on which
	422	+	18 a rule that supersedes the emergency rule is adopted by the
	423	+	19 commission under IC 4-22-2-24 through IC 4-22-2-36.
	424	+	20 SECTION 5. An emergency is declared for this act.
	425	+	EH 1221—LS 7036/DI 101 10
	426	+	COMMITTEE REPORT
	427	+	Mr. Speaker: Your Committee on Utilities, Energy and
	428	+	Telecommunications, to which was referred House Bill 1221, has had
	429	+	the same under consideration and begs leave to report the same back
	430	+	to the House with the recommendation that said bill be amended as
	431	+	follows:
	432	+	Page 1, line 3, delete "As used in this section, "division"".
	433	+	Page 1, delete lines 4 through 5.
	434	+	Page 1, line 6, delete "(b)".
	435	+	Page 1, run in lines 3 through 6.
	436	+	Page 1, line 11, delete "(c)" and insert "(b)".
	437	+	Page 1, line 15, delete "battery," and insert "battery into the
	438	+	vehicle,".
	439	+	Page 1, line 16, delete "(d) A person" and insert "(c) Subject to
	440	+	subsection (e), a person, including a joint agency (as defined in
	441	+	IC 8-1-2.2-2),".
	442	+	Page 1, line 17, delete "and".
	443	+	Page 2, line 2, after "compensation;" insert "and".
	444	+	Page 2, between lines 2 and 3, begin a new line blocked indented
	445	+	and insert:
	446	+	"(3) resells electricity exclusively for the charging of plug-in
	447	+	electric vehicles;".
	448	+	Page 2, line 4, delete "transaction," and insert "transaction.".
	449	+	Page 2, delete lines 5 through 6.
	450	+	Page 2, line 7, delete "(e) A person" and insert "(d) Subject to
	451	+	subsections (c) and (e), a person, including a joint agency (as
	452	+	defined in IC 8-1-2.2-2),".
	453	+	Page 2, delete lines 18 through 41, begin a new paragraph and
	454	+	insert:
	455	+	"(e) This section does not:
53	456		(1) apply to or prohibit the lawful use of:
54	457		(A) an alternate energy production facility;
55	458		(B) a cogeneration facility; or
56	459		(C) a small hydro facility;
57	460		within the scope of IC 8-1-2.4 by a retail electric customer for
58	461		the private provision of electrical energy to EV supply
59	462		equipment at the customer's location in connection with the
60	463		charging of electric vehicles;
61		-	(2) render the owner or operator of a facility described in
62		-	subdivision (1)(A) through (1)(C) a public utility by reason of
63		-	such lawful use of the facility described in subdivision (1); or
64		-	(3) render the provision of electrical energy by a facility
65		-	described in subdivision (1)(A) through (1)(C) a public utility
66		-	service that is subject to regulation by reason of such lawful
67		-	use of the facility described in subdivision (1).
68		-	(f) Subsection (e) does not authorize the furnishing of retail
69		-	electric service to the general public.
70		-	SECTION 2. IC 8-1-2-61 IS AMENDED TO READ AS FOLLOWS
71		-	[EFFECTIVE UPON PASSAGE]: Sec. 61. (a) Any public utility may
72		-	make complaint as to any matter affecting its own rates or service. The
73		-	petition or complaint must include a statement as to whether the utility,
74		-	if a not-for-profit water utility or municipal utility, has any outstanding
75		-	indebtedness to the federal government. The public utility shall publish
76		-	a notice of the filing of such petition or complaint in a newspaper of
77		-	general circulation published in any county in which the public utility
78		-	renders service. An order affecting rates or service may be entered by
79		-	HEA 1221 — Concur 3
80		-	the commission without a formal public hearing, if:
81		-	(1) the utility is a not-for-profit water utility or a municipal utility;
82		-	and
83		-	(2) the utility has obtained written consent to obtain an order
84		-	affecting its rates from the commission without a formal hearing
85		-	from any agency of the federal government with which the utility
86		-	has outstanding evidence of indebtedness to the federal
87		-	government.
88		-	The commission may, however, on its own motion require a formal
89		-	public hearing, and shall, upon a motion filed by the utility consumer
90		-	counselor, by any public or municipal corporation, or by ten (10)
91		-	individuals, firms, corporations, limited liability companies, or
92		-	associations, or ten (10) complainants of all or any of these classes,
93		-	hold a formal public hearing with respect to any such petition or
94		-	complaint.
95		-	(b) In any general rate proceeding under subsection (a) which
96		-	requires a public hearing and in which an increase in revenues is
97		-	sought which exceeds the sum of two million five hundred thousand
98		-	dollars ($2,500,000), the commission shall conduct at least one (1)
99		-	public hearing in the largest municipality located within such utility's
100		-	service area.
101		-	(c) In a proceeding brought by an energy utility (as defined in
102		-	IC 8-1-2.5-2) under this section, the commission may approve:
103		-	(1) time-varying price structures and tariffs; or
104		-	(2) other alternative pricing structures and tariffs;
105		-	for retail energy service (as defined in IC 8-1-2.5-3), such as
106		-	time-of-use or off-peak pricing, critical peak pricing, variable peak
107		-	pricing, and real-time pricing.
108		-	SECTION 3. IC 8-1-2.5-6 IS AMENDED TO READ AS
109		-	FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a)
110		-	Notwithstanding any other law or rule adopted by the commission,
111		-	except those cited, or rules adopted that pertain to those cited, in
112		-	section 11 of this chapter, in approving retail energy services or
113		-	establishing just and reasonable rates and charges, or both for an
114		-	energy utility electing to become subject to this section, the
115		-	commission may do the following:
116		-	(1) Adopt alternative regulatory practices, procedures, and
117		-	mechanisms, and establish rates and charges that:
118		-	(A) are in the public interest as determined by consideration of
119		-	the factors described in section 5 of this chapter; and
120		-	(B) enhance or maintain the value of the energy utility's retail
121		-	energy services or property;
122		-	HEA 1221 — Concur 4
123		-	including practices, procedures, and mechanisms focusing on the
124		-	price, quality, reliability, and efficiency of the service provided by
125		-	the energy utility.
126		-	(2) Establish rates and charges based on market or average prices,
127		-	price caps, index based prices, and prices that:
128		-	(A) use performance based rewards or penalties, either related
129		-	to or unrelated to the energy utility's return or property; and
130		-	(B) are designed to promote efficiency in the rendering of
131		-	retail energy services.
132		-	(3) Approve:
133		-	(A) time-varying price structures and tariffs; or
134		-	(B) other alternative pricing structures and tariffs;
135		-	for retail energy service, such as time-of-use or off-peak
136		-	pricing, critical peak pricing, variable peak pricing, and
137		-	real-time pricing.
138		-	(b) This section:
139		-	(1) does not give a party to a collective bargaining agreement any
140		-	greater rights under the collective bargaining agreement than the
141		-	party had before January 1, 1995;
142		-	(2) does not give the commission the authority to order a party to
143		-	a collective bargaining agreement to cancel, terminate, amend or
144		-	otherwise modify the collective bargaining agreement; and
145		-	(3) may not be implemented by the commission in a way that
146		-	would give a party to a collective bargaining agreement any
147		-	greater rights under the collective bargaining agreement than the
148		-	party had before January 1, 1995.
149		-	(c) An energy utility electing to become subject to this section shall
150		-	file with the commission an alternative regulatory plan proposing how
151		-	the commission will approve retail energy services or just and
152		-	reasonable rates and charges for the energy utility's retail energy
153		-	service.
154		-	(d) The energy utility shall publish a notice of the filing of a petition
155		-	under this section in a newspaper of general circulation published in
156		-	any county in which the energy utility provides retail energy service.
157		-	(e) After notice and hearing, the commission may approve, reject,
158		-	or modify the energy utility's proposed plan if the commission finds
159		-	that such action is consistent with the public interest. However, the
160		-	commission may not order that material modifications changing the
161		-	nature, scope or duration of the plan take effect without the agreement
162		-	of the energy utility. The energy utility shall have twenty (20) days
163		-	after the date of a commission order modifying the energy utility's
164		-	proposed plan within which to, in writing, accept or reject the
165		-	HEA 1221 — Concur 5
166		-	commission's order.
167		-	(f) An energy utility may withdraw a plan proposed under this
168		-	section without prejudice before the commission's approval of the plan,
169		-	or the energy utility may timely reject a commission order modifying
170		-	its proposed plan under this section without prejudice. However, the
171		-	energy utility may not file a petition for comparable relief under this
172		-	section for a period of twelve (12) months after the date of the energy
173		-	utility's withdrawal of its proposed plan or the date of the energy
174		-	utility's rejection of the commission's order, whichever is applicable.
175		-	SECTION 4. IC 8-1-43 IS ADDED TO THE INDIANA CODE AS
176		-	A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
177		-	PASSAGE]:
178		-	Chapter 43. Pilot Programs for Infrastructure for Public Use
179		-	Electric Vehicles
180		-	Sec. 1. (a) As used in this chapter, "charging infrastructure"
181		-	means:
182		-	(1) structures;
183		-	(2) machinery;
184		-	(3) equipment;
185		-	(4) hardware;
186		-	(5) software; and
187		-	(6) other capital investments;
188		-	installed to support and charge one (1) or more electric vehicles.
189		-	(b) The term includes Level 2 charging stations, direct-current
190		-	fast charging stations, and battery exchange stations.
191		-	Sec. 2. As used in this chapter, "commission" refers to the
192		-	Indiana utility regulatory commission created by IC 8-1-1-2.
193		-	Sec. 3. As used in this chapter, "electric utility" means a public
194		-	utility (as defined in IC 8-1-2-1(a)) that:
195		-	(1) furnishes retail electric service to customers in Indiana;
196		-	and
197		-	(2) is under the jurisdiction of the commission for the
198		-	approval of rates and charges.
199		-	Sec. 4. (a) As used in this chapter, "electric vehicle", or "EV",
200		-	means a vehicle that employs electrical energy as a primary or
201		-	secondary mode of propulsion.
202		-	(b) The term includes:
203		-	(1) all-electric vehicles; and
204		-	(2) plug-in hybrid electric vehicles.
205		-	Sec. 5. As used in this chapter, "make-ready infrastructure"
206		-	means the:
207		-	(1) structures;
208		-	HEA 1221 — Concur 6
209		-	(2) machinery;
210		-	(3) equipment;
211		-	(4) hardware;
212		-	(5) software;
213		-	(6) storage batteries; and
214		-	(7) other capital investments;
215		-	installed to connect charging infrastructure to an electric utility's
216		-	distribution system, including any necessary upgrades to the
217		-	electric utility's distribution system.
218		-	Sec. 6. (a) As used in this chapter, "public use electric vehicle",
219		-	or "public use EV", means any of the following electric vehicles
220		-	that is used primarily to serve the public, regardless of whether the
221		-	electric vehicle (or any associated charging infrastructure) is
222		-	owned, leased, or operated by, or on behalf of, a governmental or
223		-	private entity:
224		-	(1) An electric school bus.
225		-	(2) An electric transit bus.
226		-	(3) An electric vehicle that is used by a public or private
227		-	commercial enterprise primarily to deliver goods or services
228		-	to the public.
229		-	(b) The term does not include an electric vehicle that is used
230		-	primarily for personal, family, or household purposes, or for
231		-	commuting.
232		-	Sec. 7. As used in this chapter, "public use electric vehicle pilot
233		-	program", or "pilot program", means a limited deployment of:
234		-	(1) charging infrastructure; or
235		-	(2) make-ready infrastructure;
236		-	that is designed to evaluate the feasibility and design, including the
237		-	associated costs and benefits, of a larger scale deployment of such
238		-	infrastructure necessary to support public use electric vehicles.
239		-	Sec. 8. (a) An electric utility may request approval from the
240		-	commission to implement a public use electric vehicle pilot
241		-	program to do any of the following:
242		-	(1) Install, own, or operate charging infrastructure or
243		-	make-ready infrastructure to support public use EVs.
244		-	(2) Provide incentives or rebates to customers to encourage
245		-	customer investment in public use EVs and in associated EV
246		-	supply equipment.
247		-	For purposes of this subsection, "EV supply equipment" means a
248		-	device or system designed and used specifically to transfer
249		-	electrical energy to an electric vehicle, either as charge transferred
250		-	via physical or wireless connection, by loading a fully charged
251		-	HEA 1221 — Concur 7
252		-	battery into the vehicle, or by other means.
253		-	(b) An electric utility's request for approval of a pilot program
254		-	under this chapter must include the following:
255		-	(1) A full description of the need for and goals of the pilot
256		-	program.
257		-	(2) A full description of objective evaluation criteria that will
258		-	be used to measure the success or usefulness of the pilot
259		-	program.
260		-	(3) An estimate of all costs of the pilot program, including an
261		-	estimate of the costs to be borne by participating customers of
262		-	the electric utility, nonparticipating customers of the electric
263		-	utility, and the general public, as applicable.
264		-	(4) A timeline for completion or termination of the pilot
265		-	program.
266		-	(5) A plan demonstrating that the charging infrastructure to
	464	+	(2) render:
	465	+	(A) the owner or operator of a facility described in
	466	+	subdivision (1)(A) through (1)(C) a public utility; or
	467	+	EH 1221—LS 7036/DI 101 11
	468	+	(B) the provision of electrical energy:
	469	+	(i) by a facility described in subdivision (1)(A) through
	470	+	(1)(C); and
	471	+	(ii) for the purpose described in subdivision (1);
	472	+	a public utility service;
	473	+	that is subject to regulation; or
	474	+	(3) except for the exclusive purpose set forth in subsection
	475	+	(c)(3), authorize the sale of retail electric service to the
	476	+	general public.".
	477	+	Page 7, line 9, delete "battery," and insert "battery into the
	478	+	vehicle,".
	479	+	Page 7, line 30, after "program" insert "capital".
	480	+	Page 7, line 32, after "program" insert "capital".
	481	+	Page 8, line 16, delete "as identified by the electric utility in its
	482	+	proposal." and insert "based on the evidence in the record of the
	483	+	proceeding.".
	484	+	Page 8, line 21, delete "program, as identified by the electric" and
	485	+	insert "program, based on the evidence in the record of the
	486	+	proceeding.".
	487	+	Page 8, delete line 22.
	488	+	Page 8, line 35, after "associated" insert "capital".
	489	+	Page 8, line 38, after "of the" insert "capital".
	490	+	Page 8, line 40, after "that the" insert "capital".
	491	+	Page 9, delete lines 8 through 14.
	492	+	Renumber all SECTIONS consecutively.
	493	+	and when so amended that said bill do pass.
	494	+	(Reference is to HB 1221 as introduced.)
	495	+	SOLIDAY
	496	+	Committee Vote: yeas 13, nays 0.
	497	+	_____
	498	+	HOUSE MOTION
	499	+	Mr. Speaker: I move that House Bill 1221 be amended to read as
	500	+	follows:
	501	+	Page 7, between lines 18 and 19, begin a new line block indented
	502	+	and insert:
	503	+	"(5) A plan demonstrating that the charging infrastructure to
	504	+	EH 1221—LS 7036/DI 101 12
267	505		be installed under the pilot program will be located in an
268	506		equitable manner that ensures that all customers within the
269	507		electric utility's service area have convenient access to the
270	508		charging infrastructure, including in areas that are:
271	509		(A) economically distressed; or
272		-	(B) racially or ethnically diverse.
273		-	(6) Supporting evidence as to why the pilot program is in the
274		-	public interest, including information as to how participating
275		-	customers of the electric utility, nonparticipating customers
276		-	of the electric utility, and the general public may be affected
277		-	by the pilot program.
278		-	(c) An electric utility's request for approval of a pilot program
279		-	under this chapter may include a request for:
280		-	(1) assurance of cost recovery for pilot program capital costs,
281		-	up to the amount of an approved cost estimate; and
282		-	(2) deferral of pilot program capital costs.
283		-	(d) Subject to subsection (f), an electric utility may request
284		-	approval of a pilot program under this chapter:
285		-	(1) through a proceeding initiated under IC 8-1-2-61, whether
286		-	as a standalone proposal or as part of a base rate case;
287		-	(2) as an alternative regulatory plan under IC 8-1-2.5; or
288		-	(3) through any other process prescribed by the commission.
289		-	(e) The commission shall approve an electric utility's request for
290		-	approval of a pilot program under this chapter if, after notice and
291		-	an opportunity for hearing, the commission determines that the
292		-	proposed pilot program is reasonable, just, and in the public
293		-	interest. In making a determination under this subsection, the
294		-	HEA 1221 — Concur 8
295		-	commission shall consider the following:
296		-	(1) The goals of the pilot program, including any data that
297		-	will be measured or collected through the pilot program, such
298		-	as data concerning customers' electric charging behavior, the
299		-	electric utility's load management capabilities, or the impact
300		-	of public use EVs on the electric utility's distribution system.
301		-	(2) Whether the pilot program includes objective evaluation
302		-	criteria consisting of clearly defined metrics to be used in
303		-	assessing the success of the pilot program.
304		-	(3) The extent to which the estimated costs of the proposed
305		-	pilot program will be borne by:
306		-	(A) participating customers of the electric utility;
307		-	(B) nonparticipating customers of the electric utility; and
308		-	(C) the general public;
309		-	based on the evidence in the record of the proceeding.
310		-	(4) Information as to any benefits that may inure to:
311		-	(A) participating customers of the electric utility;
312		-	(B) nonparticipating customers of the electric utility; and
313		-	(C) the general public;
314		-	as a result of the pilot program, based on the evidence in the
315		-	record of the proceeding.
316		-	(5) The reasonableness of the:
317		-	(A) scale; and
318		-	(B) duration;
319		-	of the pilot program in relation to the estimated costs and
320		-	benefits of the program, the electric utility's total customer
321		-	base and service area, and the stated goals of the program.
322		-	(6) Whether the electric utility's proposal includes a plan
	510	+	(B) racially or ethnically diverse.".
	511	+	Page 7, line 19, delete "(5)" and insert "(6)".
	512	+	Page 8, between lines 24 and 25, begin a new line block indented
	513	+	and insert:
	514	+	"(6) Whether the electric utility's proposal includes a plan
323	515		demonstrating that the charging infrastructure to be installed
324	516		under the pilot program will be located in an equitable
325	517		manner that ensures that all customers within the electric
326	518		utility's service area have convenient access to the charging
327	519		infrastructure, including in areas that are:
328	520		(A) economically distressed; or
329		-	(B) racially or ethnically diverse.
330		-	(7) Other factors the commission considers relevant in
331		-	determining whether the proposed pilot program is
332		-	reasonable, just, and in the public interest.
333		-	(f) This chapter does not prohibit an electric utility from:
334		-	(1) installing, owning, or operating charging infrastructure or
335		-	make-ready infrastructure for electric vehicles; and
336		-	(2) seeking to include the associated capital costs in the
337		-	HEA 1221 — Concur 9
338		-	electric utility's basic rates and charges through a proceeding
339		-	initiated under IC 8-1-2-61.
340		-	The commission shall approve the inclusion of the capital costs
341		-	described in subdivision (2) in the electric utility's basic rates and
342		-	charges if the commission finds that the capital costs incurred are
343		-	reasonable, just, and in the public interest.
344		-	Sec. 9. The commission shall adopt rules under IC 4-22-2 to
345		-	implement this chapter. In adopting rules under this section, the
346		-	commission may adopt emergency rules in the manner provided by
347		-	IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency
348		-	rule adopted by the commission under this section and in the
349		-	manner provided by IC 4-22-2-37.1 expires on the date on which
350		-	a rule that supersedes the emergency rule is adopted by the
351		-	commission under IC 4-22-2-24 through IC 4-22-2-36.
352		-	SECTION 5. An emergency is declared for this act.
353		-	HEA 1221 — Concur Speaker of the House of Representatives
354		-	President of the Senate
355		-	President Pro Tempore
356		-	Governor of the State of Indiana
357		-	Date: Time:
358		-	HEA 1221 — Concur
	521	+	(B) racially or ethnically diverse.".
	522	+	Page 8, line 25, delete "(6)" and insert "(7)".
	523	+	(Reference is to HB 1221 as printed January 18, 2022.)
	524	+	PRYOR
	525	+	_____
	526	+	COMMITTEE REPORT
	527	+	Madam President: The Senate Committee on Utilities, to which was
	528	+	referred House Bill No. 1221, has had the same under consideration
	529	+	and begs leave to report the same back to the Senate with the
	530	+	recommendation that said bill be AMENDED as follows:
	531	+	Page 1, line 13, delete "subsection" and insert "subsections (d)
	532	+	and".
	533	+	Page 1, line 17, delete "and".
	534	+	Page 1, after line 17, begin a new line block indented and insert:
	535	+	"(3) procures the electricity that is provided to the public for
	536	+	compensation from an electricity supplier that is authorized
	537	+	to engage in the retail sale of electricity within the assigned
	538	+	service area in which the EV supply equipment is located;
	539	+	and".
	540	+	Page 2, line 1, delete "(3)" and insert "(4)".
	541	+	Page 2, line 5, delete "subsections (c) and (e)," and insert
	542	+	EH 1221—LS 7036/DI 101 13
	543	+	"subsection (c),".
	544	+	Page 2, line 14, after "both" insert "clauses".
	545	+	Page 2, line 26, delete "render:" and insert "render the owner or
	546	+	operator of a facility described in subdivision (1)(A) through (1)(C)
	547	+	a public utility by reason of such lawful use of the facility described
	548	+	in subdivision (1); or
	549	+	(3) render the provision of electrical energy by a facility
	550	+	described in subdivision (1)(A) through (1)(C) a public utility
	551	+	service that is subject to regulation by reason of such lawful
	552	+	use of the facility described in subdivision (1).
	553	+	(f) Subsection (e) does not authorize the furnishing of retail
	554	+	electric service to the general public.".
	555	+	Page 2, delete lines 27 through 37.
	556	+	and when so amended that said bill do pass.
	557	+	(Reference is to HB 1221 as reprinted January 21, 2022.)
	558	+	KOCH, Chairperson
	559	+	Committee Vote: Yeas 10, Nays 0.
	560	+	_____
	561	+	SENATE MOTION
	562	+	Madam President: I move that Engrossed House Bill 1221 be
	563	+	amended to read as follows:
	564	+	Page 5, line 15, delete "IC 8-1-41" and insert "IC 8-1-43".
	565	+	Page 5, line 18, delete "41." and insert "43.".
	566	+	(Reference is to EHB 1221 as printed February 15, 2022.)
	567	+	KOCH
	568	+	EH 1221—LS 7036/DI 101