Indiana 2022 Regular Session

Indiana House Bill HB1304 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. 1304
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 8-1-40.
7	7	Synopsis: Distributed energy generation. Amends as follows the
8	8	statute concerning electricity supplied to and generated by an
9	9	electricity supplier's customers who own a distributed generation
10	10	facility: (1) Specifies that "excess distributed generation" means the
11	11	difference between: (A) the kilowatt hours of electricity generated by
12	12	a customer and supplied back to the electricity supplier; and (B) the
13	13	kilowatt hours of electricity delivered by the electricity supplier to the
14	14	customer; as netted over the monthly billing period. (2) Provides for:
15	15	(A) the billing or crediting, on a monthly basis, of a distributed
16	16	generation customer for the kilowatt hours of electricity received by or
17	17	supplied by the customer, as applicable; and (B) the rates at which the
18	18	customer is to be credited or billed, as applicable, for those kilowatt
19	19	hours. (3) Makes conforming changes in other provisions of the statute.
20	20	Adds a noncode provision to address electricity suppliers that have
21	21	applied for approval, or received approval, for an excess distributed
22	22	generation rate or tariff from the utility regulatory commission (IURC)
23	23	under current law, and to require that: (1) the IURC not approve any
24	24	pending petitions unless those petitions comply with the bill's
25	25	provisions; and (2) an electricity supplier that has been granted
26	26	approval by the IURC of an excess distributed generation rate and tariff
27	27	to file with the IURC, not later than 30 days after the enactment of the
28	28	bill, an amended rate and tariff, so that both the rate and the tariff, as
29	29	amended, comply with the bill's provisions.
30	30	Effective: Upon passage.
31	31	Morrison
32	32	January 11, 2022, read first time and referred to Committee on Utilities, Energy and
33	33	Telecommunications.
34	34	2022 IN 1304—LS 7069/DI 101 Introduced
35	35	Second Regular Session of the 122nd General Assembly (2022)
36	36	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
37	37	Constitution) is being amended, the text of the existing provision will appear in this style type,
38	38	additions will appear in this style type, and deletions will appear in this style type.
39	39	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
40	40	provision adopted), the text of the new provision will appear in this style type. Also, the
41	41	word NEW will appear in that style type in the introductory clause of each SECTION that adds
42	42	a new provision to the Indiana Code or the Indiana Constitution.
43	43	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
44	44	between statutes enacted by the 2021 Regular Session of the General Assembly.
45	45	HOUSE BILL No. 1304
46	46	A BILL FOR AN ACT to amend the Indiana Code concerning
47	47	utilities.
48	48	Be it enacted by the General Assembly of the State of Indiana:
49	49	1 SECTION 1. IC 8-1-40-5, AS ADDED BY P.L.264-2017,
50	50	2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
51	51	3 UPON PASSAGE]: Sec. 5. As used in this chapter, "excess distributed
52	52	4 generation" means the difference between:
53	53	5 (1) the kilowatt hours of electricity that is supplied by an
54	54	6 electricity supplier to are:
55	55	7 (A) generated by a customer that produces distributed
56	56	8 generation; and
57	57	9 (B) supplied back to the customer's electricity supplier;
58	58	10 and
59	59	11 (2) the kilowatt hours of electricity that is supplied back to are
60	60	12 delivered by the electricity supplier by to the customer;
61	61	13 as netted over the monthly billing period.
62	62	14 SECTION 2. IC 8-1-40-15, AS ADDED BY P.L.264-2017,
63	63	15 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
64	64	16 UPON PASSAGE]: Sec. 15. (a) An electricity supplier shall procure
65	65	17 the excess distributed generation produced by a customer at a rate
66	66	2022 IN 1304—LS 7069/DI 101 2
67	67	1 approved by the commission under section 17 of this chapter. as
68	68	2 follows:
69	69	3 (1) If the kilowatt hours delivered by the electricity supplier
70	70	4 to the customer exceed the kilowatt hours delivered by the
71	71	5 customer to the electricity supplier during the monthly billing
72	72	6 period, the customer shall be billed for the kilowatt hour
73	73	7 difference at the rate that would apply to the customer if the
74	74	8 customer were not an excess distributed generation customer.
75	75	9 (2) If the kilowatt hours generated by the customer and
76	76	10 delivered to the electricity supplier exceed the kilowatt hours
77	77	11 supplied by the electricity supplier to the customer, as netted
78	78	12 over the monthly billing period, the customer shall be credited
79	79	13 in the next monthly billing cycle for the kilowatt hour
80	80	14 difference at the rate approved by the commission under
81	81	15 section 17 of this chapter.
82	82	16 (b) Amounts credited to a customer by an electricity supplier for
83	83	17 excess distributed generation shall be recognized in the electricity
84	84	18 supplier's fuel adjustment proceedings under IC 8-1-2-42.
85	85	19 SECTION 3. IC 8-1-40-16, AS ADDED BY P.L.264-2017,
86	86	20 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
87	87	21 UPON PASSAGE]: Sec. 16. Not later than March 1, 2021, an
88	88	22 electricity supplier shall file with the commission a petition requesting
89	89	23 a rate for the procurement of excess distributed generation by the
90	90	24 electricity supplier under section 15(a)(2) of this chapter. After an
91	91	25 electricity supplier's initial rate for excess distributed generation is
92	92	26 approved by the commission under section 17 of this chapter, the
93	93	27 electricity supplier shall submit on an annual basis, not later than
94	94	28 March 1 of each year, an updated rate for excess distributed generation
95	95	29 in accordance with the methodology set forth in section 17 of this
96	96	30 chapter.
97	97	31 SECTION 4. IC 8-1-40-17, AS ADDED BY P.L.264-2017,
98	98	32 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
99	99	33 UPON PASSAGE]: Sec. 17. The commission shall review a petition
100	100	34 filed under section 16 of this chapter by an electricity supplier and,
101	101	35 after notice and a public hearing, shall approve a rate to be credited
102	102	36 under section 15(a)(2) of this chapter to participating customers by
103	103	37 the electricity supplier for excess distributed generation if the
104	104	38 commission finds that the rate requested by the electricity supplier was
105	105	39 accurately calculated and equals the product of:
106	106	40 (1) the average marginal price of electricity paid by the electricity
107	107	41 supplier during the most recent calendar year; multiplied by
108	108	42 (2) one and twenty-five hundredths (1.25).
109	109	2022 IN 1304—LS 7069/DI 101 3
110	110	1 SECTION 5. IC 8-1-40-18, AS ADDED BY P.L.264-2017,
111	111	2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
112	112	3 UPON PASSAGE]: Sec. 18. An electricity supplier shall compensate
113	113	4 a customer from whom the electricity supplier procures excess
114	114	5 distributed generation (at the rate approved by the commission under
115	115	6 section 17 of this chapter) through a credit on the customer's monthly
116	116	7 bill, as described in section 15(a)(2) of this chapter. Any excess
117	117	8 credit shall be carried forward and applied against future charges to the
118	118	9 customer for as long as the customer receives retail electric service
119	119	10 from the electricity supplier at the premises.
120	120	11 SECTION 6. [EFFECTIVE UPON PASSAGE] (a) The definitions
121	121	12 in IC 8-1-40, as amended by this act, apply throughout this
122	122	13 SECTION.
123	123	14 (b) If:
124	124	15 (1) an electricity supplier has filed, before the effective date of
125	125	16 this act, a petition with the commission under IC 8-1-40-16,
126	126	17 before its amendment by this act; and
127	127	18 (2) the commission, as of the effective date of this act, has not
128	128	19 approved:
129	129	20 (A) a rate under IC 8-1-40-17, as amended by this act; or
130	130	21 (B) an excess distributed generation tariff;
131	131	22 for the electricity supplier;
132	132	23 the commission may not approve a rate under IC 8-1-40-17, as
133	133	24 amended by this act, or an excess distributed generation tariff for
134	134	25 the electricity supplier, unless both the rate and the tariff comply
135	135	26 with IC 8-1-40-15, as amended by this act, and IC 8-1-40-17, as
136	136	27 amended by this act.
137	137	28 (c) If, before the effective date of this act, the commission has
138	138	29 approved a rate under IC 8-1-40-17, before its amendment by this
139	139	30 act, and an excess distributed generation tariff for an electricity
140	140	31 supplier, the electricity supplier shall, not later than thirty (30)
141	141	32 days after the effective date of this act, file with the commission for
142	142	33 approval an amended rate under IC 8-1-40-17, as amended by this
143	143	34 act, and an amended excess distributed generation tariff, so that
144	144	35 both the rate and the tariff, as amended, comply with IC 8-1-40-15,
145	145	36 as amended by this act, and IC 8-1-40-17, as amended by this act.
146	146	37 Upon the commission's approval of the amended rate and tariff,
147	147	38 the electricity supplier shall begin procuring excess distributed
148	148	39 generation from the electricity supplier's participating customers
149	149	40 in accordance with the amended rate and tariff, as directed by the
150	150	41 commission in its order approving the amended rate and tariff.
151	151	42 (d) This SECTION expires January 1, 2026.
152	152	2022 IN 1304—LS 7069/DI 101 4
153	153	1 SECTION 7. An emergency is declared for this act.
154	154	2022 IN 1304—LS 7069/DI 101