Indiana 2022 Regular Session

Indiana Senate Bill SB0248 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 248
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	Brown L
32	32	January 10, 2022, read first time and referred to Committee on Utilities.
33	33	2022 IN 248—LS 6701/DI 101 Introduced
34	34	Second Regular Session of the 122nd General Assembly (2022)
35	35	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
36	36	Constitution) is being amended, the text of the existing provision will appear in this style type,
37	37	additions will appear in this style type, and deletions will appear in this style type.
38	38	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
39	39	provision adopted), the text of the new provision will appear in this style type. Also, the
40	40	word NEW will appear in that style type in the introductory clause of each SECTION that adds
41	41	a new provision to the Indiana Code or the Indiana Constitution.
42	42	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
43	43	between statutes enacted by the 2021 Regular Session of the General Assembly.
44	44	SENATE BILL No. 248
45	45	A BILL FOR AN ACT to amend the Indiana Code concerning
46	46	utilities.
47	47	Be it enacted by the General Assembly of the State of Indiana:
48	48	1 SECTION 1. IC 8-1-40-5, AS ADDED BY P.L.264-2017,
49	49	2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
50	50	3 UPON PASSAGE]: Sec. 5. As used in this chapter, "excess distributed
51	51	4 generation" means the difference between:
52	52	5 (1) the kilowatt hours of electricity that is supplied by an
53	53	6 electricity supplier to are:
54	54	7 (A) generated by a customer that produces distributed
55	55	8 generation; and
56	56	9 (B) supplied back to the customer's electricity supplier;
57	57	10 and
58	58	11 (2) the kilowatt hours of electricity that is supplied back to are
59	59	12 delivered by the electricity supplier by to the customer;
60	60	13 as netted over the monthly billing period.
61	61	14 SECTION 2. IC 8-1-40-15, AS ADDED BY P.L.264-2017,
62	62	15 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
63	63	16 UPON PASSAGE]: Sec. 15. (a) An electricity supplier shall procure
64	64	17 the excess distributed generation produced by a customer at a rate
65	65	2022 IN 248—LS 6701/DI 101 2
66	66	1 approved by the commission under section 17 of this chapter. as
67	67	2 follows:
68	68	3 (1) If the kilowatt hours delivered by the electricity supplier
69	69	4 to the customer exceed the kilowatt hours delivered by the
70	70	5 customer to the electricity supplier during the monthly billing
71	71	6 period, the customer shall be billed for the kilowatt hour
72	72	7 difference at the rate that would apply to the customer if the
73	73	8 customer were not an excess distributed generation customer.
74	74	9 (2) If the kilowatt hours generated by the customer and
75	75	10 delivered to the electricity supplier exceed the kilowatt hours
76	76	11 supplied by the electricity supplier to the customer, as netted
77	77	12 over the monthly billing period, the customer shall be credited
78	78	13 in the next monthly billing cycle for the kilowatt hour
79	79	14 difference at the rate approved by the commission under
80	80	15 section 17 of this chapter.
81	81	16 (b) Amounts credited to a customer by an electricity supplier for
82	82	17 excess distributed generation shall be recognized in the electricity
83	83	18 supplier's fuel adjustment proceedings under IC 8-1-2-42.
84	84	19 SECTION 3. IC 8-1-40-16, AS ADDED BY P.L.264-2017,
85	85	20 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
86	86	21 UPON PASSAGE]: Sec. 16. Not later than March 1, 2021, an
87	87	22 electricity supplier shall file with the commission a petition requesting
88	88	23 a rate for the procurement of excess distributed generation by the
89	89	24 electricity supplier under section 15(a)(2) of this chapter. After an
90	90	25 electricity supplier's initial rate for excess distributed generation is
91	91	26 approved by the commission under section 17 of this chapter, the
92	92	27 electricity supplier shall submit on an annual basis, not later than
93	93	28 March 1 of each year, an updated rate for excess distributed generation
94	94	29 in accordance with the methodology set forth in section 17 of this
95	95	30 chapter.
96	96	31 SECTION 4. IC 8-1-40-17, AS ADDED BY P.L.264-2017,
97	97	32 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
98	98	33 UPON PASSAGE]: Sec. 17. The commission shall review a petition
99	99	34 filed under section 16 of this chapter by an electricity supplier and,
100	100	35 after notice and a public hearing, shall approve a rate to be credited
101	101	36 under section 15(a)(2) of this chapter to participating customers by
102	102	37 the electricity supplier for excess distributed generation if the
103	103	38 commission finds that the rate requested by the electricity supplier was
104	104	39 accurately calculated and equals the product of:
105	105	40 (1) the average marginal price of electricity paid by the electricity
106	106	41 supplier during the most recent calendar year; multiplied by
107	107	42 (2) one and twenty-five hundredths (1.25).
108	108	2022 IN 248—LS 6701/DI 101 3
109	109	1 SECTION 5. IC 8-1-40-18, AS ADDED BY P.L.264-2017,
110	110	2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
111	111	3 UPON PASSAGE]: Sec. 18. An electricity supplier shall compensate
112	112	4 a customer from whom the electricity supplier procures excess
113	113	5 distributed generation (at the rate approved by the commission under
114	114	6 section 17 of this chapter) through a credit on the customer's monthly
115	115	7 bill, as described in section 15(a)(2) of this chapter. Any excess
116	116	8 credit shall be carried forward and applied against future charges to the
117	117	9 customer for as long as the customer receives retail electric service
118	118	10 from the electricity supplier at the premises.
119	119	11 SECTION 6. [EFFECTIVE UPON PASSAGE] (a) The definitions
120	120	12 in IC 8-1-40, as amended by this act, apply throughout this
121	121	13 SECTION.
122	122	14 (b) If:
123	123	15 (1) an electricity supplier has filed, before the effective date of
124	124	16 this act, a petition with the commission under IC 8-1-40-16,
125	125	17 before its amendment by this act; and
126	126	18 (2) the commission, as of the effective date of this act, has not
127	127	19 approved:
128	128	20 (A) a rate under IC 8-1-40-17, as amended by this act; or
129	129	21 (B) an excess distributed generation tariff;
130	130	22 for the electricity supplier;
131	131	23 the commission may not approve a rate under IC 8-1-40-17, as
132	132	24 amended by this act, or an excess distributed generation tariff for
133	133	25 the electricity supplier, unless both the rate and the tariff comply
134	134	26 with IC 8-1-40-15, as amended by this act, and IC 8-1-40-17, as
135	135	27 amended by this act.
136	136	28 (c) If, before the effective date of this act, the commission has
137	137	29 approved a rate under IC 8-1-40-17, before its amendment by this
138	138	30 act, and an excess distributed generation tariff for an electricity
139	139	31 supplier, the electricity supplier shall, not later than thirty (30)
140	140	32 days after the effective date of this act, file with the commission for
141	141	33 approval an amended rate under IC 8-1-40-17, as amended by this
142	142	34 act, and an amended excess distributed generation tariff, so that
143	143	35 both the rate and the tariff, as amended, comply with IC 8-1-40-15,
144	144	36 as amended by this act, and IC 8-1-40-17, as amended by this act.
145	145	37 Upon the commission's approval of the amended rate and tariff,
146	146	38 the electricity supplier shall begin procuring excess distributed
147	147	39 generation from the electricity supplier's participating customers
148	148	40 in accordance with the amended rate and tariff, as directed by the
149	149	41 commission in its order approving the amended rate and tariff.
150	150	42 (d) This SECTION expires January 1, 2026.
151	151	2022 IN 248—LS 6701/DI 101 4
152	152	1 SECTION 7. An emergency is declared for this act.
153	153	2022 IN 248—LS 6701/DI 101