Indiana 2022 Regular Session

Indiana Senate Bill SB0314 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. 314
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 8-1-40.
7	7	Synopsis: Net metering for electricity generation. Amends the statute
8	8	concerning distributed electricity generation as follows: (1) Repeals
9	9	provisions requiring an electricity supplier's net metering tariff to
10	10	remain available to customers until the earlier of: (A) January 1 of the
11	11	first calendar year after the calendar year in which the aggregate
12	12	amount of net metering facility nameplate capacity under the electricity
13	13	supplier's net metering tariff equals at least 1.5% of the electricity
14	14	supplier's most recent summer peak load; or (B) July 1, 2022. (2)
15	15	Repeals provisions requiring an electricity supplier to: (A) petition the
16	16	Indiana utility regulatory commission (IURC) for a rate for the
17	17	procurement of excess distributed generation produced by customers
18	18	owning a distributed generation facility; and (B) credit, at the approved
19	19	rate, customers for excess distributed generation supplied to the
20	20	electricity supplier. (3) Provides that an electricity supplier's net
21	21	metering tariff must be made and remain available to customers at least
22	22	until January 1 of the first calendar year after the calendar year in
23	23	which the aggregate amount of net metering facility nameplate capacity
24	24	under the electricity supplier's net metering tariff equals at least 5%
25	25	(versus 1.5% under current law) of the electricity supplier's most recent
26	26	summer peak load. (4) Requires an electricity supplier to petition,
27	27	before July 1, 2022, the IURC for approval of a new or amended net
28	28	metering tariff that does the following: (A) Provides that the aggregate
29	29	amount of net metering facility nameplate capacity made available for
30	30	participation by customers under the net metering tariff is at least 5%
31	31	of the electricity supplier's most recent summer peak load. (B) Provides
32	32	that the minimum net metering facility nameplate capacity made
33	33	(Continued next page)
34	34	Effective: Upon passage.
35	35	Yoder
36	36	January 11, 2022, read first time and referred to Committee on Utilities.
37	37	2022 IN 314—LS 6933/DI 101 Digest Continued
38	38	available is subject to the reservation of: (i) 30% (versus 40% under
39	39	current law) for participation by residential customers; and (ii) not
40	40	more than 5% (versus 15% under current law) for participation by
41	41	customers that install a net metering facility that uses organic waste
42	42	biomass. (5) Provides that before July 1, 2022, the IURC shall make
43	43	similar amendments to its net metering rules. (6) Provides that a
44	44	customer that installs a net metering facility on the customer's premises
45	45	before the net metering tariff of the customer's electricity supplier
46	46	terminates under the bill's provisions shall continue to be served under
47	47	the net metering tariff until the customer removes from the customer's
48	48	premises or replaces the net metering facility. (Current law requires the
49	49	customer to continue to be served under the net metering tariff until:
50	50	(A) the customer removes or replaces the net metering facility; or (B)
51	51	either July 1, 2032, or July 1, 2047, depending on the date of
52	52	installation; whichever is earlier.) Specifies that any repairs, updates,
53	53	or upgrades to portions of a net metering facility that do not increase
54	54	the nameplate capacity of the net metering facility are not considered
55	55	a replacement of the net metering facility for purposes of these
56	56	provisions. (7) Makes conforming changes in other provisions of the
57	57	statute. Adds a noncode provision to address electricity suppliers that
58	58	have applied for approval, or received approval, for an excess
59	59	distributed generation rate or tariff from the IURC under current law,
60	60	and to require: (1) the IURC to: (A) close any pending proceeding for
61	61	an electricity supplier that has not yet received approval for an excess
62	62	distributed generation rate or tariff; and (B) direct the electricity
63	63	supplier to file a petition with the IURC for approval of a new or
64	64	amended net metering tariff, as required under the bill; and (2) an
65	65	electricity supplier that has been granted approval by the IURC of an
66	66	excess distributed generation rate and tariff to file with the IURC, not
67	67	later than 30 days after the enactment of the bill, a petition for approval
68	68	of a new or amended net metering tariff, as required under the bill.
69	69	2022 IN 314—LS 6933/DI 1012022 IN 314—LS 6933/DI 101 Introduced
70	70	Second Regular Session of the 122nd General Assembly (2022)
71	71	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
72	72	Constitution) is being amended, the text of the existing provision will appear in this style type,
73	73	additions will appear in this style type, and deletions will appear in this style type.
74	74	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
75	75	provision adopted), the text of the new provision will appear in this style type. Also, the
76	76	word NEW will appear in that style type in the introductory clause of each SECTION that adds
77	77	a new provision to the Indiana Code or the Indiana Constitution.
78	78	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
79	79	between statutes enacted by the 2021 Regular Session of the General Assembly.
80	80	SENATE BILL No. 314
81	81	A BILL FOR AN ACT to amend the Indiana Code concerning
82	82	utilities.
83	83	Be it enacted by the General Assembly of the State of Indiana:
84	84	1 SECTION 1. IC 8-1-40-3 IS REPEALED [EFFECTIVE UPON
85	85	2 PASSAGE]. Sec. 3. (a) As used in this chapter, "distributed generation"
86	86	3 means electricity produced by a generator or other device that is:
87	87	4 (1) located on the customer's premises;
88	88	5 (2) owned by the customer;
89	89	6 (3) sized at a nameplate capacity of the lesser of:
90	90	7 (A) not more than one (1) megawatt; or
91	91	8 (B) the customer's average annual consumption of electricity
92	92	9 on the premises; and
93	93	10 (4) interconnected and operated in parallel with the electricity
94	94	11 supplier's facilities in accordance with the commission's approved
95	95	12 interconnection standards.
96	96	13 (b) The term does not include electricity produced by the following:
97	97	14 (1) An electric generator used exclusively for emergency
98	98	15 purposes.
99	99	2022 IN 314—LS 6933/DI 101 2
100	100	1 (2) A net metering facility (as defined in 170 IAC 4-4.2-1(k))
101	101	2 operating under a net metering tariff.
102	102	3 SECTION 2. IC 8-1-40-5 IS REPEALED [EFFECTIVE UPON
103	103	4 PASSAGE]. Sec. 5. As used in this chapter, "excess distributed
104	104	5 generation" means the difference between:
105	105	6 (1) the electricity that is supplied by an electricity supplier to a
106	106	7 customer that produces distributed generation; and
107	107	8 (2) the electricity that is supplied back to the electricity supplier
108	108	9 by the customer.
109	109	10 SECTION 3. IC 8-1-40-5.5 IS ADDED TO THE INDIANA CODE
110	110	11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
111	111	12 UPON PASSAGE]: Sec. 5.5. As used in this chapter, "install", with
112	112	13 respect to a net metering facility (as defined in 170 IAC 4-4.2-1(k))
113	113	14 of a customer, means to set up so that the net metering facility (as
114	114	15 defined in 170 IAC 4-4.2-1(k)) can be safely energized,
115	115	16 notwithstanding any metering or inspection requirements that the
116	116	17 customer's electricity supplier has not yet performed.
117	117	18 SECTION 4. IC 8-1-40-6 IS REPEALED [EFFECTIVE UPON
118	118	19 PASSAGE]. Sec. 6. As used in this chapter, "marginal price of
119	119	20 electricity" means the hourly market price for electricity as determined
120	120	21 by a regional transmission organization of which the electricity supplier
121	121	22 serving a customer is a member.
122	122	23 SECTION 5. IC 8-1-40-7, AS ADDED BY P.L.264-2017,
123	123	24 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
124	124	25 UPON PASSAGE]: Sec. 7. As used in this chapter, "net metering
125	125	26 tariff" means a tariff that (1) an electricity supplier offers for net
126	126	27 metering under 170 IAC 4-4.2. and
127	127	28 (2) is in effect on January 1, 2017.
128	128	29 SECTION 6. IC 8-1-40-9 IS REPEALED [EFFECTIVE UPON
129	129	30 PASSAGE]. Sec. 9. As used in this chapter, "regional transmission
130	130	31 organization" has the meaning set forth in IC 8-1-37-9.
131	131	32 SECTION 7. IC 8-1-40-10, AS ADDED BY P.L.264-2017,
132	132	33 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
133	133	34 UPON PASSAGE]: Sec. 10. Subject to sections section 13 and 14 of
134	134	35 this chapter, a net metering tariff of an electricity supplier must be
135	135	36 made and remain available to the electricity supplier's customers at
136	136	37 least until the earlier of the following:
137	137	38 (1) January 1 of the first calendar year after the calendar year in
138	138	39 which the aggregate amount of net metering facility nameplate
139	139	40 capacity under the electricity supplier's net metering tariff equals
140	140	41 at least one and one-half percent (1.5%) of the most recent
141	141	42 summer peak load of the electricity supplier.
142	142	2022 IN 314—LS 6933/DI 101 3
143	143	1 (2) July 1, 2022. or exceeds the aggregate amount of net
144	144	2 metering facility nameplate capacity made available, as
145	145	3 specified by the electricity supplier under section 12(b) of this
146	146	4 chapter, for participation by customers under the electricity
147	147	5 supplier's net metering tariff. However, an electricity supplier
148	148	6 may, at the electricity supplier's sole discretion, continue to
149	149	7 make the electricity supplier's net metering tariff available to
150	150	8 customers after the electricity supplier's limit on net metering
151	151	9 facility nameplate capacity has been met or exceeded.
152	152	10 Before July 1, 2022, if an electricity supplier reasonably anticipates, at
153	153	11 any point in a calendar year, that the aggregate amount of net metering
154	154	12 facility nameplate capacity under the electricity supplier's net metering
155	155	13 tariff will equal at least one and one-half percent (1.5%) of the most
156	156	14 recent summer peak load of the electricity supplier, the electricity
157	157	15 supplier shall, in accordance with section 16 of this chapter, petition
158	158	16 the commission for approval of a rate for the procurement of excess
159	159	17 distributed generation.
160	160	18 SECTION 8. IC 8-1-40-11, AS ADDED BY P.L.264-2017,
161	161	19 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
162	162	20 UPON PASSAGE]: Sec. 11. (a) Except as provided in sections section
163	163	21 12 and 21(b) of this chapter: before July 1, 2047:
164	164	22 (1) an electricity supplier may not seek to change the terms and
165	165	23 conditions of the electricity supplier's net metering tariff; and
166	166	24 (2) the commission may not approve changes to an electricity
167	167	25 supplier's net metering tariff.
168	168	26 (b) Except as provided in sections 13 and 14 of this chapter, after
169	169	27 June 30, 2022:
170	170	28 (1) an electricity supplier may not make a net metering tariff
171	171	29 available to customers; and
172	172	30 (2) the terms and conditions of a net metering tariff offered by an
173	173	31 electricity supplier before July 1, 2022, expire and are
174	174	32 unenforceable.
175	175	33 SECTION 9. IC 8-1-40-12, AS ADDED BY P.L.264-2017,
176	176	34 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
177	177	35 UPON PASSAGE]: Sec. 12. (a) Before January 1, 2018, the
178	178	36 commission shall amend 170 IAC 4-4.2-4, and an electricity supplier
179	179	37 shall amend the electricity supplier's net metering tariff, to do the
180	180	38 following:
181	181	39 (1) Increase the allowed limit on the aggregate amount of net
182	182	40 metering facility nameplate capacity under the net metering tariff
183	183	41 to one and one-half percent (1.5%) of the most recent summer
184	184	42 peak load of the electricity supplier.
185	185	2022 IN 314—LS 6933/DI 101 4
186	186	1 (2) Modify the required reservation of capacity under the limit
187	187	2 described in subdivision (1) to require the reservation of:
188	188	3 (A) forty percent (40%) of the capacity for participation by
189	189	4 residential customers; and
190	190	5 (B) fifteen percent (15%) of the capacity for participation by
191	191	6 customers that install a net metering facility that uses a
192	192	7 renewable energy resource described in IC 8-1-37-4(a)(5).
193	193	8 (b) Before July 1, 2022, an electricity supplier shall petition the
194	194	9 commission for approval of an amended or a new net metering
195	195	10 tariff that does the following:
196	196	11 (1) Provides that the aggregate amount of net metering
197	197	12 facility nameplate capacity made available for participation
198	198	13 by customers under the net metering tariff is at least five
199	199	14 percent (5%) of the most recent summer peak load of the
200	200	15 electricity supplier. However, an electricity supplier may
201	201	16 increase the limit on the aggregate amount of net metering
202	202	17 facility nameplate capacity under the electricity supplier's net
203	203	18 metering tariff at the electricity supplier's sole discretion.
204	204	19 (2) Provides that the minimum net metering facility
205	205	20 nameplate capacity made available for participation by
206	206	21 customers under subdivision (1) is subject to following:
207	207	22 (A) The reservation of thirty percent (30%) of the capacity
208	208	23 for participation by residential customers.
209	209	24 (B) The reservation of not more than five percent (5%) of
210	210	25 the capacity for participation by customers that install a
211	211	26 net metering facility that uses a renewable energy resource
212	212	27 described in IC 8-1-37-4(a)(5).
213	213	28 An electricity supplier's petition under this subsection may not
214	214	29 include any other substantive changes to the terms and conditions
215	215	30 of the electricity supplier's existing net metering tariff being
216	216	31 amended or replaced. Not later than thirty (30) days after receipt
217	217	32 of a petition under this subsection, the commission shall review the
218	218	33 petition and, if the petition complies with subdivisions (1) and (2),
219	219	34 shall approve the electricity supplier's new or amended net
220	220	35 metering tariff. If the commission determines that the petition does
221	221	36 not comply with subdivisions (1) and (2), the commission shall
222	222	37 notify the electricity supplier of the defect and shall require the
223	223	38 electricity supplier to remedy the defect not later than a date set
224	224	39 forth by the commission in its notice to the electricity supplier
225	225	40 under this subsection.
226	226	41 (c) Before July 1, 2022, the commission shall amend 170
227	227	42 IAC 4-4.2 to do the following:
228	228	2022 IN 314—LS 6933/DI 101 5
229	229	1 (1) Amend 170 IAC 4-4.2-4(a) to provide that a net metering
230	230	2 tariff of an electricity supplier must be made and remain
231	231	3 available to the electricity supplier's customers at least until
232	232	4 January 1 of the first calendar year after the calendar year in
233	233	5 which the aggregate amount of net metering facility
234	234	6 nameplate capacity under the electricity supplier's net
235	235	7 metering tariff equals at least five percent (5%) of the most
236	236	8 recent summer peak load of the electricity supplier.
237	237	9 (2) Amend 170 IAC 4-4.2-4(b) to:
238	238	10 (A) establish as the minimum limit on the aggregate
239	239	11 amount of net metering facility nameplate capacity that an
240	240	12 electricity supplier may establish under the electricity
241	241	13 supplier's net metering tariff an amount equal to at least
242	242	14 five percent (5%) of the most recent summer peak load of
243	243	15 the electricity supplier; and
244	244	16 (B) provide that the required minimum net metering
245	245	17 facility nameplate capacity made available for
246	246	18 participation by an electricity supplier's customers under
247	247	19 clause (A) is subject to following:
248	248	20 (i) Thirty percent (30%) of the capacity must be reserved
249	249	21 for participation by residential customers.
250	250	22 (ii) Not more than five percent (5%) of the capacity must
251	251	23 be reserved for participation by customers that install a
252	252	24 net metering facility that uses a renewable energy
253	253	25 resource described in IC 8-1-37-4(a)(5).
254	254	26 (b) (d) In amending 170 IAC 4-4.2-4, as required by subsection
255	255	27 subsections (a) and (c), the commission may adopt emergency rules
256	256	28 in the manner provided by IC 4-22-2-37.1. Notwithstanding
257	257	29 IC 4-22-2-37.1(g), an emergency rule adopted by the commission under
258	258	30 this section and in the manner provided by IC 4-22-2-37.1 expires on
259	259	31 the date on which a rule that supersedes the emergency rule is adopted
260	260	32 by the commission under IC 4-22-2-24 through IC 4-22-2-36.
261	261	33 SECTION 10. IC 8-1-40-13, AS ADDED BY P.L.264-2017,
262	262	34 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
263	263	35 UPON PASSAGE]: Sec. 13. (a) This section applies to a customer that
264	264	36 installs a net metering facility (as defined in 170 IAC 4-4.2-1(k)) on the
265	265	37 customer's premises
266	266	38 (1) after December 31, 2017; and
267	267	39 (2) before the date on which the net metering tariff of the
268	268	40 customer's electricity supplier terminates under section 10(1) or
269	269	41 10(2) 10 of this chapter.
270	270	42 (b) A customer that is participating in an electricity supplier's net
271	271	2022 IN 314—LS 6933/DI 101 6
272	272	1 metering tariff on the date on which the electricity supplier's net
273	273	2 metering tariff terminates under section 10(1) or 10(2) 10 of this
274	274	3 chapter shall continue to be served under the terms and conditions of
275	275	4 the net metering tariff until
276	276	5 (1) the customer removes from the customer's premises or
277	277	6 replaces the net metering facility (as defined in 170
278	278	7 IAC 4-4.2-1(k)). or
279	279	8 (2) July 1, 2032;
280	280	9 whichever occurs earlier.
281	281	10 (c) A successor in interest to a customer's premises on which a net
282	282	11 metering facility (as defined in 170 IAC 4-4.2-1(k)): that
283	283	12 (1) is located; and
284	284	13 (2) was installed during the period described in subsection (a) is
285	285	14 located before the date on which the net metering tariff of the
286	286	15 customer's electricity supplier terminated under section 10;
287	287	16 may, if the successor in interest chooses, be served under the terms and
288	288	17 conditions of the net metering tariff of the electricity supplier that
289	289	18 provides retail electric service at the premises until
290	290	19 (1) the net metering facility (as defined in 170 IAC 4-4.2-1(k)) is
291	291	20 removed from the premises or is replaced. or
292	292	21 (2) July 1, 2032;
293	293	22 whichever occurs earlier.
294	294	23 (d) The amount of nameplate capacity of a net metering facility
295	295	24 (as defined in 170 IAC 4-4.2-1(k)) installed on a customer's
296	296	25 premises on the date on which the net metering tariff of the
297	297	26 customer's electricity supplier terminates under section 10 of this
298	298	27 chapter is the amount of the customer's net metering facility (as
299	299	28 defined in 170 IAC 4-4.2-1(k)) nameplate capacity considered to be
300	300	29 participating in the net metering tariff of the customer's electricity
301	301	30 supplier as of the date on which the net metering tariff of the
302	302	31 customer's electricity supplier terminates under section 10 of this
303	303	32 chapter. Any repairs, updates, or upgrades to portions of the net
304	304	33 metering facility (as defined in 170 IAC 4-4.2-1(k)) that:
305	305	34 (1) are made after the date on which the net metering tariff of
306	306	35 the customer's electricity supplier terminates under section 10
307	307	36 of this chapter; and
308	308	37 (2) do not increase the nameplate capacity of the net metering
309	309	38 facility;
310	310	39 are not considered a replacement of the net metering facility for
311	311	40 purposes of subsections (b) and (c).
312	312	41 SECTION 11. IC 8-1-40-14 IS REPEALED [EFFECTIVE UPON
313	313	42 PASSAGE]. Sec. 14. (a) This section applies to a customer that installs
314	314	2022 IN 314—LS 6933/DI 101 7
315	315	1 a net metering facility (as defined in 170 IAC 4-4.2-1(k)) on the
316	316	2 customer's premises before January 1, 2018.
317	317	3 (b) A customer that is participating in an electricity supplier's net
318	318	4 metering tariff on December 31, 2017, shall continue to be served
319	319	5 under the terms and conditions of the net metering tariff until:
320	320	6 (1) the customer removes from the customer's premises or
321	321	7 replaces the net metering facility (as defined in 170
322	322	8 IAC 4-4.2-1(k)); or
323	323	9 (2) July 1, 2047;
324	324	10 whichever occurs earlier.
325	325	11 (c) A successor in interest to a customer's premises on which is
326	326	12 located a net metering facility (as defined in 170 IAC 4-4.2-1(k)) that
327	327	13 was installed before January 1, 2018, may, if the successor in interest
328	328	14 chooses, be served under the terms and conditions of the net metering
329	329	15 tariff of the electricity supplier that provides retail electric service at
330	330	16 the premises until:
331	331	17 (1) the net metering facility (as defined in 170 IAC 4-4.2-1(k)) is
332	332	18 removed from the premises or is replaced; or
333	333	19 (2) July 1, 2047;
334	334	20 whichever occurs earlier.
335	335	21 SECTION 12. IC 8-1-40-15 IS REPEALED [EFFECTIVE UPON
336	336	22 PASSAGE]. Sec. 15. An electricity supplier shall procure the excess
337	337	23 distributed generation produced by a customer at a rate approved by the
338	338	24 commission under section 17 of this chapter. Amounts credited to a
339	339	25 customer by an electricity supplier for excess distributed generation
340	340	26 shall be recognized in the electricity supplier's fuel adjustment
341	341	27 proceedings under IC 8-1-2-42.
342	342	28 SECTION 13. IC 8-1-40-16 IS REPEALED [EFFECTIVE UPON
343	343	29 PASSAGE]. Sec. 16. Not later than March 1, 2021, an electricity
344	344	30 supplier shall file with the commission a petition requesting a rate for
345	345	31 the procurement of excess distributed generation by the electricity
346	346	32 supplier. After an electricity supplier's initial rate for excess distributed
347	347	33 generation is approved by the commission under section 17 of this
348	348	34 chapter, the electricity supplier shall submit on an annual basis, not
349	349	35 later than March 1 of each year, an updated rate for excess distributed
350	350	36 generation in accordance with the methodology set forth in section 17
351	351	37 of this chapter.
352	352	38 SECTION 14. IC 8-1-40-17 IS REPEALED [EFFECTIVE UPON
353	353	39 PASSAGE]. Sec. 17. The commission shall review a petition filed
354	354	40 under section 16 of this chapter by an electricity supplier and, after
355	355	41 notice and a public hearing, shall approve a rate to be credited to
356	356	42 participating customers by the electricity supplier for excess distributed
357	357	2022 IN 314—LS 6933/DI 101 8
358	358	1 generation if the commission finds that the rate requested by the
359	359	2 electricity supplier was accurately calculated and equals the product of:
360	360	3 (1) the average marginal price of electricity paid by the electricity
361	361	4 supplier during the most recent calendar year; multiplied by
362	362	5 (2) one and twenty-five hundredths (1.25).
363	363	6 SECTION 15. IC 8-1-40-18 IS REPEALED [EFFECTIVE UPON
364	364	7 PASSAGE]. Sec. 18. An electricity supplier shall compensate a
365	365	8 customer from whom the electricity supplier procures excess
366	366	9 distributed generation (at the rate approved by the commission under
367	367	10 section 17 of this chapter) through a credit on the customer's monthly
368	368	11 bill. Any excess credit shall be carried forward and applied against
369	369	12 future charges to the customer for as long as the customer receives
370	370	13 retail electric service from the electricity supplier at the premises.
371	371	14 SECTION 16. IC 8-1-40-19 IS REPEALED [EFFECTIVE UPON
372	372	15 PASSAGE]. Sec. 19. (a) To ensure that customers that produce
373	373	16 distributed generation are properly charged for the costs of the
374	374	17 electricity delivery system through which an electricity supplier:
375	375	18 (1) provides retail electric service to those customers; and
376	376	19 (2) procures excess distributed generation from those customers;
377	377	20 the electricity supplier may request approval by the commission of the
378	378	21 recovery of energy delivery costs attributable to serving customers that
379	379	22 produce distributed generation.
380	380	23 (b) The commission may approve a request for cost recovery
381	381	24 submitted by an electricity supplier under subsection (a) if the
382	382	25 commission finds that the request:
383	383	26 (1) is reasonable; and
384	384	27 (2) does not result in a double recovery of energy delivery costs
385	385	28 from customers that produce distributed generation.
386	386	29 SECTION 17. IC 8-1-40-20 IS REPEALED [EFFECTIVE UPON
387	387	30 PASSAGE]. Sec. 20. (a) An electricity supplier shall provide and
388	388	31 maintain the metering equipment necessary to carry out the
389	389	32 procurement of excess distributed generation from customers in
390	390	33 accordance with this chapter.
391	391	34 (b) The commission shall recognize in the electricity supplier's basic
392	392	35 rates and charges an electricity supplier's reasonable costs for the
393	393	36 metering equipment required under subsection (a).
394	394	37 SECTION 18. IC 8-1-40-21, AS ADDED BY P.L.264-2017,
395	395	38 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
396	396	39 UPON PASSAGE]: Sec. 21. (a) Subject to subsection (b) and sections
397	397	40 section 10 and 11 of this chapter, after June 30, 2017, the commission's
398	398	41 rules and standards set forth in:
399	399	42 (1) 170 IAC 4-4.2 (concerning net metering); and
400	400	2022 IN 314—LS 6933/DI 101 9
401	401	1 (2) 170 IAC 4-4.3 (concerning interconnection);
402	402	2 remain in effect and apply to net metering under an electricity
403	403	3 supplier's net metering tariff. and to distributed generation under this
404	404	4 chapter.
405	405	5 (b) After June 30, 2017, the commission may adopt changes under
406	406	6 IC 4-22-2, including emergency rules in the manner provided by
407	407	7 IC 4-22-2-37.1, to the rules and standards described in subsection (a)
408	408	8 only as necessary to:
409	409	9 (1) update fees or charges;
410	410	10 (2) adopt revisions necessitated by new technologies; or
411	411	11 (3) reflect changes in safety, performance, or reliability standards.
412	412	12 Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted by the
413	413	13 commission under this subsection and in the manner provided by
414	414	14 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
415	415	15 emergency rule is adopted by the commission under IC 4-22-2-24
416	416	16 through IC 4-22-2-36.
417	417	17 SECTION 19. IC 8-1-40-22, AS ADDED BY P.L.264-2017,
418	418	18 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
419	419	19 UPON PASSAGE]: Sec. 22. A net metering customer that produces
420	420	20 distributed generation (as defined in 170 IAC 4-4.2-1(j)) shall comply
421	421	21 with applicable safety, performance, and reliability standards
422	422	22 established by the following:
423	423	23 (1) The commission.
424	424	24 (2) An electricity supplier, subject to approval by the commission.
425	425	25 (3) The National Electric Code.
426	426	26 (4) The National Electrical Safety Code.
427	427	27 (5) The Institute of Electrical and Electronics Engineers.
428	428	28 (6) Underwriters Laboratories.
429	429	29 (7) The Federal Energy Regulatory Commission.
430	430	30 (8) Local regulatory authorities.
431	431	31 SECTION 20. IC 8-1-40-23, AS ADDED BY P.L.264-2017,
432	432	32 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
433	433	33 UPON PASSAGE]: Sec. 23. (a) A net metering customer that
434	434	34 produces distributed generation (as defined in 170 IAC 4-4.2-1(j)) has
435	435	35 the following rights regarding the installation and ownership of
436	436	36 distributed generation equipment: a net metering facility (as defined
437	437	37 in 170 IAC 4-4.2-1(k)):
438	438	38 (1) The right to know that the attorney general is authorized to
439	439	39 enforce this section, including by receiving complaints
440	440	40 concerning the installation and ownership of distributed
441	441	41 generation equipment. a net metering facility (as defined in 170
442	442	42 IAC 4-4.2-1(k)).
443	443	2022 IN 314—LS 6933/DI 101 10
444	444	1 (2) The right to know the expected amount of electricity that will
445	445	2 be produced by the distributed generation equipment net
446	446	3 metering facility (as defined in 170 IAC 4-4.2-1(k)) that the
447	447	4 customer is purchasing.
448	448	5 (3) The right to know all costs associated with installing
449	449	6 distributed generation equipment, a net metering facility (as
450	450	7 defined in 170 IAC 4-4.2-1(k)), including any taxes for which
451	451	8 the customer is liable.
452	452	9 (4) The right to know the value of all federal, state, or local tax
453	453	10 credits or other incentives or rebates that the customer may
454	454	11 receive.
455	455	12 (5) The right to know the rate at which the customer will be
456	456	13 credited for electricity produced by the customer's distributed
457	457	14 generation equipment net metering facility (as defined in 170
458	458	15 IAC 4-4.2-1(k)) and delivered to a public utility (as defined in
459	459	16 IC 8-1-2-1). an electricity supplier.
460	460	17 (6) The right to know if a provider of distributed generation
461	461	18 equipment a net metering facility (as defined in 170
462	462	19 IAC 4-4.2-1(k)) insures the distributed generation equipment net
463	463	20 metering facility (as defined in 170 IAC 4-4.2-1(k)) against
464	464	21 damage or loss and, if applicable, any circumstances under which
465	465	22 the provider does not insure against or otherwise cover damage to
466	466	23 or loss of the distributed generation equipment. net metering
467	467	24 facility (as defined in 170 IAC 4-4.2-1(k)).
468	468	25 (7) The right to know the responsibilities of a provider of
469	469	26 distributed generation equipment a net metering facility (as
470	470	27 defined in 170 IAC 4-4.2-1(k)) with respect to installing or
471	471	28 removing distributed generation equipment. the net metering
472	472	29 facility (as defined in 170 IAC 4-4.2-1(k)).
473	473	30 (b) The attorney general, in consultation with the commission, shall
474	474	31 adopt rules under IC 4-22-2 that the attorney general considers
475	475	32 necessary to implement and enforce this section, including a rule
476	476	33 requiring written disclosure of the rights set forth in subsection (a) by
477	477	34 a provider of distributed generation equipment a net metering facility
478	478	35 (as defined in 170 IAC 4-4.2-1(k)) to a customer. In adopting the rules
479	479	36 required by this subsection, the attorney general may adopt emergency
480	480	37 rules in the manner provided by IC 4-22-2-37.1. Notwithstanding
481	481	38 IC 4-22-2-37.1(g), an emergency rule adopted by the attorney general
482	482	39 under this subsection and in the manner provided by IC 4-22-2-37.1
483	483	40 expires on the date on which a rule that supersedes the emergency rule
484	484	41 is adopted by the attorney general under IC 4-22-2-24 through
485	485	42 IC 4-22-2-36.
486	486	2022 IN 314—LS 6933/DI 101 11
487	487	1 SECTION 21. [EFFECTIVE UPON PASSAGE] (a) The definitions
488	488	2 in IC 8-1-40, as amended by this act, apply throughout this
489	489	3 SECTION.
490	490	4 (b) If:
491	491	5 (1) an electricity supplier has filed, before the effective date of
492	492	6 this act, a petition with the commission under IC 8-1-40-16,
493	493	7 before its repeal by this act; and
494	494	8 (2) the commission, as of the effective date of this act, has not
495	495	9 approved:
496	496	10 (A) a rate under IC 8-1-40-17, before its repeal by this act;
497	497	11 or
498	498	12 (B) an excess distributed generation tariff;
499	499	13 for the electricity supplier;
500	500	14 the commission shall close the proceeding and direct the electricity
501	501	15 supplier to file a petition with the commission for approval of an
502	502	16 amended or a new net metering tariff as required by IC 8-1-40-12,
503	503	17 as amended by this act.
504	504	18 (c) If, before the effective date of this act, the commission has
505	505	19 approved a rate under IC 8-1-40-17, before its repeal by this act,
506	506	20 and an excess distributed generation tariff for an electricity
507	507	21 supplier, the electricity supplier shall, not later than thirty (30)
508	508	22 days after the effective date of this act, file a petition with the
509	509	23 commission for approval of an amended or a new net metering
510	510	24 tariff as required by IC 8-1-40-12, as amended by this act. Upon
511	511	25 the commission's approval of the electricity supplier's new or
512	512	26 amended net metering tariff:
513	513	27 (1) the electricity supplier's:
514	514	28 (A) rate under IC 8-1-40-17, before its repeal by this act;
515	515	29 and
516	516	30 (B) excess distributed generation tariff;
517	517	31 are no longer in effect; and
518	518	32 (2) the electricity supplier's new or amended net metering
519	519	33 tariff, as approved by the commission, is in effect and
520	520	34 available to the electricity supplier's customers, subject to
521	521	35 IC 8-1-40-10, as amended by this act, as directed by the
522	522	36 commission in its order approving the new or amended net
523	523	37 metering tariff.
524	524	38 (d) This section expires January 1, 2026.
525	525	39 SECTION 22. An emergency is declared for this act.
526	526	2022 IN 314—LS 6933/DI 101