Indiana 2024 Regular Session

Indiana House Bill HB1163 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1163.1
	2	+	February 16, 2024
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1163
	5	+	_____
	6	+	DIGEST OF HB 1163 (Updated February 15, 2024 9:45 am - DI 140)
	7	+	Citations Affected: IC 8-1.
	8	+	Synopsis: Certificates of public convenience and necessity. Provides
	9	+	that: (1) a rural electric membership corporation (REMC); (2) a
	10	+	nonprofit corporation that is an electric cooperative and that has at least
	11	+	one member that is an REMC; and (3) certain corporations resulting
	12	+	from a merger or consolidation of an REMC and a telephone
	13	+	cooperative corporation; are exempt from the requirement that a public
	14	+	utility obtain a certificate of public convenience and necessity before
	15	+	beginning the construction, purchase, or lease of certain facilities to be
	16	+	used for furnishing public utility service.
	17	+	Effective: July 1, 2024.
	18	+	Hall, Soliday, Zimmerman,
	19	+	Pierce M
	20	+	(SENATE SPONSOR — KOCH)
	21	+	January 8, 2024, read first time and referred to Committee on Utilities, Energy and
	22	+	Telecommunications.
	23	+	January 16, 2024, reported — Do Pass.
	24	+	January 18, 2024, read second time, ordered engrossed.
	25	+	January 19, 2024, engrossed.
	26	+	January 22, 2024, read third time, passed. Yeas 94, nays 0.
	27	+	SENATE ACTION
	28	+	February 5, 2024, read first time and referred to Committee on Utilities.
	29	+	February 15, 2024, reported favorably — Do Pass.
	30	+	EH 1163—LS 6339/DI 119 February 16, 2024
1	31		Second Regular Session of the 123rd General Assembly (2024)
2	32		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	33		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	34		additions will appear in this style type, and deletions will appear in this style type.
5	35		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	36		provision adopted), the text of the new provision will appear in this style type. Also, the
7	37		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	38		a new provision to the Indiana Code or the Indiana Constitution.
9	39		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	40		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1163
12		-	AN ACT to amend the Indiana Code concerning utilities.
	41	+	ENGROSSED
	42	+	HOUSE BILL No. 1163
	43	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	44	+	utilities.
13	45		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 8-1-8.5-7, AS AMENDED BY P.L.264-2017,
15		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16		-	JULY 1, 2024]: Sec. 7. The certification requirements of this chapter
17		-	do not apply to a person that:
18		-	(1) constructs an electric generating facility primarily for that
19		-	person's own use and not for the primary purpose of producing
20		-	electricity, heat, or steam for sale to or for the public for
21		-	compensation;
22		-	(2) constructs an alternate energy production facility,
23		-	cogeneration facility, or a small hydro facility that complies with
24		-	the limitations set forth in IC 8-1-2.4-5;
25		-	(3) is a municipal utility, including a joint agency created under
26		-	IC 8-1-2.2-8, and installs an electric generating facility that has a
27		-	capacity of ten thousand (10,000) kilowatts or less; or
28		-	(4) is a public utility and:
29		-	(A) installs a clean energy project described in IC 8-1-8.8-2(2)
30		-	that is approved by the commission and that:
31		-	(i) uses a clean energy resource described in
32		-	IC 8-1-37-4(a)(1), IC 8-1-37-4(a)(2), or IC 8-1-37-4(a)(5);
33		-	and
34		-	(ii) has a nameplate capacity of not more than fifty thousand
35		-	(50,000) kilowatts; and
36		-	HEA 1163 2
37		-	(B) uses a contractor that:
38		-	(i) is subject to Indiana unemployment taxes; and
39		-	(ii) is selected by the public utility through bids solicited in
40		-	a competitive procurement process;
41		-	in the engineering, procurement, or construction of the project;
42		-	or
43		-	(5) is:
44		-	(A) a corporation organized under IC 8-1-13;
45		-	(B) a corporation organized under IC 23-17 that is an
46		-	electric cooperative and that has at least one (1) member
47		-	that is a corporation organized under IC 8-1-13; or
48		-	(C) a:
49		-	(i) surviving corporation that remains after a merger of
50		-	two (2) or more corporations under IC 8-1-17.5; or
51		-	(ii) successor corporation that is formed from a
52		-	consolidation of two (2) or more corporations under
53		-	IC 8-1-17.5;
54		-	that installs an electric generating facility that has a capacity
55		-	of ten thousand (10,000) kilowatts or less.
56		-	However, a person described in this section shall, nevertheless, be
57		-	required to report to the commission the proposed construction of such
58		-	a facility before beginning construction of the facility.
59		-	HEA 1163 Speaker of the House of Representatives
60		-	President of the Senate
61		-	President Pro Tempore
62		-	Governor of the State of Indiana
63		-	Date: Time:
64		-	HEA 1163
	46	+	1 SECTION 1. IC 8-1-8.5-7, AS AMENDED BY P.L.264-2017,
	47	+	2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	48	+	3 JULY 1, 2024]: Sec. 7. The certification requirements of this chapter
	49	+	4 do not apply to a person that:
	50	+	5 (1) constructs an electric generating facility primarily for that
	51	+	6 person's own use and not for the primary purpose of producing
	52	+	7 electricity, heat, or steam for sale to or for the public for
	53	+	8 compensation;
	54	+	9 (2) constructs an alternate energy production facility,
	55	+	10 cogeneration facility, or a small hydro facility that complies with
	56	+	11 the limitations set forth in IC 8-1-2.4-5;
	57	+	12 (3) is a municipal utility, including a joint agency created under
	58	+	13 IC 8-1-2.2-8, and installs an electric generating facility that has a
	59	+	14 capacity of ten thousand (10,000) kilowatts or less; or
	60	+	15 (4) is a public utility and:
	61	+	16 (A) installs a clean energy project described in IC 8-1-8.8-2(2)
	62	+	17 that is approved by the commission and that:
	63	+	EH 1163—LS 6339/DI 119 2
	64	+	1 (i) uses a clean energy resource described in
	65	+	2 IC 8-1-37-4(a)(1), IC 8-1-37-4(a)(2), or IC 8-1-37-4(a)(5);
	66	+	3 and
	67	+	4 (ii) has a nameplate capacity of not more than fifty thousand
	68	+	5 (50,000) kilowatts; and
	69	+	6 (B) uses a contractor that:
	70	+	7 (i) is subject to Indiana unemployment taxes; and
	71	+	8 (ii) is selected by the public utility through bids solicited in
	72	+	9 a competitive procurement process;
	73	+	10 in the engineering, procurement, or construction of the project;
	74	+	11 or
	75	+	12 (5) is:
	76	+	13 (A) a corporation organized under IC 8-1-13;
	77	+	14 (B) a corporation organized under IC 23-17 that is an
	78	+	15 electric cooperative and that has at least one (1) member
	79	+	16 that is a corporation organized under IC 8-1-13; or
	80	+	17 (C) a:
	81	+	18 (i) surviving corporation that remains after a merger of
	82	+	19 two (2) or more corporations under IC 8-1-17.5; or
	83	+	20 (ii) successor corporation that is formed from a
	84	+	21 consolidation of two (2) or more corporations under
	85	+	22 IC 8-1-17.5;
	86	+	23 that installs an electric generating facility that has a capacity
	87	+	24 of ten thousand (10,000) kilowatts or less.
	88	+	25 However, a person described in this section shall, nevertheless, be
	89	+	26 required to report to the commission the proposed construction of such
	90	+	27 a facility before beginning construction of the facility.
	91	+	EH 1163—LS 6339/DI 119 3
	92	+	COMMITTEE REPORT
	93	+	Mr. Speaker: Your Committee on Utilities, Energy and
	94	+	Telecommunications, to which was referred House Bill 1163, has had
	95	+	the same under consideration and begs leave to report the same back
	96	+	to the House with the recommendation that said bill do pass.
	97	+	(Reference is to HB 1163 as introduced.)
	98	+	SOLIDAY
	99	+	Committee Vote: Yeas 12, Nays 0
	100	+	_____
	101	+	COMMITTEE REPORT
	102	+	Madam President: The Senate Committee on Utilities, to which was
	103	+	referred House Bill No. 1163, has had the same under consideration
	104	+	and begs leave to report the same back to the Senate with the
	105	+	recommendation that said bill DO PASS.
	106	+	(Reference is to HB 1163 as printed January 16, 2024.)
	107	+
	108	+	KOCH, Chairperson
	109	+	Committee Vote: Yeas 9, Nays 0
	110	+	EH 1163—LS 6339/DI 119