Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE ENROLLED ACT No. 1163
AN ACT to amend the Indiana Code concerning utilities.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 8-1-8.5-7, AS AMENDED BY P.L.264-2017,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 7. The certification requirements of this chapter
do not apply to a person that:
(1) constructs an electric generating facility primarily for that
person's own use and not for the primary purpose of producing
electricity, heat, or steam for sale to or for the public for
compensation;
(2) constructs an alternate energy production facility,
cogeneration facility, or a small hydro facility that complies with
the limitations set forth in IC 8-1-2.4-5;
(3) is a municipal utility, including a joint agency created under
IC 8-1-2.2-8, and installs an electric generating facility that has a
capacity of ten thousand (10,000) kilowatts or less; or
(4) is a public utility and:
(A) installs a clean energy project described in IC 8-1-8.8-2(2)
that is approved by the commission and that:
(i) uses a clean energy resource described in
IC 8-1-37-4(a)(1), IC 8-1-37-4(a)(2), or IC 8-1-37-4(a)(5);
and
(ii) has a nameplate capacity of not more than fifty thousand
(50,000) kilowatts; and
HEA 1163 2
(B) uses a contractor that:
(i) is subject to Indiana unemployment taxes; and
(ii) is selected by the public utility through bids solicited in
a competitive procurement process;
in the engineering, procurement, or construction of the project;
or
(5) is:
(A) a corporation organized under IC 8-1-13;
(B) a corporation organized under IC 23-17 that is an
electric cooperative and that has at least one (1) member
that is a corporation organized under IC 8-1-13; or
(C) a:
(i) surviving corporation that remains after a merger of
two (2) or more corporations under IC 8-1-17.5; or
(ii) successor corporation that is formed from a
consolidation of two (2) or more corporations under
IC 8-1-17.5;
that installs an electric generating facility that has a capacity
of ten thousand (10,000) kilowatts or less.
However, a person described in this section shall, nevertheless, be
required to report to the commission the proposed construction of such
a facility before beginning construction of the facility.
HEA 1163 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1163