Indiana 2024 Regular Session

Indiana House Bill HB1278 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1278.1
	2	+	February 23, 2024
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1278
	5	+	_____
	6	+	DIGEST OF HB 1278 (Updated February 22, 2024 12:08 pm - DI 119)
	7	+	Citations Affected: IC 4-3; IC 4-4; IC 4-12; IC 4-13; IC 4-23;
	8	+	IC 5-28; IC 8-1; IC 21-47.
	9	+	Synopsis: IURC and office of energy development matters. Repeals
	10	+	the Indiana Code provisions concerning the following obsolete
	11	+	programs and funds administered by the Indiana office of energy
	12	+	development (office): (1) The alternative fuel fueling station grant
	13	+	program. (2) The alternative fuel vehicle grant program for local units.
	14	+	(3) The Indiana coal research grant fund. (4) The office of alternative
	15	+	energy incentives. (5) The alternative energy incentive fund. (6) The
	16	+	center for coal technology research. Makes conforming amendments to
	17	+	other sections of the Indiana Code that reference the repealed
	18	+	provisions. Repeals, in the Indiana Code chapter governing the Indiana
	19	+	recycling market development board (board), a provision that
	20	+	authorizes the office to establish and administer a revolving loan
	21	+	program to make low interest loans for energy efficiency or recycling
	22	+	market development projects. Relocates that provision to the Indiana
	23	+	Code chapter governing the office and removes from the provision
	24	+	(Continued next page)
	25	+	Effective: July 1, 2024.
	26	+	Soliday, Jeter, Pierce M
	27	+	(SENATE SPONSOR — KOCH)
	28	+	January 9, 2024, read first time and referred to Committee on Utilities, Energy and
	29	+	Telecommunications.
	30	+	January 18, 2024, reported — Do Pass.
	31	+	January 22, 2024, read second time, ordered engrossed. Engrossed.
	32	+	January 23, 2024, read third time, passed. Yeas 86, nays 8.
	33	+	SENATE ACTION
	34	+	February 5, 2024, read first time and referred to Committee on Utilities.
	35	+	February 22, 2024, amended, reported favorably — Do Pass.
	36	+	EH 1278—LS 6966/DI 101 Digest Continued
	37	+	language authorizing the office to consult with the board in establishing
	38	+	and administering the program. Provides that, notwithstanding the
	39	+	statutory requirements for a local unit to be certified as a commercial
	40	+	solar energy ready community or a wind energy ready community, the
	41	+	commercial solar and wind energy ready communities development
	42	+	center may make a reasonable determination to certify a unit as a
	43	+	commercial solar energy ready community or a wind energy ready
	44	+	community if the unit: (1) has adopted a commercial solar or wind
	45	+	power regulation and the unit's regulation does not: (A) materially
	46	+	differ from applicable industry or regulatory standards; or (B)
	47	+	otherwise materially affect the ability of a project owner to develop a
	48	+	commercial solar project or wind power project in the unit; or (2) has
	49	+	other clear standards for the construction, installation, siting,
	50	+	modification, operation, or decommissioning of commercial solar or
	51	+	wind power systems and the unit's clear standards meet specified
	52	+	requirements. Amends the Indiana Code section concerning a rate case
	53	+	in which a utility seeks an increase in revenues exceeding $2,500,000,
	54	+	and with respect to which a public hearing is required, to provide that
	55	+	the Indiana utility regulatory commission (IURC) shall conduct at least
	56	+	one public hearing in one of the following, as determined by the IURC:
	57	+	(1) The largest municipality located within the utility's service area. (2)
	58	+	The municipality containing the largest number of customers served by
	59	+	the utility. (3) The county containing the largest number of customers
	60	+	served by the utility. (Current law requires the IURC to conduct the
	61	+	public hearing in the largest municipality located within the utility's
	62	+	service area.) Makes a corresponding change to the statute concerning
	63	+	rural electric membership corporations. Repeals a provision in the
	64	+	statute concerning incentives for clean energy projects that requires
	65	+	eligible businesses under the statute to file with the lieutenant governor
	66	+	a monthly report concerning purchases of: (1) Illinois Basin coal for
	67	+	energy production or generation; and (2) fuel or energy produced by a
	68	+	coal gasification facility or by a nuclear energy production or
	69	+	generating facility.
	70	+	EH 1278—LS 6966/DI 101EH 1278—LS 6966/DI 101 February 23, 2024
1	71		Second Regular Session of the 123rd General Assembly (2024)
2	72		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	73		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	74		additions will appear in this style type, and deletions will appear in this style type.
5	75		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	76		provision adopted), the text of the new provision will appear in this style type. Also, the
7	77		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	78		a new provision to the Indiana Code or the Indiana Constitution.
9	79		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	80		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1278
12		-	AN ACT to amend the Indiana Code concerning utilities.
	81	+	ENGROSSED
	82	+	HOUSE BILL No. 1278
	83	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	84	+	utilities.
13	85		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 4-3-23-5, AS AMENDED BY P.L.109-2015,
15		-	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16		-	JULY 1, 2024]: Sec. 5. The office shall administer the following:
17		-	(1) The alternative fuel fueling station grant program under
18		-	IC 4-4-32.2.
19		-	(2) The alternative fuel vehicle grant program for local units
20		-	under IC 4-4-32.3.
21		-	(3) (1) The energy development fund under IC 4-23-5.5-10.
22		-	(4) (2) A low interest revolving loan program for certain energy
23		-	efficiency or recycling projects in consultation with the Indiana
24		-	recycling market development board. under section 9 of this
25		-	chapter.
26		-	(5) The coal research grant fund under IC 4-23-5.5-16.
27		-	(6) (3) The green industries fund under IC 5-28-34, in
28		-	consultation with the Indiana economic development corporation.
29		-	(7) The office of alternative energy incentives established by
30		-	IC 8-1-13.1-9 and the alternative energy incentive fund
31		-	established by IC 8-1-13.1-10.
32		-	(8) The center for coal technology research established by
33		-	IC 21-47-4-1 and the coal technology research fund established
34		-	HEA 1278 — Concur 2
35		-	by IC 21-47-4-5.
36		-	SECTION 2. IC 4-3-23-9 IS ADDED TO THE INDIANA CODE
37		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
38		-	1, 2024]: Sec. 9. The office may establish and administer a
39		-	revolving loan program for the purpose of making low interest
40		-	loans to projects designed to promote the development and efficient
41		-	use of energy resources or to promote recycling market
42		-	development. The interest rates for the loans shall be fixed by the
43		-	office.
44		-	SECTION 3. IC 4-3-23.1-12, AS ADDED BY P.L.50-2023,
45		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
46		-	JULY 1, 2024]: Sec. 12. (a) The commercial solar and wind energy
47		-	ready communities development center may be established within the
48		-	office. If established, the center shall have has the following duties:
49		-	(1) Providing comprehensive information concerning permits
50		-	required for projects and related business activities in Indiana,
51		-	and making the information available and easily accessible to:
52		-	(A) project owners;
53		-	(B) state and local government offices, departments, and
54		-	administrative entities; and
55		-	(C) the public.
56		-	(2) Working with permit authorities to encourage the timely and
57		-	efficient issuance of permits and the resolution of related issues.
58		-	(b) The center, if established, may create and administer:
59		-	(1) a program for the certification of units as commercial solar
60		-	energy ready communities under section 13 of this chapter; and
61		-	(2) a program for the certification of units as wind energy ready
62		-	communities under section 14 of this chapter.
63		-	(c) Notwithstanding:
64		-	(1) section 13(a) or 13(b) of this chapter, the center, if
65		-	established, may make a reasonable determination to certify
66		-	a unit as a commercial solar energy ready community if the
67		-	unit's commercial solar regulation under section 13(a) of this
68		-	chapter or clear standards under section 13(b) of this chapter,
69		-	as applicable, differ in one (1) or more respects from the
70		-	standards set forth in section 13(a) or 13(b) of this chapter, as
71		-	applicable; or
72		-	(2) section 14(a) or 14(b) of this chapter, the center, if
73		-	established, may make a reasonable determination to certify
74		-	a unit as a wind energy ready community if the unit's wind
75		-	power regulation under section 14(a) of this chapter or clear
76		-	standards under section 14(b) of this chapter, as applicable,
77		-	HEA 1278 — Concur 3
78		-	differ in one (1) or more respects from the standards set forth
79		-	in section 14(a) or 14(b) of this chapter, as applicable;
80		-	if the unit's commercial solar regulation, wind power regulation,
81		-	or clear standards, as applicable, do not materially differ from
82		-	applicable industry or regulatory standards, or otherwise
83		-	materially affect the ability of a project owner to develop a project
84		-	in the unit.
85		-	SECTION 4. IC 4-3-23.1-13, AS AMENDED BY THE
86		-	TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
87		-	ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
88		-	JULY 1, 2024]: Sec. 13. (a) A unit may apply to the office for
89		-	certification as a commercial solar energy ready community. The
90		-	application must be in a form and manner prescribed by the office.
91		-	Subject to section 12(c) of this chapter, the office may approve an
92		-	application and certify a unit as a commercial solar energy ready
93		-	community if the office determines the following:
94		-	(1) That the unit has adopted a commercial solar regulation that
95		-	includes clear standards for the construction, installation, siting,
96		-	modification, operation, or decommissioning of one (1) or more
97		-	commercial solar energy systems (as defined in IC 8-1-42-2) in
98		-	the unit.
99		-	(2) That the unit's commercial solar regulation:
100		-	(A) includes standards that are not more restrictive, directly or
101		-	indirectly, than the default standards for commercial solar
102		-	energy systems set forth in IC 8-1-42;
103		-	(B) provides a clear and transparent process for project owners
104		-	to identify potential commercial solar project sites;
105		-	(C) does not unreasonably eliminate portions of the unit as
106		-	sites for commercial solar projects;
107		-	(D) provides for a fair review and approval process for
108		-	proposed commercial solar projects, including final approval
109		-	that cannot be revoked; and
110		-	(E) includes a specific plan for using any funds from an
111		-	incentive granted by the office under subsection (b): (d):
112		-	(i) for economic development purposes within or near the
113		-	commercial solar project's footprint; or
114		-	(ii) to otherwise benefit residents and businesses within or
115		-	near the commercial solar project's footprint.
116		-	(3) That the unit has demonstrated a commitment to maintain:
117		-	(A) the standards and procedural framework set forth in the
118		-	unit's commercial solar regulation; and
119		-	(B) all applicable zoning, land use, and planning regulations;
120		-	HEA 1278 — Concur 4
121		-	with respect to any particular commercial solar project that is
122		-	approved under the unit's commercial solar regulation, for a
123		-	period of at least ten (10) years, beginning with the start date of
124		-	the commercial solar project's full commercial operation.
125		-	operation or the date of the office's certification of the unit
126		-	under this section, whichever is later.
127		-	(b) If a unit has not adopted a commercial solar regulation, the
	86	+	1 SECTION 1. IC 4-3-23-5, AS AMENDED BY P.L.109-2015,
	87	+	2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	88	+	3 JULY 1, 2024]: Sec. 5. The office shall administer the following:
	89	+	4 (1) The alternative fuel fueling station grant program under
	90	+	5 IC 4-4-32.2.
	91	+	6 (2) The alternative fuel vehicle grant program for local units
	92	+	7 under IC 4-4-32.3.
	93	+	8 (3) (1) The energy development fund under IC 4-23-5.5-10.
	94	+	9 (4) (2) A low interest revolving loan program for certain energy
	95	+	10 efficiency or recycling projects in consultation with the Indiana
	96	+	11 recycling market development board. under section 9 of this
	97	+	12 chapter.
	98	+	13 (5) The coal research grant fund under IC 4-23-5.5-16.
	99	+	14 (6) (3) The green industries fund under IC 5-28-34, in
	100	+	15 consultation with the Indiana economic development corporation.
	101	+	EH 1278—LS 6966/DI 101 2
	102	+	1 (7) The office of alternative energy incentives established by
	103	+	2 IC 8-1-13.1-9 and the alternative energy incentive fund
	104	+	3 established by IC 8-1-13.1-10.
	105	+	4 (8) The center for coal technology research established by
	106	+	5 IC 21-47-4-1 and the coal technology research fund established
	107	+	6 by IC 21-47-4-5.
	108	+	7 SECTION 2. IC 4-3-23-9 IS ADDED TO THE INDIANA CODE
	109	+	8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	110	+	9 1, 2024]: Sec. 9. The office may establish and administer a
	111	+	10 revolving loan program for the purpose of making low interest
	112	+	11 loans to projects designed to promote the development and efficient
	113	+	12 use of energy resources or to promote recycling market
	114	+	13 development. The interest rates for the loans shall be fixed by the
	115	+	14 office.
	116	+	15 SECTION 3. IC 4-3-23.1-12, AS ADDED BY P.L.50-2023,
	117	+	16 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	118	+	17 JULY 1, 2024]: Sec. 12. (a) The commercial solar and wind energy
	119	+	18 ready communities development center may be established within the
	120	+	19 office. If established, the center shall have has the following duties:
	121	+	20 (1) Providing comprehensive information concerning permits
	122	+	21 required for projects and related business activities in Indiana,
	123	+	22 and making the information available and easily accessible to:
	124	+	23 (A) project owners;
	125	+	24 (B) state and local government offices, departments, and
	126	+	25 administrative entities; and
	127	+	26 (C) the public.
	128	+	27 (2) Working with permit authorities to encourage the timely and
	129	+	28 efficient issuance of permits and the resolution of related issues.
	130	+	29 (b) The center, if established, may create and administer:
	131	+	30 (1) a program for the certification of units as commercial solar
	132	+	31 energy ready communities under section 13 of this chapter; and
	133	+	32 (2) a program for the certification of units as wind energy ready
	134	+	33 communities under section 14 of this chapter.
	135	+	34 (c) Notwithstanding:
	136	+	35 (1) section 13(a) or 13(b) of this chapter, the center, if
	137	+	36 established, may make a reasonable determination to certify
	138	+	37 a unit as a commercial solar energy ready community if the
	139	+	38 unit's commercial solar regulation under section 13(a) of this
	140	+	39 chapter or clear standards under section 13(b) of this chapter,
	141	+	40 as applicable, differ in one (1) or more respects from the
	142	+	41 standards set forth in section 13(a) or 13(b) of this chapter, as
	143	+	42 applicable; or
	144	+	EH 1278—LS 6966/DI 101 3
	145	+	1 (2) section 14(a) or 14(b) of this chapter, the center, if
	146	+	2 established, may make a reasonable determination to certify
	147	+	3 a unit as a wind energy ready community if the unit's wind
	148	+	4 power regulation under section 14(a) of this chapter or clear
	149	+	5 standards under section 14(b) of this chapter, as applicable,
	150	+	6 differ in one (1) or more respects from the standards set forth
	151	+	7 in section 14(a) or 14(b) of this chapter, as applicable;
	152	+	8 if the unit's commercial solar regulation, wind power regulation,
	153	+	9 or clear standards, as applicable, do not materially differ from
	154	+	10 applicable industry or regulatory standards, or otherwise
	155	+	11 materially affect the ability of a project owner to develop a project
	156	+	12 in the unit.
	157	+	13 SECTION 4. IC 4-3-23.1-13, AS AMENDED BY THE
	158	+	14 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
	159	+	15 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	160	+	16 JULY 1, 2024]: Sec. 13. (a) A unit may apply to the office for
	161	+	17 certification as a commercial solar energy ready community. The
	162	+	18 application must be in a form and manner prescribed by the office.
	163	+	19 Subject to section 12(c) of this chapter, the office may approve an
	164	+	20 application and certify a unit as a commercial solar energy ready
	165	+	21 community if the office determines the following:
	166	+	22 (1) That the unit has adopted a commercial solar regulation that
	167	+	23 includes clear standards for the construction, installation, siting,
	168	+	24 modification, operation, or decommissioning of one (1) or more
	169	+	25 commercial solar energy systems (as defined in IC 8-1-42-2) in
	170	+	26 the unit.
	171	+	27 (2) That the unit's commercial solar regulation:
	172	+	28 (A) includes standards that are not more restrictive, directly or
	173	+	29 indirectly, than the default standards for commercial solar
	174	+	30 energy systems set forth in IC 8-1-42;
	175	+	31 (B) provides a clear and transparent process for project owners
	176	+	32 to identify potential commercial solar project sites;
	177	+	33 (C) does not unreasonably eliminate portions of the unit as
	178	+	34 sites for commercial solar projects;
	179	+	35 (D) provides for a fair review and approval process for
	180	+	36 proposed commercial solar projects, including final approval
	181	+	37 that cannot be revoked; and
	182	+	38 (E) includes a specific plan for using any funds from an
	183	+	39 incentive granted by the office under subsection (b): (d):
	184	+	40 (i) for economic development purposes within or near the
	185	+	41 commercial solar project's footprint; or
	186	+	42 (ii) to otherwise benefit residents and businesses within or
	187	+	EH 1278—LS 6966/DI 101 4
	188	+	1 near the commercial solar project's footprint.
	189	+	2 (3) That the unit has demonstrated a commitment to maintain:
	190	+	3 (A) the standards and procedural framework set forth in the
	191	+	4 unit's commercial solar regulation; and
	192	+	5 (B) all applicable zoning, land use, and planning regulations;
	193	+	6 with respect to any particular commercial solar project that is
	194	+	7 approved under the unit's commercial solar regulation, for a
	195	+	8 period of at least ten (10) years, beginning with the start date of
	196	+	9 the commercial solar project's full commercial operation.
	197	+	10 operation or the date of the office's certification of the unit
	198	+	11 under this section, whichever is later.
	199	+	12 (b) If a unit has not adopted a commercial solar regulation, the
	200	+	13 unit may apply to the office for certification as a commercial solar
	201	+	14 energy ready community. The application must be in a form and
	202	+	15 manner prescribed by the office. Subject to section 12(c) of this
	203	+	16 chapter, the office may approve an application and certify a unit
	204	+	17 as a commercial solar energy ready community if the office
	205	+	18 determines the following:
	206	+	19 (1) That the unit has clear standards for the construction,
	207	+	20 installation, siting, modification, operation, or
	208	+	21 decommissioning of one (1) or more commercial solar energy
	209	+	22 systems (as defined in IC 8-1-42-2) in the unit.
	210	+	23 (2) That the unit's clear standards:
	211	+	24 (A) are not more restrictive, directly or indirectly, than the
	212	+	25 default standards for commercial solar energy systems set
	213	+	26 forth in IC 8-1-42;
	214	+	27 (B) provide a clear and transparent process for project
	215	+	28 owners to identify potential commercial solar project sites;
	216	+	29 (C) do not unreasonably eliminate portions of the unit as
	217	+	30 sites for commercial solar projects;
	218	+	31 (D) provide for a fair review and approval process for
	219	+	32 proposed commercial solar projects, including final
	220	+	33 approval that cannot be revoked; and
	221	+	34 (E) include a specific plan for using any funds from an
	222	+	35 incentive granted by the office under subsection (d):
	223	+	36 (i) for economic development purposes within or near
	224	+	37 the commercial solar project's footprint; or
	225	+	38 (ii) to otherwise benefit residents and businesses within
	226	+	39 or near the commercial solar project's footprint.
	227	+	40 (3) That the unit has demonstrated a commitment to maintain
	228	+	41 its clear standards for a period of at least ten (10) years,
	229	+	42 beginning with the start date of the commercial solar project's
	230	+	EH 1278—LS 6966/DI 101 5
	231	+	1 full commercial operation or the office's certification of the
	232	+	2 unit under this section, whichever is later.
	233	+	3 (c) For purposes of subsection (b), the office may consider one
	234	+	4 (1) or more of the following as evidence of a unit's clear standards
	235	+	5 with respect to the construction, installation, siting, modification,
	236	+	6 operation, or decommissioning of one (1) or more commercial solar
	237	+	7 energy systems (as defined in IC 8-1-42-2) in the unit:
	238	+	8 (1) A contract or an otherwise binding agreement between the
	239	+	9 unit and a project owner.
	240	+	10 (2) An economic development agreement.
	241	+	11 (3) Any other documentation that the office determines
	242	+	12 provides sufficient evidence of the unit's clear standards.
	243	+	13 (b) (d) If:
	244	+	14 (1) a unit receives certification as a commercial solar energy
	245	+	15 ready community by the office under this section;
	246	+	16 (2) after the unit's certification, a project owner constructs a
	247	+	17 commercial solar project is constructed or has been constructed
	248	+	18 in the unit; and
	249	+	19 (3) the fund is established and there is a sufficient balance in the
	250	+	20 fund;
	251	+	21 the office may authorize the unit to receive from the fund, for a period
	252	+	22 of ten (10) years beginning with the start date of the commercial solar
	253	+	23 project's full commercial operation, operation or the date of the
	254	+	24 office's certification of the unit under this section, whichever is
	255	+	25 later, one dollar ($1) per megawatt hour of electricity generated by the
	256	+	26 commercial solar project, if the office determines that the procedures
	257	+	27 and standards set forth in the unit's commercial solar regulation under
	258	+	28 subsection (a) or the unit's clear standards under subsection (b), as
	259	+	29 applicable, were adhered to in the development of the project.
	260	+	30 However, if the office determines at any time after the start of the
	261	+	31 commercial solar project's full commercial operation that the unit has
	262	+	32 failed to continue to meet the requirement for certification set forth in
	263	+	33 subsection (a)(3), (a)(3) or (b)(3), as applicable, the office shall
	264	+	34 discontinue the incentive granted under this subsection and shall
	265	+	35 require the unit to return to the fund any amounts collected by the unit
	266	+	36 under this subsection after the unit's breach of the requirement for
	267	+	37 certification set forth in subsection (a)(3). (a)(3) or (b)(3), as
	268	+	38 applicable.
	269	+	39 (c) (e) After:
	270	+	40 (1) a unit receives certification as a commercial solar energy
	271	+	41 ready community under this section; and
	272	+	42 (2) a project owner constructs a commercial solar energy facility
	273	+	EH 1278—LS 6966/DI 101 6
	274	+	1 project that qualifies the unit to receive the incentive payments
	275	+	2 under subsection (b); (d);
	276	+	3 the project owner shall annually report to the office the total megawatt
	277	+	4 hours generated by the commercial solar energy facility project in the
	278	+	5 previous year.
	279	+	6 SECTION 5. IC 4-3-23.1-14, AS AMENDED BY THE
	280	+	7 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
	281	+	8 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	282	+	9 JULY 1, 2024]: Sec. 14. (a) A unit may apply to the office for
	283	+	10 certification as a wind energy ready community. The application must
	284	+	11 be in a form and manner prescribed by the office. Subject to section
	285	+	12 12(c) of this chapter, the office may approve an application and certify
	286	+	13 a unit as a wind energy ready community if the office determines the
	287	+	14 following:
	288	+	15 (1) That the unit has adopted a wind power regulation that
	289	+	16 includes clear standards for the construction, installation, siting,
	290	+	17 modification, operation, or decommissioning of one (1) or more
	291	+	18 wind power devices (as defined in IC 8-1-41-7) in the unit.
	292	+	19 (2) That the unit's wind power regulation:
	293	+	20 (A) includes standards that are not more restrictive, directly or
	294	+	21 indirectly, than the default standards for wind power devices
	295	+	22 set forth in IC 8-1-41;
	296	+	23 (B) provides a clear and transparent process for project owners
	297	+	24 to identify potential wind power project sites;
	298	+	25 (C) does not unreasonably eliminate portions of the unit as
	299	+	26 sites for wind power projects;
	300	+	27 (D) provides for a fair review and approval process for
	301	+	28 proposed wind power projects, including final approval that
	302	+	29 cannot be revoked; and
	303	+	30 (E) includes a specific plan for using any funds from an
	304	+	31 incentive granted by the office under subsection (b): (d):
	305	+	32 (i) for economic development purposes within or near the
	306	+	33 wind power project's footprint; or
	307	+	34 (ii) to otherwise benefit residents and businesses within or
	308	+	35 near the wind power project's footprint.
	309	+	36 (3) That the unit has demonstrated a commitment to maintain:
	310	+	37 (A) the standards and procedural framework set forth in the
	311	+	38 unit's wind power regulation; and
	312	+	39 (B) all applicable zoning, land use, and planning regulations;
	313	+	40 with respect to any particular wind power project that is approved
	314	+	41 under the unit's commercial solar wind power regulation, for a
	315	+	42 period of at least ten (10) years, beginning with the start date of
	316	+	EH 1278—LS 6966/DI 101 7
	317	+	1 the wind power project's full commercial operation. operation or
	318	+	2 the date of the office's certification of the unit under this
	319	+	3 section, whichever is later.
	320	+	4 (b) If a unit has not adopted a wind power regulation, the unit
	321	+	5 may apply to the office for certification as a wind energy ready
	322	+	6 community. The application must be in a form and manner
	323	+	7 prescribed by the office. Subject to section 12(c) of this chapter, the
	324	+	8 office may approve an application and certify a unit as a wind
	325	+	9 energy ready community if the office determines the following:
	326	+	10 (1) That the unit has clear standards for the construction,
	327	+	11 installation, siting, modification, operation, or
	328	+	12 decommissioning of one (1) or more wind power devices (as
	329	+	13 defined in IC 8-1-41-7) in the unit.
	330	+	14 (2) That the unit's clear standards:
	331	+	15 (A) are not more restrictive, directly or indirectly, than the
	332	+	16 default standards for wind power devices set forth in
	333	+	17 IC 8-1-41;
	334	+	18 (B) provide a clear and transparent process for project
	335	+	19 owners to identify potential wind power project sites;
	336	+	20 (C) do not unreasonably eliminate portions of the unit as
	337	+	21 sites for wind power projects;
	338	+	22 (D) provide for a fair review and approval process for
	339	+	23 proposed wind power projects, including final approval
	340	+	24 that cannot be revoked; and
	341	+	25 (E) include a specific plan for using any funds from an
	342	+	26 incentive granted by the office under subsection (d):
	343	+	27 (i) for economic development purposes within or near
	344	+	28 the wind power project's footprint; or
	345	+	29 (ii) to otherwise benefit residents and businesses within
	346	+	30 or near the wind power project's footprint.
	347	+	31 (3) That the unit has demonstrated a commitment to maintain
	348	+	32 its clear standards for a period of at least ten (10) years,
	349	+	33 beginning with the start date of the wind power project's full
	350	+	34 commercial operation or date of the office's certification of
	351	+	35 the unit under this section, whichever is later.
	352	+	36 (c) For purposes of subsection (b), the office may consider one
	353	+	37 (1) or more of the following as evidence of a unit's clear standards
	354	+	38 with respect to the construction, installation, siting, modification,
	355	+	39 operation, or decommissioning of one (1) or more wind power
	356	+	40 devices (as defined in IC 8-1-41-7) in the unit:
	357	+	41 (1) A contract or an otherwise binding agreement between the
	358	+	42 unit and a project owner.
	359	+	EH 1278—LS 6966/DI 101 8
	360	+	1 (2) An economic development agreement.
	361	+	2 (3) Any other documentation that the office determines
	362	+	3 provides sufficient evidence of the unit's clear standards.
	363	+	4 (b) (d) If:
	364	+	5 (1) a unit receives certification as a wind energy ready community
	365	+	6 by the office under this section;
	366	+	7 (2) after the unit's certification, a project owner constructs a wind
	367	+	8 power project is constructed or has been constructed in the
	368	+	9 unit; and
	369	+	10 (3) the fund is established and there is a sufficient balance in the
	370	+	11 fund;
	371	+	12 the office may authorize the unit to receive from the fund, for a period
	372	+	13 of ten (10) years beginning with the start date of the wind power
	373	+	14 project's full commercial operation, operation or the date of the
	374	+	15 office's certification of the unit under this section, whichever is
	375	+	16 later, one dollar ($1) per megawatt hour of electricity generated by the
	376	+	17 wind power project, if the office determines that the procedures and
	377	+	18 standards set forth in the unit's wind power regulation under
	378	+	19 subsection (a) or the unit's clear standards under subsection (b), as
	379	+	20 applicable, were adhered to in the development of the project.
	380	+	21 However, if the office determines at any time after the start of the wind
	381	+	22 power project's full commercial operation that the unit has failed to
	382	+	23 continue to meet the requirement for certification set forth in
	383	+	24 subsection (a)(3), (a)(3) or (b)(3), as applicable, the office shall
	384	+	25 discontinue the incentive granted under this subsection and shall
	385	+	26 require the unit to return to the fund any amounts collected by the unit
	386	+	27 under this subsection after the unit's breach of the requirement for
	387	+	28 certification set forth in subsection (a)(3). (a)(3) or (b)(3), as
	388	+	29 applicable.
	389	+	30 (c) (e) After:
	390	+	31 (1) a unit receives certification as a wind energy ready community
	391	+	32 under this section; and
	392	+	33 (2) a project owner constructs a wind energy facility power
	393	+	34 project that qualifies the unit to receive the incentive under
	394	+	35 subsection (b); (d);
	395	+	36 the project owner shall annually report to the office the total megawatt
	396	+	37 hours generated by the wind energy facility power project in the
	397	+	38 previous year.
	398	+	39 SECTION 6. IC 4-3-23.1-16, AS ADDED BY P.L.50-2023,
	399	+	40 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	400	+	41 JULY 1, 2024]: Sec. 16. (a) The commercial solar and wind energy
	401	+	42 ready communities incentive fund may be established by the office for
	402	+	EH 1278—LS 6966/DI 101 9
	403	+	1 the purpose of:
	404	+	2 (1) providing payments to commercial solar energy ready
	405	+	3 communities under section 13(b) 13(d) of this chapter; and
	406	+	4 (2) providing payments to wind energy ready communities under
	407	+	5 section 14(b) 14(d) of this chapter.
	408	+	6 (b) The fund, if established, shall be administered by the office.
	409	+	7 (c) The fund, if established, shall consist of:
	410	+	8 (1) grants, gifts, and donations intended for deposit in the fund;
	411	+	9 (2) federal funds;
	412	+	10 (3) interest that accrues from money in the fund; and
	413	+	11 (4) any amounts returned to the fund by units under section 13(b)
	414	+	12 13(d) or 14(b) 14(d) of this chapter.
	415	+	13 (d) The treasurer of state shall invest the money in the fund not
	416	+	14 currently needed to meet the obligations of the fund in the same
	417	+	15 manner as other public money may be invested.
	418	+	16 SECTION 7. IC 4-4-32.2 IS REPEALED [EFFECTIVE JULY 1,
	419	+	17 2024]. (Alternative Fuel Fueling Station Grant Program).
	420	+	18 SECTION 8. IC 4-4-32.3 IS REPEALED [EFFECTIVE JULY 1,
	421	+	19 2024]. (Alternative Fuel Vehicle Grant Program for Local Units).
	422	+	20 SECTION 9. IC 4-12-12-6, AS AMENDED BY P.L.152-2018,
	423	+	21 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	424	+	22 JULY 1, 2024]: Sec. 6. Money in the account that is not otherwise
	425	+	23 designated under section 3 of this chapter is annually dedicated to the
	426	+	24 following:
	427	+	25 (1) The Indiana economic development partnership fund under
	428	+	26 IC 4-12-10.
	429	+	27 (2) The scientific instrument project within the department of
	430	+	28 education.
	431	+	29 (3) The coal technology research fund under IC 21-47-4-5 (before
	432	+	30 its repeal on July 1, 2024).
	433	+	31 SECTION 10. IC 4-13-16.5-2, AS AMENDED BY P.L.15-2020,
	434	+	32 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	435	+	33 JULY 1, 2024]: Sec. 2. (a) There is established a governor's
	436	+	34 commission on supplier diversity. The commission shall consist of the
	437	+	35 following members:
	438	+	36 (1) A governor's designee, who shall serve as chairman of the
	439	+	37 commission.
	440	+	38 (2) The commissioner of the Indiana department of transportation,
	441	+	39 or the economic opportunity director of the Indiana department of
	442	+	40 transportation if the commissioner of the Indiana department of
	443	+	41 transportation so designates.
	444	+	42 (3) The chairperson of the board of the Indiana economic
	445	+	EH 1278—LS 6966/DI 101 10
	446	+	1 development corporation or the chairperson's designee.
	447	+	2 (4) The commissioner.
	448	+	3 (5) Nine (9) individuals with demonstrated capabilities in
	449	+	4 business and industry, especially minority business enterprises,
	450	+	5 women's business enterprises, and veteran owned small
	451	+	6 businesses, appointed by the governor from the following
	452	+	7 geographical areas of the state:
	453	+	8 (A) Three (3) from the northern one-third (1/3) of the state.
	454	+	9 (B) Three (3) from the central one-third (1/3) of the state.
	455	+	10 (C) Three (3) from the southern one-third (1/3) of the state.
	456	+	11 (6) Two (2) members of the house of representatives, no more
	457	+	12 than one (1) from the same political party, appointed by the
	458	+	13 speaker of the house of representatives to serve in a nonvoting
	459	+	14 advisory capacity.
	460	+	15 (7) Two (2) members of the senate, no more than one (1) from the
	461	+	16 same political party, appointed by the president pro tempore of
	462	+	17 the senate to serve in a nonvoting advisory capacity.
	463	+	18 (8) The deputy commissioner, who shall serve as a nonvoting
	464	+	19 member.
	465	+	20 Not more than six (6) of the ten (10) members appointed or designated
	466	+	21 by the governor may be of the same political party. Appointed members
	467	+	22 of the commission shall serve four (4) year terms. A vacancy occurs if
	468	+	23 a legislative member leaves office for any reason. Any vacancy on the
	469	+	24 commission shall be filled in the same manner as the original
	470	+	25 appointment.
	471	+	26 (b) Each member of the commission who is not a state employee is
	472	+	27 entitled to the following:
	473	+	28 (1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
	474	+	29 (2) Reimbursement for traveling expenses and other expenses
	475	+	30 actually incurred in connection with the member's duties as
	476	+	31 provided under IC 4-13-1-4 and in the state travel policies and
	477	+	32 procedures established by the Indiana department of
	478	+	33 administration and approved by the budget agency.
	479	+	34 (c) Each legislative member of the commission is entitled to receive
	480	+	35 the same per diem, mileage, and travel allowances established by the
	481	+	36 legislative council and paid to members of the general assembly
	482	+	37 serving on interim study committees. The allowances specified in this
	483	+	38 subsection shall be paid by the legislative services agency from the
	484	+	39 amounts appropriated for that purpose.
	485	+	40 (d) A member of the commission who is a state employee but who
	486	+	41 is not a member of the general assembly is not entitled to any of the
	487	+	42 following:
	488	+	EH 1278—LS 6966/DI 101 11
	489	+	1 (1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
	490	+	2 (2) Reimbursement for traveling expenses as provided under
	491	+	3 IC 4-13-1-4.
	492	+	4 (3) Other expenses actually incurred in connection with the
	493	+	5 member's duties.
	494	+	6 (e) The commission shall meet at least four (4) times each year and
	495	+	7 at other times as the chairman considers necessary.
	496	+	8 (f) The duties of the commission shall include but not be limited to
	497	+	9 the following:
	498	+	10 (1) Identify minority business enterprises, women's business
	499	+	11 enterprises, and veteran owned small businesses in the state.
	500	+	12 (2) Assess the needs of minority business enterprises, women's
	501	+	13 business enterprises, and veteran owned small businesses.
	502	+	14 (3) Initiate aggressive programs to assist minority business
	503	+	15 enterprises, women's business enterprises, and veteran owned
	504	+	16 small businesses in obtaining state contracts.
	505	+	17 (4) Give special publicity to procurement, bidding, and qualifying
	506	+	18 procedures.
	507	+	19 (5) Include minority business enterprises, women's business
	508	+	20 enterprises, and veteran owned small businesses on solicitation
	509	+	21 mailing lists.
	510	+	22 (6) Evaluate the competitive differences between qualified
	511	+	23 minority or women's nonprofit corporations and other than
	512	+	24 qualified minority or women's nonprofit corporations and veteran
	513	+	25 owned small businesses that offer similar services and make
	514	+	26 recommendation to the department on policy changes necessary
	515	+	27 to ensure fair competition among minority business enterprises,
	516	+	28 women's business enterprises, and veteran owned small
	517	+	29 businesses.
	518	+	30 (7) Define the duties, goals, and objectives of the deputy
	519	+	31 commissioner of the department as created under this chapter to
	520	+	32 assure compliance by all state agencies, separate bodies corporate
	521	+	33 and politic, and state educational institutions with state and
	522	+	34 federal legislation and policy concerning the awarding of
	523	+	35 contracts (including, notwithstanding section 1(d) of this chapter
	524	+	36 or any other law, contracts of state educational institutions) to
	525	+	37 minority business enterprises, women's business enterprises, and
	526	+	38 veteran owned small businesses.
	527	+	39 (8) Establish annual goals:
	528	+	40 (A) for the use of minority and women's business enterprises;
	529	+	41 and
	530	+	42 (B) derived from a statistical analysis of utilization study of
	531	+	EH 1278—LS 6966/DI 101 12
	532	+	1 state contracts (including, notwithstanding section 1(d) of this
	533	+	2 chapter or any other law, contracts of state educational
	534	+	3 institutions) that are required to be updated every five (5)
	535	+	4 years.
	536	+	5 (9) Prepare a review of the commission and the various affected
	537	+	6 departments of government to be submitted to the governor and
	538	+	7 the legislative council on March 1 and October 1 of each year,
	539	+	8 evaluating progress made in the areas defined in this subsection.
	540	+	9 (10) Ensure that the statistical analysis required under this
	541	+	10 section:
	542	+	11 (A) is based on goals for participation of minority business
	543	+	12 enterprises established in Richmond v. Croson, 488 U.S. 469
	544	+	13 (1989);
	545	+	14 (B) includes information on both contracts and subcontracts
	546	+	15 (including, notwithstanding section 1(d) of this chapter or any
	547	+	16 other law, contracts and subcontracts of state educational
	548	+	17 institutions); and
	549	+	18 (C) uses data on the combined capacity of minority business
	550	+	19 enterprises, women's business enterprises, and veteran owned
	551	+	20 small businesses in Indiana and not just regional data.
	552	+	21 (11) Establish annual goals for the use of minority business
	553	+	22 enterprises, women's business enterprises, and veteran owned
	554	+	23 small businesses for any contract that:
	555	+	24 (A) will be paid for in whole or in part with state grant funds;
	556	+	25 and
	557	+	26 (B) involves the use of real property of a unit. (as defined in
	558	+	27 IC 4-4-32.2-9).
	559	+	28 (12) Ensure compliance with the establishment and evaluation of
	560	+	29 the annual goal for veteran owned small businesses established in
	561	+	30 section 3.5 of this chapter.
	562	+	31 (g) The department shall direct contractors to demonstrate a good
	563	+	32 faith effort to meet the annual participation goals established under
	564	+	33 subsection (f)(11). The good faith effort shall be demonstrated by
	565	+	34 contractors using the repository of certified firms created under section
	566	+	35 3 of this chapter or a similar repository maintained by a unit. (as
	567	+	36 defined in IC 4-4-32.2-9).
	568	+	37 (h) The department shall adopt rules of ethics under IC 4-22-2 for
	569	+	38 commission members other than commission members appointed
	570	+	39 under subsection (a)(6) or (a)(7).
	571	+	40 (i) The department shall furnish administrative support and staff as
	572	+	41 is necessary for the effective operation of the commission.
	573	+	42 (j) The commission shall advise the department on developing a
	574	+	EH 1278—LS 6966/DI 101 13
	575	+	1 statement, to be included in all applications for and agreements
	576	+	2 governing grants made with state funds, stating the importance of the
	577	+	3 use of minority business enterprises, women's business enterprises, and
	578	+	4 veteran owned small businesses in fulfilling the purposes of the grant.
	579	+	5 (k) For purposes of subsections (f)(11) and (g), "unit" means a
	580	+	6 county, city, town, township, or school corporation.
	581	+	7 SECTION 11. IC 4-23-5.5-11 IS REPEALED [EFFECTIVE JULY
	582	+	8 1, 2024]. Sec. 11. The office may establish and administer a revolving
	583	+	9 loan program for the purpose of making low interest loans to projects
	584	+	10 designed to promote the development and efficient use of energy
	585	+	11 resources or to promote recycling market development. The interest
	586	+	12 rates for the loans shall be fixed by the office. The office may consult
	587	+	13 with the board in implementing this section.
	588	+	14 SECTION 12. IC 4-23-5.5-16 IS REPEALED [EFFECTIVE JULY
	589	+	15 1, 2024]. Sec. 16. (a) As used in this section, "center" refers to the
	590	+	16 center for coal technology research established by IC 21-47-4-1.
	591	+	17 (b) The Indiana coal research grant fund is established for the
	592	+	18 purpose of providing grants for research and other projects designed to
	593	+	19 develop and expand markets for Indiana coal. The fund shall be
	594	+	20 administered by the office.
	595	+	21 (c) Sources of money for the fund consist of the following:
	596	+	22 (1) Appropriations from the general assembly.
	597	+	23 (2) Donations, gifts, and money received from any other source,
	598	+	24 including transfers from other funds or accounts.
	599	+	25 (d) Money remaining in the fund at the end of a state fiscal year
	600	+	26 does not revert to the state general fund.
	601	+	27 (e) The treasurer of state shall invest the money in the fund not
	602	+	28 currently needed to meet the obligations of the fund in the same
	603	+	29 manner as other public funds may be invested. Interest that accrues
	604	+	30 from these investments shall be deposited in the fund.
	605	+	31 (f) The center shall establish:
	606	+	32 (1) amounts for grants under this section; and
	607	+	33 (2) criteria for awarding grants under this section.
	608	+	34 (g) A person, business, or manufacturer that wants a grant from the
	609	+	35 fund must file an application in the manner prescribed by the center.
	610	+	36 (h) The center shall appoint a panel of at least eight (8) members to
	611	+	37 review and make recommendations to the center about each application
	612	+	38 filed under this section. To be a member of the panel, an individual
	613	+	39 must be a scientist, a professional engineer registered under
	614	+	40 IC 25-31-1, or another professional who is familiar with coal
	615	+	41 combustion, coal properties, coal byproducts, and other coal uses.
	616	+	42 (i) The director of the office shall pursue available private and
	617	+	EH 1278—LS 6966/DI 101 14
	618	+	1 public sources of money for the fund.
	619	+	2 SECTION 13. IC 5-28-41-4, AS ADDED BY P.L.165-2021,
	620	+	3 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	621	+	4 JULY 1, 2024]: Sec. 4. (a) As used in this chapter, "qualified nonprofit
	622	+	5 organization" means a private, nonprofit entity formed as a partnership
	623	+	6 between local units, (as defined in IC 4-4-32.2-9), private sector
	624	+	7 businesses, or community or philanthropic organizations to develop
	625	+	8 and implement a regional economic acceleration and development
	626	+	9 strategy that has an organizational structure that conforms with the
	627	+	10 requirements of a policy developed by the corporation under section 16
	628	+	11 of this chapter.
	629	+	12 (b) For purposes of subsection (a), a "local unit" means a
	630	+	13 county, city, town, township, or school corporation.
	631	+	14 SECTION 14. IC 5-28-43-4, AS ADDED BY P.L.201-2023,
	632	+	15 SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	633	+	16 JULY 1, 2024]: Sec. 4. (a) As used in this chapter, "qualified nonprofit
	634	+	17 organization" means a private, nonprofit entity formed as a partnership
	635	+	18 between local units, (as defined in IC 4-4-32.2-9), private sector
	636	+	19 businesses, or community or philanthropic organizations to develop
	637	+	20 and implement a regional economic acceleration and development
	638	+	21 strategy that has an organizational structure that conforms with the
	639	+	22 requirements of a policy developed by the corporation under section 16
	640	+	23 of this chapter.
	641	+	24 (b) For purposes of subsection (a), a "local unit" means a
	642	+	25 county, city, town, township, or school corporation.
	643	+	26 SECTION 15. IC 8-1-2-61, AS AMENDED BY P.L.94-2022,
	644	+	27 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	645	+	28 JULY 1, 2024]: Sec. 61. (a) Any public utility may make complaint as
	646	+	29 to any matter affecting its own rates or service. The petition or
	647	+	30 complaint must include a statement as to whether the utility, if a
	648	+	31 not-for-profit water utility or municipal utility, has any outstanding
	649	+	32 indebtedness to the federal government. The public utility shall publish
	650	+	33 a notice of the filing of such petition or complaint in a newspaper of
	651	+	34 general circulation published in any county in which the public utility
	652	+	35 renders service. An order affecting rates or service may be entered by
	653	+	36 the commission without a formal public hearing, if:
	654	+	37 (1) the utility is a not-for-profit water utility or a municipal utility;
	655	+	38 and
	656	+	39 (2) the utility has obtained written consent to obtain an order
	657	+	40 affecting its rates from the commission without a formal hearing
	658	+	41 from any agency of the federal government with which the utility
	659	+	42 has outstanding evidence of indebtedness to the federal
	660	+	EH 1278—LS 6966/DI 101 15
	661	+	1 government.
	662	+	2 The commission may, however, on its own motion require a formal
	663	+	3 public hearing, and shall, upon a motion filed by the utility consumer
	664	+	4 counselor, by any public or municipal corporation, or by ten (10)
	665	+	5 individuals, firms, corporations, limited liability companies, or
	666	+	6 associations, or ten (10) complainants of all or any of these classes,
	667	+	7 hold a formal public hearing with respect to any such petition or
	668	+	8 complaint.
	669	+	9 (b) In any general rate proceeding under subsection (a) which
	670	+	10 requires a public hearing and in which an increase in revenues is
	671	+	11 sought which exceeds the sum of two million five hundred thousand
	672	+	12 dollars ($2,500,000), the commission shall conduct at least one (1)
	673	+	13 public hearing in one (1) of the following, as determined by the
	674	+	14 commission:
	675	+	15 (1) The largest municipality located within such the utility's
	676	+	16 service area.
	677	+	17 (2) The municipality containing the largest number of
	678	+	18 customers served by the utility.
	679	+	19 (3) The county containing the largest number of customers
	680	+	20 served by the utility.
	681	+	21 (c) In a proceeding brought by an energy utility (as defined in
	682	+	22 IC 8-1-2.5-2) under this section, the commission may approve:
	683	+	23 (1) time-varying price structures and tariffs; or
	684	+	24 (2) other alternative pricing structures and tariffs;
	685	+	25 for retail energy service (as defined in IC 8-1-2.5-3), such as
	686	+	26 time-of-use or off-peak pricing, critical peak pricing, variable peak
	687	+	27 pricing, and real-time pricing.
	688	+	28 SECTION 16. IC 8-1-8.8-13 IS REPEALED [EFFECTIVE JULY
	689	+	29 1, 2024]. Sec. 13. An eligible business shall file a monthly report with
	690	+	30 the lieutenant governor stating the following information:
	691	+	31 (1) The amount of Illinois Basin coal, if any, purchased during the
	692	+	32 previous month for use in a new energy production or generating
	693	+	33 facility.
	694	+	34 (2) The amount of any fuel or energy produced by:
	695	+	35 (A) a coal gasification facility; or
	696	+	36 (B) a nuclear energy production or generating facility;
	697	+	37 that is purchased by the eligible business during the previous
	698	+	38 month.
	699	+	39 (3) Any other information the lieutenant governor may reasonably
	700	+	40 require.
	701	+	41 SECTION 17. IC 8-1-13-38 IS AMENDED TO READ AS
	702	+	42 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 38. (a) Any corporation
	703	+	EH 1278—LS 6966/DI 101 16
	704	+	1 may make complaint as to any matter affecting its own rates or service.
	705	+	2 The corporation shall publish a notice of the filing of the petition or
	706	+	3 complaint in a newspaper of general circulation published in any
	707	+	4 county in which the corporation renders service. An order affecting
	708	+	5 rates or service may be entered by the commission without a formal
	709	+	6 public hearing, if the corporation has obtained written consent to obtain
	710	+	7 an order affecting its rates from the commission without a formal
	711	+	8 hearing from any agency of the federal government with which the
	712	+	9 corporation has outstanding evidence of indebtedness to the federal
	713	+	10 government. The commission may, however, on its own motion require
	714	+	11 a formal public hearing, and shall, upon a motion filed by the utility
	715	+	12 consumer counselor, by any public or municipal corporation, by ten
	716	+	13 (10) individuals, firms, corporations, limited liability companies, or
	717	+	14 associations, or by ten (10) complainants of any or all of these classes,
	718	+	15 hold a formal public hearing with respect to any petition or complaint.
	719	+	16 (b) In any general rate proceeding under subsection (a) which
	720	+	17 requires a public hearing and in which an increase in revenues is
	721	+	18 sought which exceeds the sum of two million five hundred thousand
	722	+	19 dollars ($2,500,000), the commission shall conduct at least one (1)
	723	+	20 public hearing in one (1) of the following, as determined by the
	724	+	21 commission:
	725	+	22 (1) The largest municipality located within the corporation's
	726	+	23 service area.
	727	+	24 (2) The municipality containing the largest number of
	728	+	25 customers served by the corporation.
	729	+	26 (3) The county containing the largest number of customers
	730	+	27 served by the corporation.
	731	+	28 SECTION 18. IC 8-1-13.1-5 IS REPEALED [EFFECTIVE JULY
	732	+	29 1, 2024]. Sec. 5. As used in this chapter, "director" refers to the director
	733	+	30 of the office of alternative energy incentives serving under section 9(b)
	734	+	31 of this chapter.
	735	+	32 SECTION 19. IC 8-1-13.1-6 IS REPEALED [EFFECTIVE JULY
	736	+	33 1, 2024]. Sec. 6. As used in this chapter, "fund" refers to the alternative
	737	+	34 energy incentive fund established by section 10 of this chapter.
	738	+	35 SECTION 20. IC 8-1-13.1-7 IS REPEALED [EFFECTIVE JULY
	739	+	36 1, 2024]. Sec. 7. As used in this chapter, "office" refers to the office of
	740	+	37 alternative energy incentives established by section 9 of this chapter.
	741	+	38 SECTION 21. IC 8-1-13.1-9 IS REPEALED [EFFECTIVE JULY
	742	+	39 1, 2024]. Sec. 9. (a) The office of alternative energy incentives is
	743	+	40 established within the Indiana office of energy development established
	744	+	41 by IC 4-3-23-3.
	745	+	42 (b) The:
	746	+	EH 1278—LS 6966/DI 101 17
	747	+	1 (1) director of the Indiana office of energy development; or
	748	+	2 (2) designee of the Indiana office of energy development, who
	749	+	3 must be qualified by knowledge of or experience in the electric
	750	+	4 utility industry;
	751	+	5 shall serve as the director of the office.
	752	+	6 (c) The director:
	753	+	7 (1) serves at the pleasure of and is responsible to the director of
	754	+	8 the Indiana office of energy development, if the director is a
	755	+	9 designee of the director of the Indiana office of energy
	756	+	10 development;
	757	+	11 (2) may receive compensation in an amount determined by the
	758	+	12 director of the Indiana office of energy development, subject to
	759	+	13 the approval of the budget agency, if the director is a designee of
	760	+	14 the director of the Indiana office of energy development;
	761	+	15 (3) serves as the chief executive and administrative officer of the
	762	+	16 office; and
	763	+	17 (4) may, to the extent appropriate, delegate the director's authority
	764	+	18 under this chapter, subject to the approval of:
	765	+	19 (A) the director of the Indiana office of energy development,
	766	+	20 if the director is a designee of the director of the Indiana office
	767	+	21 of energy development; and
	768	+	22 (B) the budget agency.
	769	+	23 (d) The director of the Indiana office of energy development may:
	770	+	24 (1) establish; and
	771	+	25 (2) appoint members to;
	772	+	26 an advisory board to advise the office in the administration of this
	773	+	27 chapter.
	774	+	28 SECTION 22. IC 8-1-13.1-10 IS REPEALED [EFFECTIVE JULY
	775	+	29 1, 2024]. Sec. 10. (a) The alternative energy incentive fund is
	776	+	30 established for the purpose of providing funds to corporations for use
	777	+	31 in the development of alternative energy projects. The fund shall be
	778	+	32 administered by the office.
	779	+	33 (b) The fund consists of:
	780	+	34 (1) money appropriated to the fund by the general assembly;
	781	+	35 (2) money received from state or federal grants or programs for
	782	+	36 alternative energy projects; and
	783	+	37 (3) donations, gifts, and money received from any other source,
	784	+	38 including transfers from other funds or accounts.
	785	+	39 (c) Money in the fund is continuously appropriated for the purposes
	786	+	40 of this section.
	787	+	41 (d) Money in the fund may be spent only in accordance with this
	788	+	42 chapter and to carry out the purposes of this chapter.
	789	+	EH 1278—LS 6966/DI 101 18
	790	+	1 (e) The expenses of administering the fund shall be paid from
	791	+	2 money in the fund.
	792	+	3 (f) Notwithstanding IC 5-13, the treasurer of state shall invest the
	793	+	4 money in the fund not currently needed to meet the obligations of the
	794	+	5 fund in the same manner as money is invested by the Indiana public
	795	+	6 retirement system under IC 5-10.3-5. The treasurer of state may
	796	+	7 contract with investment management professionals, investment
	797	+	8 advisers, and legal counsel to assist in the investment of the fund and
	798	+	9 may pay the expenses incurred under those contracts from the fund.
	799	+	10 Interest that accrues from these investments shall be deposited in the
	800	+	11 fund.
	801	+	12 (g) Money in the fund at the end of a state fiscal year does not revert
	802	+	13 to the state general fund.
	803	+	14 SECTION 23. IC 21-47-1-2 IS REPEALED [EFFECTIVE JULY 1,
	804	+	15 2024]. Sec. 2. "Center", for purposes of IC 21-47-4, refers to the center
	805	+	16 for coal technology research established by IC 21-47-4-1.
	806	+	17 SECTION 24. IC 21-47-1-3 IS REPEALED [EFFECTIVE JULY 1,
	807	+	18 2024]. Sec. 3. "Fund", for purposes of IC 21-47-4, refers to the coal
	808	+	19 technology research fund established by IC 21-47-4-5.
	809	+	20 SECTION 25. IC 21-47-4 IS REPEALED [EFFECTIVE JULY 1,
	810	+	21 2024]. (Center for Coal Technology Research).
	811	+	EH 1278—LS 6966/DI 101 19
	812	+	COMMITTEE REPORT
	813	+	Mr. Speaker: Your Committee on Utilities, Energy and
	814	+	Telecommunications, to which was referred House Bill 1278, has had
	815	+	the same under consideration and begs leave to report the same back
	816	+	to the House with the recommendation that said bill do pass.
	817	+	(Reference is to HB 1278 as introduced.)
	818	+	SOLIDAY
	819	+	Committee Vote: Yeas 11, Nays 0
	820	+	_____
	821	+	COMMITTEE REPORT
	822	+	Madam President: The Senate Committee on Utilities, to which was
	823	+	referred House Bill No. 1278, has had the same under consideration
	824	+	and begs leave to report the same back to the Senate with the
	825	+	recommendation that said bill be AMENDED as follows:
	826	+	Page 2, line 35, after "13(a)" insert "or 13(b)".
	827	+	Page 2, line 38, delete "differs" and insert "under section 13(a) of
	828	+	this chapter or clear standards under section 13(b) of this chapter,
	829	+	as applicable, differ".
	830	+	Page 2, line 39, after "13(a)" insert "or 13(b)".
	831	+	Page 2, line 40, delete "chapter;" and insert "chapter, as
	832	+	applicable;".
	833	+	Page 2, line 41, after "14(a)" insert "or 14(b)".
	834	+	Page 3, line 2, delete "differs" and insert "under section 14(a) of
	835	+	this chapter or clear standards under section 14(b) of this chapter,
	836	+	as applicable, differ".
	837	+	Page 3, line 3, delete "of this chapter;" and insert "or 14(b) of this
	838	+	chapter, as applicable;".
	839	+	Page 3, line 4, delete "regulation or wind power regulation," and
	840	+	insert "regulation, wind power regulation, or clear standards,".
	841	+	Page 3, line 5, delete "does" and insert "do".
	842	+	Page 3, line 34, strike "(b):" and insert "(d):".
	843	+	Page 4, line 4, strike "operation." and insert "operation or the date
	844	+	of the office's certification of the unit under this section, whichever
	845	+	is later.".
	846	+	Page 4, between lines 4 and 5, begin a new paragraph and insert:
	847	+	"(b) If a unit has not adopted a commercial solar regulation, the
128	848		unit may apply to the office for certification as a commercial solar
129	849		energy ready community. The application must be in a form and
	850	+	EH 1278—LS 6966/DI 101 20
130	851		manner prescribed by the office. Subject to section 12(c) of this
131	852		chapter, the office may approve an application and certify a unit
132	853		as a commercial solar energy ready community if the office
133	854		determines the following:
134	855		(1) That the unit has clear standards for the construction,
135	856		installation, siting, modification, operation, or
136	857		decommissioning of one (1) or more commercial solar energy
137	858		systems (as defined in IC 8-1-42-2) in the unit.
138	859		(2) That the unit's clear standards:
139	860		(A) are not more restrictive, directly or indirectly, than the
140	861		default standards for commercial solar energy systems set
141	862		forth in IC 8-1-42;
142	863		(B) provide a clear and transparent process for project
143	864		owners to identify potential commercial solar project sites;
144	865		(C) do not unreasonably eliminate portions of the unit as
145	866		sites for commercial solar projects;
146	867		(D) provide for a fair review and approval process for
147	868		proposed commercial solar projects, including final
148	869		approval that cannot be revoked; and
149	870		(E) include a specific plan for using any funds from an
150	871		incentive granted by the office under subsection (d):
151	872		(i) for economic development purposes within or near
152	873		the commercial solar project's footprint; or
153	874		(ii) to otherwise benefit residents and businesses within
154	875		or near the commercial solar project's footprint.
155	876		(3) That the unit has demonstrated a commitment to maintain
156	877		its clear standards for a period of at least ten (10) years,
157	878		beginning with the start date of the commercial solar project's
158	879		full commercial operation or the office's certification of the
159	880		unit under this section, whichever is later.
160	881		(c) For purposes of subsection (b), the office may consider one
161	882		(1) or more of the following as evidence of a unit's clear standards
162	883		with respect to the construction, installation, siting, modification,
163		-	HEA 1278 — Concur 5
164	884		operation, or decommissioning of one (1) or more commercial solar
165	885		energy systems (as defined in IC 8-1-42-2) in the unit:
166	886		(1) A contract or an otherwise binding agreement between the
167	887		unit and a project owner.
168	888		(2) An economic development agreement.
169	889		(3) Any other documentation that the office determines
170		-	provides sufficient evidence of the unit's clear standards.
171		-	(b) (d) If:
172		-	(1) a unit receives certification as a commercial solar energy
173		-	ready community by the office under this section;
174		-	(2) after the unit's certification, a project owner constructs a
175		-	commercial solar project is constructed or has been constructed
176		-	in the unit; and
177		-	(3) the fund is established and there is a sufficient balance in the
178		-	fund;
179		-	the office may authorize the unit to receive from the fund, for a period
180		-	of ten (10) years beginning with the start date of the commercial solar
181		-	project's full commercial operation, operation or the date of the
182		-	office's certification of the unit under this section, whichever is
183		-	later, one dollar ($1) per megawatt hour of electricity generated by the
184		-	commercial solar project, if the office determines that the procedures
185		-	and standards set forth in the unit's commercial solar regulation under
186		-	subsection (a) or the unit's clear standards under subsection (b), as
187		-	applicable, were adhered to in the development of the project.
188		-	However, if the office determines at any time after the start of the
189		-	commercial solar project's full commercial operation that the unit has
190		-	failed to continue to meet the requirement for certification set forth in
191		-	subsection (a)(3), (a)(3) or (b)(3), as applicable, the office shall
192		-	discontinue the incentive granted under this subsection and shall
193		-	require the unit to return to the fund any amounts collected by the unit
194		-	under this subsection after the unit's breach of the requirement for
195		-	certification set forth in subsection (a)(3). (a)(3) or (b)(3), as
196		-	applicable.
197		-	(c) (e) After:
198		-	(1) a unit receives certification as a commercial solar energy
199		-	ready community under this section; and
200		-	(2) a project owner constructs a commercial solar energy facility
201		-	project that qualifies the unit to receive the incentive payments
202		-	under subsection (b); (d);
203		-	the project owner shall annually report to the office the total megawatt
204		-	hours generated by the commercial solar energy facility project in the
205		-	previous year.
206		-	HEA 1278 — Concur 6
207		-	SECTION 5. IC 4-3-23.1-14, AS AMENDED BY THE
208		-	TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
209		-	ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
210		-	JULY 1, 2024]: Sec. 14. (a) A unit may apply to the office for
211		-	certification as a wind energy ready community. The application must
212		-	be in a form and manner prescribed by the office. Subject to section
213		-	12(c) of this chapter, the office may approve an application and certify
214		-	a unit as a wind energy ready community if the office determines the
215		-	following:
216		-	(1) That the unit has adopted a wind power regulation that
217		-	includes clear standards for the construction, installation, siting,
218		-	modification, operation, or decommissioning of one (1) or more
219		-	wind power devices (as defined in IC 8-1-41-7) in the unit.
220		-	(2) That the unit's wind power regulation:
221		-	(A) includes standards that are not more restrictive, directly or
222		-	indirectly, than the default standards for wind power devices
223		-	set forth in IC 8-1-41;
224		-	(B) provides a clear and transparent process for project owners
225		-	to identify potential wind power project sites;
226		-	(C) does not unreasonably eliminate portions of the unit as
227		-	sites for wind power projects;
228		-	(D) provides for a fair review and approval process for
229		-	proposed wind power projects, including final approval that
230		-	cannot be revoked; and
231		-	(E) includes a specific plan for using any funds from an
232		-	incentive granted by the office under subsection (b): (d):
233		-	(i) for economic development purposes within or near the
234		-	wind power project's footprint; or
235		-	(ii) to otherwise benefit residents and businesses within or
236		-	near the wind power project's footprint.
237		-	(3) That the unit has demonstrated a commitment to maintain:
238		-	(A) the standards and procedural framework set forth in the
239		-	unit's wind power regulation; and
240		-	(B) all applicable zoning, land use, and planning regulations;
241		-	with respect to any particular wind power project that is approved
242		-	under the unit's commercial solar wind power regulation, for a
243		-	period of at least ten (10) years, beginning with the start date of
244		-	the wind power project's full commercial operation. operation or
245		-	the date of the office's certification of the unit under this
246		-	section, whichever is later.
247		-	(b) If a unit has not adopted a wind power regulation, the unit
	890	+	provides sufficient evidence of the unit's clear standards.".
	891	+	Page 4, line 5, strike "(b)" and insert "(d)".
	892	+	Page 4, line 8, strike "a project owner constructs".
	893	+	EH 1278—LS 6966/DI 101 21
	894	+	Page 4, line 9, after "project" insert "is constructed or has been
	895	+	constructed".
	896	+	Page 4, line 14, strike "operation," and insert "operation or the
	897	+	date of the office's certification of the unit under this section,
	898	+	whichever is later,".
	899	+	Page 4, line 17, after "regulation" insert "under subsection (a) or
	900	+	the unit's clear standards under subsection (b), as applicable,".
	901	+	Page 4, line 21, strike "(a)(3)," and insert "(a)(3) or (b)(3), as
	902	+	applicable,".
	903	+	Page 4, line 24, strike "(a)(3)." and insert "(a)(3) or (b)(3), as
	904	+	applicable.".
	905	+	Page 4, line 25, strike "(c)" and insert "(e)".
	906	+	Page 4, line 30, strike "(b);" and insert "(d);".
	907	+	Page 5, line 17, strike "(b):" and insert "(d):".
	908	+	Page 5, line 29, strike "operation." and insert "operation or the
	909	+	date of the office's certification of the unit under this section,
	910	+	whichever is later.".
	911	+	Page 5, between lines 29 and 30, begin a new paragraph and insert:
	912	+	"(b) If a unit has not adopted a wind power regulation, the unit
248	913		may apply to the office for certification as a wind energy ready
249		-	HEA 1278 — Concur 7
250	914		community. The application must be in a form and manner
251	915		prescribed by the office. Subject to section 12(c) of this chapter, the
252	916		office may approve an application and certify a unit as a wind
253	917		energy ready community if the office determines the following:
254	918		(1) That the unit has clear standards for the construction,
255	919		installation, siting, modification, operation, or
256	920		decommissioning of one (1) or more wind power devices (as
257	921		defined in IC 8-1-41-7) in the unit.
258	922		(2) That the unit's clear standards:
259	923		(A) are not more restrictive, directly or indirectly, than the
260	924		default standards for wind power devices set forth in
261	925		IC 8-1-41;
262	926		(B) provide a clear and transparent process for project
263	927		owners to identify potential wind power project sites;
264	928		(C) do not unreasonably eliminate portions of the unit as
265	929		sites for wind power projects;
266	930		(D) provide for a fair review and approval process for
267	931		proposed wind power projects, including final approval
268	932		that cannot be revoked; and
269	933		(E) include a specific plan for using any funds from an
270	934		incentive granted by the office under subsection (d):
271	935		(i) for economic development purposes within or near
	936	+	EH 1278—LS 6966/DI 101 22
272	937		the wind power project's footprint; or
273	938		(ii) to otherwise benefit residents and businesses within
274	939		or near the wind power project's footprint.
275	940		(3) That the unit has demonstrated a commitment to maintain
276	941		its clear standards for a period of at least ten (10) years,
277	942		beginning with the start date of the wind power project's full
278	943		commercial operation or date of the office's certification of
279	944		the unit under this section, whichever is later.
280	945		(c) For purposes of subsection (b), the office may consider one
281	946		(1) or more of the following as evidence of a unit's clear standards
282	947		with respect to the construction, installation, siting, modification,
283	948		operation, or decommissioning of one (1) or more wind power
284	949		devices (as defined in IC 8-1-41-7) in the unit:
285	950		(1) A contract or an otherwise binding agreement between the
286	951		unit and a project owner.
287	952		(2) An economic development agreement.
288	953		(3) Any other documentation that the office determines
289		-	provides sufficient evidence of the unit's clear standards.
290		-	(b) (d) If:
291		-	(1) a unit receives certification as a wind energy ready community
292		-	HEA 1278 — Concur 8
293		-	by the office under this section;
294		-	(2) after the unit's certification, a project owner constructs a wind
295		-	power project is constructed or has been constructed in the
296		-	unit; and
297		-	(3) the fund is established and there is a sufficient balance in the
298		-	fund;
299		-	the office may authorize the unit to receive from the fund, for a period
300		-	of ten (10) years beginning with the start date of the wind power
301		-	project's full commercial operation, operation or the date of the
302		-	office's certification of the unit under this section, whichever is
303		-	later, one dollar ($1) per megawatt hour of electricity generated by the
304		-	wind power project, if the office determines that the procedures and
305		-	standards set forth in the unit's wind power regulation under
306		-	subsection (a) or the unit's clear standards under subsection (b), as
307		-	applicable, were adhered to in the development of the project.
308		-	However, if the office determines at any time after the start of the wind
309		-	power project's full commercial operation that the unit has failed to
310		-	continue to meet the requirement for certification set forth in
311		-	subsection (a)(3), (a)(3) or (b)(3), as applicable, the office shall
312		-	discontinue the incentive granted under this subsection and shall
313		-	require the unit to return to the fund any amounts collected by the unit
314		-	under this subsection after the unit's breach of the requirement for
315		-	certification set forth in subsection (a)(3). (a)(3) or (b)(3), as
316		-	applicable.
317		-	(c) (e) After:
318		-	(1) a unit receives certification as a wind energy ready community
319		-	under this section; and
320		-	(2) a project owner constructs a wind energy facility power
321		-	project that qualifies the unit to receive the incentive under
322		-	subsection (b); (d);
323		-	the project owner shall annually report to the office the total megawatt
324		-	hours generated by the wind energy facility power project in the
325		-	previous year.
326		-	SECTION 6. IC 4-3-23.1-16, AS ADDED BY P.L.50-2023,
	954	+	provides sufficient evidence of the unit's clear standards.".
	955	+	Page 5, line 30, strike "(b)" and insert "(d)".
	956	+	Page 5, line 33, strike "a project owner constructs".
	957	+	Page 5, line 34, after "project" insert "is constructed or has been
	958	+	constructed".
	959	+	Page 5, line 39, strike "operation," and insert "operation or the
	960	+	date of the office's certification of the unit under this section,
	961	+	whichever is later,".
	962	+	Page 5, line 42, after "regulation" insert "under subsection (a) or
	963	+	the unit's clear standards under subsection (b), as applicable,".
	964	+	Page 6, line 4, strike "(a)(3)," and insert "(a)(3) or (b)(3), as
	965	+	applicable,".
	966	+	Page 6, line 7, strike "(a)(3)." and insert "(a)(3) or (b)(3), as
	967	+	applicable.".
	968	+	Page 6, line 8, strike "(c)" and insert "(e)".
	969	+	Page 6, line 13, strike "(b);" and insert "(d);".
	970	+	Page 6, between lines 16 and 17, begin a new paragraph and insert:
	971	+	"SECTION 6. IC 4-3-23.1-16, AS ADDED BY P.L.50-2023,
327	972		SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
328	973		JULY 1, 2024]: Sec. 16. (a) The commercial solar and wind energy
329	974		ready communities incentive fund may be established by the office for
330	975		the purpose of:
331	976		(1) providing payments to commercial solar energy ready
332	977		communities under section 13(b) 13(d) of this chapter; and
333	978		(2) providing payments to wind energy ready communities under
	979	+	EH 1278—LS 6966/DI 101 23
334	980		section 14(b) 14(d) of this chapter.
335		-	HEA 1278 — Concur 9
336	981		(b) The fund, if established, shall be administered by the office.
337	982		(c) The fund, if established, shall consist of:
338	983		(1) grants, gifts, and donations intended for deposit in the fund;
339	984		(2) federal funds;
340	985		(3) interest that accrues from money in the fund; and
341	986		(4) any amounts returned to the fund by units under section 13(b)
342	987		13(d) or 14(b) 14(d) of this chapter.
343	988		(d) The treasurer of state shall invest the money in the fund not
344	989		currently needed to meet the obligations of the fund in the same
345		-	manner as other public money may be invested.
346		-	SECTION 7. IC 4-4-32.2 IS REPEALED [EFFECTIVE JULY 1,
347		-	2024]. (Alternative Fuel Fueling Station Grant Program).
348		-	SECTION 8. IC 4-4-32.3 IS REPEALED [EFFECTIVE JULY 1,
349		-	2024]. (Alternative Fuel Vehicle Grant Program for Local Units).
350		-	SECTION 9. IC 4-12-12-6, AS AMENDED BY P.L.152-2018,
351		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
352		-	JULY 1, 2024]: Sec. 6. Money in the account that is not otherwise
353		-	designated under section 3 of this chapter is annually dedicated to the
354		-	following:
355		-	(1) The Indiana economic development partnership fund under
356		-	IC 4-12-10.
357		-	(2) The scientific instrument project within the department of
358		-	education.
359		-	(3) The coal technology research fund under IC 21-47-4-5 (before
360		-	its repeal on July 1, 2024).
361		-	SECTION 10. IC 4-13-16.5-2, AS AMENDED BY P.L.15-2020,
362		-	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
363		-	JULY 1, 2024]: Sec. 2. (a) There is established a governor's
364		-	commission on supplier diversity. The commission shall consist of the
365		-	following members:
366		-	(1) A governor's designee, who shall serve as chairman of the
367		-	commission.
368		-	(2) The commissioner of the Indiana department of transportation,
369		-	or the economic opportunity director of the Indiana department of
370		-	transportation if the commissioner of the Indiana department of
371		-	transportation so designates.
372		-	(3) The chairperson of the board of the Indiana economic
373		-	development corporation or the chairperson's designee.
374		-	(4) The commissioner.
375		-	(5) Nine (9) individuals with demonstrated capabilities in
376		-	business and industry, especially minority business enterprises,
377		-	women's business enterprises, and veteran owned small
378		-	HEA 1278 — Concur 10
379		-	businesses, appointed by the governor from the following
380		-	geographical areas of the state:
381		-	(A) Three (3) from the northern one-third (1/3) of the state.
382		-	(B) Three (3) from the central one-third (1/3) of the state.
383		-	(C) Three (3) from the southern one-third (1/3) of the state.
384		-	(6) Two (2) members of the house of representatives, no more
385		-	than one (1) from the same political party, appointed by the
386		-	speaker of the house of representatives to serve in a nonvoting
387		-	advisory capacity.
388		-	(7) Two (2) members of the senate, no more than one (1) from the
389		-	same political party, appointed by the president pro tempore of
390		-	the senate to serve in a nonvoting advisory capacity.
391		-	(8) The deputy commissioner, who shall serve as a nonvoting
392		-	member.
393		-	Not more than six (6) of the ten (10) members appointed or designated
394		-	by the governor may be of the same political party. Appointed members
395		-	of the commission shall serve four (4) year terms. A vacancy occurs if
396		-	a legislative member leaves office for any reason. Any vacancy on the
397		-	commission shall be filled in the same manner as the original
398		-	appointment.
399		-	(b) Each member of the commission who is not a state employee is
400		-	entitled to the following:
401		-	(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
402		-	(2) Reimbursement for traveling expenses and other expenses
403		-	actually incurred in connection with the member's duties as
404		-	provided under IC 4-13-1-4 and in the state travel policies and
405		-	procedures established by the Indiana department of
406		-	administration and approved by the budget agency.
407		-	(c) Each legislative member of the commission is entitled to receive
408		-	the same per diem, mileage, and travel allowances established by the
409		-	legislative council and paid to members of the general assembly
410		-	serving on interim study committees. The allowances specified in this
411		-	subsection shall be paid by the legislative services agency from the
412		-	amounts appropriated for that purpose.
413		-	(d) A member of the commission who is a state employee but who
414		-	is not a member of the general assembly is not entitled to any of the
415		-	following:
416		-	(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
417		-	(2) Reimbursement for traveling expenses as provided under
418		-	IC 4-13-1-4.
419		-	(3) Other expenses actually incurred in connection with the
420		-	member's duties.
421		-	HEA 1278 — Concur 11
422		-	(e) The commission shall meet at least four (4) times each year and
423		-	at other times as the chairman considers necessary.
424		-	(f) The duties of the commission shall include but not be limited to
425		-	the following:
426		-	(1) Identify minority business enterprises, women's business
427		-	enterprises, and veteran owned small businesses in the state.
428		-	(2) Assess the needs of minority business enterprises, women's
429		-	business enterprises, and veteran owned small businesses.
430		-	(3) Initiate aggressive programs to assist minority business
431		-	enterprises, women's business enterprises, and veteran owned
432		-	small businesses in obtaining state contracts.
433		-	(4) Give special publicity to procurement, bidding, and qualifying
434		-	procedures.
435		-	(5) Include minority business enterprises, women's business
436		-	enterprises, and veteran owned small businesses on solicitation
437		-	mailing lists.
438		-	(6) Evaluate the competitive differences between qualified
439		-	minority or women's nonprofit corporations and other than
440		-	qualified minority or women's nonprofit corporations and veteran
441		-	owned small businesses that offer similar services and make
442		-	recommendation to the department on policy changes necessary
443		-	to ensure fair competition among minority business enterprises,
444		-	women's business enterprises, and veteran owned small
445		-	businesses.
446		-	(7) Define the duties, goals, and objectives of the deputy
447		-	commissioner of the department as created under this chapter to
448		-	assure compliance by all state agencies, separate bodies corporate
449		-	and politic, and state educational institutions with state and
450		-	federal legislation and policy concerning the awarding of
451		-	contracts (including, notwithstanding section 1(d) of this chapter
452		-	or any other law, contracts of state educational institutions) to
453		-	minority business enterprises, women's business enterprises, and
454		-	veteran owned small businesses.
455		-	(8) Establish annual goals:
456		-	(A) for the use of minority and women's business enterprises;
457		-	and
458		-	(B) derived from a statistical analysis of utilization study of
459		-	state contracts (including, notwithstanding section 1(d) of this
460		-	chapter or any other law, contracts of state educational
461		-	institutions) that are required to be updated every five (5)
462		-	years.
463		-	(9) Prepare a review of the commission and the various affected
464		-	HEA 1278 — Concur 12
465		-	departments of government to be submitted to the governor and
466		-	the legislative council on March 1 and October 1 of each year,
467		-	evaluating progress made in the areas defined in this subsection.
468		-	(10) Ensure that the statistical analysis required under this
469		-	section:
470		-	(A) is based on goals for participation of minority business
471		-	enterprises established in Richmond v. Croson, 488 U.S. 469
472		-	(1989);
473		-	(B) includes information on both contracts and subcontracts
474		-	(including, notwithstanding section 1(d) of this chapter or any
475		-	other law, contracts and subcontracts of state educational
476		-	institutions); and
477		-	(C) uses data on the combined capacity of minority business
478		-	enterprises, women's business enterprises, and veteran owned
479		-	small businesses in Indiana and not just regional data.
480		-	(11) Establish annual goals for the use of minority business
481		-	enterprises, women's business enterprises, and veteran owned
482		-	small businesses for any contract that:
483		-	(A) will be paid for in whole or in part with state grant funds;
484		-	and
485		-	(B) involves the use of real property of a unit. (as defined in
486		-	IC 4-4-32.2-9).
487		-	(12) Ensure compliance with the establishment and evaluation of
488		-	the annual goal for veteran owned small businesses established in
489		-	section 3.5 of this chapter.
490		-	(g) The department shall direct contractors to demonstrate a good
491		-	faith effort to meet the annual participation goals established under
492		-	subsection (f)(11). The good faith effort shall be demonstrated by
493		-	contractors using the repository of certified firms created under section
494		-	3 of this chapter or a similar repository maintained by a unit. (as
495		-	defined in IC 4-4-32.2-9).
496		-	(h) The department shall adopt rules of ethics under IC 4-22-2 for
497		-	commission members other than commission members appointed
498		-	under subsection (a)(6) or (a)(7).
499		-	(i) The department shall furnish administrative support and staff as
500		-	is necessary for the effective operation of the commission.
501		-	(j) The commission shall advise the department on developing a
502		-	statement, to be included in all applications for and agreements
503		-	governing grants made with state funds, stating the importance of the
504		-	use of minority business enterprises, women's business enterprises, and
505		-	veteran owned small businesses in fulfilling the purposes of the grant.
506		-	(k) For purposes of subsections (f)(11) and (g), "unit" means a
507		-	HEA 1278 — Concur 13
508		-	county, city, town, township, or school corporation.
509		-	SECTION 11. IC 4-23-5.5-11 IS REPEALED [EFFECTIVE JULY
510		-	1, 2024]. Sec. 11. The office may establish and administer a revolving
511		-	loan program for the purpose of making low interest loans to projects
512		-	designed to promote the development and efficient use of energy
513		-	resources or to promote recycling market development. The interest
514		-	rates for the loans shall be fixed by the office. The office may consult
515		-	with the board in implementing this section.
516		-	SECTION 12. IC 4-23-5.5-16 IS REPEALED [EFFECTIVE JULY
517		-	1, 2024]. Sec. 16. (a) As used in this section, "center" refers to the
518		-	center for coal technology research established by IC 21-47-4-1.
519		-	(b) The Indiana coal research grant fund is established for the
520		-	purpose of providing grants for research and other projects designed to
521		-	develop and expand markets for Indiana coal. The fund shall be
522		-	administered by the office.
523		-	(c) Sources of money for the fund consist of the following:
524		-	(1) Appropriations from the general assembly.
525		-	(2) Donations, gifts, and money received from any other source,
526		-	including transfers from other funds or accounts.
527		-	(d) Money remaining in the fund at the end of a state fiscal year
528		-	does not revert to the state general fund.
529		-	(e) The treasurer of state shall invest the money in the fund not
530		-	currently needed to meet the obligations of the fund in the same
531		-	manner as other public funds may be invested. Interest that accrues
532		-	from these investments shall be deposited in the fund.
533		-	(f) The center shall establish:
534		-	(1) amounts for grants under this section; and
535		-	(2) criteria for awarding grants under this section.
536		-	(g) A person, business, or manufacturer that wants a grant from the
537		-	fund must file an application in the manner prescribed by the center.
538		-	(h) The center shall appoint a panel of at least eight (8) members to
539		-	review and make recommendations to the center about each application
540		-	filed under this section. To be a member of the panel, an individual
541		-	must be a scientist, a professional engineer registered under
542		-	IC 25-31-1, or another professional who is familiar with coal
543		-	combustion, coal properties, coal byproducts, and other coal uses.
544		-	(i) The director of the office shall pursue available private and
545		-	public sources of money for the fund.
546		-	SECTION 13. IC 5-28-41-4, AS ADDED BY P.L.165-2021,
547		-	SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
548		-	JULY 1, 2024]: Sec. 4. (a) As used in this chapter, "qualified nonprofit
549		-	organization" means a private, nonprofit entity formed as a partnership
550		-	HEA 1278 — Concur 14
551		-	between local units, (as defined in IC 4-4-32.2-9), private sector
552		-	businesses, or community or philanthropic organizations to develop
553		-	and implement a regional economic acceleration and development
554		-	strategy that has an organizational structure that conforms with the
555		-	requirements of a policy developed by the corporation under section 16
556		-	of this chapter.
557		-	(b) For purposes of subsection (a), a "local unit" means a
558		-	county, city, town, township, or school corporation.
559		-	SECTION 14. IC 5-28-43-4, AS ADDED BY P.L.201-2023,
560		-	SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
561		-	JULY 1, 2024]: Sec. 4. (a) As used in this chapter, "qualified nonprofit
562		-	organization" means a private, nonprofit entity formed as a partnership
563		-	between local units, (as defined in IC 4-4-32.2-9), private sector
564		-	businesses, or community or philanthropic organizations to develop
565		-	and implement a regional economic acceleration and development
566		-	strategy that has an organizational structure that conforms with the
567		-	requirements of a policy developed by the corporation under section 16
568		-	of this chapter.
569		-	(b) For purposes of subsection (a), a "local unit" means a
570		-	county, city, town, township, or school corporation.
571		-	SECTION 15. IC 8-1-2-61, AS AMENDED BY P.L.94-2022,
572		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
573		-	JULY 1, 2024]: Sec. 61. (a) Any public utility may make complaint as
574		-	to any matter affecting its own rates or service. The petition or
575		-	complaint must include a statement as to whether the utility, if a
576		-	not-for-profit water utility or municipal utility, has any outstanding
577		-	indebtedness to the federal government. The public utility shall publish
578		-	a notice of the filing of such petition or complaint in a newspaper of
579		-	general circulation published in any county in which the public utility
580		-	renders service. An order affecting rates or service may be entered by
581		-	the commission without a formal public hearing, if:
582		-	(1) the utility is a not-for-profit water utility or a municipal utility;
583		-	and
584		-	(2) the utility has obtained written consent to obtain an order
585		-	affecting its rates from the commission without a formal hearing
586		-	from any agency of the federal government with which the utility
587		-	has outstanding evidence of indebtedness to the federal
588		-	government.
589		-	The commission may, however, on its own motion require a formal
590		-	public hearing, and shall, upon a motion filed by the utility consumer
591		-	counselor, by any public or municipal corporation, or by ten (10)
592		-	individuals, firms, corporations, limited liability companies, or
593		-	HEA 1278 — Concur 15
594		-	associations, or ten (10) complainants of all or any of these classes,
595		-	hold a formal public hearing with respect to any such petition or
596		-	complaint.
597		-	(b) In any general rate proceeding under subsection (a) which
598		-	requires a public hearing and in which an increase in revenues is
599		-	sought which exceeds the sum of two million five hundred thousand
600		-	dollars ($2,500,000), the commission shall conduct at least one (1)
601		-	public hearing in one (1) of the following, as determined by the
602		-	commission:
603		-	(1) The largest municipality located within such the utility's
604		-	service area.
605		-	(2) The municipality containing the largest number of
606		-	customers served by the utility.
607		-	(3) The county containing the largest number of customers
608		-	served by the utility.
609		-	(c) In a proceeding brought by an energy utility (as defined in
610		-	IC 8-1-2.5-2) under this section, the commission may approve:
611		-	(1) time-varying price structures and tariffs; or
612		-	(2) other alternative pricing structures and tariffs;
613		-	for retail energy service (as defined in IC 8-1-2.5-3), such as
614		-	time-of-use or off-peak pricing, critical peak pricing, variable peak
615		-	pricing, and real-time pricing.
616		-	SECTION 16. IC 8-1-8.8-13 IS REPEALED [EFFECTIVE JULY
617		-	1, 2024]. Sec. 13. An eligible business shall file a monthly report with
618		-	the lieutenant governor stating the following information:
619		-	(1) The amount of Illinois Basin coal, if any, purchased during the
620		-	previous month for use in a new energy production or generating
621		-	facility.
622		-	(2) The amount of any fuel or energy produced by:
623		-	(A) a coal gasification facility; or
624		-	(B) a nuclear energy production or generating facility;
625		-	that is purchased by the eligible business during the previous
626		-	month.
627		-	(3) Any other information the lieutenant governor may reasonably
628		-	require.
629		-	SECTION 17. IC 8-1-13-38 IS AMENDED TO READ AS
630		-	FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 38. (a) Any corporation
631		-	may make complaint as to any matter affecting its own rates or service.
632		-	The corporation shall publish a notice of the filing of the petition or
633		-	complaint in a newspaper of general circulation published in any
634		-	county in which the corporation renders service. An order affecting
635		-	rates or service may be entered by the commission without a formal
636		-	HEA 1278 — Concur 16
637		-	public hearing, if the corporation has obtained written consent to obtain
638		-	an order affecting its rates from the commission without a formal
639		-	hearing from any agency of the federal government with which the
640		-	corporation has outstanding evidence of indebtedness to the federal
641		-	government. The commission may, however, on its own motion require
642		-	a formal public hearing, and shall, upon a motion filed by the utility
643		-	consumer counselor, by any public or municipal corporation, by ten
644		-	(10) individuals, firms, corporations, limited liability companies, or
645		-	associations, or by ten (10) complainants of any or all of these classes,
646		-	hold a formal public hearing with respect to any petition or complaint.
647		-	(b) In any general rate proceeding under subsection (a) which
648		-	requires a public hearing and in which an increase in revenues is
649		-	sought which exceeds the sum of two million five hundred thousand
650		-	dollars ($2,500,000), the commission shall conduct at least one (1)
651		-	public hearing in one (1) of the following, as determined by the
652		-	commission:
653		-	(1) The largest municipality located within the corporation's
654		-	service area.
655		-	(2) The municipality containing the largest number of
656		-	customers served by the corporation.
657		-	(3) The county containing the largest number of customers
658		-	served by the corporation.
659		-	SECTION 18. IC 8-1-13.1-5 IS REPEALED [EFFECTIVE JULY
660		-	1, 2024]. Sec. 5. As used in this chapter, "director" refers to the director
661		-	of the office of alternative energy incentives serving under section 9(b)
662		-	of this chapter.
663		-	SECTION 19. IC 8-1-13.1-6 IS REPEALED [EFFECTIVE JULY
664		-	1, 2024]. Sec. 6. As used in this chapter, "fund" refers to the alternative
665		-	energy incentive fund established by section 10 of this chapter.
666		-	SECTION 20. IC 8-1-13.1-7 IS REPEALED [EFFECTIVE JULY
667		-	1, 2024]. Sec. 7. As used in this chapter, "office" refers to the office of
668		-	alternative energy incentives established by section 9 of this chapter.
669		-	SECTION 21. IC 8-1-13.1-9 IS REPEALED [EFFECTIVE JULY
670		-	1, 2024]. Sec. 9. (a) The office of alternative energy incentives is
671		-	established within the Indiana office of energy development established
672		-	by IC 4-3-23-3.
673		-	(b) The:
674		-	(1) director of the Indiana office of energy development; or
675		-	(2) designee of the Indiana office of energy development, who
676		-	must be qualified by knowledge of or experience in the electric
677		-	utility industry;
678		-	shall serve as the director of the office.
679		-	HEA 1278 — Concur 17
680		-	(c) The director:
681		-	(1) serves at the pleasure of and is responsible to the director of
682		-	the Indiana office of energy development, if the director is a
683		-	designee of the director of the Indiana office of energy
684		-	development;
685		-	(2) may receive compensation in an amount determined by the
686		-	director of the Indiana office of energy development, subject to
687		-	the approval of the budget agency, if the director is a designee of
688		-	the director of the Indiana office of energy development;
689		-	(3) serves as the chief executive and administrative officer of the
690		-	office; and
691		-	(4) may, to the extent appropriate, delegate the director's authority
692		-	under this chapter, subject to the approval of:
693		-	(A) the director of the Indiana office of energy development,
694		-	if the director is a designee of the director of the Indiana office
695		-	of energy development; and
696		-	(B) the budget agency.
697		-	(d) The director of the Indiana office of energy development may:
698		-	(1) establish; and
699		-	(2) appoint members to;
700		-	an advisory board to advise the office in the administration of this
701		-	chapter.
702		-	SECTION 22. IC 8-1-13.1-10 IS REPEALED [EFFECTIVE JULY
703		-	1, 2024]. Sec. 10. (a) The alternative energy incentive fund is
704		-	established for the purpose of providing funds to corporations for use
705		-	in the development of alternative energy projects. The fund shall be
706		-	administered by the office.
707		-	(b) The fund consists of:
708		-	(1) money appropriated to the fund by the general assembly;
709		-	(2) money received from state or federal grants or programs for
710		-	alternative energy projects; and
711		-	(3) donations, gifts, and money received from any other source,
712		-	including transfers from other funds or accounts.
713		-	(c) Money in the fund is continuously appropriated for the purposes
714		-	of this section.
715		-	(d) Money in the fund may be spent only in accordance with this
716		-	chapter and to carry out the purposes of this chapter.
717		-	(e) The expenses of administering the fund shall be paid from
718		-	money in the fund.
719		-	(f) Notwithstanding IC 5-13, the treasurer of state shall invest the
720		-	money in the fund not currently needed to meet the obligations of the
721		-	fund in the same manner as money is invested by the Indiana public
722		-	HEA 1278 — Concur 18
723		-	retirement system under IC 5-10.3-5. The treasurer of state may
724		-	contract with investment management professionals, investment
725		-	advisers, and legal counsel to assist in the investment of the fund and
726		-	may pay the expenses incurred under those contracts from the fund.
727		-	Interest that accrues from these investments shall be deposited in the
728		-	fund.
729		-	(g) Money in the fund at the end of a state fiscal year does not revert
730		-	to the state general fund.
731		-	SECTION 23. IC 21-47-1-2 IS REPEALED [EFFECTIVE JULY 1,
732		-	2024]. Sec. 2. "Center", for purposes of IC 21-47-4, refers to the center
733		-	for coal technology research established by IC 21-47-4-1.
734		-	SECTION 24. IC 21-47-1-3 IS REPEALED [EFFECTIVE JULY 1,
735		-	2024]. Sec. 3. "Fund", for purposes of IC 21-47-4, refers to the coal
736		-	technology research fund established by IC 21-47-4-5.
737		-	SECTION 25. IC 21-47-4 IS REPEALED [EFFECTIVE JULY 1,
738		-	2024]. (Center for Coal Technology Research).
739		-	HEA 1278 — Concur Speaker of the House of Representatives
740		-	President of the Senate
741		-	President Pro Tempore
742		-	Governor of the State of Indiana
743		-	Date: Time:
744		-	HEA 1278 — Concur
	990	+	manner as other public money may be invested.".
	991	+	Renumber all SECTIONS consecutively.
	992	+	and when so amended that said bill do pass.
	993	+	(Reference is to HB 1278 as printed January 18, 2024.)
	994	+	KOCH, Chairperson
	995	+	Committee Vote: Yeas 8, Nays 1.
	996	+	EH 1278—LS 6966/DI 101