Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1278
AN ACT to amend the Indiana Code concerning utilities.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 4-3-23-5, AS AMENDED BY P.L.109-2015,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5. The office shall administer the following:
(1) The alternative fuel fueling station grant program under
IC 4-4-32.2.
(2) The alternative fuel vehicle grant program for local units
under IC 4-4-32.3.
(3) (1) The energy development fund under IC 4-23-5.5-10.
(4) (2) A low interest revolving loan program for certain energy
efficiency or recycling projects in consultation with the Indiana
recycling market development board. under section 9 of this
chapter.
(5) The coal research grant fund under IC 4-23-5.5-16.
(6) (3) The green industries fund under IC 5-28-34, in
consultation with the Indiana economic development corporation.
(7) The office of alternative energy incentives established by
IC 8-1-13.1-9 and the alternative energy incentive fund
established by IC 8-1-13.1-10.
(8) The center for coal technology research established by
IC 21-47-4-1 and the coal technology research fund established
HEA 1278 — Concur 2
by IC 21-47-4-5.
SECTION 2. IC 4-3-23-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 9. The office may establish and administer a
revolving loan program for the purpose of making low interest
loans to projects designed to promote the development and efficient
use of energy resources or to promote recycling market
development. The interest rates for the loans shall be fixed by the
office.
SECTION 3. IC 4-3-23.1-12, AS ADDED BY P.L.50-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 12. (a) The commercial solar and wind energy
ready communities development center may be established within the
office. If established, the center shall have has the following duties:
(1) Providing comprehensive information concerning permits
required for projects and related business activities in Indiana,
and making the information available and easily accessible to:
(A) project owners;
(B) state and local government offices, departments, and
administrative entities; and
(C) the public.
(2) Working with permit authorities to encourage the timely and
efficient issuance of permits and the resolution of related issues.
(b) The center, if established, may create and administer:
(1) a program for the certification of units as commercial solar
energy ready communities under section 13 of this chapter; and
(2) a program for the certification of units as wind energy ready
communities under section 14 of this chapter.
(c) Notwithstanding:
(1) section 13(a) or 13(b) of this chapter, the center, if
established, may make a reasonable determination to certify
a unit as a commercial solar energy ready community if the
unit's commercial solar regulation under section 13(a) of this
chapter or clear standards under section 13(b) of this chapter,
as applicable, differ in one (1) or more respects from the
standards set forth in section 13(a) or 13(b) of this chapter, as
applicable; or
(2) section 14(a) or 14(b) of this chapter, the center, if
established, may make a reasonable determination to certify
a unit as a wind energy ready community if the unit's wind
power regulation under section 14(a) of this chapter or clear
standards under section 14(b) of this chapter, as applicable,
HEA 1278 — Concur 3
differ in one (1) or more respects from the standards set forth
in section 14(a) or 14(b) of this chapter, as applicable;
if the unit's commercial solar regulation, wind power regulation,
or clear standards, as applicable, do not materially differ from
applicable industry or regulatory standards, or otherwise
materially affect the ability of a project owner to develop a project
in the unit.
SECTION 4. IC 4-3-23.1-13, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 13. (a) A unit may apply to the office for
certification as a commercial solar energy ready community. The
application must be in a form and manner prescribed by the office.
Subject to section 12(c) of this chapter, the office may approve an
application and certify a unit as a commercial solar energy ready
community if the office determines the following:
(1) That the unit has adopted a commercial solar regulation that
includes clear standards for the construction, installation, siting,
modification, operation, or decommissioning of one (1) or more
commercial solar energy systems (as defined in IC 8-1-42-2) in
the unit.
(2) That the unit's commercial solar regulation:
(A) includes standards that are not more restrictive, directly or
indirectly, than the default standards for commercial solar
energy systems set forth in IC 8-1-42;
(B) provides a clear and transparent process for project owners
to identify potential commercial solar project sites;
(C) does not unreasonably eliminate portions of the unit as
sites for commercial solar projects;
(D) provides for a fair review and approval process for
proposed commercial solar projects, including final approval
that cannot be revoked; and
(E) includes a specific plan for using any funds from an
incentive granted by the office under subsection (b): (d):
(i) for economic development purposes within or near the
commercial solar project's footprint; or
(ii) to otherwise benefit residents and businesses within or
near the commercial solar project's footprint.
(3) That the unit has demonstrated a commitment to maintain:
(A) the standards and procedural framework set forth in the
unit's commercial solar regulation; and
(B) all applicable zoning, land use, and planning regulations;
HEA 1278 — Concur 4
with respect to any particular commercial solar project that is
approved under the unit's commercial solar regulation, for a
period of at least ten (10) years, beginning with the start date of
the commercial solar project's full commercial operation.
operation or the date of the office's certification of the unit
under this section, whichever is later.
(b) If a unit has not adopted a commercial solar regulation, the
unit may apply to the office for certification as a commercial solar
energy ready community. The application must be in a form and
manner prescribed by the office. Subject to section 12(c) of this
chapter, the office may approve an application and certify a unit
as a commercial solar energy ready community if the office
determines the following:
(1) That the unit has clear standards for the construction,
installation, siting, modification, operation, or
decommissioning of one (1) or more commercial solar energy
systems (as defined in IC 8-1-42-2) in the unit.
(2) That the unit's clear standards:
(A) are not more restrictive, directly or indirectly, than the
default standards for commercial solar energy systems set
forth in IC 8-1-42;
(B) provide a clear and transparent process for project
owners to identify potential commercial solar project sites;
(C) do not unreasonably eliminate portions of the unit as
sites for commercial solar projects;
(D) provide for a fair review and approval process for
proposed commercial solar projects, including final
approval that cannot be revoked; and
(E) include a specific plan for using any funds from an
incentive granted by the office under subsection (d):
(i) for economic development purposes within or near
the commercial solar project's footprint; or
(ii) to otherwise benefit residents and businesses within
or near the commercial solar project's footprint.
(3) That the unit has demonstrated a commitment to maintain
its clear standards for a period of at least ten (10) years,
beginning with the start date of the commercial solar project's
full commercial operation or the office's certification of the
unit under this section, whichever is later.
(c) For purposes of subsection (b), the office may consider one
(1) or more of the following as evidence of a unit's clear standards
with respect to the construction, installation, siting, modification,
HEA 1278 — Concur 5
operation, or decommissioning of one (1) or more commercial solar
energy systems (as defined in IC 8-1-42-2) in the unit:
(1) A contract or an otherwise binding agreement between the
unit and a project owner.
(2) An economic development agreement.
(3) Any other documentation that the office determines
provides sufficient evidence of the unit's clear standards.
(b) (d) If:
(1) a unit receives certification as a commercial solar energy
ready community by the office under this section;
(2) after the unit's certification, a project owner constructs a
commercial solar project is constructed or has been constructed
in the unit; and
(3) the fund is established and there is a sufficient balance in the
fund;
the office may authorize the unit to receive from the fund, for a period
of ten (10) years beginning with the start date of the commercial solar
project's full commercial operation, operation or the date of the
office's certification of the unit under this section, whichever is
later, one dollar ($1) per megawatt hour of electricity generated by the
commercial solar project, if the office determines that the procedures
and standards set forth in the unit's commercial solar regulation under
subsection (a) or the unit's clear standards under subsection (b), as
applicable, were adhered to in the development of the project.
However, if the office determines at any time after the start of the
commercial solar project's full commercial operation that the unit has
failed to continue to meet the requirement for certification set forth in
subsection (a)(3), (a)(3) or (b)(3), as applicable, the office shall
discontinue the incentive granted under this subsection and shall
require the unit to return to the fund any amounts collected by the unit
under this subsection after the unit's breach of the requirement for
certification set forth in subsection (a)(3). (a)(3) or (b)(3), as
applicable.
(c) (e) After:
(1) a unit receives certification as a commercial solar energy
ready community under this section; and
(2) a project owner constructs a commercial solar energy facility
project that qualifies the unit to receive the incentive payments
under subsection (b); (d);
the project owner shall annually report to the office the total megawatt
hours generated by the commercial solar energy facility project in the
previous year.
HEA 1278 — Concur 6
SECTION 5. IC 4-3-23.1-14, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 14. (a) A unit may apply to the office for
certification as a wind energy ready community. The application must
be in a form and manner prescribed by the office. Subject to section
12(c) of this chapter, the office may approve an application and certify
a unit as a wind energy ready community if the office determines the
following:
(1) That the unit has adopted a wind power regulation that
includes clear standards for the construction, installation, siting,
modification, operation, or decommissioning of one (1) or more
wind power devices (as defined in IC 8-1-41-7) in the unit.
(2) That the unit's wind power regulation:
(A) includes standards that are not more restrictive, directly or
indirectly, than the default standards for wind power devices
set forth in IC 8-1-41;
(B) provides a clear and transparent process for project owners
to identify potential wind power project sites;
(C) does not unreasonably eliminate portions of the unit as
sites for wind power projects;
(D) provides for a fair review and approval process for
proposed wind power projects, including final approval that
cannot be revoked; and
(E) includes a specific plan for using any funds from an
incentive granted by the office under subsection (b): (d):
(i) for economic development purposes within or near the
wind power project's footprint; or
(ii) to otherwise benefit residents and businesses within or
near the wind power project's footprint.
(3) That the unit has demonstrated a commitment to maintain:
(A) the standards and procedural framework set forth in the
unit's wind power regulation; and
(B) all applicable zoning, land use, and planning regulations;
with respect to any particular wind power project that is approved
under the unit's commercial solar wind power regulation, for a
period of at least ten (10) years, beginning with the start date of
the wind power project's full commercial operation. operation or
the date of the office's certification of the unit under this
section, whichever is later.
(b) If a unit has not adopted a wind power regulation, the unit
may apply to the office for certification as a wind energy ready
HEA 1278 — Concur 7
community. The application must be in a form and manner
prescribed by the office. Subject to section 12(c) of this chapter, the
office may approve an application and certify a unit as a wind
energy ready community if the office determines the following:
(1) That the unit has clear standards for the construction,
installation, siting, modification, operation, or
decommissioning of one (1) or more wind power devices (as
defined in IC 8-1-41-7) in the unit.
(2) That the unit's clear standards:
(A) are not more restrictive, directly or indirectly, than the
default standards for wind power devices set forth in
IC 8-1-41;
(B) provide a clear and transparent process for project
owners to identify potential wind power project sites;
(C) do not unreasonably eliminate portions of the unit as
sites for wind power projects;
(D) provide for a fair review and approval process for
proposed wind power projects, including final approval
that cannot be revoked; and
(E) include a specific plan for using any funds from an
incentive granted by the office under subsection (d):
(i) for economic development purposes within or near
the wind power project's footprint; or
(ii) to otherwise benefit residents and businesses within
or near the wind power project's footprint.
(3) That the unit has demonstrated a commitment to maintain
its clear standards for a period of at least ten (10) years,
beginning with the start date of the wind power project's full
commercial operation or date of the office's certification of
the unit under this section, whichever is later.
(c) For purposes of subsection (b), the office may consider one
(1) or more of the following as evidence of a unit's clear standards
with respect to the construction, installation, siting, modification,
operation, or decommissioning of one (1) or more wind power
devices (as defined in IC 8-1-41-7) in the unit:
(1) A contract or an otherwise binding agreement between the
unit and a project owner.
(2) An economic development agreement.
(3) Any other documentation that the office determines
provides sufficient evidence of the unit's clear standards.
(b) (d) If:
(1) a unit receives certification as a wind energy ready community
HEA 1278 — Concur 8
by the office under this section;
(2) after the unit's certification, a project owner constructs a wind
power project is constructed or has been constructed in the
unit; and
(3) the fund is established and there is a sufficient balance in the
fund;
the office may authorize the unit to receive from the fund, for a period
of ten (10) years beginning with the start date of the wind power
project's full commercial operation, operation or the date of the
office's certification of the unit under this section, whichever is
later, one dollar ($1) per megawatt hour of electricity generated by the
wind power project, if the office determines that the procedures and
standards set forth in the unit's wind power regulation under
subsection (a) or the unit's clear standards under subsection (b), as
applicable, were adhered to in the development of the project.
However, if the office determines at any time after the start of the wind
power project's full commercial operation that the unit has failed to
continue to meet the requirement for certification set forth in
subsection (a)(3), (a)(3) or (b)(3), as applicable, the office shall
discontinue the incentive granted under this subsection and shall
require the unit to return to the fund any amounts collected by the unit
under this subsection after the unit's breach of the requirement for
certification set forth in subsection (a)(3). (a)(3) or (b)(3), as
applicable.
(c) (e) After:
(1) a unit receives certification as a wind energy ready community
under this section; and
(2) a project owner constructs a wind energy facility power
project that qualifies the unit to receive the incentive under
subsection (b); (d);
the project owner shall annually report to the office the total megawatt
hours generated by the wind energy facility power project in the
previous year.
SECTION 6. IC 4-3-23.1-16, AS ADDED BY P.L.50-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 16. (a) The commercial solar and wind energy
ready communities incentive fund may be established by the office for
the purpose of:
(1) providing payments to commercial solar energy ready
communities under section 13(b) 13(d) of this chapter; and
(2) providing payments to wind energy ready communities under
section 14(b) 14(d) of this chapter.
HEA 1278 — Concur 9
(b) The fund, if established, shall be administered by the office.
(c) The fund, if established, shall consist of:
(1) grants, gifts, and donations intended for deposit in the fund;
(2) federal funds;
(3) interest that accrues from money in the fund; and
(4) any amounts returned to the fund by units under section 13(b)
13(d) or 14(b) 14(d) of this chapter.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
SECTION 7. IC 4-4-32.2 IS REPEALED [EFFECTIVE JULY 1,
2024]. (Alternative Fuel Fueling Station Grant Program).
SECTION 8. IC 4-4-32.3 IS REPEALED [EFFECTIVE JULY 1,
2024]. (Alternative Fuel Vehicle Grant Program for Local Units).
SECTION 9. IC 4-12-12-6, AS AMENDED BY P.L.152-2018,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 6. Money in the account that is not otherwise
designated under section 3 of this chapter is annually dedicated to the
following:
(1) The Indiana economic development partnership fund under
IC 4-12-10.
(2) The scientific instrument project within the department of
education.
(3) The coal technology research fund under IC 21-47-4-5 (before
its repeal on July 1, 2024).
SECTION 10. IC 4-13-16.5-2, AS AMENDED BY P.L.15-2020,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. (a) There is established a governor's
commission on supplier diversity. The commission shall consist of the
following members:
(1) A governor's designee, who shall serve as chairman of the
commission.
(2) The commissioner of the Indiana department of transportation,
or the economic opportunity director of the Indiana department of
transportation if the commissioner of the Indiana department of
transportation so designates.
(3) The chairperson of the board of the Indiana economic
development corporation or the chairperson's designee.
(4) The commissioner.
(5) Nine (9) individuals with demonstrated capabilities in
business and industry, especially minority business enterprises,
women's business enterprises, and veteran owned small
HEA 1278 — Concur 10
businesses, appointed by the governor from the following
geographical areas of the state:
(A) Three (3) from the northern one-third (1/3) of the state.
(B) Three (3) from the central one-third (1/3) of the state.
(C) Three (3) from the southern one-third (1/3) of the state.
(6) Two (2) members of the house of representatives, no more
than one (1) from the same political party, appointed by the
speaker of the house of representatives to serve in a nonvoting
advisory capacity.
(7) Two (2) members of the senate, no more than one (1) from the
same political party, appointed by the president pro tempore of
the senate to serve in a nonvoting advisory capacity.
(8) The deputy commissioner, who shall serve as a nonvoting
member.
Not more than six (6) of the ten (10) members appointed or designated
by the governor may be of the same political party. Appointed members
of the commission shall serve four (4) year terms. A vacancy occurs if
a legislative member leaves office for any reason. Any vacancy on the
commission shall be filled in the same manner as the original
appointment.
(b) Each member of the commission who is not a state employee is
entitled to the following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses and other expenses
actually incurred in connection with the member's duties as
provided under IC 4-13-1-4 and in the state travel policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(c) Each legislative member of the commission is entitled to receive
the same per diem, mileage, and travel allowances established by the
legislative council and paid to members of the general assembly
serving on interim study committees. The allowances specified in this
subsection shall be paid by the legislative services agency from the
amounts appropriated for that purpose.
(d) A member of the commission who is a state employee but who
is not a member of the general assembly is not entitled to any of the
following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses as provided under
IC 4-13-1-4.
(3) Other expenses actually incurred in connection with the
member's duties.
HEA 1278 — Concur 11
(e) The commission shall meet at least four (4) times each year and
at other times as the chairman considers necessary.
(f) The duties of the commission shall include but not be limited to
the following:
(1) Identify minority business enterprises, women's business
enterprises, and veteran owned small businesses in the state.
(2) Assess the needs of minority business enterprises, women's
business enterprises, and veteran owned small businesses.
(3) Initiate aggressive programs to assist minority business
enterprises, women's business enterprises, and veteran owned
small businesses in obtaining state contracts.
(4) Give special publicity to procurement, bidding, and qualifying
procedures.
(5) Include minority business enterprises, women's business
enterprises, and veteran owned small businesses on solicitation
mailing lists.
(6) Evaluate the competitive differences between qualified
minority or women's nonprofit corporations and other than
qualified minority or women's nonprofit corporations and veteran
owned small businesses that offer similar services and make
recommendation to the department on policy changes necessary
to ensure fair competition among minority business enterprises,
women's business enterprises, and veteran owned small
businesses.
(7) Define the duties, goals, and objectives of the deputy
commissioner of the department as created under this chapter to
assure compliance by all state agencies, separate bodies corporate
and politic, and state educational institutions with state and
federal legislation and policy concerning the awarding of
contracts (including, notwithstanding section 1(d) of this chapter
or any other law, contracts of state educational institutions) to
minority business enterprises, women's business enterprises, and
veteran owned small businesses.
(8) Establish annual goals:
(A) for the use of minority and women's business enterprises;
and
(B) derived from a statistical analysis of utilization study of
state contracts (including, notwithstanding section 1(d) of this
chapter or any other law, contracts of state educational
institutions) that are required to be updated every five (5)
years.
(9) Prepare a review of the commission and the various affected
HEA 1278 — Concur 12
departments of government to be submitted to the governor and
the legislative council on March 1 and October 1 of each year,
evaluating progress made in the areas defined in this subsection.
(10) Ensure that the statistical analysis required under this
section:
(A) is based on goals for participation of minority business
enterprises established in Richmond v. Croson, 488 U.S. 469
(1989);
(B) includes information on both contracts and subcontracts
(including, notwithstanding section 1(d) of this chapter or any
other law, contracts and subcontracts of state educational
institutions); and
(C) uses data on the combined capacity of minority business
enterprises, women's business enterprises, and veteran owned
small businesses in Indiana and not just regional data.
(11) Establish annual goals for the use of minority business
enterprises, women's business enterprises, and veteran owned
small businesses for any contract that:
(A) will be paid for in whole or in part with state grant funds;
and
(B) involves the use of real property of a unit. (as defined in
IC 4-4-32.2-9).
(12) Ensure compliance with the establishment and evaluation of
the annual goal for veteran owned small businesses established in
section 3.5 of this chapter.
(g) The department shall direct contractors to demonstrate a good
faith effort to meet the annual participation goals established under
subsection (f)(11). The good faith effort shall be demonstrated by
contractors using the repository of certified firms created under section
3 of this chapter or a similar repository maintained by a unit. (as
defined in IC 4-4-32.2-9).
(h) The department shall adopt rules of ethics under IC 4-22-2 for
commission members other than commission members appointed
under subsection (a)(6) or (a)(7).
(i) The department shall furnish administrative support and staff as
is necessary for the effective operation of the commission.
(j) The commission shall advise the department on developing a
statement, to be included in all applications for and agreements
governing grants made with state funds, stating the importance of the
use of minority business enterprises, women's business enterprises, and
veteran owned small businesses in fulfilling the purposes of the grant.
(k) For purposes of subsections (f)(11) and (g), "unit" means a
HEA 1278 — Concur 13
county, city, town, township, or school corporation.
SECTION 11. IC 4-23-5.5-11 IS REPEALED [EFFECTIVE JULY
1, 2024]. Sec. 11. The office may establish and administer a revolving
loan program for the purpose of making low interest loans to projects
designed to promote the development and efficient use of energy
resources or to promote recycling market development. The interest
rates for the loans shall be fixed by the office. The office may consult
with the board in implementing this section.
SECTION 12. IC 4-23-5.5-16 IS REPEALED [EFFECTIVE JULY
1, 2024]. Sec. 16. (a) As used in this section, "center" refers to the
center for coal technology research established by IC 21-47-4-1.
(b) The Indiana coal research grant fund is established for the
purpose of providing grants for research and other projects designed to
develop and expand markets for Indiana coal. The fund shall be
administered by the office.
(c) Sources of money for the fund consist of the following:
(1) Appropriations from the general assembly.
(2) Donations, gifts, and money received from any other source,
including transfers from other funds or accounts.
(d) Money remaining in the fund at the end of a state fiscal year
does not revert to the state general fund.
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(f) The center shall establish:
(1) amounts for grants under this section; and
(2) criteria for awarding grants under this section.
(g) A person, business, or manufacturer that wants a grant from the
fund must file an application in the manner prescribed by the center.
(h) The center shall appoint a panel of at least eight (8) members to
review and make recommendations to the center about each application
filed under this section. To be a member of the panel, an individual
must be a scientist, a professional engineer registered under
IC 25-31-1, or another professional who is familiar with coal
combustion, coal properties, coal byproducts, and other coal uses.
(i) The director of the office shall pursue available private and
public sources of money for the fund.
SECTION 13. IC 5-28-41-4, AS ADDED BY P.L.165-2021,
SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. (a) As used in this chapter, "qualified nonprofit
organization" means a private, nonprofit entity formed as a partnership
HEA 1278 — Concur 14
between local units, (as defined in IC 4-4-32.2-9), private sector
businesses, or community or philanthropic organizations to develop
and implement a regional economic acceleration and development
strategy that has an organizational structure that conforms with the
requirements of a policy developed by the corporation under section 16
of this chapter.
(b) For purposes of subsection (a), a "local unit" means a
county, city, town, township, or school corporation.
SECTION 14. IC 5-28-43-4, AS ADDED BY P.L.201-2023,
SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. (a) As used in this chapter, "qualified nonprofit
organization" means a private, nonprofit entity formed as a partnership
between local units, (as defined in IC 4-4-32.2-9), private sector
businesses, or community or philanthropic organizations to develop
and implement a regional economic acceleration and development
strategy that has an organizational structure that conforms with the
requirements of a policy developed by the corporation under section 16
of this chapter.
(b) For purposes of subsection (a), a "local unit" means a
county, city, town, township, or school corporation.
SECTION 15. IC 8-1-2-61, AS AMENDED BY P.L.94-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 61. (a) Any public utility may make complaint as
to any matter affecting its own rates or service. The petition or
complaint must include a statement as to whether the utility, if a
not-for-profit water utility or municipal utility, has any outstanding
indebtedness to the federal government. The public utility shall publish
a notice of the filing of such petition or complaint in a newspaper of
general circulation published in any county in which the public utility
renders service. An order affecting rates or service may be entered by
the commission without a formal public hearing, if:
(1) the utility is a not-for-profit water utility or a municipal utility;
and
(2) the utility has obtained written consent to obtain an order
affecting its rates from the commission without a formal hearing
from any agency of the federal government with which the utility
has outstanding evidence of indebtedness to the federal
government.
The commission may, however, on its own motion require a formal
public hearing, and shall, upon a motion filed by the utility consumer
counselor, by any public or municipal corporation, or by ten (10)
individuals, firms, corporations, limited liability companies, or
HEA 1278 — Concur 15
associations, or ten (10) complainants of all or any of these classes,
hold a formal public hearing with respect to any such petition or
complaint.
(b) In any general rate proceeding under subsection (a) which
requires a public hearing and in which an increase in revenues is
sought which exceeds the sum of two million five hundred thousand
dollars ($2,500,000), the commission shall conduct at least one (1)
public hearing in one (1) of the following, as determined by the
commission:
(1) The largest municipality located within such the utility's
service area.
(2) The municipality containing the largest number of
customers served by the utility.
(3) The county containing the largest number of customers
served by the utility.
(c) In a proceeding brought by an energy utility (as defined in
IC 8-1-2.5-2) under this section, the commission may approve:
(1) time-varying price structures and tariffs; or
(2) other alternative pricing structures and tariffs;
for retail energy service (as defined in IC 8-1-2.5-3), such as
time-of-use or off-peak pricing, critical peak pricing, variable peak
pricing, and real-time pricing.
SECTION 16. IC 8-1-8.8-13 IS REPEALED [EFFECTIVE JULY
1, 2024]. Sec. 13. An eligible business shall file a monthly report with
the lieutenant governor stating the following information:
(1) The amount of Illinois Basin coal, if any, purchased during the
previous month for use in a new energy production or generating
facility.
(2) The amount of any fuel or energy produced by:
(A) a coal gasification facility; or
(B) a nuclear energy production or generating facility;
that is purchased by the eligible business during the previous
month.
(3) Any other information the lieutenant governor may reasonably
require.
SECTION 17. IC 8-1-13-38 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 38. (a) Any corporation
may make complaint as to any matter affecting its own rates or service.
The corporation shall publish a notice of the filing of the petition or
complaint in a newspaper of general circulation published in any
county in which the corporation renders service. An order affecting
rates or service may be entered by the commission without a formal
HEA 1278 — Concur 16
public hearing, if the corporation has obtained written consent to obtain
an order affecting its rates from the commission without a formal
hearing from any agency of the federal government with which the
corporation has outstanding evidence of indebtedness to the federal
government. The commission may, however, on its own motion require
a formal public hearing, and shall, upon a motion filed by the utility
consumer counselor, by any public or municipal corporation, by ten
(10) individuals, firms, corporations, limited liability companies, or
associations, or by ten (10) complainants of any or all of these classes,
hold a formal public hearing with respect to any petition or complaint.
(b) In any general rate proceeding under subsection (a) which
requires a public hearing and in which an increase in revenues is
sought which exceeds the sum of two million five hundred thousand
dollars ($2,500,000), the commission shall conduct at least one (1)
public hearing in one (1) of the following, as determined by the
commission:
(1) The largest municipality located within the corporation's
service area.
(2) The municipality containing the largest number of
customers served by the corporation.
(3) The county containing the largest number of customers
served by the corporation.
SECTION 18. IC 8-1-13.1-5 IS REPEALED [EFFECTIVE JULY
1, 2024]. Sec. 5. As used in this chapter, "director" refers to the director
of the office of alternative energy incentives serving under section 9(b)
of this chapter.
SECTION 19. IC 8-1-13.1-6 IS REPEALED [EFFECTIVE JULY
1, 2024]. Sec. 6. As used in this chapter, "fund" refers to the alternative
energy incentive fund established by section 10 of this chapter.
SECTION 20. IC 8-1-13.1-7 IS REPEALED [EFFECTIVE JULY
1, 2024]. Sec. 7. As used in this chapter, "office" refers to the office of
alternative energy incentives established by section 9 of this chapter.
SECTION 21. IC 8-1-13.1-9 IS REPEALED [EFFECTIVE JULY
1, 2024]. Sec. 9. (a) The office of alternative energy incentives is
established within the Indiana office of energy development established
by IC 4-3-23-3.
(b) The:
(1) director of the Indiana office of energy development; or
(2) designee of the Indiana office of energy development, who
must be qualified by knowledge of or experience in the electric
utility industry;
shall serve as the director of the office.
HEA 1278 — Concur 17
(c) The director:
(1) serves at the pleasure of and is responsible to the director of
the Indiana office of energy development, if the director is a
designee of the director of the Indiana office of energy
development;
(2) may receive compensation in an amount determined by the
director of the Indiana office of energy development, subject to
the approval of the budget agency, if the director is a designee of
the director of the Indiana office of energy development;
(3) serves as the chief executive and administrative officer of the
office; and
(4) may, to the extent appropriate, delegate the director's authority
under this chapter, subject to the approval of:
(A) the director of the Indiana office of energy development,
if the director is a designee of the director of the Indiana office
of energy development; and
(B) the budget agency.
(d) The director of the Indiana office of energy development may:
(1) establish; and
(2) appoint members to;
an advisory board to advise the office in the administration of this
chapter.
SECTION 22. IC 8-1-13.1-10 IS REPEALED [EFFECTIVE JULY
1, 2024]. Sec. 10. (a) The alternative energy incentive fund is
established for the purpose of providing funds to corporations for use
in the development of alternative energy projects. The fund shall be
administered by the office.
(b) The fund consists of:
(1) money appropriated to the fund by the general assembly;
(2) money received from state or federal grants or programs for
alternative energy projects; and
(3) donations, gifts, and money received from any other source,
including transfers from other funds or accounts.
(c) Money in the fund is continuously appropriated for the purposes
of this section.
(d) Money in the fund may be spent only in accordance with this
chapter and to carry out the purposes of this chapter.
(e) The expenses of administering the fund shall be paid from
money in the fund.
(f) Notwithstanding IC 5-13, the treasurer of state shall invest the
money in the fund not currently needed to meet the obligations of the
fund in the same manner as money is invested by the Indiana public
HEA 1278 — Concur 18
retirement system under IC 5-10.3-5. The treasurer of state may
contract with investment management professionals, investment
advisers, and legal counsel to assist in the investment of the fund and
may pay the expenses incurred under those contracts from the fund.
Interest that accrues from these investments shall be deposited in the
fund.
(g) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
SECTION 23. IC 21-47-1-2 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 2. "Center", for purposes of IC 21-47-4, refers to the center
for coal technology research established by IC 21-47-4-1.
SECTION 24. IC 21-47-1-3 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 3. "Fund", for purposes of IC 21-47-4, refers to the coal
technology research fund established by IC 21-47-4-5.
SECTION 25. IC 21-47-4 IS REPEALED [EFFECTIVE JULY 1,
2024]. (Center for Coal Technology Research).
HEA 1278 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1278 — Concur