Indiana 2025 Regular Session

Indiana House Bill HB1420 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1420
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 8-1-2.
7	7	Synopsis: Sustainably sited generation projects. Amends the five
8	8	statutory attributes of Indiana electric utility service policy to include
9	9	sustainable siting of electric generation facility construction. Specifies
10	10	attributes of a sustainably sited electric generation facility construction
11	11	project.
12	12	Effective: July 1, 2025.
13	13	Culp
14	14	January 13, 2025, read first time and referred to Committee on Utilities, Energy and
15	15	Telecommunications.
16	16	2025 IN 1420—LS 7321/DI 119 Introduced
17	17	First Regular Session of the 124th General Assembly (2025)
18	18	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
19	19	Constitution) is being amended, the text of the existing provision will appear in this style type,
20	20	additions will appear in this style type, and deletions will appear in this style type.
21	21	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
22	22	provision adopted), the text of the new provision will appear in this style type. Also, the
23	23	word NEW will appear in that style type in the introductory clause of each SECTION that adds
24	24	a new provision to the Indiana Code or the Indiana Constitution.
25	25	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
26	26	between statutes enacted by the 2024 Regular Session of the General Assembly.
27	27	HOUSE BILL No. 1420
28	28	A BILL FOR AN ACT to amend the Indiana Code concerning
29	29	utilities.
30	30	Be it enacted by the General Assembly of the State of Indiana:
31	31	1 SECTION 1. IC 8-1-2-0.6, AS ADDED BY P.L.55-2023, SECTION
32	32	2 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
33	33	3 2025]: Sec. 0.6. The general assembly declares that it is the continuing
34	34	4 policy of the state that decisions concerning Indiana's electric
35	35	5 generation resource mix, energy infrastructure, and electric service
36	36	6 ratemaking constructs must consider each of the following attributes of
37	37	7 electric utility service:
38	38	8 (1) Reliability, including:
39	39	9 (A) the adequacy of electric utility service, including the
40	40	10 ability of the electric system to supply the aggregate electrical
41	41	11 demand and energy requirements of end use customers at all
42	42	12 times, taking into account:
43	43	13 (i) scheduled; and
44	44	14 (ii) reasonably expected unscheduled;
45	45	15 outages of system elements; and
46	46	16 (B) the operating reliability of the electric system, including
47	47	17 the ability of the electric system to withstand sudden
48	48	2025 IN 1420—LS 7321/DI 119 2
49	49	1 disturbances such as electric short circuits or unanticipated
50	50	2 loss of system components.
51	51	3 (2) Affordability, including ratemaking constructs that result in
52	52	4 retail electric utility service that is affordable and competitive
53	53	5 across residential, commercial, and industrial customer classes.
54	54	6 (3) Resiliency, including the ability of the electric system or its
55	55	7 components to:
56	56	8 (A) adapt to changing conditions; and
57	57	9 (B) withstand and rapidly recover from disruptions or
58	58	10 off-nominal events.
59	59	11 (4) Stability, including the ability of the electric system to:
60	60	12 (A) maintain a state of equilibrium during:
61	61	13 (i) normal and abnormal conditions; or
62	62	14 (ii) disturbances; and
63	63	15 (B) deliver a stable source of electricity, in which frequency
64	64	16 and voltage are maintained within defined parameters,
65	65	17 consistent with industry standards.
66	66	18 (5) Environmental sustainability, including:
67	67	19 (A) the impact of environmental regulations on the cost of
68	68	20 providing electric utility service; and
69	69	21 (B) demand from consumers for environmentally sustainable
70	70	22 sources of electric generation; and
71	71	23 (C) sustainably sited generation projects.
72	72	24 SECTION 2. IC 8-1-2-1, AS AMENDED BY P.L.145-2015,
73	73	25 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
74	74	26 JULY 1, 2025]: Sec. 1. (a) Except as provided in section 1.1 of this
75	75	27 chapter, "public utility", as used in this chapter, means every
76	76	28 corporation, company, partnership, limited liability company,
77	77	29 individual, association of individuals, their lessees, trustees, or
78	78	30 receivers appointed by a court, that may own, operate, manage, or
79	79	31 control any plant or equipment within the state for the:
80	80	32 (1) conveyance of telegraph or telephone messages;
81	81	33 (2) production, transmission, delivery, or furnishing of heat, light,
82	82	34 water, or power; or
83	83	35 (3) collection, treatment, purification, and disposal in a sanitary
84	84	36 manner of liquid and solid waste, sewage, night soil, and
85	85	37 industrial waste.
86	86	38 The term does not include a municipality that may acquire, own, or
87	87	39 operate any of the foregoing facilities.
88	88	40 (b) "Municipal council", as used in this chapter, means the
89	89	41 legislative body of any town or city in Indiana wherein the property of
90	90	42 the public utility or any part thereof is located.
91	91	2025 IN 1420—LS 7321/DI 119 3
92	92	1 (c) "Municipality", as used in this chapter, means any city or town
93	93	2 of Indiana.
94	94	3 (d) "Rate", as used in this chapter, means every individual or joint
95	95	4 rate, fare, toll, charge, rental, or other compensation of any utility or
96	96	5 any two (2) or more such individual or joint rates, fares, tolls, charges,
97	97	6 rentals, or other compensation of any utility or any schedule or tariff
98	98	7 thereof, but nothing in this subsection shall give the commission any
99	99	8 control, jurisdiction, or authority over the rate charged by a municipally
100	100	9 owned utility except as in this chapter expressly provided.
101	101	10 (e) "Service" is used in this chapter in its broadest and most
102	102	11 inclusive sense and includes not only the use or accommodation
103	103	12 afforded consumers or patrons but also any product or commodity
104	104	13 furnished by any public or other utility and the plant, equipment,
105	105	14 apparatus, appliances, property, and facility employed by any public or
106	106	15 other utility in performing any service or in furnishing any product or
107	107	16 commodity and devoted to the purposes in which such public or other
108	108	17 utility is engaged and to the use and accommodation of the public.
109	109	18 (f) "Commission", as used in this chapter, means the commission
110	110	19 created by IC 8-1-1-2.
111	111	20 (g) "Utility", as used in this chapter, means every plant or equipment
112	112	21 within the state used for:
113	113	22 (1) the conveyance of telegraph and telephone messages;
114	114	23 (2) the production, transmission, delivery, or furnishing of heat,
115	115	24 light, water, or power, either directly or indirectly to the public;
116	116	25 or
117	117	26 (3) collection, treatment, purification, and disposal in a sanitary
118	118	27 manner of liquid and solid waste, sewage, night soil, and
119	119	28 industrial waste.
120	120	29 The term does not include a municipality that may acquire, own, or
121	121	30 operate facilities for the collection, treatment, purification, and disposal
122	122	31 in a sanitary manner of liquid and solid waste, sewage, night soil, and
123	123	32 industrial waste. A warehouse owned or operated by any person, firm,
124	124	33 limited liability company, or corporation engaged in the business of
125	125	34 operating a warehouse business for the storage of used household
126	126	35 goods is not a public utility within the meaning of this chapter.
127	127	36 (h) "Municipally owned utility", as used in this chapter, includes
128	128	37 every utility owned or operated by a municipality.
129	129	38 (i) "Indeterminate permit", as used in this chapter, means every
130	130	39 grant, directly or indirectly from the state, to any corporation, company,
131	131	40 partnership, limited liability company, individual, association of
132	132	41 individuals, their lessees, trustees, or receivers appointed by a court, of
133	133	42 power, right, or privilege to own, operate, manage, or control any plant
134	134	2025 IN 1420—LS 7321/DI 119 4
135	135	1 or equipment, or any part of a plant or equipment, within this state, for
136	136	2 the:
137	137	3 (1) production, transmission, delivery, or furnishing of heat, light,
138	138	4 water, or power, either directly or indirectly to or for the public;
139	139	5 (2) collection, treatment, purification, and disposal in a sanitary
140	140	6 manner of liquid and solid waste, sewage, night soil, and
141	141	7 industrial waste; or
142	142	8 (3) furnishing of facilities for the transmission of intelligence by
143	143	9 electricity between points within this state;
144	144	10 which shall continue in force until such time as the municipality shall
145	145	11 exercise its right to purchase, condemn, or otherwise acquire the
146	146	12 property of such public utility, as provided in this chapter, or until it
147	147	13 shall be otherwise terminated according to law.
148	148	14 (j) "Communications service provider", as used in this chapter, has
149	149	15 the meaning set forth in IC 8-1-2.6-13.
150	150	16 (k) "Sustainably sited generation project", as used in this
151	151	17 chapter, means a project for construction of an electric generation
152	152	18 facility that takes into consideration the community, economic, and
153	153	19 environmental effects of the project, including through:
154	154	20 (1) avoiding and mitigating direct effects of the project on the
155	155	21 environment and natural resources;
156	156	22 (2) community outreach in the area in which the project will
157	157	23 be conducted, including:
158	158	24 (A) holding public meetings in which the proposed benefits
159	159	25 of the project are explained before construction begins;
160	160	26 (B) engaging in community education initiatives; and
161	161	27 (C) verifying to the community the project's compliance
162	162	28 with applicable state and federal environmental laws;
163	163	29 (3) incorporation of dual use planning that co-locates
164	164	30 renewable energy or other infrastructure with natural
165	165	31 resources or agricultural land;
166	166	32 (4) prioritizing use of developed land and avoiding use of
167	167	33 ecologically sensitive and natural areas;
168	168	34 (5) avoiding siting on soil identified by the United States
169	169	35 Department of Agriculture's Natural Resources Conservation
170	170	36 Service as an Indiana soil of statewide significance; and
171	171	37 (6) siting within the boundaries of existing electric
172	172	38 transmission lines.
173	173	2025 IN 1420—LS 7321/DI 119