Indiana House Bill 1173 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Republican 7-0)
Status: Passed on May 4 2023 - 100% progression
Action: 2023-05-04 - Public Law 217
Text: Latest bill text (Enrolled) [PDF]

Utility scale battery energy storage systems. Provides that a person may not: (1) construct a new utility scale battery energy storage system (BESS); or (2) expand the capacity of an existing BESS by more than 10% of the system's original capacity; without the prior approval of the department of homeland security (department). Sets forth information that must be included in an application to the department for approval of the construction or expansion of a BESS. Provides that: (1) a BESS for which installation is subject to department approval; and (2) an installation added to an existing BESS in an expansion for which department approval is required; must comply with the National Fire Protection Association's standard concerning stationary energy storage systems (NFPA 855). Provides that the total capacity of the batteries contained within a single enclosure in: (1) a BESS for which installation is subject to department approval; and (2) an installation added to an existing BESS in an expansion for which department approval is required; may not exceed 10 megawatt hours unless authorized under rules adopted by the fire prevention and building safety commission (commission). Provides that if a BESS installed after June 30, 2023, is located less than 1/2 mile from the nearest 100 year flood plain, all of the system's equipment must be located at least two feet above the 100 year frequency flood elevation. Requires the operator of a BESS to: (1) provide a copy of the operator's emergency response plan for the BESS; and (2) offer training to enable effective response to a fire or contaminant discharge at the BESS; to the fire department responsible for providing fire protection services in the area in which the BESS is located. Authorizes the commission to adopt rules to specify standards for the installation and operation of a BESS. Provides that the commission's rules: (1) must be consistent with NFPA 855; and (2) must include standards for: (A) chemical spill prevention and control; and (B) appropriate setbacks from surface water resources. Requires the department to issue to the interim study committee on energy, utilities, and telecommunication, not later than November 1, 2023, a report regarding the progress of the commission in adopting rules addressing the installation and operation of a BESS.

Utility scale battery energy storage systems.

Rep. Jim Pressel [R]	Rep. Edmond Soliday [R]	Rep. Robert Morris [R]	Sen. Eric Koch [R]
Sen. Chris Garten [R]	Sen. Mike Bohacek [R]	Sen. Jean Leising [R]

2023-04-24 - Senate - Senate - Conference Committee Report 1 (Y: 46 N: 0 NV: 4 Abs: 0) [PASS]
2023-04-24 - House - House - (Y: 94 N: 0 NV: 1 Abs: 5) [PASS]
2023-03-28 - Senate - Senate - Third reading (Y: 49 N: 0 NV: 0 Abs: 1) [PASS]
2023-02-14 - House - House - Third reading (Y: 95 N: 0 NV: 2 Abs: 3) [PASS]

Date	Chamber	Action
2023-05-04	House	Public Law 217
2023-05-04	House	Signed by the Governor
2023-05-01	House	Signed by the Speaker
2023-04-28	Senate	Signed by the President of the Senate
2023-04-28	Senate	Signed by the President Pro Tempore
2023-04-24	House	Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 484: yeas 94, nays 0
2023-04-24	Senate	Conference Committee Report 1: adopted by the Senate; Roll Call 471: yeas 46, nays 0
2023-04-20	Senate	CCR # 1 filed in the Senate
2023-04-20	House	CCR # 1 filed in the House
2023-04-13	Senate	Senate advisors appointed: Hunley, Garten and Bohacek
2023-04-13	Senate	Senate conferees appointed: Koch and Ford J.D.
2023-04-06	House	House advisors appointed: Soliday, Morris, Hall and Hamilton
2023-04-06	House	House conferees appointed: Pressel and Pierce M
2023-04-06	House	House dissented from Senate amendments
2023-04-06	House	Motion to dissent filed
2023-03-29	Senate	Returned to the House with amendments
2023-03-28	Senate	Senator Leising added as cosponsor
2023-03-28	Senate	Third reading: passed; Roll Call 268: yeas 49, nays 0
2023-03-27	Senate	Second reading: ordered engrossed
2023-03-23	Senate	Committee report: amend do pass, adopted
2023-03-13	Senate	Senator Bohacek added as cosponsor
2023-02-27	Senate	First reading: referred to Committee on Homeland Security and Transportation
2023-02-15	House	Referred to the Senate
2023-02-14	House	Third reading: passed; Roll Call 122: yeas 95, nays 0
2023-02-14	House	Senate sponsors: Senators Koch and Garten
2023-02-13	House	Second reading: ordered engrossed
2023-02-09	House	Committee report: amend do pass, adopted
2023-01-10	House	First reading: referred to Committee on Utilities, Energy and Telecommunications
2023-01-10	House	Authored by Representative Pressel
2023-01-10	House	Coauthored by Representatives Soliday and Morris

Type	Source
Summary	https://iga.in.gov/legislative/2023/bills/house/1173/details
Text	https://iga.in.gov/legislative/2023/bills/house/1173/#1.INTR
Text	https://iga.in.gov/legislative/2023/bills/house/1173/#2.COMH
Text	https://iga.in.gov/legislative/2023/bills/house/1173/#3.COMS
Text	https://iga.in.gov/legislative/2023/bills/house/1173/#4.ENRS
Roll Call	https://iga.in.gov/legislative/2023/bills/house/1173/#H122
Roll Call	https://iga.in.gov/legislative/2023/bills/house/1173/#S268
Roll Call	https://iga.in.gov/legislative/2023/bills/house/1173/#H484
Roll Call	https://iga.in.gov/legislative/2023/bills/house/1173/#S471