Indiana Senate Bill 9 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Republican 8-0)
Status: Passed on March 22 2023 - 100% progression
Action: 2023-03-22 - Public Law 2
Text: Latest bill text (Enrolled) [PDF]

Energy utilities. Amends the Indiana Code chapter concerning federally mandated requirements for energy utilities as follows: (1) Specifies that for purposes of the statute, "federally mandated costs" include the following: (A) Costs that an energy utility has incurred, or estimates that it will incur, in connection with a compliance project. (B) Costs that are directly related to the preparation and conduct of a regulatory proceeding. (C) Costs related to a compliance project and incurred by an energy utility before the date of: (i) the energy utility's application to the Indiana utility regulatory commission (IURC) for a certificate of public convenience and necessity (certificate) with respect to the compliance project; or (ii) the IURC's order with respect to the application; if the IURC finds the costs are just and reasonable. (2) Provides that an energy utility's application for a certificate for a compliance project must be filed either: (A) before; or (B) within a reasonable time with respect to; any federally mandated compliance date. (3) Specifies that recovery of the 80% of IURC-approved federally mandated costs that an energy utility may recover through a rate adjustment mechanism must commence no earlier than: (A) the date of a final agency action regarding the federally mandated requirement; or (B) in the absence of a final agency action, the date on which the federally mandated requirement becomes effective. Requires a public utility to notify the IURC if: (1) the public utility intends or decides to retire, sell, or transfer an electric generation facility with a capacity of at least 80 megawatts; and (2) the retirement, sale, or transfer: (A) was not set forth in; or (B) is to take place on a date earlier than the date specified in; the public utility's short term action plan in the public utility's most recently filed integrated resource plan (IRP). Provides that upon receiving such notice from a public utility, the IURC shall consider and may investigate the public utility's intention or decision to retire, sell, or transfer the electric generation facility. Provides that in considering the public utility's intention or decision, the commission shall examine the impact the retirement, sale, or transfer would have on the public utility's ability to meet: (1) the public utility's planning reserve margin requirements or other federal reliability requirements; and (2) the reliability adequacy metrics set forth in Indiana law. Provides that if the retirement, sale, or transfer was not set forth in, or is to take place earlier than specified in, the public utility's short term action plan in the public utility's most recently filed IRP, the IURC shall not permit the public utility's depreciation rates to be amended to reflect the accelerated date for the retirement, sale, or transfer of the electric generation asset unless the IURC finds that such an adjustment is necessary to ensure the ability of the public utility to provide reliable service to its customers, and that the unamended depreciation rates would cause an unjust and unreasonable impact on the public utility and its ratepayers. Authorizes the IURC to adopt a general administrative order to implement these provisions. Provides that these provisions: (1) do not apply to: (A) the retirement, sale, or transfer of a public utility's electric generation facility if the retirement, sale, or transfer is necessary for the public utility to comply with a federal consent decree; or (B) an electric generation facility that generates electricity for sale exclusively to the wholesale market; and (2) expire July 1, 2026.

Energy utilities.

Sen. Jean Leising [R]	Sen. Eric Koch [R]	Sen. Susan Glick [R]	Sen. James Tomes [R]
Sen. Vaneta Becker [R]	Rep. Edmond Soliday [R]	Rep. Ethan Manning [R]	Rep. Randall Frye [R]

2023-03-21 - Senate - Senate - Senate concurred in House amendments (Y: 29 N: 12 NV: 5 Abs: 4) [PASS]
2023-03-20 - House - House - Third reading (Y: 65 N: 28 NV: 1 Abs: 6) [PASS]
2023-03-16 - House - House - Amendment #1 (Pierce) failed (Y: 29 N: 60 NV: 2 Abs: 9) [FAIL]
2023-02-28 - Senate - Senate - Third reading (Y: 40 N: 9 NV: 0 Abs: 1) [PASS]

Date	Chamber	Action
2023-03-22	Senate	Public Law 2
2023-03-22	Senate	Signed by the Governor
2023-03-22	Senate	Signed by the President of the Senate
2023-03-22	House	Signed by the Speaker
2023-03-21	Senate	Senator Randolph removed as coauthor
2023-03-21	Senate	Senate concurred in House amendments; Roll Call 247: yeas 29, nays 12
2023-03-21	Senate	Motion to concur filed
2023-03-21	House	Returned to the Senate with amendments
2023-03-21	Senate	Signed by the President Pro Tempore
2023-03-20	House	Third reading: passed; Roll Call 270: yeas 64, nays 29
2023-03-16	House	Second reading: ordered engrossed
2023-03-16	House	Amendment #1 (Pierce) failed; Roll Call 265: yeas 29, nays 60
2023-03-16	House	Representative Frye added as cosponsor
2023-03-14	House	Committee report: amend do pass, adopted
2023-03-13	House	Representative Manning added as cosponsor
2023-03-06	House	First reading: referred to Committee on Utilities, Energy and Telecommunications
2023-03-01	Senate	Referred to the House
2023-02-28	Senate	Senator Becker added as coauthor
2023-02-28	Senate	House sponsor: Representative Soliday
2023-02-28	Senate	Third reading: passed; Roll Call 180: yeas 40, nays 9
2023-02-27	Senate	Senator Randolph added as coauthor
2023-02-27	Senate	Second reading: ordered engrossed
2023-02-23	Senate	Committee report: amend do pass, adopted
2023-01-26	Senate	Senator Tomes added as coauthor
2023-01-26	Senate	Senator Koch added as second author
2023-01-17	Senate	First reading: referred to Committee on Utilities
2023-01-17	Senate	Authored by Senators Leising and Glick

Type	Source
Summary	https://iga.in.gov/legislative/2023/bills/senate/9/details
Text	https://iga.in.gov/legislative/2023/bills/senate/9/#1.INTR
Text	https://iga.in.gov/legislative/2023/bills/senate/9/#2.COMS
Text	https://iga.in.gov/legislative/2023/bills/senate/9/#3.COMH
Text	https://iga.in.gov/legislative/2023/bills/senate/9/#4.ENRH
Roll Call	https://iga.in.gov/legislative/2023/bills/senate/9/#S180
Roll Call	https://iga.in.gov/legislative/2023/bills/senate/9/#H265
Roll Call	https://iga.in.gov/legislative/2023/bills/senate/9/#H270
Roll Call	https://iga.in.gov/legislative/2023/bills/senate/9/#S247