Bill Text: IN HB1094 | 2010 | Regular Session | Engrossed
Bill Title: Net metering.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2010-02-23 - Committee report: amend do pass, adopted [HB1094 Detail]
Download: Indiana-2010-HB1094-Engrossed.html
Citations Affected: IC 8-1.
Synopsis: Net metering. Requires the utility regulatory commission
(IURC) to adopt emergency rules amending the IURC's net metering
rules for electric utilities. Provides that the amended rules must: (1)
allow certain net metering customers to interconnect facilities that
generate energy from certain renewable energy resources; (2) make net
metering available to all customer classes; (3) establish a maximum
nameplate capacity for all customer classes; (4) require certain net
metering customers to pay all interconnection costs; (5) establish
certain billing requirements; and (6) permit an electric utility to
establish in its proposed tariff net metering standards that exceed the
standards set forth by the IURC. Provides that the amended rules do not
apply to existing net metering agreements and may not permit meter
aggregation. Requires the IURC to notify the publisher of the Indiana
administrative code to the extent the existing rules do not comply with
the requirements for the amended rules. Requires the IURC to report
to the regulatory flexibility committee on: (1) the IURC's progress in
adopting the amended rules; and (2) beginning not later than July 1,
2016, the impact of technological advances on the IURC's net metering
rules.
Effective: Upon passage; July 1, 2010.
(SENATE SPONSORS _ MERRITT, ERRINGTON, BREAUX)
January 5, 2010, read first time and referred to Committee on Commerce, Energy,
Technology and Utilities.
January 25, 2010, amended, reported _ Do Pass.
February 1, 2010, read second time, amended, ordered engrossed.
February 2, 2010, engrossed. Read third time, passed. Yeas 78, nays 21.
February 8, 2010, read first time and referred to Committee on Utilities and Technology.
February 23, 2010, amended, reported favorably _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning
utilities.
(b) Subject to subsections (d) and (e) and not later than July 1, 2011, the commission shall adopt rules to amend the net metering rules adopted by the commission and codified at 170 IAC 4-4.2. The commission shall adopt the rules required by this subsection in the same manner as emergency rules are adopted under IC 4-22-2-37.1. The rules adopted by the commission under this subsection must do the following:
(1) Require an electric utility to offer net metering to all customer classes.
(2) Allow a net metering customer to interconnect a facility that generates electricity from a renewable energy resource (as defined in IC 8-1-8.8-10).
(3) Establish a maximum nameplate capacity for each net metering customer class for purposes of interconnecting a generating facility to an electric utility's distribution facility. In establishing the nameplate capacity for each customer class, the commission must consider the rate impact on, and potential subsidy by, the members of the customer class.
(4) Allow a net metering customer to interconnect to an electric utility's distribution facility a generating system that is sized to meet all or part of, but not to exceed, the customer's electric load.
(5) For net metering customers (other than residential customers that own and operate, and schools used for any grade from kindergarten through grade 12 that own and operate, a generating facility that has a nameplate capacity less than or equal to ten (10) kilowatts (kW)), require a net metering customer to pay all costs and fees associated with interconnecting the customer's net metering facility.
(6) For net metering customers (other than residential customers that own and operate, and schools used for any grade from kindergarten through grade 12 that own and operate, a generating facility that has a nameplate capacity less than or equal to ten (10) kilowatts (kW)) that own and operate a generating facility that has a nameplate capacity less than or equal to two hundred (200) kilowatts (kW), provide the following for billing purposes:
(A) Provide that if the amount of electricity generated during a billing cycle by the net metering customer and delivered to the electric utility exceeds the amount of electricity delivered during the same billing cycle by the electric utility to the net metering customer, the electric utility shall credit the difference between the amounts, measured in kilowatt hours, to the net metering customer in the next billing cycle.
(B) Provide that any remaining credit determined under clause (A) reverts to the utility:
(i) in the billing cycle that begins twelve (12) months after the billing cycle in which the credit is originally determined; and
(ii) when the net metering customer becomes ineligible or otherwise stops participating in the electric utility's net metering tariff.
(7) For net metering customers that own and operate a
generating facility that has a nameplate capacity greater than
two hundred (200) kilowatts (kW), provide that the kilowatt
hours generated by a net metering customer and delivered to
an electric utility may not exceed the kilowatt hours supplied
by the electric utility to the net metering customer during a
billing period.
(8) Allow an electric utility to establish in its proposed tariff
net metering standards that exceed the standards set forth in
the rules adopted under this subsection.
In adopting rules under this subsection, the commission shall
consider the impact of interconnecting a net metering facility to an
electric utility's distribution facility on the safe and reliable
operation of the electric utility's electric grid system and on the
safety of the electric utility's employees, agents, and contractors.
(c) Emergency rules adopted under subsection (b) may not:
(1) apply to net metering agreements entered into before the
effective date of this section; or
(2) permit meter aggregation by a net metering customer.
(d) Rules adopted under subsection (b) expire on:
(1) the date the rules are adopted by the commission under
IC 4-22-2-24 through IC 4-22-2-36; or
(2) January 1, 2013;
whichever is earlier.
(e) Not later than January 15, 2011, the commission shall:
(1) evaluate the net metering rules adopted by the commission
and codified at 170 IAC 4-4.2 for compliance with the
requirements set forth in subsections (b) and (c); and
(2) notify the publisher of the Indiana Administrative Code
and Indiana Register of any rules codified at 170 IAC 4-4.2
that do not comply with the requirements set forth in
subsection (b) or (c).
The publisher shall remove the rules that do not comply with this
subsection from the Indiana Administrative Code.
(f) Not later than November 1, 2011, the commission shall report
to the regulatory flexibility committee established by IC 8-1-2.6-4
on the commission's progress under subsection (d)(1) in finally
adopting, under IC 4-22-2-24 through IC 4-22-2-36, the emergency
rules initially adopted by the commission under subsection (b).
(g) This section expires July 1, 2013.
established to monitor competition in the telecommunications industry.
(b) The committee is composed of the members of a house standing
committee selected by the speaker of the house of representatives and
a senate standing committee selected by the president pro tempore of
the senate. In selecting standing committees under this subsection, the
speaker and president pro tempore shall determine which standing
committee of the house of representatives and the senate, respectively,
has subject matter jurisdiction that most closely relates to the
electricity, gas, energy policy, and telecommunications jurisdiction of
the regulatory flexibility committee. The chairpersons of the standing
committees selected under this subsection shall co-chair the regulatory
flexibility committee.
(c) The commission shall, by July 1 of each year, prepare for
presentation to the regulatory flexibility committee a report that
includes the following:
(1) An analysis of the effects of competition and technological
change on universal service and on pricing of all
telecommunications services offered in Indiana.
(2) An analysis of the status of competition and technological
change in the provision of video service (as defined in
IC 8-1-34-14) to Indiana customers, as determined by the
commission in carrying out its duties under IC 8-1-34. The
commission's analysis under this subdivision must include a
description of:
(A) the number of multichannel video programming
distributors offering video service to Indiana customers;
(B) the technologies used to provide video service to Indiana
customers; and
(C) the effects of competition on the pricing and availability of
video service in Indiana.
(3) Beginning with the report due July 1, 2007, and in each report
due in an odd-numbered year after July 1, 2007:
(A) an identification of all telecommunications rules and
policies that are eliminated by the commission under section
4.1 of this chapter during the two (2) most recent state fiscal
years; and
(B) an explanation why the telecommunications rules and
policies identified under clause (A) are no longer in the public
interest or necessary to protect consumers.
(4) Beginning with the report due July 1, 2010, best practices
concerning vertical location of underground facilities for purposes
of IC 8-1-26. A report under this subdivision must address the
viability and economic feasibility of technologies used to
vertically locate underground facilities.
(5) Beginning with the report due July 1, 2016, and in each
report due every five (5) years thereafter, an analysis of the
impact of changes and advances in technology on the net
metering rules adopted by the commission and codified at 170
IAC 4-4.2.
(d) In addition to reviewing the commission report prepared under
subsection (c), the regulatory flexibility committee shall also issue a
report and recommendations to the legislative council by November 1
of each year that is based on a review of the following issues:
(1) The effects of competition and technological change in the
telecommunications industry and impact of competition on
available subsidies used to maintain universal service.
(2) The status of modernization of the publicly available
telecommunications infrastructure in Indiana and the incentives
required to further enhance this infrastructure.
(3) The effects on economic development and educational
opportunities of the modernization described in subdivision (2).
(4) The current methods of regulating providers, at both the
federal and state levels, and the effectiveness of the methods.
(5) The economic and social effectiveness of current
telecommunications service pricing.
(6) All other telecommunications issues the committee deems
appropriate.
The report and recommendations issued under this subsection to the
legislative council must be in an electronic format under IC 5-14-6.
(e) The regulatory flexibility committee shall meet on the call of the
co-chairpersons to study telecommunications issues described in
subsection (d). The committee shall, with the approval of the
commission, retain the independent consultants the committee
considers appropriate to assist the committee in the review and study.
The expenses for the consultants shall be paid by the commission.
