Bill Text: IN HB1094 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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Introduced Version

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HOUSE BILL No. 1094

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DIGEST OF INTRODUCED BILL

Citations Affected: None (noncode).

Synopsis: Net metering. Requires the utility regulatory commission (IURC) to adopt emergency rules amending the IURC's net metering and interconnection rules for electric utilities. Provides that the amended rules must: (1) make net metering available to all customer classes; (2) allow specified customer classes to interconnect generating facilities with specified nameplate capacities to a distribution facility of an electric utility; and (3) allow a net metering customer to interconnect a generating facility that makes use of specified technologies. Provides that the existing rules are void to the extent they do not comply with the requirements for the amended rules. Requires the IURC to report to the regulatory flexibility committee on the IURC's progress in adopting the amended rules.

Effective: Upon passage.

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Dvorak

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    January 5, 2010, read first time and referred to Committee on Commerce, Energy, Technology and Utilities.

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Introduced

Second Regular Session 116th General Assembly (2010)

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 2009 Regular and Special Sessions of the General Assembly.

HOUSE BILL No. 1094

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    A BILL FOR AN ACT concerning utilities.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: ; (10)IN1094.1.1. -->     SECTION 1. [EFFECTIVE UPON PASSAGE] (a) As used in this SECTION, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2.
    (b) Subject to subsections (c) and (d) and not later than July 1, 2010, the commission shall adopt rules to amend the net metering and interconnection rules adopted by the commission and codified at 170 IAC 4-4.2 and 170 IAC 4-4.3. 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 to an electric utility's distribution facility a generating facility with a nameplate capacity of:
            (A) twenty (20) kilowatts or less, in the case of a residential customer;

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            (B) two hundred (200) kilowatts or less, in the case of a commercial customer other than an industrial customer;
            (C) two (2) megawatts or less, in the case of:
                (i) an industrial customer; or
                (ii) an agricultural customer; or
            (D) five (5) megawatts or less, in the case of any of the following customers:
                (i) The state.
                (ii) A unit (as defined in IC 36-1-2-23).
                (iii) An elementary or a secondary school attended by students in kindergarten or grades 1 through 12.
                (iv) A school corporation (as defined in IC 20-43-1-23).
                (v) A postsecondary educational institution (as described in IC 6-3-3-5).
        (3) Allow a net metering customer to interconnect a facility that generates electricity through any of the following technologies:
            (A) Solar.
            (B) Wind.
            (C) Microhydroelectric facilities.
            (D) Hydroelectric facilities at dams existing before January 1, 2010.
            (E) Microturbines using renewable fuels.
            (F) Fuel cells using renewable fuels.
            (G) Biogas, including anaerobic digestion.
            (H) Methane from landfills.
    (c) 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, 2012;
whichever is earlier.
    (d) Not later than June 1, 2010, the commission shall evaluate the net metering and interconnection rules adopted by the commission and codified at 170 IAC 4-4.2 and 170 IAC 4-4.3 for compliance with the requirements set forth in subsection (b). To the extent that any rules codified at 170 IAC 4-4.2 and 170 IAC 4-4.3 do not meet the requirements set forth in subsection (b), the rules are void. Not later than June 15, 2010, the commission shall notify the publisher of the Indiana Administrative Code and Indiana Register of any rules codified at 170 IAC 4-4.2 and 170 IAC 4-4.3 that are void under this subsection. The publisher shall remove the rules that are void under this subsection from the

Indiana Administrative Code.
    (e) Not later than November 1, 2010, the commission shall report to the regulatory flexibility committee established by IC 8-1-2.6-4 on the commission's progress under subsection (c)(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).
    (f) This SECTION expires January 1, 2012.

SOURCE: ; (10)IN1094.1.2. -->     SECTION 2. An emergency is declared for this act.