Bill Text: IN SB0510 | 2013 | Regular Session | Engrossed
Bill Title: Substitute natural gas (SNG) contracts.
Spectrum: Slight Partisan Bill (Republican 16-7)
Status: (Engrossed - Dead) 2013-04-10 - Amendment 19 (Lawson), prevailed; Roll Call 443: yeas 72, nays 22 [SB0510 Detail]
Download: Indiana-2013-SB0510-Engrossed.html
Reprinted
April 11, 2013
ENGROSSED
SENATE BILL No. 510
_____
DIGEST OF SB 510
(Updated April 10, 2013 4:08 pm - DI 103)
Citations Affected: IC 4-4; noncode.
(Continued next page)
Effective: Upon passage; May 15, 2013 (retroactive); May 15, 2013.
Eckerty,
Smith J, Boots, Banks,
Grooms, Holdman, Kruse, Leising,
Schneider, Steele, Walker, Waltz,
Young R Michael, Randolph, Stoops, Head, Landske, Arnold J, Young R, Skinner, Miller Pete, Breaux
(HOUSE SPONSORS _ CROUCH, LEONARD, BRAUN, DELANEY)
Young R Michael, Randolph, Stoops, Head, Landske, Arnold J, Young R, Skinner, Miller Pete, Breaux
(HOUSE SPONSORS _ CROUCH, LEONARD, BRAUN, DELANEY)
January 14, 2013, read first time and referred to Committee on Utilities.
February 21, 2013, amended, reported favorably _ Do Pass.
February 25, 2013, read second time, ordered engrossed. Engrossed.
February 26, 2013, read third time, passed. Yeas 47, nays 3.
HOUSE ACTION
March 5, 2013, read first time and referred to Committee on Utilities and Energy.
April 4, 2013, amended, reported _ Do Pass.
April 10, 2013, read second time, amended, ordered engrossed.
Digest Continued
producer of SNG to be a resident of Indiana, with certain exceptions. Requires the IURC to conduct an administrative review not later than May 25, 2013, to determine whether the Indiana finance authority or the general assembly should avoid a final purchase contract for SNG due to changing circumstances in the natural gas and coal markets. Requires the IURC to submit an advisory report of the administrative review to the governor and, in an electronic format, the legislative council. Provides that the advisory report is not subject to judicial review. Requires the IURC to study the sales price of natural gas and report the study results to the regulatory flexibility committee in an electronic format not later than November 1, 2013.
Reprinted
April 11, 2013
First Regular Session 118th General Assembly (2013)
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
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
ENGROSSED
SENATE BILL No. 510
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-4-11.6-14.5; (13)ES0510.2.1. -->
SECTION 1. IC 4-4-11.6-14.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE MAY 15, 2013]: Sec. 14.5. (a) At the same time the
authority submits a contract or other agreement to the commission
under section 14(b) of this chapter, all parties to the contract or
agreement shall submit the names and percentage interest of all
persons holding an ownership interest in any party to the contract
or agreement to the following:
(1) The commission.
(2) The governor.
(3) In an electronic format under IC 5-14-6, the general assembly.
The parties shall update the information not later than December 31 of each year until the contract or other agreement is performed in full.
(b) With respect to a contract or other agreement that is entered
into before May 15, 2013, the parties to the contract or agreement
(1) The commission.
(2) The governor.
(3) In an electronic format under IC 5-14-6, the general assembly.
The parties shall update the information not later than December 31 of each year until the contract or other agreement is performed in full.
shall submit the information as required under subsection (a)
beginning not later than July 1, 2013.
SOURCE: IC 4-4-11.6-31; (13)ES0510.2.2. -->
SECTION 2. IC 4-4-11.6-31 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE MAY
15, 2013 (RETROACTIVE)]: Sec. 31. (a) As used in this section,
"resident of Indiana" means a person who is at least eighteen (18)
years of age and is one (1) of the following:
(1) A person who has registered a motor vehicle in Indiana.
(2) A person who is registered to vote in Indiana.
(3) A person who has a child enrolled in an elementary or secondary school located in Indiana.
(4) A person who derives more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) from sources in Indiana, according to the provisions applicable to determining the source of adjusted gross income under IC 6-3-2-2. However, a person who would otherwise be considered a resident of Indiana under this subdivision is not a resident of Indiana if a preponderance of the evidence concerning the factors set forth in subdivisions (1) through (3) proves that the person is not a resident of Indiana.
(5) A person who:
(A) works from an office in Indiana;
(B) is on a payroll from a business located in Indiana; or
(C) has a permanent place of doing business in Indiana;
for at least thirteen (13) consecutive months beginning after April 14, 2012.
(b) Except as provided in subsections (c) and (d), an employee of a producer of SNG must be a resident of Indiana.
(c) To the extent:
(1) a facility, project, contract, or subcontract subject to this chapter is funded in whole or in part with federal funds; and
(2) imposing the requirements of this section would cause the loss of federal funds, as determined by the federal agency providing the funds;
subsection (b) does not apply.
(d) This section does not apply to work performed:
(1) as a result of an emergency; or
(2) by an artisan or by someone in a specialty area with limited persons able to perform the work.
(e) This section is meant to express the view of the general assembly that expanding employment opportunities for Indiana
(1) A person who has registered a motor vehicle in Indiana.
(2) A person who is registered to vote in Indiana.
(3) A person who has a child enrolled in an elementary or secondary school located in Indiana.
(4) A person who derives more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) from sources in Indiana, according to the provisions applicable to determining the source of adjusted gross income under IC 6-3-2-2. However, a person who would otherwise be considered a resident of Indiana under this subdivision is not a resident of Indiana if a preponderance of the evidence concerning the factors set forth in subdivisions (1) through (3) proves that the person is not a resident of Indiana.
(5) A person who:
(A) works from an office in Indiana;
(B) is on a payroll from a business located in Indiana; or
(C) has a permanent place of doing business in Indiana;
for at least thirteen (13) consecutive months beginning after April 14, 2012.
(b) Except as provided in subsections (c) and (d), an employee of a producer of SNG must be a resident of Indiana.
(c) To the extent:
(1) a facility, project, contract, or subcontract subject to this chapter is funded in whole or in part with federal funds; and
(2) imposing the requirements of this section would cause the loss of federal funds, as determined by the federal agency providing the funds;
subsection (b) does not apply.
(d) This section does not apply to work performed:
(1) as a result of an emergency; or
(2) by an artisan or by someone in a specialty area with limited persons able to perform the work.
(e) This section is meant to express the view of the general assembly that expanding employment opportunities for Indiana
residents remains a vital part of the state's economy.
SOURCE: ; (13)ES0510.2.3. -->
SECTION 3. [EFFECTIVE MAY 15, 2013] (a) The definitions
in IC 4-4-11.6 apply throughout this SECTION.
(b) For purposes of this SECTION, "final purchase contract" refers to the purchase contract entered into by the authority and a producer of SNG on January 14, 2011.
(c) For purposes of this SECTION, "order" refers to the order of the commission on November 22, 2011, approving the final purchase contract.
(d) Not later than May 25, 2013, the commission shall conduct an administrative review to determine whether circumstances concerning the uncertainty and volatility of natural gas and coal supplies and prices have so materially changed since November 22, 2011, that the authority or the general assembly should consider avoiding the final purchase contract. Notice and hearing of the administrative review are not required.
(e) Not more than thirty (30) days after the date on which an opinion by a court of appeal concerning the appeal of the order is certified under Rule 65 of the Indiana Rules of Appellate Procedure, the commission shall submit an advisory report of the administrative review to the governor and, in an electronic format under IC 5-14-6, the legislative council. The advisory report must include all materials relied upon by the commission in conducting the administrative review. The advisory report is not a commission decision subject to judicial review under IC 8-1-3.
(b) For purposes of this SECTION, "final purchase contract" refers to the purchase contract entered into by the authority and a producer of SNG on January 14, 2011.
(c) For purposes of this SECTION, "order" refers to the order of the commission on November 22, 2011, approving the final purchase contract.
(d) Not later than May 25, 2013, the commission shall conduct an administrative review to determine whether circumstances concerning the uncertainty and volatility of natural gas and coal supplies and prices have so materially changed since November 22, 2011, that the authority or the general assembly should consider avoiding the final purchase contract. Notice and hearing of the administrative review are not required.
(e) Not more than thirty (30) days after the date on which an opinion by a court of appeal concerning the appeal of the order is certified under Rule 65 of the Indiana Rules of Appellate Procedure, the commission shall submit an advisory report of the administrative review to the governor and, in an electronic format under IC 5-14-6, the legislative council. The advisory report must include all materials relied upon by the commission in conducting the administrative review. The advisory report is not a commission decision subject to judicial review under IC 8-1-3.
SOURCE: ; (13)ES0510.2.4. -->
SECTION 4. [EFFECTIVE UPON PASSAGE] (a) Not later than
November 30, 2013, the utility regulatory commission created by
IC 8-1-1-2 shall:
(1) conduct a study of the natural gas market, including:
(A) natural gas prices on both the open and captive markets; and
(B) the effect of the availability of substitute natural gas and shale gas on natural gas prices; and
(2) report the study results in an electronic format under IC 5-14-6 to the regulatory flexibility committee established under IC 8-1-2.6-4.
(b) This SECTION expires December 31, 2013.
(1) conduct a study of the natural gas market, including:
(A) natural gas prices on both the open and captive markets; and
(B) the effect of the availability of substitute natural gas and shale gas on natural gas prices; and
(2) report the study results in an electronic format under IC 5-14-6 to the regulatory flexibility committee established under IC 8-1-2.6-4.
(b) This SECTION expires December 31, 2013.
SOURCE: ; (13)ES0510.2.5. -->
SECTION 5. An emergency is declared for this act.
