HB 1401 IN

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Requires a public utility company that owns or operates a wind power device after a change in ownership of the wind power device to report, when filing its first statement of value and description of property with the department of local government finance (department), the valuation of the device at the same valuation amount that the previous owner reported on the previous owner's last annual report before the change in ownership if the valuation amount that the acquiring public utility company would otherwise enter on its first report is lower than the valuation amount at which the previous owner valued the wind power device before the change in ownership. Requires the new owner, for years subsequent to the first year after the change in ownership, to calculate and report the valuation of the wind power device in accordance with: (1) the statute concerning the taxation of public utility companies; and (2) rules prescribed by the department. Provides that for any year subsequent to the first year after the change in ownership of a wind power device, the department, in determining the just value of the property, shall not consider valuations determined by another governmental agency. Provides that these requirements do not apply to a public utility company that owns or operates one or more wind power devices and that has signed or countersigned an economic development agreement, or another financial agreement, that is entered into: (1) with the county in which the public utility company's wind power devices are located; and (2) for the purpose of repowering, or upgrading the technology used in, the wind power devices; before a sale or transfer of the wind power devices. Requires the department to make necessary conforming changes to the annual report form. Requires the Indiana utility regulatory commission to include a provision in an order declining to exercise jurisdiction over a public utility company that: (1) owns or operates one or more wind power devices; or (2) plans to own or operate one or more wind power devices; requiring the public utility to notify the department of any change in ownership of the wind power devices. Requires that before November 1, 2024, and before November 1, 2025, the department shall prepare, submit in an electronic format, and present a report on: (1) the valuation of wind power devices; and (2) the department's progress in implementing the bill's provisions; to the interim study committee on energy, utilities, and telecommunications. Amends the Indiana Code provision that sets forth how the department is to determine the just value of the property of a public utility company to provide an exception from the specified procedures with respect to the determination of the just value of wind power devices.

• Sharon Negele · author
• Jean Leising Republican · sponsor
• Rick Niemeyer Republican · sponsor
• Eric Koch Republican · sponsor

1. Jan 17, 2023 Authored by Representative Negele · lower
2. Jan 17, 2023 First reading: referred to Committee on Utilities, Energy and Telecommunications · lower
3. Jan 17, 2023 Representative Culp K added as coauthor · lower
4. Jan 24, 2023 Committee report: amend do pass, adopted · lower
5. Jan 24, 2023 Referred to the Committee on Ways and Means pursuant to House Rule 127 · lower
6. Jan 30, 2023 Representative Frye added as coauthor · lower
7. Feb 2, 2023 Committee report: do pass, adopted · lower
8. Feb 6, 2023 Second reading: ordered engrossed · lower
9. Feb 7, 2023 Third reading: passed; Roll Call 93: yeas 95, nays 0 · lower
10. Feb 7, 2023 Senate sponsors: Senators Leising and Niemeyer · lower
11. Feb 8, 2023 Referred to the Senate · lower
12. Feb 27, 2023 First reading: referred to Committee on Utilities · upper
13. Apr 3, 2023 Senator Koch added as third sponsor · upper
14. Apr 6, 2023 Committee report: amend do pass adopted; reassigned to Committee on Tax and Fiscal Policy · upper
15. Apr 11, 2023 Committee report: do pass, adopted · upper
16. Apr 13, 2023 Second reading: ordered engrossed · upper
17. Apr 17, 2023 Third reading: passed; Roll Call 424: yeas 49, nays 0 · upper
18. Apr 18, 2023 Returned to the House with amendments · upper
19. Apr 19, 2023 Motion to concur filed · lower
20. Apr 19, 2023 House concurred in Senate amendments; Roll Call 455: yeas 90, nays 0 · lower
21. Apr 24, 2023 Signed by the Speaker · lower
22. Apr 25, 2023 Signed by the President Pro Tempore · upper
23. Apr 26, 2023 Signed by the President of the Senate · upper
24. May 1, 2023 Signed by the Governor · executive
25. May 1, 2023 Public Law 144 · lower

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Enrolled House Bill (H) · Apr 19, 2023 · PDF
• Introduced House Bill (H) · Jan 17, 2023 · PDF
• House Bill (H) · Jan 24, 2023 · PDF
• House Bill (H) · Feb 2, 2023 · PDF
• House Bill (S) · Apr 6, 2023 · PDF
• House Bill (S) · Apr 11, 2023 · PDF