HB 1191 IN

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Became Law

Provides that a county executive or the legislative body of a city or town does not have the power to prohibit: (1) a public utility or department of public utilities from furnishing utility service to a utility customer; or (2) a customer of a public utility or department of public utilities from purchasing, using, or connecting or reconnecting to a utility service; based on the energy source of the utility service. Defines a "federal phaseout mandate" as any federal statutory or regulatory requirement that: (1) is established after April 20, 2021, by Congress, a federal agency, or a federal executive order; and (2) requires the phaseout or discontinuance of a particular type of electric generating facility, technology, or fuel source. Requires the utility regulatory commission to consider in the context of: (1) applications for certificates of public convenience and necessity for new generating facilities; and (2) integrated resource planning; the impact of federal phaseout mandates on the estimated useful life of certain generating facilities of an electric utility, including on depreciation expense associated with such facilities. Provides that, except for purposes of compliance with specified building and fire safety laws, a local unit does not have the power to: (1) require that a particular component, design, or type of material be used in the construction of a building because of the energy saving or energy producing qualities of the component, design, or material; (2) prohibit the use of a particular component, design, or type of material in the construction of a building because the component, design, or material does not meet an energy saving standard; (3) require that a building or structure be retrofitted with a particular device or type of material because of the energy saving or energy producing qualities of the device or material; (4) prohibit or restrict the purchase or use of vehicles based upon the type of energy used; or (5) prohibit the sale, installation, or use of: (A) natural gas powered: (i) home heating equipment; (ii) home appliances; or (iii) outdoor heating appliances, torches, lamps, or other decorative features; or (B) outdoor grills and stoves. Specifies that: (1) this prohibition does not apply with respect to requirements included in procurement documents used to procure goods and services, including the construction or design of buildings, to be owned or used by a local unit; and (2) a local unit may adopt bid specifications for a public works project that include energy savings or energy production provisions with respect to the components, design, or materials for the specific project.

• Jim Pressel Republican · author
• Eric Koch Republican · sponsor
• Mike Bohacek Republican · sponsor

1. Jan 7, 2021 Coauthored by Representatives Manning and Soliday · lower
2. Jan 7, 2021 Authored by Representative Pressel · lower
3. Jan 7, 2021 First reading: referred to Committee on Utilities, Energy and Telecommunications · lower
4. Jan 28, 2021 Committee report: amend do pass, adopted · lower
5. Feb 1, 2021 Amendment #1 (Pierce) failed; Roll Call 20: yeas 30, nays 67 · lower
6. Feb 1, 2021 Second reading: ordered engrossed · lower
7. Feb 2, 2021 Senate sponsors: Senators Koch and Bohacek · lower
8. Feb 2, 2021 Third reading: passed; Roll Call 44: yeas 66, nays 28 · lower
9. Feb 3, 2021 Referred to the Senate · lower
10. Feb 18, 2021 First reading: referred to Committee on Utilities · upper
11. Apr 8, 2021 Committee report: amend do pass, adopted · upper
12. Apr 12, 2021 Amendment #2 (Koch) prevailed; voice vote · upper
13. Apr 12, 2021 Amendment #1 (Yoder) failed; Roll Call 403: yeas 11, nays 39 · upper
14. Apr 12, 2021 Amendment #3 (Breaux) failed; Roll Call 404: yeas 11, nays 39 · upper
15. Apr 12, 2021 Second reading: amended, ordered engrossed · upper
16. Apr 12, 2021 Amendment #5 (Freeman) prevailed; Roll Call 402: yeas 33, nays 17 · upper
17. Apr 13, 2021 Third reading: passed; Roll Call 417: yeas 33, nays 16 · upper
18. Apr 14, 2021 Returned to the House with amendments · upper
19. Apr 14, 2021 Motion to dissent filed · lower
20. Apr 15, 2021 House dissented from Senate amendments · lower
21. Apr 15, 2021 House conferees appointed: Pressel and Johnson · lower
22. Apr 15, 2021 House advisors appointed: Lindauer, VanNatter, Behning, Speedy, Bartlett, DeLaney, Gore, Hamilton, Moed, Pack, Porter, Pryor, Shackleford and Summers · lower
23. Apr 15, 2021 Senate conferees appointed: Koch and Yoder · upper
24. Apr 15, 2021 Senate advisors appointed: Bohacek and Breaux · upper
25. Apr 21, 2021 Representative Lindauer removed as advisor · lower
26. Apr 21, 2021 Representative Johnson removed as conferee · lower
27. Apr 21, 2021 Representative Lindauer added as conferee · lower
28. Apr 21, 2021 Senator Yoder removed as conferee · upper
29. Apr 21, 2021 Senator Houchin added as conferee · upper
30. Apr 21, 2021 CCR # 1 filed in the House · lower
31. Apr 21, 2021 Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 497: yeas 61, nays 29 · lower
32. Apr 21, 2021 CCR # 1 filed in the Senate · upper
33. Apr 22, 2021 Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 497: yeas 41, nays 7 · upper
34. Apr 23, 2021 Signed by the President Pro Tempore · upper
35. Apr 28, 2021 Signed by the Speaker · lower
36. Apr 28, 2021 Signed by the President of the Senate · upper
37. Apr 29, 2021 Signed by the Governor · executive
38. Apr 29, 2021 Public Law 180 · 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 22, 2021 · PDF
• Introduced House Bill (H) · Jan 5, 2021 · PDF
• House Bill (H) · Jan 28, 2021 · PDF
• House Bill (S) · Apr 8, 2021 · PDF
• Engrossed House Bill (S) · Apr 13, 2021 · PDF