SB 9 IN

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Became Law

Amends the Indiana Code chapter concerning federally mandated requirements for energy utilities as follows: (1) Specifies that for purposes of the statute, "federally mandated costs" include the following: (A) Costs that an energy utility has incurred, or estimates that it will incur, in connection with a compliance project. (B) Costs that are directly related to the preparation and conduct of a regulatory proceeding. (C) Costs related to a compliance project and incurred by an energy utility before the date of: (i) the energy utility's application to the Indiana utility regulatory commission (IURC) for a certificate of public convenience and necessity (certificate) with respect to the compliance project; or (ii) the IURC's order with respect to the application; if the IURC finds the costs are just and reasonable. (2) Provides that an energy utility's application for a certificate for a compliance project must be filed either: (A) before; or (B) within a reasonable time with respect to; any federally mandated compliance date. (3) Specifies that recovery of the 80% of IURC-approved federally mandated costs that an energy utility may recover through a rate adjustment mechanism must commence no earlier than: (A) the date of a final agency action regarding the federally mandated requirement; or (B) in the absence of a final agency action, the date on which the federally mandated requirement becomes effective. Requires a public utility to notify the IURC if: (1) the public utility intends or decides to retire, sell, or transfer an electric generation facility with a capacity of at least 80 megawatts; and (2) the retirement, sale, or transfer: (A) was not set forth in; or (B) is to take place on a date earlier than the date specified in; the public utility's short term action plan in the public utility's most recently filed integrated resource plan (IRP). Provides that upon receiving such notice from a public utility, the IURC shall consider and may investigate the public utility's intention or decision to retire, sell, or transfer the electric generation facility. Provides that in considering the public utility's intention or decision, the commission shall examine the impact the retirement, sale, or transfer would have on the public utility's ability to meet: (1) the public utility's planning reserve margin requirements or other federal reliability requirements; and (2) the reliability adequacy metrics set forth in Indiana law. Provides that if the retirement, sale, or transfer was not set forth in, or is to take place earlier than specified in, the public utility's short term action plan in the public utility's most recently filed IRP, the IURC shall not permit the public utility's depreciation rates to be amended to reflect the accelerated date for the retirement, sale, or transfer of the electric generation asset unless the IURC finds that such an adjustment is necessary to ensure the ability of the public utility to provide reliable service to its customers, and that the unamended depreciation rates would cause an unjust and unreasonable impact on the public utility and its ratepayers. Authorizes the IURC to adopt a general administrative order to implement these provisions. Provides that these provisions: (1) do not apply to: (A) the retirement, sale, or transfer of a public utility's electric generation facility if the retirement, sale, or transfer is necessary for the public utility to comply with a federal consent decree; or (B) an electric generation facility that generates electricity for sale exclusively to the wholesale market; and (2) expire July 1, 2026.

• Jean Leising Republican · author
• Eric Koch Republican · author
• Susan Glick Republican · author
• Edmond Soliday Republican · sponsor

1. Jan 17, 2023 Authored by Senators Leising and Glick · upper
2. Jan 17, 2023 First reading: referred to Committee on Utilities · upper
3. Jan 26, 2023 Senator Koch added as second author · upper
4. Jan 26, 2023 Senator Tomes added as coauthor · upper
5. Feb 23, 2023 Committee report: amend do pass, adopted · upper
6. Feb 27, 2023 Second reading: ordered engrossed · upper
7. Feb 27, 2023 Senator Randolph added as coauthor · upper
8. Feb 28, 2023 Third reading: passed; Roll Call 180: yeas 40, nays 9 · upper
9. Feb 28, 2023 House sponsor: Representative Soliday · upper
10. Feb 28, 2023 Senator Becker added as coauthor · upper
11. Mar 1, 2023 Referred to the House · upper
12. Mar 6, 2023 First reading: referred to Committee on Utilities, Energy and Telecommunications · lower
13. Mar 13, 2023 Representative Manning added as cosponsor · lower
14. Mar 14, 2023 Committee report: amend do pass, adopted · lower
15. Mar 16, 2023 Representative Frye added as cosponsor · lower
16. Mar 16, 2023 Amendment #1 (Pierce) failed; Roll Call 265: yeas 29, nays 60 · lower
17. Mar 16, 2023 Second reading: ordered engrossed · lower
18. Mar 20, 2023 Third reading: passed; Roll Call 270: yeas 64, nays 29 · lower
19. Mar 21, 2023 Signed by the President Pro Tempore · upper
20. Mar 21, 2023 Returned to the Senate with amendments · lower
21. Mar 21, 2023 Motion to concur filed · upper
22. Mar 21, 2023 Senate concurred in House amendments; Roll Call 247: yeas 29, nays 12 · upper
23. Mar 21, 2023 Senator Randolph removed as coauthor · upper
24. Mar 22, 2023 Signed by the Governor · executive
25. Mar 22, 2023 Signed by the President of the Senate · upper
26. Mar 22, 2023 Signed by the Speaker · lower
27. Mar 22, 2023 Public Law 2 · upper

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 Senate Bill (S) · Mar 21, 2023 · PDF
• Introduced Senate Bill (S) · Jan 13, 2023 · PDF
• Senate Bill (S) · Feb 23, 2023 · PDF
• Senate Bill (H) · Mar 14, 2023 · PDF