2023 Regular SessionIndiana Legislature

HB1007: Electric utility service.

Legislative Summary

Electric utility service. Provides that it is the continuing policy of the state that decisions concerning Indiana's electric generation resource mix, energy infrastructure, and electric service ratemaking constructs must take into account the following attributes of electric utility service: (1) Reliability. (2) Affordability. (3) Resiliency. (4) Stability. (5) Environmental sustainability. Requires the Indiana utility regulatory commission (IURC) to take each of these attributes into account when: (1) reviewing, and preparing a final director's report for, an integrated resource plan submitted by an electric utility; (2) acting upon a petition for the construction, purchase, or lease of an electric generation facility; and (3) reviewing whether the public convenience and necessity continues to require the completion of an electric generation facility under construction. Requires the IURC to commence before September 1, 2023, a comprehensive study to consider the appropriate: (1) design and framework for; and (2) requirements with respect to; performance based ratemaking for investor-owned electricity suppliers. Sets forth certain topics that the IURC shall consider and evaluate in conducting the required study. Requires the IURC to include in its annual report that is due before October 1, 2025, a report containing the IURC's analysis and recommendations on the specified topics. Provides that the report must contain recommendations, supported by sufficient data and analysis from the IURC's study, with respect to the appropriate: (1) design and framework for; and (2) requirements with respect to; performance based ratemaking for electricity suppliers, so as to enable the general assembly to fully evaluate the impact of performance based ratemaking on all classes of ratepayers, while considering the five attributes of electric utility service set forth as state policy in the bill. Amends the statute governing reliability adequacy metrics for certain electric utilities ("public utilities" under the statute) as follows: (1) Defines the terms: (A) "fall unforced capacity", or "fall UCAP"; and (B) "spring unforced capacity", or "spring UCAP"; for purposes of the prescribed reliability adequacy metrics. (2) Reduces to 15% the 30% limit (under current law) for a public utility's summer or winter unforced capacity (UCAP) that the public utility is authorized to acquire from capacity markets, for purposes of the reliability adequacy metrics included in a resource planning report (report) submitted to the IURC after June 30, 2023. (3) Provides that the reliability metrics included in a report submitted to the IURC after June 30, 2026, must include specified information concerning a public utility's ability to meet its spring UCAP and fall UCAP. (4) Provides that if, after reviewing a public utility's report, the IURC is not satisfied that the public utility can: (A) provide reliable electric service to its Indiana customers; or (B) either: (i) satisfy both its planning reserve margin requirement or other federal reliability requirements and the reliability adequacy metrics set forth in the bill; or (ii) provide sufficient reason as to why it is unable to satisfy both its planning reserve margin requirement or other federal reliability requirements and the reliability adequacy metrics set forth in the bill; the IURC may conduct an investigation into the matter. (Current law does not require the IURC to consider whether the public utility can provide sufficient reason as to its inability to satisfy both its planning reserve margin requirement or other federal reliability requirements and the reliability adequacy metrics set forth in the bill.) (5) Requires the IURC to include in its 2025 annual report its analysis regarding the appropriate percentage or portion of: (A) total spring UCAP; and (B) total fall UCAP; that public utilities should be authorized to acquire from capacity markets.

Demographic Impact

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Bill History

1/12/2023
Coauthored by Representatives Jeter and Negele
House of Representatives
1/12/2023
Authored by Representative Soliday
House of Representatives
1/12/2023
First reading: referred to Committee on Utilities, Energy and Telecommunications
House of Representatives
1/24/2023
Committee report: amend do pass, adopted
House of Representatives
1/26/2023
Amendment #3 (Pryor) failed; Roll Call 32: yeas 28, nays 63
House of Representatives
1/26/2023
Amendment #1 (Errington) failed; Roll Call 33: yeas 27, nays 64
House of Representatives
1/26/2023
Amendment #2 (Pierce) failed; Roll Call 34: yeas 30, nays 61
House of Representatives
1/26/2023
Second reading: ordered engrossed
House of Representatives
1/30/2023
Third reading: passed; Roll Call 37: yeas 96, nays 1
House of Representatives
1/30/2023
Senate sponsor: Senator Koch
House of Representatives
1/30/2023
Representative Frye added as coauthor
House of Representatives
1/31/2023
Referred to the Senate
House of Representatives
2/23/2023
First reading: referred to Committee on Utilities
Senate
3/13/2023
Committee report: amend do pass, adopted
Senate
3/13/2023
Senator Zay added as second sponsor
Senate
3/13/2023
Senator Donato added as third sponsor
Senate
3/13/2023
Senators Leising and Byrne added as cosponsors
Senate
3/16/2023
Second reading: ordered engrossed
Senate
3/20/2023
Third reading: passed; Roll Call 227: yeas 48, nays 0
Senate
3/21/2023
Returned to the House with amendments
Senate
3/27/2023
Motion to concur filed
House of Representatives
3/28/2023
House concurred in Senate amendments; Roll Call 318: yeas 93, nays 2
House of Representatives
4/6/2023
Signed by the Speaker
House of Representatives
4/6/2023
Signed by the President Pro Tempore
Senate
4/17/2023
Signed by the President of the Senate
Senate
4/20/2023
Signed by the Governor
House of Representatives
4/20/2023
Public Law 55
House of Representatives

Roll Call Votes

House - House concurred in Senate amendments
3/28/2023
93
Yea
2
Nay
0
Not Voting
5
Absent
Result: PASSED
Senate - Third reading
3/20/2023
48
Yea
0
Nay
1
Not Voting
1
Absent
Result: PASSED
House - Third reading
1/30/2023
96
Yea
1
Nay
0
Not Voting
3
Absent
Result: PASSED
House - Amendment #2 (Pierce) failed
1/26/2023
30
Yea
61
Nay
1
Not Voting
8
Absent
Result: FAILED
House - Amendment #1 (Errington) failed
1/26/2023
27
Yea
64
Nay
1
Not Voting
8
Absent
Result: FAILED
House - Amendment #3 (Pryor) failed
1/26/2023
28
Yea
63
Nay
1
Not Voting
8
Absent
Result: FAILED

Status Information

Current Status
Passed(4/20/2023)
Chamber
House of Representatives
Sine DiePrior Session

Documents

Enrolled
Bill Text3/29/2023243.9 KB
Amended
Bill Text3/13/2023292.5 KB
Amended
Bill Text1/24/2023290.1 KB
Introduced
Bill Text1/12/2023272.0 KB