2023 Regular SessionIndiana Legislature

HB1401: Assessment of wind power devices.

Legislative Summary

Assessment of wind power devices. 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.

Bill History

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

Roll Call Votes

House - House concurred in Senate amendments
4/19/2023
90
Yea
0
Nay
1
Not Voting
9
Absent
Result: PASSED
Senate - Third reading
4/17/2023
49
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED
House - Third reading
2/7/2023
95
Yea
0
Nay
1
Not Voting
4
Absent
Result: PASSED

Status Information

Current Status
Passed(5/1/2023)
Chamber
House of Representatives
Sine DiePrior Session

Documents

Enrolled
Bill Text4/19/2023111.2 KB
Amended
Bill Text4/11/2023202.6 KB
Amended
Bill Text4/6/2023192.3 KB
Amended
Bill Text2/2/2023153.4 KB
Amended
Bill Text1/24/2023152.4 KB
Introduced
Bill Text1/17/202387.1 KB