reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 39. Transmission, Distribution, and Storage System Improvement Charges and Deferrals › 8-1-39-12. Commission Hearing and Order on Tdsic Petition; Examination by Utility Consumer Counselor and Intervenors; New Projects or Improvements

Sec. 12. (a) Not more than one hundred twenty (120) days after a public utility files a petition under section 9 of this chapter, the commission shall conduct a hearing and issue an order on the petition.
(b) Not more than sixty (60) days after a public utility files a petition under section 9 of this chapter, the office of the utility consumer counselor and other intervenors, if any, may:
(1) examine the information of the public utility to confirm that the proposed transmission, distribution, and storage system improvements comply with this chapter; and
(2) report its findings to the commission.
(c) If the commission determines that the petition satisfies the requirements of this chapter and the capital expenditures and TDSIC costs are reasonable, the commission shall approve the petition, including:
(1) capital expenditures;
(2) timely recovery of TDSIC costs, including costs associated with a targeted economic development project, through a TDSIC; and
(3) if requested, authority to defer TDSIC costs under section 9(c) of this chapter.
(d) If the public utility has requested approval of new targeted economic development projects or new transmission, distribution, and storage system improvements under section 9(b) of this chapter, the commission's order must include the following:
(1) A finding of the best estimate of the cost of the new projects or improvements.
(2) A determination whether public convenience and necessity require or will require the new projects or improvements.
(3) A determination whether the estimated costs of the new projects or improvements are justified by incremental benefits attributable to the new projects or improvements.
If the commission determines that the public utility's new projects or improvements are reasonable, the commission shall approve the new projects or improvements and authorize TDSIC treatment for the new projects or improvements.
As added by P.L.133-2013, SEC.5. Amended by P.L.89-2019, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 39. Transmission, Distribution, and Storage System Improvement Charges and Deferrals › 8-1-39-13. Determination of Pretax Return

Sec. 13. (a) For purposes of calculating the TDSIC costs of a public utility, the commission shall determine an appropriate pretax return for the public utility. In determining the appropriate pretax return, the commission may consider the following factors:
(1) The current state and federal income tax rates.
(2) The public utility's capital structure.
(3) The actual cost rates for the public utility's long term debt and preferred stock.
(4) The public utility's cost of common equity determined by the commission in the public utility's most recent general rate proceeding.
(5) Other information that the commission determines is necessary.
(b) The commission shall adjust a public utility's authorized return for purposes of IC 8-1-2-42(d)(3) or IC 8-1-2-42(g)(3) to reflect incremental earnings from an approved TDSIC.
As added by P.L.133-2013, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 39. Transmission, Distribution, and Storage System Improvement Charges and Deferrals › 8-1-39-14. Limit on Increase in Utility's Total Retail Revenues Resulting From Tdsic; Combined Revenue Impact of Tdsic Under Terminated Plan and Tdsic Under New Plan

Sec. 14. (a) The commission may not approve a TDSIC that would result in an average aggregate increase in a public utility's total retail revenues of more than two percent (2%) in a twelve (12) month period. For purposes of this subsection, a public utility's total retail revenues do not include TDSIC revenues associated with a targeted economic development project.
(b) If a public utility incurs TDSIC costs under the public utility's TDSIC plan that exceed the percentage increase in a TDSIC approved by the commission, the public utility shall defer recovery of the TDSIC costs as set forth in section 9(c) of this chapter.
(c) For purposes of subsection (a), in the case of a public utility that terminates a TDSIC plan under section 10(d) of this chapter, the commission shall consider the combined twelve (12) month revenue impact of the TDSIC approved under the terminated plan and the TDSIC approved under any new TDSIC plan.
As added by P.L.133-2013, SEC.5. Amended by P.L.89-2019, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 39. Transmission, Distribution, and Storage System Improvement Charges and Deferrals › 8-1-39-15. Revised Rate Schedule Following General Increase in Rates and Charges

Sec. 15. A public utility that has implemented a TDSIC under this chapter shall file revised rate schedules resetting the charge if new basic rates and charges become effective for the public utility following a commission order authorizing a general increase in rates and charges that includes in the public utility's rate base eligible transmission, distribution, and storage system improvements reflected in the TDSIC.
As added by P.L.133-2013, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 39. Transmission, Distribution, and Storage System Improvement Charges and Deferrals › 8-1-39-16. Exclusions From General Increase in Basic Rates and Charges

Sec. 16. (a) For purposes of this chapter, the following are not a general increase in basic rates and charges under IC 8-1-2-42(a):
(1) The filing of a TDSIC.
(2) A change in a TDSIC.
(3) The deferral of depreciation expenses, operation and maintenance expenses, property taxes, or post in service allowance for funds used during construction under section 9(c) of this chapter.
(b) This chapter does not limit:
(1) a public utility's ability to recover eligible transmission, distribution, and storage system improvements in a general retail rate case; or
(2) the commission's valuation of utility property under IC 8-1-2-6.
As added by P.L.133-2013, SEC.5. Amended by P.L.89-2019, SEC.8.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 39. Transmission, Distribution, and Storage System Improvement Charges and Deferrals › 8-1-39-17. Adoption of Rules

Sec. 17. The commission may adopt by rule under IC 4-22-2 or by order other procedures not inconsistent with this chapter that the commission finds reasonable or necessary to administer a TDSIC.
As added by P.L.133-2013, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40. Distributed Generation › 8-1-40-3. "Distributed Generation"

Sec. 3. (a) As used in this chapter, "distributed generation" means electricity produced by a generator or other device that is:
(1) located on the customer's premises;
(2) owned by the customer;
(3) sized at a nameplate capacity of the lesser of:
(A) not more than one (1) megawatt; or
(B) the customer's average annual consumption of electricity on the premises; and
(4) interconnected and operated in parallel with the electricity supplier's facilities in accordance with the commission's approved interconnection standards.
(b) The term does not include electricity produced by the following:
(1) An electric generator used exclusively for emergency purposes.
(2) A net metering facility (as defined in 170 IAC 4-4.2-1(k)) operating under a net metering tariff.
As added by P.L.264-2017, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40. Distributed Generation › 8-1-40-4. "Electricity Supplier"

Sec. 4. (a) As used in this chapter, "electricity supplier" means a public utility (as defined in IC 8-1-2-1) that furnishes retail electric service to customers in Indiana.
(b) The term does not include a utility that is:
(1) a municipally owned utility (as defined in IC 8-1-2-1(h));
(2) a corporation organized under IC 8-1-13; or
(3) a corporation organized under IC 23-17 that is an electric cooperative and that has at least one (1) member that is a corporation organized under IC 8-1-13.
As added by P.L.264-2017, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40. Distributed Generation › 8-1-40-5. "Excess Distributed Generation"

Sec. 5. As used in this chapter, "excess distributed generation" means the difference between:
(1) the electricity that is supplied by an electricity supplier to a customer that produces distributed generation; and
(2) the electricity that is supplied back to the electricity supplier by the customer.
As added by P.L.264-2017, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40. Distributed Generation › 8-1-40-6. "Marginal Price of Electricity"

Sec. 6. As used in this chapter, "marginal price of electricity" means the hourly market price for electricity as determined by a regional transmission organization of which the electricity supplier serving a customer is a member.
As added by P.L.264-2017, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40. Distributed Generation › 8-1-40-7. "Net Metering Tariff"

Sec. 7. As used in this chapter, "net metering tariff" means a tariff that:
(1) an electricity supplier offers for net metering under 170 IAC 4-4.2; and
(2) is in effect on January 1, 2017.
As added by P.L.264-2017, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40. Distributed Generation › 8-1-40-10. Availability of Electricity Supplier's Net Metering Tariff; Aggregate Net Metering Facility Nameplate Capacity Under Tariff

Sec. 10. Subject to sections 13 and 14 of this chapter, a net metering tariff of an electricity supplier must remain available to the electricity supplier's customers until the earlier of the following:
(1) January 1 of the first calendar year after the calendar year in which the aggregate amount of net metering facility nameplate capacity under the electricity supplier's net metering tariff equals at least one and one-half percent (1.5%) of the most recent summer peak load of the electricity supplier.
(2) July 1, 2022.
Before July 1, 2022, if an electricity supplier reasonably anticipates, at any point in a calendar year, that the aggregate amount of net metering facility nameplate capacity under the electricity supplier's net metering tariff will equal at least one and one-half percent (1.5%) of the most recent summer peak load of the electricity supplier, the electricity supplier shall, in accordance with section 16 of this chapter, petition the commission for approval of a rate for the procurement of excess distributed generation.
As added by P.L.264-2017, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40. Distributed Generation › 8-1-40-11. Changes to Net Metering Tariffs Prohibited Before July 1, 2047; Expiration of Net Metering Tariffs After June 30, 2022

Sec. 11. (a) Except as provided in sections 12 and 21(b) of this chapter, before July 1, 2047:
(1) an electricity supplier may not seek to change the terms and conditions of the electricity supplier's net metering tariff; and
(2) the commission may not approve changes to an electricity supplier's net metering tariff.
(b) Except as provided in sections 13 and 14 of this chapter, after June 30, 2022:
(1) an electricity supplier may not make a net metering tariff available to customers; and
(2) the terms and conditions of a net metering tariff offered by an electricity supplier before July 1, 2022, expire and are unenforceable.
As added by P.L.264-2017, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40. Distributed Generation › 8-1-40-12. Amendment of Commission's Net Metering Rules and Electricity Suppliers' Net Metering Tariffs; Increase to Aggregate Net Metering Facility Nameplate Capacity; Reservation of Capacity for Residential Customers and Organic Waste Biomass Facilities

Sec. 12. (a) Before January 1, 2018, the commission shall amend 170 IAC 4-4.2-4, and an electricity supplier shall amend the electricity supplier's net metering tariff, to do the following:
(1) Increase the allowed limit on the aggregate amount of net metering facility nameplate capacity under the net metering tariff to one and one-half percent (1.5%) of the most recent summer peak load of the electricity supplier.
(2) Modify the required reservation of capacity under the limit described in subdivision (1) to require the reservation of:
(A) forty percent (40%) of the capacity for participation by residential customers; and
(B) fifteen percent (15%) of the capacity for participation by customers that install a net metering facility that uses a renewable energy resource described in IC 8-1-37-4(a)(5).
(b) In amending 170 IAC 4-4.2-4, as required by subsection (a), the commission may adopt emergency rules in the manner provided by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted by the commission under this section and in the manner provided by IC 4-22-2-37.1 expires on the date on which a rule that supersedes the emergency rule is adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
As added by P.L.264-2017, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40. Distributed Generation › 8-1-40-13. Installations of Net Metering Facilities After December 31, 2017, and Before Expiration of Tariff; Continued Service Under Tariff; Successors in Interest

Sec. 13. (a) This section applies to a customer that installs a net metering facility (as defined in 170 IAC 4-4.2-1(k)) on the customer's premises:
(1) after December 31, 2017; and
(2) before the date on which the net metering tariff of the customer's electricity supplier terminates under section 10(1) or 10(2) of this chapter.
(b) A customer that is participating in an electricity supplier's net metering tariff on the date on which the electricity supplier's net metering tariff terminates under section 10(1) or 10(2) of this chapter shall continue to be served under the terms and conditions of the net metering tariff until:
(1) the customer removes from the customer's premises or replaces the net metering facility (as defined in 170 IAC 4-4.2-1(k)); or
(2) July 1, 2032;
whichever occurs earlier.
(c) A successor in interest to a customer's premises on which a net metering facility (as defined in 170 IAC 4-4.2-1(k)) that was installed during the period described in subsection (a) is located may, if the successor in interest chooses, be served under the terms and conditions of the net metering tariff of the electricity supplier that provides retail electric service at the premises until:
(1) the net metering facility (as defined in 170 IAC 4-4.2-1(k)) is removed from the premises or is replaced; or
(2) July 1, 2032;
whichever occurs earlier.
As added by P.L.264-2017, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40. Distributed Generation › 8-1-40-14. Installations of Net Metering Facilities Before January 1, 2018; Continued Service Under Tariff; Successors in Interest

Sec. 14. (a) This section applies to a customer that installs a net metering facility (as defined in 170 IAC 4-4.2-1(k)) on the customer's premises before January 1, 2018.
(b) A customer that is participating in an electricity supplier's net metering tariff on December 31, 2017, shall continue to be served under the terms and conditions of the net metering tariff until:
(1) the customer removes from the customer's premises or replaces the net metering facility (as defined in 170 IAC 4-4.2-1(k)); or
(2) July 1, 2047;
whichever occurs earlier.
(c) A successor in interest to a customer's premises on which is located a net metering facility (as defined in 170 IAC 4-4.2-1(k)) that was installed before January 1, 2018, may, if the successor in interest chooses, be served under the terms and conditions of the net metering tariff of the electricity supplier that provides retail electric service at the premises until:
(1) the net metering facility (as defined in 170 IAC 4-4.2-1(k)) is removed from the premises or is replaced; or
(2) July 1, 2047;
whichever occurs earlier.
As added by P.L.264-2017, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40. Distributed Generation › 8-1-40-15. Electricity Supplier's Duty to Procure Customers' Excess Distributed Generation; Amounts Credited to Customers to Be Recognized in Fuel Adjustment Proceedings

Sec. 15. An electricity supplier shall procure the excess distributed generation produced by a customer at a rate approved by the commission under section 17 of this chapter. Amounts credited to a customer by an electricity supplier for excess distributed generation shall be recognized in the electricity supplier's fuel adjustment proceedings under IC 8-1-2-42.
As added by P.L.264-2017, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40. Distributed Generation › 8-1-40-16. Electricity Supplier's Petition for Rate for Excess Distributed Generation; Annual Submission of Updated Rate

Sec. 16. Not later than March 1, 2021, an electricity supplier shall file with the commission a petition requesting a rate for the procurement of excess distributed generation by the electricity supplier. After an electricity supplier's initial rate for excess distributed generation is approved by the commission under section 17 of this chapter, the electricity supplier shall submit on an annual basis, not later than March 1 of each year, an updated rate for excess distributed generation in accordance with the methodology set forth in section 17 of this chapter.
As added by P.L.264-2017, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40. Distributed Generation › 8-1-40-17. Commission's Review of Rate Petition; Notice and Hearing; Approval of Rate; Calculation

Sec. 17. The commission shall review a petition filed under section 16 of this chapter by an electricity supplier and, after notice and a public hearing, shall approve a rate to be credited to participating customers by the electricity supplier for excess distributed generation if the commission finds that the rate requested by the electricity supplier was accurately calculated and equals the product of:
(1) the average marginal price of electricity paid by the electricity supplier during the most recent calendar year; multiplied by
(2) one and twenty-five hundredths (1.25).
As added by P.L.264-2017, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40. Distributed Generation › 8-1-40-18. Credit on Customer's Monthly Bill for Excess Distributed Generation; Excess Credit Carried Forward

Sec. 18. An electricity supplier shall compensate a customer from whom the electricity supplier procures excess distributed generation (at the rate approved by the commission under section 17 of this chapter) through a credit on the customer's monthly bill. Any excess credit shall be carried forward and applied against future charges to the customer for as long as the customer receives retail electric service from the electricity supplier at the premises.
As added by P.L.264-2017, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40. Distributed Generation › 8-1-40-19. Electricity Supplier's Petition to Commission for Recovery of Energy Delivery Costs Attributable to Distributed Generation Customers; Approval; Findings by Commission

Sec. 19. (a) To ensure that customers that produce distributed generation are properly charged for the costs of the electricity delivery system through which an electricity supplier:
(1) provides retail electric service to those customers; and
(2) procures excess distributed generation from those customers;
the electricity supplier may request approval by the commission of the recovery of energy delivery costs attributable to serving customers that produce distributed generation.
(b) The commission may approve a request for cost recovery submitted by an electricity supplier under subsection (a) if the commission finds that the request:
(1) is reasonable; and
(2) does not result in a double recovery of energy delivery costs from customers that produce distributed generation.
As added by P.L.264-2017, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40. Distributed Generation › 8-1-40-20. Electricity Supplier to Provide Necessary Metering Equipment; Recovery of Costs

Sec. 20. (a) An electricity supplier shall provide and maintain the metering equipment necessary to carry out the procurement of excess distributed generation from customers in accordance with this chapter.
(b) The commission shall recognize in the electricity supplier's basic rates and charges an electricity supplier's reasonable costs for the metering equipment required under subsection (a).
As added by P.L.264-2017, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40. Distributed Generation › 8-1-40-21. Commission's Net Metering and Interconnection Rules; Application to Distributed Generation; Permitted Changes to Rules

Sec. 21. (a) Subject to subsection (b) and sections 10 and 11 of this chapter, after June 30, 2017, the commission's rules and standards set forth in:
(1) 170 IAC 4-4.2 (concerning net metering); and
(2) 170 IAC 4-4.3 (concerning interconnection);
remain in effect and apply to net metering under an electricity supplier's net metering tariff and to distributed generation under this chapter.
(b) After June 30, 2017, the commission may adopt changes under IC 4-22-2, including emergency rules in the manner provided by IC 4-22-2-37.1, to the rules and standards described in subsection (a) only as necessary to:
(1) update fees or charges;
(2) adopt revisions necessitated by new technologies; or
(3) reflect changes in safety, performance, or reliability standards.
Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted by the commission under this subsection and in the manner provided by IC 4-22-2-37.1 expires on the date on which a rule that supersedes the emergency rule is adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
As added by P.L.264-2017, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40. Distributed Generation › 8-1-40-22. Distributed Generation Customer's Duty to Comply With Standards

Sec. 22. A customer that produces distributed generation shall comply with applicable safety, performance, and reliability standards established by the following:
(1) The commission.
(2) An electricity supplier, subject to approval by the commission.
(3) The National Electric Code.
(4) The National Electrical Safety Code.
(5) The Institute of Electrical and Electronics Engineers.
(6) Underwriters Laboratories.
(7) The Federal Energy Regulatory Commission.
(8) Local regulatory authorities.
As added by P.L.264-2017, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40. Distributed Generation › 8-1-40-23. Distributed Generation Equipment; Customers' Rights; Attorney General to Adopt Rules

Sec. 23. (a) A customer that produces distributed generation has the following rights regarding the installation and ownership of distributed generation equipment:
(1) The right to know that the attorney general is authorized to enforce this section, including by receiving complaints concerning the installation and ownership of distributed generation equipment.
(2) The right to know the expected amount of electricity that will be produced by the distributed generation equipment that the customer is purchasing.
(3) The right to know all costs associated with installing distributed generation equipment, including any taxes for which the customer is liable.
(4) The right to know the value of all federal, state, or local tax credits or other incentives or rebates that the customer may receive.
(5) The right to know the rate at which the customer will be credited for electricity produced by the customer's distributed generation equipment and delivered to a public utility (as defined in IC 8-1-2-1).
(6) The right to know if a provider of distributed generation equipment insures the distributed generation equipment against damage or loss and, if applicable, any circumstances under which the provider does not insure against or otherwise cover damage to or loss of the distributed generation equipment.
(7) The right to know the responsibilities of a provider of distributed generation equipment with respect to installing or removing distributed generation equipment.
(b) The attorney general, in consultation with the commission, shall adopt rules under IC 4-22-2 that the attorney general considers necessary to implement and enforce this section, including a rule requiring written disclosure of the rights set forth in subsection (a) by a provider of distributed generation equipment to a customer. In adopting the rules required by this subsection, the attorney general may adopt emergency rules in the manner provided by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted by the attorney general under this subsection and in the manner provided by IC 4-22-2-37.1 expires on the date on which a rule that supersedes the emergency rule is adopted by the attorney general under IC 4-22-2-24 through IC 4-22-2-36.
As added by P.L.264-2017, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40.1. Rulemaking to Implement Federal Energy Regulatory Commission Order › 8-1-40.1-1. "Commission"

Sec. 1. As used in this chapter, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2.
As added by P.L.71-2022, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40.1. Rulemaking to Implement Federal Energy Regulatory Commission Order › 8-1-40.1-2. "Distributed Energy Resource"

Sec. 2. As used in this chapter, "distributed energy resource" means any resource located on the distribution system of an electricity supplier, on any subsystem of an electricity supplier, or behind an electricity supplier's customer's meter, including any of the following:
(1) Electric storage resources.
(2) Intermittent generation.
(3) Distributed generation.
(4) Demand response.
(5) Energy efficiency.
(6) Thermal storage.
(7) Electric vehicles and their supply equipment.
As added by P.L.71-2022, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40.1. Rulemaking to Implement Federal Energy Regulatory Commission Order › 8-1-40.1-3. "Distributed Energy Resource Aggregator"

Sec. 3. As used in this chapter, "distributed energy resource aggregator" means a person that aggregates one (1) or more distributed energy resources for purposes of participating in one (1) or more of the capacity, energy, or ancillary service markets of a regional transmission organization.
As added by P.L.71-2022, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40.1. Rulemaking to Implement Federal Energy Regulatory Commission Order › 8-1-40.1-4. Adoption of Rules to Implement Federal Energy Regulatory Commission Order

Sec. 4. The commission shall adopt rules that the commission determines to be necessary to implement Federal Energy Regulatory Commission Order No. 2222 concerning distributed energy resources and distributed energy resource aggregators.
As added by P.L.71-2022, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40.1. Rulemaking to Implement Federal Energy Regulatory Commission Order › 8-1-40.1-5. Amendment of Rules to Implement Federal Energy Regulatory Commission Order

Sec. 5. Notwithstanding IC 8-1-40-21, in adopting rules under this chapter, the commission may amend the commission's rules and standards set forth in:
(1) 170 IAC 4-4.2 (concerning net metering); and
(2) 170 IAC 4-4.3 (concerning interconnection);
only as necessary to implement Federal Energy Regulatory Commission Order No. 2222 concerning distributed energy resources and distributed energy resource aggregators.
As added by P.L.71-2022, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40.1. Rulemaking to Implement Federal Energy Regulatory Commission Order › 8-1-40.1-6. Adoption of Emergency Rules to Implement Federal Energy Regulatory Commission Order

Sec. 6. In adopting rules under this chapter, the commission may adopt emergency rules in the manner provided by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted by the commission under this chapter and in the manner provided by IC 4-22-2-37.1 expires on the date on which a rule that supersedes the emergency rule is adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
As added by P.L.71-2022, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets › 8-1-40.5-1. "Assignee"

Sec. 1. As used in this chapter, "assignee" means any individual, corporation, or other legally recognized entity to which an interest in securitization property is transferred.
As added by P.L.80-2021, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets › 8-1-40.5-2. "Commission"

Sec. 2. As used in this chapter, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2.
As added by P.L.80-2021, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets › 8-1-40.5-3. "Electric Utility"

Sec. 3. As used in this chapter, "electric utility" means a public utility (as defined in IC 8-1-2-1(a)) that meets the following criteria:
(1) The public utility owns or operates any electric generation facility for the provision of electric utility service to Indiana customers.
(2) The public utility is under the jurisdiction of the commission for the approval of rates and charges.
(3) The public utility has a total of not more than two hundred thousand (200,000) retail electric customers at the time of the filing of a petition under section 10 of this chapter.
As added by P.L.80-2021, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets › 8-1-40.5-4. "Financing Order"

Sec. 4. As used in this chapter, "financing order" means an order issued by the commission under section 10 of this chapter.
As added by P.L.80-2021, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets › 8-1-40.5-5. "Financing Party"

Sec. 5. (a) As used in this chapter, "financing party" means a holder of securitization bonds.
(b) The term includes a trustee, a collateral agent, or any other person acting for the benefit of the holder.
As added by P.L.80-2021, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets › 8-1-40.5-6. "Qualified Costs"

Sec. 6. As used in this chapter, "qualified costs", with respect to an electric generation facility that will be retired from service by an electric utility not later than twenty-four (24) months after the filing of a petition by the electric utility under section 10 of this chapter, means the net original cost of the facility and any associated investments, as reflected on the electric utility's accounting system, and as adjusted for depreciation to be incurred until the facility is retired, together with:
(1) costs of:
(A) removal; and
(B) restoration, as applicable;
of the facility, any associated improvements, and facility grounds;
(2) the applicable portion of investment tax credits associated with the facility and any associated investments;
(3) costs of issuing, supporting, and servicing securitization bonds;
(4) taxes related to the recovery of securitization charges; and
(5) any costs of retiring and refunding the electric utility's existing debt and equity securities in connection with the issuance of securitization bonds.
As added by P.L.80-2021, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets › 8-1-40.5-7. "Securitization Bonds"

Sec. 7. (a) As used in this chapter, "securitization bonds" means bonds, debentures, notes, certificates of participation, certificates of a beneficial interest, certificates of ownership, or other evidences of indebtedness that:
(1) are issued by an electric utility, its successors, or an assignee under a financing order;
(2) have a term of not more than twenty (20) years; and
(3) are secured by, or payable from, securitization property.
(b) If certificates of participation, certificates of a beneficial interest, or certificates of ownership are issued under this chapter, a reference in this chapter to "principal", "interest", or "premium" refers to comparable terms with respect to those certificates.
As added by P.L.80-2021, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets › 8-1-40.5-8. "Securitization Charges"

Sec. 8. As used in this chapter, "securitization charges" means nonbypassable amounts that are:
(1) approved by the commission under a financing order to allow for the full recovery of qualified costs by an electric utility;
(2) collected from all retail customers and customer classes of the electric utility, including any customer that:
(A) is participating in:
(i) a net metering program under 170 IAC 4-4.2;
(ii) a distributed generation program under IC 8-1-40; or
(iii) a feed-in-tariff program;
offered by the electric utility; or
(B) supplies at least part of the customer's own electricity demand;
(3) charged for the use or availability of electric services; and
(4) collected by the electric utility, its successors, an assignee, or any other collection agent as provided for in the financing order.
As added by P.L.80-2021, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets › 8-1-40.5-9. "Securitization Property"

Sec. 9. As used in this chapter, "securitization property" means the rights and interests of an electric utility, or its successor, under a financing order, as described in section 11 of this chapter.
As added by P.L.80-2021, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets › 8-1-40.5-11. Securitization Property

Sec. 11. (a) Securitization property consists of the rights and interests of an electric utility, or its successor, under a financing order, including the following:
(1) The right to impose, collect, and receive securitization charges, as authorized under the financing order, in an amount necessary to provide for the full recovery of all qualified costs.
(2) The right under the financing order to obtain periodic adjustments of securitization charges under section 12(c) of this chapter.
(3) All revenue, collections, payments, money, and proceeds arising out of the rights and interests described in this section.
(b) Securitization property constitutes a present property right for purposes of contracts concerning the sale or pledge of property, even if the imposition and collection of securitization charges depend on further acts of the electric utility or others that have not yet occurred. The securitization property continues to exist, and the financing order under which the securitization property arises remains in effect, for the same period as the pledge of the state under section 16(b) of this chapter.
(c) All revenues and collections resulting from securitization charges constitute proceeds of only the securitization property arising from the financing order.
As added by P.L.80-2021, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets › 8-1-40.5-13. Scope of Indiana Utility Regulatory Commission Powers and Duties With Respect to Securitization; Effect of Securitization on Electric Utility Ratemaking and Financing

Sec. 13. (a) The commission, in exercising the commission's powers and carrying out the commission's duties with regard to any matter within the commission's authority under this chapter, may not:
(1) for purposes of ratemaking or approval of financing, consider:
(A) securitization bonds issued under a financing order to be the debt of the electric utility other than for federal income tax purposes;
(B) securitization charges paid under a financing order to be the revenue of the electric utility for any purpose; or
(C) securitization costs or financing costs specified in a financing order to be the cost of the electric utility; or
(2) determine any action taken by an electric utility that is consistent with the financing order to be unreasonable. This subdivision does not require the commission to approve a proposed capital investment under section 10(d)(4)(B) of this chapter.
(b) This chapter does not prohibit an electric utility from requesting, or the commission from approving, alternative methods for recovery of the costs of an electric generation facility upon retirement.
(c) An electric utility that has received an order from the commission approving the recording of a regulatory asset to recover the net book value of an electric generation facility upon the planned retirement of the electric generation facility may not file a petition under section 10 of this chapter with respect to the generation facility.
As added by P.L.80-2021, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets › 8-1-40.5-14. Transfer of Securitization Property

Sec. 14. (a) If an agreement by an electric utility or an assignee to transfer securitization property expressly states that the transfer is a sale or is otherwise an absolute transfer:
(1) the resulting transaction:
(A) is a true sale; and
(B) is not a secured transaction; and
(2) title, both legal and equitable, passes to the person to which the securitization property is transferred.
(b) A transaction resulting from an agreement described in subsection (a) is a true sale regardless of:
(1) whether the purchaser has any recourse against the seller; or
(2) any other term of the agreement, including the following:
(A) The seller's retention of an equity interest in the securitization property.
(B) The fact that the electric utility acts as a collector of securitization charges relating to the securitization property.
(C) The treatment of the transfer as a financing for tax, financial reporting, or other purposes.
As added by P.L.80-2021, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets › 8-1-40.5-16. Securitization Bonds Not Debt, Obligation, or Charge on Credit or Taxing Power of State; State Covenant With Respect to Securitization Bonds

Sec. 16. (a) Securitization bonds are not:
(1) a debt or obligation of the state; or
(2) a charge on the state's full faith and credit or on the state's taxing power.
(b) The state pledges, for the benefit and protection of financing parties and electric utilities under this chapter, that it will not:
(1) take or permit any action that would impair the value of securitization property; or
(2) reduce or alter, except as authorized by section 12(c) of this chapter, or impair securitization charges to be imposed, collected, and remitted to financing parties under this chapter;
until the principal, interest, and premium, and other charges incurred, or contracts to be performed, in connection with the related securitization bonds have been paid or performed in full. Any party issuing securitization bonds is authorized to include the pledge set forth in this subsection in any documentation relating to those bonds.
As added by P.L.80-2021, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets › 8-1-40.5-17. Effect of Securitization Bonds on Tax Liability; Liability of Successor for Securitization Bonds, Charges, and Property; Assignee or Financing Party Not Considered an Electric Utility

Sec. 17. (a) The acquisition, ownership, and disposition of any direct interest in any securitization bond shall not be taken into account in determining whether a person is subject to any income tax, franchise tax, business activities tax, intangible property tax, excise tax, stamp tax, or any other tax imposed by the state or by any political subdivision of the state.
(b) Any successor to an electric utility, whether that person becomes a successor as a result of any:
(1) bankruptcy, reorganization, or other insolvency proceeding; or
(2) merger, acquisition, sale, or transfer;
shall, by operation of law, perform and satisfy all obligations of the electric utility under this chapter in the same manner and to the same extent as the electric utility would have been obligated to perform and satisfy before the event described in subdivision (1) or (2), including collecting and paying revenues arising with respect to the securitization property to persons entitled to those revenues.
(c) An assignee or financing party is not considered to be an electric utility solely by virtue of any transactions described in this chapter.
As added by P.L.80-2021, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets › 8-1-40.5-18. Severability

Sec. 18. The provisions of this chapter are severable in the manner provided in IC 1-1-1-8(b).
As added by P.L.80-2021, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets › 8-1-40.5-19. Adoption of Rules by Indiana Utility Regulatory Commission

Sec. 19. The commission shall adopt rules under IC 4-22-2 to implement this chapter. In adopting the rules required by this section, the commission may adopt emergency rules in the manner provided by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted by the commission under this section and in the manner provided by IC 4-22-2-37.1 expires on the date on which a rule that supersedes the emergency rule is adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
As added by P.L.80-2021, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 41. Default Standards for Wind Power Devices › 8-1-41-1. Applicability; "Wind Energy Ready Community"

Sec. 1. (a) Except as provided in subsections (b) and (c), and subject to IC 36-7-4-1109 and section 9 of this chapter, the standards set forth in sections 10 through 16 of this chapter, or standards less restrictive than the standards set forth in sections 10 through 16 of this chapter, apply to a project owner that, after June 30, 2022, files an initial application for a project to install or locate one (1) or more wind power devices in a unit that qualifies as a wind energy ready community under subsection (d).
(b) Subject to a unit's planning and zoning powers under IC 36-7, this chapter does not apply to a property owner that seeks to install a wind power device on the property owner's premises for the purpose of generating electricity to meet or offset all or part of the need for electricity on the premises, whether through distributed generation, participation in a net metering program offered by an electricity supplier (as defined in IC 8-1-40-4), or otherwise.
(c) Unless a standard set forth in sections 10 through 16 of this chapter is already agreed to before July 1, 2022, by the parties involved, the standard does not:
(1) apply to any proposal, request, or application that:
(A) concerns the permitting, construction, installation, siting, modification, operation, or decommissioning of one (1) or more wind power devices in a unit;
(B) is submitted by a project owner to a unit before July 1, 2022; and
(C) is pending approval or has been approved as of July 1, 2022;
as set forth in IC 36-7-4-1109;
(2) affect the:
(A) permitting;
(B) construction;
(C) installation;
(D) siting;
(E) modification;
(F) operation; or
(G) decommissioning;
of one (1) or more wind power devices in a unit that before July 1, 2022, has approved such permitting, construction, installation, siting, modification, operation, or decommissioning; or
(3) affect any:
(A) economic development agreement; or
(B) other agreement;
entered into before July 1, 2022, with respect to the permitting, construction, installation, siting, modification, operation, or decommissioning of one (1) or more wind power devices in one (1) or more units.
(d) As used in this section, "wind energy ready community" means a unit that has voluntarily adopted:
(1) the standards set forth in sections 10 through 16 of this chapter; or
(2) standards less restrictive than the standards set forth in sections 10 through 16 of this chapter.
As added by P.L.90-2022, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 41. Default Standards for Wind Power Devices › 8-1-41-2. "Dwelling"

Sec. 2. As used in this chapter, "dwelling" means any building, structure, or part of a building or structure that is occupied as, or is designed or intended for occupancy as, a residence by one (1) or more families or individuals.
As added by P.L.90-2022, SEC.1.