2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 43. Pilot Programs for Infrastructure for Public Use Electric Vehicles › 8-1-43-8. Pilot Program; Electric Utility's Request to Commission for Approval; Requirements; Request for Recovery or Deferral of Capital Costs; Process for Pilot Program Request; Factors to Be Considered by Commission; Investments Outside of Pilot Program Request

Sec. 8. (a) An electric utility may request approval from the commission to implement a public use electric vehicle pilot program to do any of the following:
(1) Install, own, or operate charging infrastructure or make-ready infrastructure to support public use EVs.
(2) Provide incentives or rebates to customers to encourage customer investment in public use EVs and in associated EV supply equipment.
For purposes of this subsection, "EV supply equipment" means a device or system designed and used specifically to transfer electrical energy to an electric vehicle, either as charge transferred via physical or wireless connection, by loading a fully charged battery into the vehicle, or by other means.
(b) An electric utility's request for approval of a pilot program under this chapter must include the following:
(1) A full description of the need for and goals of the pilot program.
(2) A full description of objective evaluation criteria that will be used to measure the success or usefulness of the pilot program.
(3) An estimate of all costs of the pilot program, including an estimate of the costs to be borne by participating customers of the electric utility, nonparticipating customers of the electric utility, and the general public, as applicable.
(4) A timeline for completion or termination of the pilot program.
(5) A plan demonstrating that the charging infrastructure to be installed under the pilot program will be located in an equitable manner that ensures that all customers within the electric utility's service area have convenient access to the charging infrastructure, including in areas that are:
(A) economically distressed; or
(B) racially or ethnically diverse.
(6) Supporting evidence as to why the pilot program is in the public interest, including information as to how participating customers of the electric utility, nonparticipating customers of the electric utility, and the general public may be affected by the pilot program.
(c) An electric utility's request for approval of a pilot program under this chapter may include a request for:
(1) assurance of cost recovery for pilot program capital costs, up to the amount of an approved cost estimate; and
(2) deferral of pilot program capital costs.
(d) Subject to subsection (f), an electric utility may request approval of a pilot program under this chapter:
(1) through a proceeding initiated under IC 8-1-2-61, whether as a standalone proposal or as part of a base rate case;
(2) as an alternative regulatory plan under IC 8-1-2.5; or
(3) through any other process prescribed by the commission.
(e) The commission shall approve an electric utility's request for approval of a pilot program under this chapter if, after notice and an opportunity for hearing, the commission determines that the proposed pilot program is reasonable, just, and in the public interest. In making a determination under this subsection, the commission shall consider the following:
(1) The goals of the pilot program, including any data that will be measured or collected through the pilot program, such as data concerning customers' electric charging behavior, the electric utility's load management capabilities, or the impact of public use EVs on the electric utility's distribution system.
(2) Whether the pilot program includes objective evaluation criteria consisting of clearly defined metrics to be used in assessing the success of the pilot program.
(3) The extent to which the estimated costs of the proposed pilot program will be borne by:
(A) participating customers of the electric utility;
(B) nonparticipating customers of the electric utility; and
(C) the general public;
based on the evidence in the record of the proceeding.
(4) Information as to any benefits that may inure to:
(A) participating customers of the electric utility;
(B) nonparticipating customers of the electric utility; and
(C) the general public;
as a result of the pilot program, based on the evidence in the record of the proceeding.
(5) The reasonableness of the:
(A) scale; and
(B) duration;
of the pilot program in relation to the estimated costs and benefits of the program, the electric utility's total customer base and service area, and the stated goals of the program.
(6) Whether the electric utility's proposal includes a plan demonstrating that the charging infrastructure to be installed under the pilot program will be located in an equitable manner that ensures that all customers within the electric utility's service area have convenient access to the charging infrastructure, including in areas that are:
(A) economically distressed; or
(B) racially or ethnically diverse.
(7) Other factors the commission considers relevant in determining whether the proposed pilot program is reasonable, just, and in the public interest.
(f) This chapter does not prohibit an electric utility from:
(1) installing, owning, or operating charging infrastructure or make-ready infrastructure for electric vehicles; and
(2) seeking to include the associated capital costs in the electric utility's basic rates and charges through a proceeding initiated under IC 8-1-2-61.
The commission shall approve the inclusion of the capital costs described in subdivision (2) in the electric utility's basic rates and charges if the commission finds that the capital costs incurred are reasonable, just, and in the public interest.
As added by P.L.94-2022, SEC.4.