Bill Text: IN HB1278 | 2012 | Regular Session | Introduced
Bill Title: Net metering.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-11 - First reading: referred to Committee on Utilities and Energy [HB1278 Detail]
Download: Indiana-2012-HB1278-Introduced.html
Citations Affected: IC 8-1-2.5-9.
Synopsis: Net metering. Requires the utility regulatory commission
(IURC) to adopt emergency rules amending the IURC's net metering
and interconnection rules for electric utilities to: (1) make net metering
available to all customer classes; (2) allow a net metering customer to
interconnect to an electric utility's distribution facility a generating
system that is sized to meet all or part of the customer's electric load;
(3) allow a net metering customer to interconnect a generating facility
that makes use of specified technologies; and (4) allow for customer
meter aggregation. Provides that a rule adopted by the IURC to amend
the IURC's net metering and interconnection rules may not make the
net metering and interconnection rules apply to a rural electric
membership corporation or a municipally owned utility. Provides that
the existing rules are void to the extent they do not comply with the
requirements for the amended rules. Requires the IURC to report to the
regulatory flexibility committee on the IURC's progress in adopting the
amended rules. Requires the IURC to include in its annual report to the
regulatory flexibility committee the following information concerning
net metering: (1) For each electric utility, the number of net metering
customers and the nameplate capacity of the net metering facilities
used. (2) A description of any safety related incidents. (3) A description
of any grid reliability incidents. (4) For each electric utility, an estimate
of any subsidization of the utility's net metering program provided by
nonparticipating customers. Amends the statute concerning the reports
prepared for and by the regulatory flexibility committee to reflect the
time frame of the general assembly's interim study committee schedule.
Effective: Upon passage.
January 10, 2012, read first time and referred to Committee on Utilities and Energy.
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A BILL FOR AN ACT to amend the Indiana Code concerning
utilities.
(b) The commission shall
(1) For each electric utility required to offer, or otherwise
offering, net metering to one (1) or more of the electric
utility's customer classes, the number of net metering
customers identified by customer class and nameplate
capacity.
(2) A description of each safety related incident that occurred
in connection with any electric utility's net metering program
during the year covered by the report, including the outcome
of the incident and any remedial measures taken in response
to the incident.
(3) A description of each grid reliability incident that
occurred in connection with any electric utility's net metering
program during the year covered by the report, including the
outcome of the incident and any remedial measures taken in
response to the incident.
(4) An estimate of the impact of net metering on the rates
charged or service provided to nonparticipating ratepayers of
each electric utility identified under subdivision (1), including
an estimate of any subsidization of the electric utility's net
metering program provided by nonparticipating customers.
(c) In addition to reviewing the commission report prepared under
subsection (b), the regulatory flexibility committee shall also issue a
report, and which may include any recommendations that the
regulatory flexibility committee considers appropriate, to the
legislative council before November 1 of each year. that are The
report must be based on a review of the following issues:
(1) The effects of competition or changes in the energy utility
industry and the impact of the competition or changes on the
residential rates.
(2) The status of modernization of the energy utility facilities in
Indiana and the incentives required to further enhance this
infrastructure.
(3) The effects on economic development of this modernization.
(4) The traditional method of regulating energy utilities and the
method's effectiveness.
(5) The economic and social effectiveness of traditional energy
utility service pricing.
(6) The effects of legislation enacted by the United States
Congress.
(7) All other energy utility issues the committee considers
appropriate. However, it is not the intent of this section to provide
for the review of the statutes cited in section 11 of this chapter.
The report and any recommendations issued under this subsection to
the legislative council must be in an electronic format under IC 5-14-6.
(d) This section:
(1) does not give a party to a collective bargaining agreement any
greater rights under the agreement than the party had before
January 1, 1995;
(2) does not give the committee the authority to order a party to
a collective bargaining agreement to cancel, terminate, amend or
otherwise modify the collective bargaining agreement; and
(3) may not be implemented by the committee in a way that would
give a party to a collective bargaining agreement any greater
rights under the agreement than the party had before January 1,
1995.
(e) The regulatory flexibility committee shall meet on the call of the
co-chairs to study energy utility issues described in subsection (c). The
committee shall, with the approval of the commission, retain
independent consultants the committee considers appropriate to assist
the committee in the review and study. The expenses for the
consultants shall be paid with funds from the public utility fees
assessed under IC 8-1-6.
(f) The legislative services agency shall provide staff support to the
committee.
(g) Each member of the committee is entitled to receive the same
per diem, mileage, and travel allowances paid to individuals who serve
as legislative members of interim study committees established by the
legislative council.
(b) Subject to subsection (c) and not later than August 1, 2012, the commission shall adopt rules to amend the net metering and interconnection rules adopted by the commission and codified at 170 IAC 4-4.2 and 170 IAC 4-4.3. The commission shall adopt the rules required by this subsection in the same manner as emergency rules are adopted under IC 4-22-2-37.1. The rules adopted by the commission under this subsection must do the following:
(1) Require an electric utility to offer net metering to all customer classes.
(2) Allow a net metering customer to interconnect to an electric utility's distribution facility a generating system that is sized to meet all or part of a customer's electric load.
(3) Allow a net metering customer to interconnect a facility that generates electricity through any of the following
technologies:
(A) Solar.
(B) Wind.
(C) Microhydroelectric facilities.
(D) Hydroelectric facilities at dams existing before
January 1, 2011.
(E) Combustion technology using renewable fuels or
natural gas.
(F) Fuel cells using renewable fuels.
(G) Biogas, including anaerobic digestion and algae
production systems.
(H) Methane from landfills or other waste products.
(I) Combined heat and power systems that achieve at least
seventy percent (70%) overall efficiency.
(4) Allow for customer meter aggregation.
(c) A rule adopted by the commission under subsection (b) may
not make the net metering and interconnection rules adopted by
the commission and codified at 170 IAC 4-4.2 and 170 IAC 4-4.3
apply to any of the following:
(1) A corporation organized under IC 8-1-13.
(2) 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.
(3) A municipally owned utility (as defined in IC 8-1-2-1(h)).
(d) Rules adopted under subsection (b) expire on the date the
rules are adopted by the commission under IC 4-22-2-24 through
IC 4-22-2-36.
(e) Not later than July 1, 2012, the commission shall evaluate the
net metering and interconnection rules adopted by the commission
and codified at 170 IAC 4-4.2 and 170 IAC 4-4.3 for compliance
with the requirements set forth in subsection (b). To the extent that
any rules codified at 170 IAC 4-4.2 and 170 IAC 4-4.3 do not meet
the requirements set forth in subsection (b), the rules are void. Not
later than July 15, 2011, the commission shall notify the publisher
of the Indiana Administrative Code and Indiana Register of any
rules codified at 170 IAC 4-4.2 and 170 IAC 4-4.3 that are void
under this subsection. The publisher shall remove the rules that are
void under this subsection from the Indiana Administrative Code.
(f) Not later than November 1, 2012, the commission shall report
to the regulatory flexibility committee established by IC 8-1-2.6-4
on the commission's progress under subsection (d) in finally
adopting, under IC 4-22-2-24 through IC 4-22-2-36, the emergency
rules initially adopted by the commission under subsection (b).
(g) This SECTION expires January 1, 2014.
