Indiana 2023 Regular Session Status: Enacted 7 R cosponsors

SB 9 — Energy utilities.

Last action — Public Law 2

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 17, 2023. Enacted.

Prognosis

Likely to advance 62% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 8 sponsors

    4 primary, 4 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (7 R).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Indiana Code chapter concerning federally mandated requirements for energy utilities as follows: (1) Specifies that for purposes of the statute, "federally mandated costs" include the following: (A) Costs that an energy utility has incurred, or estimates that it will incur, in connection with a compliance project. (B) Costs that are directly related to the preparation and conduct of a regulatory proceeding. (C) Costs related to a compliance project and incurred by an energy utility before the date of: (i) the energy utility's application to the Indiana utility regulatory commission (IURC) for a certificate of public convenience and necessity (certificate) with respect to the compliance project; or (ii) the IURC's order with respect to the application; if the IURC finds the costs are just and reasonable. (2) Provides that an energy utility's application for a certificate for a compliance project must be filed either: (A) before; or (B) within a reasonable time with respect to; any federally mandated compliance date. (3) Specifies that recovery of the 80% of IURC-approved federally mandated costs that an energy utility may recover through a rate adjustment mechanism must commence no earlier than: (A) the date of a final agency action regarding the federally mandated requirement; or (B) in the absence of a final agency action, the date on which the federally mandated requirement becomes effective. Requires a public utility to notify the IURC if: (1) the public utility intends or decides to retire, sell, or transfer an electric generation facility with a capacity of at least 80 megawatts; and (2) the retirement, sale, or transfer: (A) was not set forth in; or (B) is to take place on a date earlier than the date specified in; the public utility's short term action plan in the public utility's most recently filed integrated resource plan (IRP). Provides that upon receiving such notice from a public utility, the IURC shall consider and may investigate the public utility's intention or decision to retire, sell, or transfer the electric generation facility. Provides that in considering the public utility's intention or decision, the commission shall examine the impact the retirement, sale, or transfer would have on the public utility's ability to meet: (1) the public utility's planning reserve margin requirements or other federal reliability requirements; and (2) the reliability adequacy metrics set forth in Indiana law. Provides that if the retirement, sale, or transfer was not set forth in, or is to take place earlier than specified in, the public utility's short term action plan in the public utility's most recently filed IRP, the IURC shall not permit the public utility's depreciation rates to be amended to reflect the accelerated date for the retirement, sale, or transfer of the electric generation asset unless the IURC finds that such an adjustment is necessary to ensure the ability of the public utility to provide reliable service to its customers, and that the unamended depreciation rates would cause an unjust and unreasonable impact on the public utility and its ratepayers. Authorizes the IURC to adopt a general administrative order to implement these provisions. Provides that these provisions: (1) do not apply to: (A) the retirement, sale, or transfer of a public utility's electric generation facility if the retirement, sale, or transfer is necessary for the public utility to comply with a federal consent decree; or (B) an electric generation facility that generates electricity for sale exclusively to the wholesale market; and (2) expire July 1, 2026.

Bill Text

We don't have the full text on file for this bill yet.

Read SB 9 on the official Indiana source →

Action History

  1. Public Law 2

  2. Signed by the Speaker

  3. Signed by the President of the Senate

  4. Signed by the Governor

  5. Senator Randolph removed as coauthor

  6. Senate concurred in House amendments; Roll Call 247: yeas 29, nays 12

  7. Motion to concur filed

  8. Returned to the Senate with amendments

  9. Signed by the President Pro Tempore

  10. Third reading: passed; Roll Call 270: yeas 64, nays 29

  11. Second reading: ordered engrossed

  12. Amendment #1 (Pierce) failed; Roll Call 265: yeas 29, nays 60

  13. Representative Frye added as cosponsor

  14. Committee report: amend do pass, adopted

  15. Representative Manning added as cosponsor

  16. First reading: referred to Committee on Utilities, Energy and Telecommunications

  17. Referred to the House

  18. Senator Becker added as coauthor

  19. House sponsor: Representative Soliday

  20. Third reading: passed; Roll Call 180: yeas 40, nays 9

  21. Senator Randolph added as coauthor

  22. Second reading: ordered engrossed

  23. Committee report: amend do pass, adopted

  24. Senator Tomes added as coauthor

  25. Senator Koch added as second author

  26. First reading: referred to Committee on Utilities

  27. Authored by Senators Leising and Glick

Sponsors

Sponsorship breakdown

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4 sponsors · 4 co-sponsors · 142 not signed on

Sponsors (4)

Co-sponsors (4)

Not signed on (142)

142 members have not signed on to this bill.

Show all 142 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 9 do?
Amends the Indiana Code chapter concerning federally mandated requirements for energy utilities as follows: (1) Specifies that for purposes of the statute, "federally mandated costs" include the following: (A) Costs that an energy utility has incurred, or estimates that it will incur, in connection with a compliance project. (B) Costs that are directly related to the preparation and conduct of a regulatory proceeding. (C) Costs related to a compliance project and incurred by an energy utility before the date of: (i) the energy utility's application to the Indiana utility regulatory commission (IURC) for a certificate of public convenience and necessity (certificate) with respect to the compliance project; or (ii) the IURC's order with respect to the application; if the IURC finds the costs are just and reasonable. (2) Provides that an energy utility's application for a certificate for a compliance project must be filed either: (A) before; or (B) within a reasonable time with respect to; any federally mandated compliance date. (3) Specifies that recovery of the 80% of IURC-approved federally mandated costs that an energy utility may recover through a rate adjustment mechanism must commence no earlier than: (A) the date of a final agency action regarding the federally mandated requirement; or (B) in the absence of a final agency action, the date on which the federally mandated requirement becomes effective. Requires a public utility to notify the IURC if: (1) the public utility intends or decides to retire, sell, or transfer an electric generation facility with a capacity of at least 80 megawatts; and (2) the retirement, sale, or transfer: (A) was not set forth in; or (B) is to take place on a date earlier than the date specified in; the public utility's short term action plan in the public utility's most recently filed integrated resource plan (IRP). Provides that upon receiving such notice from a public utility, the IURC shall consider and may investigate the public utility's intention or decision to retire, sell, or transfer the electric generation facility. Provides that in considering the public utility's intention or decision, the commission shall examine the impact the retirement, sale, or transfer would have on the public utility's ability to meet: (1) the public utility's planning reserve margin requirements or other federal reliability requirements; and (2) the reliability adequacy metrics set forth in Indiana law. Provides that if the retirement, sale, or transfer was not set forth in, or is to take place earlier than specified in, the public utility's short term action plan in the public utility's most recently filed IRP, the IURC shall not permit the public utility's depreciation rates to be amended to reflect the accelerated date for the retirement, sale, or transfer of the electric generation asset unless the IURC finds that such an adjustment is necessary to ensure the ability of the public utility to provide reliable service to its customers, and that the unamended depreciation rates would cause an unjust and unreasonable impact on the public utility and its ratepayers. Authorizes the IURC to adopt a general administrative order to implement these provisions. Provides that these provisions: (1) do not apply to: (A) the retirement, sale, or transfer of a public utility's electric generation facility if the retirement, sale, or transfer is necessary for the public utility to comply with a federal consent decree; or (B) an electric generation facility that generates electricity for sale exclusively to the wholesale market; and (2) expire July 1, 2026.
Who sponsors SB 9?
SB 9 is sponsored by Randall Frye, Ethan Manning (Republican), Edmond Soliday (Republican), Vaneta Becker (Republican), James Tomes (Republican), Susan Glick (Republican), Eric Koch (Republican), and Jean Leising (Republican).
What is the current status of SB 9?
This bill has been enacted into law. Introduced January 17, 2023. Enacted.
Where can I track SB 9?
Track SB 9 free on One Click Politics — get push/email alerts when it moves.

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