Indiana 2023 Regular Session Status: Enacted 7 R cosponsors

HB 1173 — Utility scale battery energy storage systems.

Last action — Public Law 217

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

This bill has been enacted into law. Introduced January 10, 2023. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 62% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 7 sponsors

    3 primary, 4 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (7 R).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Provides that a person may not: (1) construct a new utility scale battery energy storage system (BESS); or (2) expand the capacity of an existing BESS by more than 10% of the system's original capacity; without the prior approval of the department of homeland security (department). Sets forth information that must be included in an application to the department for approval of the construction or expansion of a BESS. Provides that: (1) a BESS for which installation is subject to department approval; and (2) an installation added to an existing BESS in an expansion for which department approval is required; must comply with the National Fire Protection Association's standard concerning stationary energy storage systems (NFPA 855). Provides that the total capacity of the batteries contained within a single enclosure in: (1) a BESS for which installation is subject to department approval; and (2) an installation added to an existing BESS in an expansion for which department approval is required; may not exceed 10 megawatt hours unless authorized under rules adopted by the fire prevention and building safety commission (commission). Provides that if a BESS installed after June 30, 2023, is located less than 1/2 mile from the nearest 100 year flood plain, all of the system's equipment must be located at least two feet above the 100 year frequency flood elevation. Requires the operator of a BESS to: (1) provide a copy of the operator's emergency response plan for the BESS; and (2) offer training to enable effective response to a fire or contaminant discharge at the BESS; to the fire department responsible for providing fire protection services in the area in which the BESS is located. Authorizes the commission to adopt rules to specify standards for the installation and operation of a BESS. Provides that the commission's rules: (1) must be consistent with NFPA 855; and (2) must include standards for: (A) chemical spill prevention and control; and (B) appropriate setbacks from surface water resources. Requires the department to issue to the interim study committee on energy, utilities, and telecommunication, not later than November 1, 2023, a report regarding the progress of the commission in adopting rules addressing the installation and operation of a BESS.

Bill Text

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

Read HB 1173 on the official Indiana source →

Action History

  1. Public Law 217

  2. Signed by the Governor

  3. Signed by the Speaker

  4. Signed by the President of the Senate

  5. Signed by the President Pro Tempore

  6. Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 484: yeas 94, nays 0

  7. Conference Committee Report 1: adopted by the Senate; Roll Call 471: yeas 46, nays 0

  8. CCR # 1 filed in the Senate

  9. CCR # 1 filed in the House

  10. Senate advisors appointed: Hunley, Garten and Bohacek

  11. Senate conferees appointed: Koch and Ford J.D.

  12. House advisors appointed: Soliday, Morris, Hall and Hamilton

  13. House conferees appointed: Pressel and Pierce M

  14. House dissented from Senate amendments

  15. Motion to dissent filed

  16. Returned to the House with amendments

  17. Senator Leising added as cosponsor

  18. Third reading: passed; Roll Call 268: yeas 49, nays 0

  19. Second reading: ordered engrossed

  20. Committee report: amend do pass, adopted

  21. Senator Bohacek added as cosponsor

  22. First reading: referred to Committee on Homeland Security and Transportation

  23. Referred to the Senate

  24. Third reading: passed; Roll Call 122: yeas 95, nays 0

  25. Senate sponsors: Senators Koch and Garten

  26. Second reading: ordered engrossed

  27. Committee report: amend do pass, adopted

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

  29. Authored by Representative Pressel

  30. Coauthored by Representatives Soliday and Morris

Sponsors

Sponsorship breakdown

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3 sponsors · 4 co-sponsors · 143 not signed on

Sponsors (3)

Co-sponsors (4)

Not signed on (143)

143 members have not signed on to this bill.

Show all 143 →

"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

public-safety 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 HB 1173 do?
Provides that a person may not: (1) construct a new utility scale battery energy storage system (BESS); or (2) expand the capacity of an existing BESS by more than 10% of the system's original capacity; without the prior approval of the department of homeland security (department). Sets forth information that must be included in an application to the department for approval of the construction or expansion of a BESS. Provides that: (1) a BESS for which installation is subject to department approval; and (2) an installation added to an existing BESS in an expansion for which department approval is required; must comply with the National Fire Protection Association's standard concerning stationary energy storage systems (NFPA 855). Provides that the total capacity of the batteries contained within a single enclosure in: (1) a BESS for which installation is subject to department approval; and (2) an installation added to an existing BESS in an expansion for which department approval is required; may not exceed 10 megawatt hours unless authorized under rules adopted by the fire prevention and building safety commission (commission). Provides that if a BESS installed after June 30, 2023, is located less than 1/2 mile from the nearest 100 year flood plain, all of the system's equipment must be located at least two feet above the 100 year frequency flood elevation. Requires the operator of a BESS to: (1) provide a copy of the operator's emergency response plan for the BESS; and (2) offer training to enable effective response to a fire or contaminant discharge at the BESS; to the fire department responsible for providing fire protection services in the area in which the BESS is located. Authorizes the commission to adopt rules to specify standards for the installation and operation of a BESS. Provides that the commission's rules: (1) must be consistent with NFPA 855; and (2) must include standards for: (A) chemical spill prevention and control; and (B) appropriate setbacks from surface water resources. Requires the department to issue to the interim study committee on energy, utilities, and telecommunication, not later than November 1, 2023, a report regarding the progress of the commission in adopting rules addressing the installation and operation of a BESS.
Who sponsors HB 1173?
HB 1173 is sponsored by Jean Leising (Republican), Mike Bohacek (Republican), Chris Garten (Republican), Eric Koch (Republican), Robert Morris (Republican), Edmond Soliday (Republican), and Jim Pressel (Republican).
What is the current status of HB 1173?
This bill has been enacted into law. Introduced January 10, 2023. Enacted.
Where can I track HB 1173?
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