HB 1116-1_ Filed 01/30/2002, 15:26
Text Box
Adopted Rejected
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COMMITTEE REPORT
YES:
8
NO:
4
MR. SPEAKER:
Your Committee on Commerce, Economic Development and Technology , to which
was referred House Bill 1116 , has had the same under consideration and begs leave to
report the same back to the House with the recommendation that said bill be amended as
follows:
SOURCE: Page 1, line 1; (02)CR111601.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 8-1-2-6.1; (02)CR111601.1. -->
"SECTION 1.
IC 8-1-2-6.1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 6.1. (a) As used in this
section, "clean coal technology" means a technology (including
precombustion treatment of coal):
(1) that is used at a new or existing electric generating facility and
directly or indirectly reduces airborne emissions of sulfur or
nitrogen based pollutants associated with the combustion or use
of coal; and
(2) that either:
(A) is not in general commercial use at the same or greater
scale in new or existing facilities in the United States as of
January 1, 1989; or
(B) has been selected by the United States Department of
Energy for funding under its Innovative Clean Coal
Technology program and is finally approved for such funding
on or after January 1, 1989.
(b) As used in this section, "Indiana coal" means coal from a mine
whose coal deposits are located in the ground wholly or partially in
Indiana regardless of the location of the mine's tipple.
(c) Except as provided in subsection (d), the commission shall allow
a utility to recover as operating expenses those expenses associated
with:
(1) research and development designed to increase use of Indiana
coal; and
(2) preconstruction costs (including design and engineering costs)
associated with employing clean coal technology at a new or
existing coal burning electric generating facility if the
commission finds that the facility:
(A) utilizes and will continue to utilize (as its primary fuel
source) Indiana coal; or
(B) is justified, because of economic considerations or
governmental requirements, in utilizing non-Indiana coal;
after the technology is in place.
(d) The commission may only allow a utility to recover
preconstruction costs as operating expenses on a particular project if
the commission awarded a certificate under
IC 8-1-8.7
for that project.
(e) The commission shall establish guidelines for determining
recoverable expenses.
(f) The commission has jurisdiction over transactions involving
the purchase of clean coal technology from third parties, including
the purchase of precombustion coal treated by gasification. The
commission's jurisdiction includes the authority to review the
terms of a transaction and determine whether the transaction is in
the public interest.
SOURCE: IC 8-1-2-83; (02)CR111601.2. -->
SECTION 2.
IC 8-1-2-83
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 83. (a)
No This section does not
apply to the following:
(1) A corporation organized or operating under
IC 8-1-13.
(2) A corporation that:
(A) is organized under IC 23-17; and
(B) has members that are local district corporations (as
defined in
IC 8-1-13-23
).
(b) As used in this section, "control" means the power to direct
the management and policies of a public utility, utility company, or
holding company through:
(1) ownership of voting securities or stock;
(2) the terms of a contract; or
(3) other means.
The term does not include power to direct management and
policies derived from holding an official position or corporate
office with the public utility, utility company, or holding company.
A person that owns, controls, or has the power to vote or the power
to vote proxies that constitute at least twenty percent (20%) of the
total vote power of a public utility, utility company, or holding
company is presumed to have control of the public utility, utility
company, or holding company.
(c) As used in this section, "holding company" means a
company that has control over at least one (1) of the following:
(1) A public utility (as defined in section 1 of this chapter).
(2) A utility company.
(d) As used in this section, "person" means:
(1) an individual;
(2) a firm;
(3) a corporation;
(4) a company;
(5) a partnership;
(6) a limited liability company;
(7) an association;
(8) a trustee;
(9) a lessee; or
(10) a receiver.
(e) As used in this section, "reorganization" means a transaction
that results in:
(1) a change in the ownership of a majority of the voting
capital stock of a public utility;
(2) a change in the ownership or control of an entity that owns
or controls a majority of the voting capital stock of a public
utility;
(3) the merger of two (2) or more public utilities; or
(4) the acquisition by a public utility of substantially all the
assets of another public utility.
(f) As used in this section, "utility company" means every
corporation, company, partnership, limited liability company,
individual, or association of individuals, their lessees, trustees, or
receivers appointed by a court, that may own, operate, manage, or
control any plant or equipment for the:
(1) conveyance of telegraph or telephone messages;
(2) production, transmission, delivery, or furnishing of heat,
light, water, or power; or
(3) collection, treatment, purification, and disposal in a
sanitary manner of liquid and solid waste, sewage, night soil,
and industrial waste.
The term does not include a municipality that acquires, owns, or
operates any of the foregoing facilities.
(g) A public utility, as defined in section 1 of this chapter,
shall may
not do any of the following without approval of the commission
after a hearing:
(1) Sell, assign, transfer, lease, or encumber its franchise, works,
or system to any other person, partnership, limited liability
company, or corporation.
or
(2) Contract for the operation of any part of its works or system by
any other person, partnership, limited liability company, or
corporation.
without the approval of the commission after hearing.
And no such
(3) Contract for or effect a reorganization of the public utility.
(4) Acquire control of a public utility, utility company, or
holding company.
(h) A person may not acquire control of a public utility or a
holding company of a public utility without approval of the
commission after a hearing.
(i) A holding company that controls one (1) or more public
utilities may not acquire control of a utility company without
approval of the commission after a hearing.
(j) A public utility, except temporarily or in case of emergency and
for a period of not exceeding thirty (30) days,
shall may not make any
special contract at rates other than those prescribed in its schedule of
rates theretofore filed with the commission, and in force, with any other
utility for rendering any service to or procuring any service from such
other utility, without the approval of the commission. It shall be lawful,
however, for any utility to make a contract for service to or from
another utility at rates previously filed with and approved by the
commission and in force.
(b) (k) The approval of the commission of the sale, assignment,
transfer, lease, or encumbrance of a franchise or any part thereof under
this section shall not revive or validate any lapsed or invalid franchise,
or enlarge or add to the powers and privileges contained in the grant of
any franchise or waive any forfeiture. No such public utility shall
directly or indirectly purchase, acquire, or become the owner of any of
the property, stock, or bonds of any other public utility authorized to
engage or engaged in the same or a similar business, or operating or
purporting to operate under a franchise from the same or any other
municipality or under an indeterminate permit unless authorized so to
do by the commission.
(l) The commission shall issue an order not later than one
hundred eighty (180) days after a petition seeking approval is filed
under this section. If the commission fails to issue an order within
one hundred eighty (180) days after the petition is filed, the petition
is considered approved.
(c) (m) Nothing contained in this section shall prevent the holding
of stock lawfully acquired before May 1, 1913, or prohibit, upon the
surrender or exchange of said stock pursuant to a reorganization plan,
the purchase, acquisition, taking, or holding by the owner of a
proportionate amount of the stock of any new corporation organized to
take over at foreclosure or other sale, the property of the corporation
whose stock has been thus surrendered or exchanged.
(d) (n) Every contract by any public utility for the purchase,
acquisition, assignment, or transfer to it of any of the stock of any other
public utility by or through any person, partnership, limited liability
company, or corporation without the approval of the commission shall
be void and of no effect, and no such transfer or assignment of such
stock upon the books of the corporation pursuant to any such contract
shall be effective for any purpose.".
SOURCE: Page 2, line 12; (02)CR111601.2. -->
Page 2, line 12, after "Imposes" insert "
on a utility, other than a
telephone company (as defined in
IC 8-1-2-88
) that provides local
exchange telephone service,".
Page 2, line 12, delete "of not more than twenty-five" and insert " of:
(1) five thousand dollars ($5,000) for an initial violation or
noncompliance found under subsection (d); or
(2) fifteen thousand dollars ($15,000) for a second or
subsequent violation or noncompliance found under
subsection (d).".
Page 2, delete line 13.
Page 2, line 14, delete "noncompliance found under subsection (d)."
and block left beginning with "For".
Page 2, line 41, after "(e)." insert " If the attorney general prevails
in an action under this subsection, the attorney general may
recover reasonable attorney's fees and court costs.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1116 as introduced.)
and when so amended that said bill do pass.
__________________________________
CR111601/DI 103 2002