I move that Engrossed House Bill 1824 be amended to read as follows:
adjustment mechanism, incurred by an electricity supplier
taking service under a tariff of, or being assessed costs by, a
regional transmission organization.
Sec. 8. (a) An electricity supplier must submit an application to the commission for approval of an electric line facilities project for which the electricity supplier seeks to receive a financial incentive created under section 7 of this chapter.
(b) The commission shall prescribe the form for an application submitted under this section.
(c) Upon receipt of an application under subsection (a), the commission shall review the application for completeness. The commission may request additional information from an applicant as needed.
(d) The commission shall, after notice and hearing, issue a determination of an electric line facilities project's eligibility for the financial incentives described in section 7 of this chapter not later than one hundred eighty (180) days after the date of the application.
(e) Subject to subsection (g), the commission shall approve an application by an electricity supplier for an electric line facilities project that is reasonable and necessary. An electric line facilities project is presumed to be reasonable and necessary if the electric line facilities project is consistent with, or part of, a plan developed by the regional transmission organization.
(f) This section does not relieve an electricity supplier of the duty to obtain any certificate required under IC 8-1-8.5 or IC 8-1-8.7.
(g) The commission shall not approve a financial incentive for that part of an electric line facilities project that exceeds the lesser of:
(1) five percent (5%) of the electricity supplier's rate base approved by the commission in the electricity supplier's most recent general rate proceeding; or
(2) one hundred million dollars ($100,000,000).".
equipment, or other facilities described in subsection (b) are used,
either directly by the electric utility or indirectly through an
affiliate or an unaffiliated third party, to provide broadband over
power lines or other communications service. Not later than sixty
(60) days after the date that the infrastructure, equipment, or other
facilities described in subsection (b) are first used, either directly
by the electric utility or indirectly through an affiliate or an
unaffiliated third party, to provide broadband over power lines or
other communications service, the electric utility shall refund to its
Indiana electric customers all incentives received by the electric
utility under section 7 of this chapter, plus interest.
construction of new dams or the expansion of existing dams.
(6) Solar photovoltaic cells and panels.
(7) Fuel cells that directly convert chemical energy in a hydrogen rich fuel into electricity.
(8) Sawmill waste, other than waste derived from virgin timber.
(9) Agricultural crop waste.
(10) Waste coal.
(11) Clean coal and energy projects (as defined in IC 8-1-8.8-2).
(12) Combined heat and power systems that:
(A) use natural gas or renewable energy resources as feedstock; and
(B) achieve at least seventy percent (70%) overall efficiency.
(13) Demand side management or efficiency programs that reduce electricity consumption or implement load management or demand response technologies that shift electric load from periods of higher demand to periods of lower demand, including the following:
(A) Home weatherization.
(B) Appliance efficiency modifications and replacements.
(C) Lighting efficiency modifications.
(D) Heating and air conditioning modifications or replacements.
(b) The term does not include energy from the incineration, burning, or heating of the following:
(3) General household, institutional, or commercial waste.
(4) Industrial lunchroom or office waste.
(5) Landscape waste.
(6) Construction or demolition debris.
(7) Feedstock that is municipal, food, plant, industrial, or animal waste from outside Indiana.
Sec. 6. (a) Each electricity supplier shall supply electricity that is generated from renewable energy resources described in sections 5(a)(1) through 5(a)(12) of this chapter, or that otherwise qualifies as a renewable energy resource under section 5(a)(13) of this chapter, to Indiana customers as a percentage of the total electricity supplied by the electricity supplier to Indiana customers during a calendar year as follows:
(1) Not later than the calendar year ending December 31, 2010, at least one percent (1%).
(2) Not later than the calendar year ending December 31, 2012, at least two and one-half percent (2.5%).
(3) Not later than the calendar year ending December 31, 2016, at least four percent (4%).
The commission shall conduct a public hearing to make a determination under this subsection.
(i) If the commission determines under subsection (h) that adequate renewable energy resources are not available or that the cost of available renewable energy resources is not reasonable, the commission shall:
(1) reduce or eliminate the affected electricity supplier's obligations under subsection (a) as appropriate; and
(2) review its determination not more than twelve (12) months after the reduction or elimination under subdivision (1) takes effect.
(j) The commission shall allow an electricity supplier to recover reasonable and necessary costs incurred in:
(1) constructing, operating, or maintaining facilities to comply with this chapter; or
(2) generating electricity from, or purchasing electricity generated from, a renewable energy resource;
by a periodic rate adjustment mechanism.
Sec. 7. (a) For purposes of calculating RECs to determine an electricity supplier's compliance with section 6(a) of this chapter, the following apply:
(1) Except as provided in subdivisions (2) through (4), one (1) megawatt hour of electricity generated from renewable energy resources in an Indiana facility equals one (1) REC.
(2) One (1) megawatt hour of electricity generated from a renewable energy resource described in section 5(a)(2), 5(a)(3), 5(a)(4), or 5(a)(8) of this chapter that originates in Indiana equals one and three-tenths (1.3) RECs.
(3) One (1) megawatt hour of electricity that is:
(A) generated from a renewable energy resource in the territory of a regional transmission organization; and
(B) imported into Indiana;
equals five-tenths (0.5) REC.
(4) One (1) megawatt hour of electricity that is generated by a renewable energy resource described in section 5(a)(12) of this chapter in Indiana equals five-tenths (0.5) REC.
(b) Electricity generated by any source outside the territory of a regional transmission organization may not be considered for purposes of calculating an REC to determine an electricity supplier's compliance with section 6(a) of this chapter.
(c) An electricity supplier may satisfy not more than ten percent (10%) of the electricity supplier's requirement under section 6(a) of this chapter by owning or purchasing RECs calculated under subsection (a)(4).
(d) An electricity supplier may not apportion all or part of a single megawatt of electricity among:
(1) more than one (1) renewable energy resource; or