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Indiana General Assembly
House Bill 1360


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House Bill 1360

ARCHIVE (2009)

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DIGEST OF HB 1360 (Updated April 7, 2009 2:09 pm - DI 58)

State energy policy. Requires the utility regulatory commission (IURC) to consider in the rate base of a public utility that complies with certain renewable energy standards (RES) any capital expenditures made by the public utility to extend gas or electric service to a customer that produces biofuels or is a renewable energy manufacturing facility. Requires the IURC to provide certain financial incentives for implementing electric line facilities projects to electricity suppliers that comply with a certain RES. Allows a public utility that proposes to take, acquire, condemn, or appropriate land, real estate, or any interest in land or real estate for certain projects related to electric line facilities to obtain from the IURC a certificate of authority. Requires the IURC to hold a public hearing and to find that the public utility has demonstrated certain elements, and to encourage investment in electric line facilities by creating financial incentives that the IURC finds to be reasonable and necessary. Modifies common law to provide that the owner of land against which eminent domain is initiated may object to the public purpose and necessity of the project only if the condemnor has not been issued a certificate of authority. Provides that: (1) low carbon dioxide emitting or non-carbon dioxide emitting energy production or generating facilities; and (2) purchases of energy produced by such facilities; qualify for the financial incentives available for clean coal and energy projects. Provides that an eligible business may recover qualified utility system expenses, which include specified preconstruction costs, associated with a: (1) new energy production or generating facility; or (2) low carbon dioxide emitting or non-carbon dioxide emitting energy production or generating facility. Amends definition of alternative energy projects to conform with definition of renewable energy resources. Requires electricity suppliers to comply with an RES by specified dates. Provides that an electricity supplier that does not comply with a higher RES is not eligible for certain financial incentives related to renewable energy development. Requires the IURC to allow the recovery of reasonable and necessary costs incurred by an energy utility in connection with a green infrastructure project that provides electric, steam, or gas service to or receives electric, steam, or gas service from an alternate energy production facility, a renewable energy manufacturing facility, or renewable resources. Provides that an energy utility may implement a rate adjustment if the IURC fails to act on an application. Requires an investor owned electric utility to offer net metering to certain customers that generate electricity from renewable energy resources. Establishes a billing method for net metering customers. Voids conflicting administrative rules. Establishes the office of alternative energy incentives (office) within the office of energy development to administer a program to provide incentives for rural electric membership corporations (corporations) and their cooperatively owned power suppliers to develop alternative energy projects. Provides that: (1) the director of the office of energy development; or (2) the designee of the director of the office of energy development; shall serve as the office's director. Allows two or more corporations that are members of the same cooperatively owned power supplier to develop alternative energy projects jointly. Gives the office authority to adopt rules to implement the program. Provides that a corporation shall have access to federal economic stimulus funds: (1) for the same uses; and (2) in accordance with the same processes; as any other energy utility may have access to or use federal economic stimulus money.
Current Status:
 Out of Committee 2nd House
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