Introduced Version
HOUSE BILL No. 1374
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 6-1.1-8-3; IC 8-1-2-129.
Synopsis: Customer-generator facilities. Provides that a
customer-generator facility that owns only definite situs property that
is located in one taxing district is not subject to assessment as a public
utility and shall be locally assessed. Requires the utility regulatory
commission to amend the rules governing interconnection to allocate:
(1) interconnection costs to a customer-generator facility; and (2)
distribution system improvement costs related to interconnection to an
investor-owned utility.
Effective: Upon passage; July 1, 2013.
Koch
January 22, 2013, read first time and referred to Committee on Utilities and Energy.
Introduced
First Regular Session 118th General Assembly (2013)
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HOUSE BILL No. 1374
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 6-1.1-8-3; (13)IN1374.1.1. -->
SECTION 1. IC 6-1.1-8-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) Except as
provided in subsection (c), the following companies are subject to
taxation under this chapter:
(1) Each company which is engaged in the business of
transporting persons or property.
(2) Each company which is engaged in the business of selling or
distributing electricity, gas, steam, or water.
(3) Each company which is engaged in the business of
transmitting messages for the general public by wire or airwaves.
(4) Each company which is engaged in the business of operating
a sewage system or a sewage treatment plant.
(b) The companies which are subject to taxation under this chapter
include, but are not limited to:
(1) bridge companies;
(2) bus companies;
(3) express companies;
(4) light, heat, or power companies;
(5) pipeline companies;
(6) railroad companies;
(7) railroad car companies;
(8) sleeping car companies;
(9) street railway companies;
(10) telephone, telegraph, or cable companies;
(11) tunnel companies; and
(12) water distribution companies.
(c) The following companies are not subject to taxation under this
chapter:
(1) Aviation companies.
(2) Broadcasting companies.
(3) Television companies.
(4) Water transportation companies.
(5) Companies which are operated by a municipality or a
municipal corporation, except those utility companies owned or
held in trust by a first class city.
(6) A customer-generator facility that owns only definite situs
property that is located in one (1) taxing district. For purposes
of this subdivision, "customer-generator facility" has the
meaning set forth in 170 IAC 4-4.3-1(d).
SOURCE: IC 8-1-2-129; (13)IN1374.1.2. -->
SECTION 2. IC 8-1-2-129 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 129. (a) The definitions in 170 IAC 4-4.3,
as in effect January 1, 2013, apply throughout this section.
(b) Not later September 1, 2013, the commission shall adopt
rules to amend the interconnection rules adopted by the
commission and codified at 170 IAC 4-4.3. The commission shall
adopt the rules required by this subsection in the same manner as
emergency rules are adopted under IC 4-22-2-37.1. The rules
adopted by the commission under this subsection must do the
following:
(1) Allocate costs associated with the interconnection and
operation of a customer-generator facility to the customer
generator facility.
(2) Allocate costs incurred by an investor-owned utility for
distribution system improvements related to interconnection
to the investor-owned utility.
Emergency rules adopted under this section expire on the date the
final rules are adopted by the commission under IC 4-22-2-24
through IC 4-22-2-36.
(c) Not later than July 1, 2013, the commission shall evaluate the
interconnection rules adopted by the commission and codified at
170 IAC 4-4.3 for compliance with the requirements set forth in
subsection (b). To the extent that any rules codified at 170
IAC 4-4.2 and 170 IAC 4-4.3 do not meet the requirements set
forth in subsection (b), the rules are void. Not later than July 15,
2013, the commission shall notify the publisher of the Indiana
Administrative Code and Indiana Register of any rules codified at
170 IAC 4-4.2 and 170 IAC 4-4.3 that are void under this
subsection. The publisher shall remove the rules that are void
under this subsection from the Indiana Administrative Code.
(d) Not later than November 1, 2014, the commission shall
report to the regulatory flexibility committee established by
IC 8-1-2.6-4 on the commission's progress under subsection (c) in
finally adopting, under IC 4-22-2-24 through IC 4-22-2-36, the
emergency rules initially adopted by the commission under
subsection (b).
(e) This section expires January 1, 2015.
SOURCE: ; (13)IN1374.1.3. -->
SECTION 3.
An emergency is declared for this act.