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Indiana 2010 Legislative Session

 

 
   

General Assembly debates but does not pass net metering, energy efficient buildings, & Co2 pipeline Bills

Even though this was a "short" session of the General Assembly, several significant bills were hot topics of debate. Of special interest to the Hoosier Chapter were bills addressing net metering (HB 1094 and SB 313), energy efficient buildings (HB 1063), and carbon dioxide transportation by pipeline (SB 115). Ultimately, none of these bills passed.

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Net Metering

HB 1094 was sponsored by Rep. Ryan Dvorak (D-South Bend) and co-sponsored by Reps. Eric Koch (R-Bedford), Wes Culver (R-Goshen), and Win Moses (D-Ft. Wayne). Compared to current law, the bill called for:

  • Expansion of net metering to all classes of customers of investor-owned but not cooperatively- or municipally-owned utilities;
  • Extension of net metering to larger distributed generation facilities designed to serve all or part of a customer's load irrespective of size;
  • Allowance of net metering to offset electric usage on multiple meters for the same customer;
  • Eligible facilities including those generating power from the following sources: wind, solar, new microhydroelectric and existing hydroelectric dams, biogas, methane from waste, fuel cells using renewable fuel sources, internal combustion technology using renewable fuels or natural gas, and combined heat and power systems with efficiency greater than 70%;
  • A rulemaking conducted by the Indiana Utility Regulatory Commission to implement the bill, with an "emergency" rule to be completed not later than July 1, 2010.

Conservation Chair Mike Mullet testified in support of the bill on behalf of the Hoosier Chapter, subject to certain changes regarding eligible facilities and clarifications regarding bill credits. Commanding majorities among both Democrats and Republicans, HB 1094 passed the House by a vote of 78 to 21. However, the bill died in the Senate after being stripped in committee to insert the provisions of SB 313.

Sponsored by Sens. Jim Merritt (R-Indianapolis) and Ed Charbonneau (R-Valparaiso) and co-sponsored by Sens. Bev Gard (R-Greenfield), Marlin Stutzman (R-Howe), Jean Breaux (D-Indianapolis), Sue Errington (D-Muncie), and Richard Young (D-Milltown), SB 313 also would have extended the eligibility for net metering to all customer classes of all investor-owned utilities and to larger distributed generation facilities. However, it would have also:

  • Denied the ability to carry forward bill credits to later billing periods for customers with distributed generation facilities over 10 kw;
  • Defined facilities eligible for net metering to include wind, solar and existing hydroelectric dams, and fuel cells, while also including dedicated crops, a wide range of organic biomass, any waste converted to energy, and energy storage systems, but excluding new microhydroelectic, internal combustion and combined heat and power facilities;
  • Made the net metering customer responsible for all costs of interconnecting a distributed generation system to the electric grid;
  • Prohibited meter aggregation; and
  • Been implemented through an IURC rulemaking, but on a slower schedule than HB 1094.

Conservation Chair Mike Mullett testified on behalf of the Hoosier Chapter in support of the bill, but only with changes regarding eligible facilities, bill credits, cost allocation, and meter aggregation. Amended on second reading to include bill credits in future billing periods for customers with distributed generation facilities up to 200 kw, the bill passed the Senate 49 to 0. In the House, the bill was stripped, with the provisions of HB 1094 as it had passed the House inserted instead, along with a wind-only Renewable Energy Standard (RES). As amended, SB 313 passed the house 68-31, commanding a majority of Democratic but only a minority of Republican votes.

In conference committee, both Sen. Merritt and Rep. Dvorak put forward proposed conference reports. The Hoosier Chapter and its allies Citizens Action Coalition, Hoosier Environmental Council and Indiana Distributed Energy Advocates worked valiantly to achieve a compromise between the House and Senate versions of SB 313. However, these efforts were blocked by the investor-owned utilities and net metering legislation died at the end of the session as it had in 2009.

This year, however, it is expected that the Indiana Utility Regulatory Commission will initiate rulemaking to significantly expand net metering notwithstanding the failure of the General Assembly to pass a bill.


Energy Efficient Buildings

HB 1063 was sponsored by Rep. Matt Pierce (D-Bloomington) and Mara Reardon (D-Munster). In essence, this bill required that any new or renovated government building with over 5,000 square feet and costing more than $500,000 must meet at least the Silver LEED standard of efficiency, or the equivalent. Legislative Chair Glenn Pratt testified on behalf of the Hoosier Chapter in support of the bill. The bill narrowly passed the House 51 to 47 on a near party line vote. In the Senate, the bill was amended to make it discretionary and narrowly passed out of Committee, but died without a vote in the full Senate.


Eminent Domain for CO2 Pipelines

SB 115 was authored principally by Sen. Bev Gard (R-Greenfield). It would have authorized a private entity (even if not a public utility) to exercise the power of eminent domain to acquire land, other real estate, or any temporary or permanent interest in land or other real estate required to accomplish the transportation within the State of carbon dioxide by pipeline. The Hoosier Chapter associated itself with the ardent testimony of Citizens Action Coalition against the bill. The bill passed the Senate on a bi-partisan vote of 36 to 12. However, thanks to stalwart opposition by Rep. Win Moses, Chair of the Committee on Commerce, Energy, Technology and Utilities, the bill died without a hearing in the House

 

Underground storage tank corrective action

SB 127 was authored by Sen. Bev Gard (R-Greenfield). The Hoosier Chapter in testimony by Glenn Pratt generally supported the bill, but pointed out several areas needing clarification/modification. The bill passed the Senate. The bill died without a hearing in the House. The major focus of the bill was to limit the award of attorney's fees and court costs after a responsible party agrees to remediate the release in accordance with rules and guidelines of the department of environmental management (IDEM). Technical modification to the process were also proposed. This is expected to again be reviewed in the Enviromental Quality Service Council summer study committee.

 

Various environmental issues

SB 209 was authored by Sen. Bev Gard (R-Greenfield). The Hoosier Chapter in testimony by Glenn Pratt generally supported the bill, but pointed out several significant areas needing clarification/modification. Most of the concerns were addressed in the Senate. Much of the bill dealt with procedural or process change, definitions, etc. at IDEM including statutes pertaining to underground storage tanks, petroleum facilities, hazardous substance facilities, drinking water and wastewater management. The bill passed out of the Senate and the House Committee on Environmental Affairs, but did not receive a vote by the House.


Lake Management Work Group

HB 1040 was authored by Rep. Dembowski. The Hoosier Chapter in testimony by Glenn Pratt fully supported the bill to reauthorize the Lake Management Work Group as critical to the bipartisan study of lake management and water quality issues. It was pointed out that the Work Group has served an important role in evaluating and proposing resolution to a number of critical issues. Sierra proposed that rather than just extending the Work Group that it be made permanent. The bill was passed by the House and Senate and signed into law by the governor.

 

 

 

 

 

 

"Commanding

majorities among

both Democrats and Republicans, HB 1094 passed the House by a vote of 78 to 21. However, the bill

died in the Senate"

 

 

 

 

 

The senate version

of the bill denied the ability to carry forward

bill credits to later

billing periods for customers with distributed generation facilities over 10 kw

 

 

 

 

 

 

The Hoosier Chapter

and its allies Citizens Action Coalition,

Hoosier Environmental Council and Indiana Distributed Energy Advocates worked valiantly to achieve a compromise

 

 

 

 

 

 

However, these

efforts were blocked

by the investor-owned utilities and

net metering

legislation died

 

 

 

 

 

 

 

 

 

Thanks to stalwart opposition by

Rep. Win Moses,

... this misguided

bill died without

a hearing in

the House

 

 

 

 

 

 

 

 

 

 

 

 

 

The Hoosier Chapter

in testimony by Glenn Pratt fully supported

the bill to reauthorize

the Lake Management Work Group



   
   

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