Bill Text: IN HB1071 | 2010 | Regular Session | Introduced
Bill Title: Utility infrastructure projects.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-05 - First reading: referred to Committee on Commerce, Energy, Technology and Utilities [HB1071 Detail]
Download: Indiana-2010-HB1071-Introduced.html
Citations Affected: IC 8-1.
Synopsis: Utility infrastructure projects. Authorizes the utility
regulatory commission (IURC) to determine the applicability of local
zoning requirements to certain utilities. Requires the economic
development corporation, in conjunction with the IURC, to allow the
recovery of reasonable and necessary costs incurred by a public utility
in connection with a green infrastructure project that provides electric
or gas service to an alternate energy production facility.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Commerce, Energy,
Technology and Utilities.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities.
Chapter 22.7. Utility Zoning Requirements
Sec. 1. As used in this chapter, "applicant" means a utility that applies for a certificate of special exception under section 8 of this chapter.
Sec. 2. As used in this chapter, "certificate" means a certificate or other document that:
(1) is issued to a utility by the commission or the Federal Energy Regulatory Commission; and
(2) authorizes the utility to construct, build, maintain, rehabilitate, or operate facilities or other structures related to the business of the utility.
Sec. 3. As used in this chapter, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2.
Sec. 4. As used in this chapter, "division" refers to the pipeline
safety division of the commission established by IC 8-1-22.5-2.
Sec. 5. (a) As used in this chapter, "pipeline company" means a
person (as defined in IC 8-1-22.5-1(e)) that:
(1) constructs; or
(2) proposes to construct;
a pipeline (as defined in IC 8-1-22.5-1(c)).
(b) The term includes any:
(1) employee;
(2) agent;
(3) contractor;
(4) subcontractor; or
(5) other person;
that is employed by, or acts on behalf of, a pipeline company.
Sec. 6. As used in this chapter, "utility" means:
(1) a pipeline company that transports gas in or through
Indiana, including a pipeline company that has applied for
and received a certificate of public convenience and necessity
issued by the Federal Energy Regulatory Commission under
15 U.S.C. 717f authorizing the pipeline company to build and
operate a pipeline project in or through Indiana; or
(2) any of the following that furnishes retail electric or gas
service to the public:
(A) A public utility (as defined in IC 8-1-2-1(a)).
(B) A municipally owned utility (as defined in
IC 8-1-2-1(h)).
(C) A corporation organized under IC 8-1-13.
(D) A corporation organized under IC 23-17-1 that is an
electric cooperative and that has at least one (1) member
that is a corporation organized under IC 8-1-13.
Sec. 7. As used in this chapter, "zoning requirement" means a
zoning ordinance, regulation, or other requirement adopted or
imposed by a political subdivision or other local governmental unit.
Sec. 8. (a) A utility may apply to the division for an order of
special exception from one (1) or more zoning requirements. A
utility may submit an application under this subsection before a
zoning requirement is enforced against the utility.
(b) The commission shall determine the form of the application.
The application must require the following information:
(1) A copy of the certificate issued to the applicant.
(2) A certified copy of each zoning requirement for which the
applicant is seeking review.
(c) Upon receipt of an application, the commission shall review
the application for completeness. The commission may request
additional information from the applicant as needed.
Sec. 9. (a) Not more than ten (10) days after the date of the
application, the commission shall determine whether, with respect
to an applicant, a zoning requirement conflicts with the terms of
the certificate. If the commission determines that a zoning
requirement conflicts with the terms of the certificate, the
commission shall immediately:
(1) approve the application; and
(2) issue the applicant an order of special exception.
The order of special exception must specify the zoning
requirements from which the applicant is exempt.
(b) An order of special exception is valid for the period during
which the certificate issued to the applicant is effective.
(c) An order of special exception supersedes any zoning
requirements that conflict with the terms of the order of special
exception.
(d) The issuance of an order of special exception may not be
appealed except by the political subdivision or other local
governmental unit that adopted or imposed the zoning requirement
that is the subject of the order of special exception.
Sec. 10. The commission may adopt rules under IC 4-22-2 to
implement this chapter.
Chapter 38. Green Infrastructure Incentive Program
Sec. 1. As used in this chapter, "alternate energy production facility" has the meaning set forth in IC 8-1-2.4-2(b).
Sec. 2. As used in this chapter, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2.
Sec. 3. As used in this chapter, "corporation" refers to the Indiana economic development corporation established by IC 5-28-3-1.
Sec. 4. As used in this chapter, "green infrastructure project" means the construction, addition, extension, or improvement of a public utility's plant or equipment to:
(1) provide electric or gas service to; or
(2) receive electric or gas service from;
an alternate energy production facility.
Sec. 5. As used in this chapter, "public utility" has the meaning set forth in IC 8-1-2-1(a)
Sec. 6. (a) The corporation, in conjunction with the commission, shall encourage green infrastructure projects by allowing the timely recovery of reasonable and necessary costs incurred by a public utility in connection with a green infrastructure project.
(b) In allowing the recovery of costs under subsection (a), the corporation, in conjunction with the commission, shall determine the following:
(1) The amount of costs that the public utility may recover.
(2) The method by which the public utility may recover costs.
(3) The schedule under which the public utility may recover costs.
Sec. 7. (a) A public utility must submit an application to the corporation for approval of a green infrastructure project for which the public utility seeks to recover costs under section 6 of this chapter.
(b) The corporation shall prescribe the form for an application submitted under this section.
(c) Upon receipt of an application under subsection (a), the corporation and the commission shall jointly review the application for completeness. The corporation or the commission may request additional information from the applicant as needed.
(d) If an application submitted under subsection (c) is complete, the corporation shall approve the application not later than sixty (60) days after the date of the application. If the corporation does not act on a completed application within sixty (60) days after the date of the application, the application is considered approved.
Sec. 8. The corporation and the commission may adopt joint rules to implement this chapter.
