Above photo of Indiana State Senate Chambers
IMPORTANT UPDATE: HB 1414 the so-called coal bailout bill is scheduled for a hearing following the adjournment of the Commerce and Technology Committee.
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As of 4:00 pm 2/26/2020, nine (9) proposed amendments for HB 1414 have been filed. The Proposed Amendments are listed below with links to the mark up documents. Additional documents can be found at: http://iga.in.gov/legislative/2020/billpacket/08fd07a6-56c0-4f48-88d9-17b7ca008f2d/committee_utilities_3800/
DIGEST Reliable capacity resources. Requires a public utility that owns and operates a reliable capacity resource to operate and maintain the unit: (1) using good utility practices and reasonable business judgment; and (2) in a manner reasonably intended to support the availability of the unit for providing reliable service to customers of the public utility. Provides that the bill's requirement for notice to, and a public hearing by, the Indiana utility regulatory commission (IURC) before a utility may retire, sell, or transfer a reliable capacity resource with a capacity exceeding 80 megawatts does not apply to a reliable capacity resource's retirement, sale, or transfer set forth in a public utility's preferred portfolio in an integrated resource plan submitted to the IURC before January 1, 2020.
DIGEST Electric generation. Changes the effective date of the bill to July 1, 2020.
DIGEST Various changes. Changes the effective date of the bill to July 1, 2020. Deletes the bill's requirement that a public utility that owns and operates a reliable capacity electric generation resource must operate and maintain the unit in a manner reasonably intended to secure the availability of the unit for dispatch and for providing reliable service to customers of the public utility. Provides that a public utility may not retire, sell, or transfer a reliable capacity resource with a capacity exceeding 80 megawatts unless: (1) the retirement, sale, or transfer is consistent with the public utility's preferred portfolio in the public utility's most recent integrated resource plan; and (2) the public utility has made a reasonable effort to comply with specified Indiana administrative rules regarding integrated resource plans. Deletes the bill's provision allowing a public utility to recover as a fuel adjustment charge the cost of not more than 90 days of reserve fuel supply. Provides that provisions that expire May 1, 2021, in the current version of the bill instead expire December 31, 2020.
DIGEST Fuel cost recovery. Deletes the bill's provision allowing a public utility to recover as a fuel adjustment charge the cost of not more than 90 days of reserve fuel supply
DIGEST Coal transition workers. Replaces language giving priority to dislocated coal mine employees in the awarding of high value workforce ready credit-bearing grants with language giving priority to coal transition workers. Defines a "coal transition worker" as an individual who is laid off or terminated from the individual's employment: (1) at a commercial coal mine in Indiana; (2) at a coal-fired electric generating unit in Indiana; or (3) in an Indiana based manufacturing or transportation supply chain serving: (A) a commercial coal mine; or(B) a coal-fired electric generating unit; in Indiana
DIGEST Dislocated coal employees. Deletes all provisions of the bill except provisions concerning dislocated coal employees
DIGEST Various changes. Changes the effective date of the bill to July 1, 2020. Deletes the bill's requirement that a public utility that owns and operates a reliable capacity electric generation resource must operate and maintain the unit in a manner reasonably intended to secure the availability of the unit for dispatch and for providing reliable service to customers of the public utility. Provides that a public utility may not retire, sell, or transfer a reliable capacity resource with a capacity exceeding 80 megawatts unless: (1) the retirement, sale, or transfer is consistent with the public utility's preferred portfolio in the public utility's most recent integrated resource plan; and (2) the public utility has made a reasonable effort to comply with specified Indiana administrative rules regarding integrated resource plans. Deletes provisions requiring the Indiana utility regulatory commission to: (1) hold a public hearing; and (2) issue findings and recommendations; regarding the retirement, sale, or transfer of a reliable capacity resource with a capacity exceeding 80 megawatts. Deletes the bill's provision allowing a public utility to recover as a fuel adjustment charge the cost of not more than 90 days of reserve fuel supply. Provides that provisions that expire May 1, 2021, in the current version of the bill instead expire December 31, 2020.
DIGEST 21st Century Energy Policy Development Task Force. Requires the 21st century energy policy development task force to: (1) evaluate the impact of possible shifts in electric generation portfolios on: (A)individuals employed in related industries or trades; and (B) communities in which facilities related to electric generation are located; and (2) develop recommendations for the general assembly and the governor concerning whether existing state policy and statutes enable the state and state regulators to properly consider these impacts and, if not, the best approaches to enable the state and state regulators to consider these impacts
DIGEST Coal transition workers. Replaces the contents of the bill with language that provides that in awarding high value workforce ready credit-bearing grants, the commission for higher education, in conjunction with the department of workforce development, shall give priority to an applicant who is a dislocated coal transition worker. Defines a "coal transition worker" as an individual who is laid off or terminated from the individual's employment: (1) at a commercial coal mine in Indiana; (2) at a coal-fired electric generating unit in Indiana; or (3) in an Indiana based manufacturing or transportation supply chain serving: (A) a commercial coal mine; or (B) a coal-fired electric generating unit; in Indiana.
IndianaDG Note: HB 1414 must receive a DO PASS recommendation from the Senate Utilities Committee tomorrow (2/27/2020) and then the committee report must be adopted before the Senate adjourns on Thursday afternoon.
The next steps are then:
- Monday, March 2 is the deadline for second reading amendments where any Senator may offer an amendment to HB 1414.
- Tuesday, March 3 is the deadline for third reading and final passage of HB 1414.
If HB 1414 is amended in the Senate then it returns to the House for further action--1) a House roll call vote on a concurrence motion to agree with the changes made in the Senate or 2) a dissent motion is filed and a conference committee can be named to work out the differences between the two versions of the bill.