Fabio
96 lines
8.9 KiB
Markdown
96 lines
8.9 KiB
Markdown
---
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type: "Bill"
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title: "Utility scale battery energy storage systems."
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description: "Provides that a person may not: (1) construct a new utility scale battery energy storage system (BESS); or (2) expand the capacity of an existing BESS by more than 10% of the system's original capacity; without the prior approval of the department of homeland security (department). Sets forth information that must be included in an application to the department for approval of the construction or expansion of a BESS. Provides that: (1) a BESS for which installation is subject to department approval; and (2) an installation added to an existing BESS in an expansion for which department approval is required; must comply with the National Fire Protection Association's standard concerning stationary energy storage systems (NFPA 855). Provides that the total capacity of the batteries contained within a single enclosure in: (1) a BESS for which installation is subject to department approval; and (2) an installation added to an existing BESS in an expansion for which department approval is required; may not exceed 10 megawatt hours unless authorized under rules adopted by the fire prevention and building safety commission (commission). Provides that if a BESS installed after June 30, 2023, is located less than 1/2 mile from the nearest 100 year flood plain, all of the system's equipment must be located at least two feet above the 100 year frequency flood elevation. Requires the operator of a BESS to: (1) provide a copy of the operator's emergency response plan for the BESS; and (2) offer training to enable effective response to a fire or contaminant discharge at the BESS; to the fire department responsible for providing fire protection services in the area in which the BESS is located. Authorizes the commission to adopt rules to specify standards for the installation and operation of a BESS. Provides that the commission's rules: (1) must be consistent with NFPA 855; and (2) must include standards for: (A) chemical spill prevention and control; and (B) appropriate setbacks from surface water resources. Requires the department to issue to the interim study committee on energy, utilities, and telecommunication, not later than November 1, 2023, a report regarding the progress of the commission in adopting rules addressing the installation and operation of a BESS."
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jurisdiction: "us/states/in"
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legislature: "Indiana General Assembly"
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session: "2023"
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identifier: "HB 1173"
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citation: "Indiana HB 1173 (2023)"
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classification: ["bill"]
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subjects: ["ENERGY", "HOMELAND SECURITY", "STUDY COMMITTEES", "UNITED STATES GOVERNMENT", "UTILITIES"]
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status: "enacted"
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primary_sponsors: ["Chris Garten", "Eric Koch", "Jim Pressel"]
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version_count: 4
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action_count: 30
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vote_count: 1
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first_action: "2023-01-10"
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last_action: "2023-05-04"
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source: "openstates"
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source_identifier: "ocd-bill/ce48bc82-fe58-4556-b2dc-38ed4fbb1e9a"
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source_url: "http://iga.in.gov/legislative/2023/bills/house/1173"
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source_hash: "749d9ed5af7d5bba8f3fbce98ec90687f6442fce34c1c7b91b84d6c3a14c04fc"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-in"]
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---
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# Indiana HB 1173 (2023) — Utility scale battery energy storage systems.
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Provides that a person may not: (1) construct a new utility scale battery energy storage system (BESS); or (2) expand the capacity of an existing BESS by more than 10% of the system's original capacity; without the prior approval of the department of homeland security (department). Sets forth information that must be included in an application to the department for approval of the construction or expansion of a BESS. Provides that: (1) a BESS for which installation is subject to department approval; and (2) an installation added to an existing BESS in an expansion for which department approval is required; must comply with the National Fire Protection Association's standard concerning stationary energy storage systems (NFPA 855). Provides that the total capacity of the batteries contained within a single enclosure in: (1) a BESS for which installation is subject to department approval; and (2) an installation added to an existing BESS in an expansion for which department approval is required; may not exceed 10 megawatt hours unless authorized under rules adopted by the fire prevention and building safety commission (commission). Provides that if a BESS installed after June 30, 2023, is located less than 1/2 mile from the nearest 100 year flood plain, all of the system's equipment must be located at least two feet above the 100 year frequency flood elevation. Requires the operator of a BESS to: (1) provide a copy of the operator's emergency response plan for the BESS; and (2) offer training to enable effective response to a fire or contaminant discharge at the BESS; to the fire department responsible for providing fire protection services in the area in which the BESS is located. Authorizes the commission to adopt rules to specify standards for the installation and operation of a BESS. Provides that the commission's rules: (1) must be consistent with NFPA 855; and (2) must include standards for: (A) chemical spill prevention and control; and (B) appropriate setbacks from surface water resources. Requires the department to issue to the interim study committee on energy, utilities, and telecommunication, not later than November 1, 2023, a report regarding the progress of the commission in adopting rules addressing the installation and operation of a BESS.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Enrolled House Bill (H)** (committee substitute) — [source](http://in-proxy.openstates.org/2023/bills/HB1173/versions/HB1173.04.ENRS)
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2. **House Bill (H)** (committee substitute) — [source](http://in-proxy.openstates.org/2023/bills/HB1173/versions/HB1173.02.COMH)
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3. **House Bill (S)** (committee substitute) — [source](http://in-proxy.openstates.org/2023/bills/HB1173/versions/HB1173.03.COMS)
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4. **Introduced House Bill (H)** (committee substitute) — [source](http://in-proxy.openstates.org/2023/bills/HB1173/versions/HB1173.01.INTR)
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## Votes
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- HB 1173 - Koch - 3rd Reading — **49–0** (pass) · upper
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## Sponsors
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- Chris Garten — primary (person)
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- Eric Koch — primary (person)
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- Jim Pressel — primary (person)
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- Edmond Soliday — coauthor (person)
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- Jean Leising — cosponsor (person)
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- Mike Bohacek — cosponsor (person)
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- Robert Morris — coauthor (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2023-01-10** Coauthored by Representatives Soliday and Morris
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- **2023-01-10** Authored by Representative Pressel
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- **2023-01-10** First reading: referred to Committee on Utilities, Energy and Telecommunications `reading-1, referral-committee`
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- **2023-02-09** Committee report: amend do pass, adopted `committee-passage`
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- **2023-02-13** Second reading: ordered engrossed `reading-2`
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- **2023-02-14** Senate sponsors: Senators Koch and Garten
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- **2023-02-14** Third reading: passed; Roll Call 122: yeas 95, nays 0 `passage, reading-3, reading-3`
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- **2023-02-15** Referred to the Senate `referral`
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- **2023-02-27** First reading: referred to Committee on Homeland Security and Transportation `reading-1, referral-committee`
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- **2023-03-13** Senator Bohacek added as cosponsor
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- **2023-03-23** Committee report: amend do pass, adopted `committee-passage`
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- **2023-03-27** Second reading: ordered engrossed `reading-2`
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- **2023-03-28** Third reading: passed; Roll Call 268: yeas 49, nays 0 `passage, reading-3, reading-3`
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- **2023-03-28** Senator Leising added as cosponsor
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- **2023-03-29** Returned to the House with amendments `receipt`
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- **2023-04-06** Motion to dissent filed `filing`
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- **2023-04-06** House dissented from Senate amendments
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- **2023-04-06** House conferees appointed: Pressel and Pierce M
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- **2023-04-06** House advisors appointed: Soliday, Morris, Hall and Hamilton
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- **2023-04-13** Senate conferees appointed: Koch and Ford J.D.
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- **2023-04-13** Senate advisors appointed: Hunley, Garten and Bohacek
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- **2023-04-20** CCR # 1 filed in the House `filing`
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- **2023-04-20** CCR # 1 filed in the Senate `filing`
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- **2023-04-24** Conference Committee Report 1: adopted by the Senate; Roll Call 471: yeas 46, nays 0
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- **2023-04-24** Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 484: yeas 94, nays 0
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- **2023-04-28** Signed by the President Pro Tempore `passage`
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- **2023-04-28** Signed by the President of the Senate `passage`
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- **2023-05-01** Signed by the Speaker `passage`
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- **2023-05-04** Signed by the Governor `executive-signature`
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- **2023-05-04** Public Law 217 `became-law`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/ce48bc82-fe58-4556-b2dc-38ed4fbb1e9a`. Confidence: reported (aggregated from official Indiana legislature records).
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