republic-os/legislation/us/states/in/2023/hb-1401.md

---
type: "Bill"
title: "Assessment of wind power devices."
description: "Requires a public utility company that owns or operates a wind power device after a change in ownership of the wind power device to report, when filing its first statement of value and description of property with the department of local government finance (department), the valuation of the device at the same valuation amount that the previous owner reported on the previous owner's last annual report before the change in ownership if the valuation amount that the acquiring public utility company would otherwise enter on its first report is lower than the valuation amount at which the previous owner valued the wind power device before the change in ownership. Requires the new owner, for years subsequent to the first year after the change in ownership, to calculate and report the valuation of the wind power device in accordance with: (1) the statute concerning the taxation of public utility companies; and (2) rules prescribed by the department. Provides that for any year subsequent to the first year after the change in ownership of a wind power device, the department, in determining the just value of the property, shall not consider valuations determined by another governmental agency. Provides that these requirements do not apply to a public utility company that owns or operates one or more wind power devices and that has signed or countersigned an economic development agreement, or another financial agreement, that is entered into: (1) with the county in which the public utility company's wind power devices are located; and (2) for the purpose of repowering, or upgrading the technology used in, the wind power devices; before a sale or transfer of the wind power devices. Requires the department to make necessary conforming changes to the annual report form. Requires the Indiana utility regulatory commission to include a provision in an order declining to exercise jurisdiction over a public utility company that: (1) owns or operates one or more wind power devices; or (2) plans to own or operate one or more wind power devices; requiring the public utility to notify the department of any change in ownership of the wind power devices. Requires that before November 1, 2024, and before November 1, 2025, the department shall prepare, submit in an electronic format, and present a report on: (1) the valuation of wind power devices; and (2) the department's progress in implementing the bill's provisions; to the interim study committee on energy, utilities, and telecommunications. Amends the Indiana Code provision that sets forth how the department is to determine the just value of the property of a public utility company to provide an exception from the specified procedures with respect to the determination of the just value of wind power devices."
jurisdiction: "us/states/in"
legislature: "Indiana General Assembly"
session: "2023"
identifier: "HB 1401"
citation: "Indiana HB 1401 (2023)"
classification: ["bill"]
subjects: ["ENERGY", "LOCAL GOVERNMENT AND FINANCE", "DEPARTMENT OF (DLGF)", "STUDY COMMITTEES", "TECHNOLOGY", "UTILITIES", "UTILITY REGULATORY COMMISSION"]
status: "enacted"
primary_sponsors: ["Eric Koch", "Jean Leising", "Rick Niemeyer", "Sharon Negele"]
version_count: 6
action_count: 25
vote_count: 1
first_action: "2023-01-17"
last_action: "2023-05-01"
source: "openstates"
source_identifier: "ocd-bill/7b30e307-1adc-44c9-8113-e4420b24c6f2"
source_url: "http://iga.in.gov/legislative/2023/bills/house/1401"
source_hash: "ec43a854ee20887218dc81b357b91a3f862ee32118bdbd8be1bd566b57b4fe25"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-in"]
---

# Indiana HB 1401 (2023) — Assessment of wind power devices.

Requires a public utility company that owns or operates a wind power device after a change in ownership of the wind power device to report, when filing its first statement of value and description of property with the department of local government finance (department), the valuation of the device at the same valuation amount that the previous owner reported on the previous owner's last annual report before the change in ownership if the valuation amount that the acquiring public utility company would otherwise enter on its first report is lower than the valuation amount at which the previous owner valued the wind power device before the change in ownership. Requires the new owner, for years subsequent to the first year after the change in ownership, to calculate and report the valuation of the wind power device in accordance with: (1) the statute concerning the taxation of public utility companies; and (2) rules prescribed by the department. Provides that for any year subsequent to the first year after the change in ownership of a wind power device, the department, in determining the just value of the property, shall not consider valuations determined by another governmental agency. Provides that these requirements do not apply to a public utility company that owns or operates one or more wind power devices and that has signed or countersigned an economic development agreement, or another financial agreement, that is entered into: (1) with the county in which the public utility company's wind power devices are located; and (2) for the purpose of repowering, or upgrading the technology used in, the wind power devices; before a sale or transfer of the wind power devices. Requires the department to make necessary conforming changes to the annual report form. Requires the Indiana utility regulatory commission to include a provision in an order declining to exercise jurisdiction over a public utility company that: (1) owns or operates one or more wind power devices; or (2) plans to own or operate one or more wind power devices; requiring the public utility to notify the department of any change in ownership of the wind power devices. Requires that before November 1, 2024, and before November 1, 2025, the department shall prepare, submit in an electronic format, and present a report on: (1) the valuation of wind power devices; and (2) the department's progress in implementing the bill's provisions; to the interim study committee on energy, utilities, and telecommunications. Amends the Indiana Code provision that sets forth how the department is to determine the just value of the property of a public utility company to provide an exception from the specified procedures with respect to the determination of the just value of wind power devices.

## Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

1. **Enrolled House Bill (H)** (committee substitute) — [source](http://in-proxy.openstates.org/2023/bills/HB1401/versions/HB1401.06.ENRS)
2. **House Bill (H)** (committee substitute) — [source](http://in-proxy.openstates.org/2023/bills/HB1401/versions/HB1401.02.COMH)
3. **House Bill (H)** (committee substitute) — [source](http://in-proxy.openstates.org/2023/bills/HB1401/versions/HB1401.03.COMH)
4. **House Bill (S)** (committee substitute) — [source](http://in-proxy.openstates.org/2023/bills/HB1401/versions/HB1401.05.COMS)
5. **House Bill (S)** (committee substitute) — [source](http://in-proxy.openstates.org/2023/bills/HB1401/versions/HB1401.04.COMS)
6. **Introduced House Bill (H)** (committee substitute) — [source](http://in-proxy.openstates.org/2023/bills/HB1401/versions/HB1401.01.INTR)

## Votes

- HB 1401 - Leising - 3rd Reading — **49–0** (pass) · upper

## Sponsors

- Eric Koch — primary (person)
- Jean Leising — primary (person)
- Rick Niemeyer — primary (person)
- Sharon Negele — primary (person)
- Kendell Culp — coauthor (person)
- Randall Frye — coauthor (person)

## Timeline

The legislative action history — every referral, reading, and vote.

- **2023-01-17** Authored by Representative Negele
- **2023-01-17** First reading: referred to Committee on Utilities, Energy and Telecommunications `reading-1, referral-committee`
- **2023-01-17** Representative Culp K added as coauthor
- **2023-01-24** Committee report: amend do pass, adopted `committee-passage`
- **2023-01-24** Referred to the Committee on Ways and Means pursuant to House Rule 127
- **2023-01-30** Representative Frye added as coauthor
- **2023-02-02** Committee report: do pass, adopted `committee-passage`
- **2023-02-06** Second reading: ordered engrossed `reading-2`
- **2023-02-07** Third reading: passed; Roll Call 93: yeas 95, nays 0 `passage, reading-3, reading-3`
- **2023-02-07** Senate sponsors: Senators Leising and Niemeyer
- **2023-02-08** Referred to the Senate `referral`
- **2023-02-27** First reading: referred to Committee on Utilities `reading-1, referral-committee`
- **2023-04-03** Senator Koch added as third sponsor
- **2023-04-06** Committee report: amend do pass adopted; reassigned to Committee on Tax and Fiscal Policy `committee-passage, referral-committee`
- **2023-04-11** Committee report: do pass, adopted `committee-passage`
- **2023-04-13** Second reading: ordered engrossed `reading-2`
- **2023-04-17** Third reading: passed; Roll Call 424: yeas 49, nays 0 `passage, reading-3, reading-3`
- **2023-04-18** Returned to the House with amendments `receipt`
- **2023-04-19** Motion to concur filed `filing`
- **2023-04-19** House concurred in Senate amendments; Roll Call 455: yeas 90, nays 0
- **2023-04-24** Signed by the Speaker `passage`
- **2023-04-25** Signed by the President Pro Tempore `passage`
- **2023-04-26** Signed by the President of the Senate `passage`
- **2023-05-01** Signed by the Governor `executive-signature`
- **2023-05-01** Public Law 144 `became-law`

## Source

OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/7b30e307-1adc-44c9-8113-e4420b24c6f2`. Confidence: reported (aggregated from official Indiana legislature records).