13RS HB211
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HB211

13RS

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HB 211/LM (BR 1012) - T. Thompson, J. Gooch Jr., J. Arnold Jr., C. Embry Jr., J. Glenn, K. Hall, B. Waide

     AN ACT relating to energy and declaring an emergency.
     Amend KRS 278.010 to create a definition for "large industrial consumer of electricity" and "load factor"; amend KRS 278.018 to allow large industrial consumers of electricity to purchase electricity from any person and require retail electric suppliers to provide electricity to large industrial consumer or person seeking to provide electricity to a large industrial consumer of electricity; EMERGENCY.

HB 211 - AMENDMENTS


     HCS/LM - Retain original provisions of HB 211; add definition for "independent transmission system operator or ISO"; require large industrial consumers of electricity to reimburse the utility for annual costs charged to the utility by the ISO; delete provision that existing retail electric supplier retain its obligation to maintain transmission and distribution facilities for delivery of electricity to large consumers; require if a large consumer purchases electricity from another person, other than its incumbent retail electric supplier, the retail electric supplier shall have no further obligation to sell electricity to that consumer.
     HFA (1, S. Rudy) - Retain original provisions, except amend KRS 278.600 to revise definitions for nuclear power facilities; repeal KRS 278.605; amend KRS 278.610 to conform.
     HFA (2, B. Linder) - Retain original provisions, with the following changes: delete the requirement for reimbursement of annual generation and transmission costs charged to a utility by an ISO; establish the "customer protection from stranded costs assistance fund" in the State Treasury, consisting primarily of transfers of certain single-county account Local Government Economic Development Fund moneys, to be administered by the Public Service Commission for the purpose of helping to protect ratepayers from incurring rate increases to cover the stranded costs of a retail electric utility caused by the election of a large industrial consumer of electricity to purchase electricity from another source, and which are not otherwise reimbursed or covered by that electing consumer.
     HFA (3/Title, B. Linder) - Make title amendment.
     HFA (4, J. Adams) - Require large industrial consumer of electricity to reimburse the existing retail electric supplier for stranded costs and for costs of regional transmission organization's requirements; authorize PSC to intercede where no agreement on amount or terms.
     HFA (5, T. Thompson) - Delete original provisions; create new sections of KRS Chapter 278 to establish a special rate tariff program to be administered by the Public Service Commission, under which certain serving utilities are required to serve the electrical requirements of a qualifying large industrial consumer of electricity customer at a special rate as determined by the commission in a special rate tariff proceeding; define terms; provide various terms and conditions for the special rate program; create new sections of KRS Chapter 143 to create a coal severance and processing tax credit to be provided to taxpayers supplying coal to a utility subject to a special rate tariff, not to exceed 50% of the taxpayer's liability, effective for taxable years beginning on or after Jan. 1, 2013; require that certain payments be made to the utility from taxpayers receiving the credit, which will assist with mitigating any revenue shortfalls occasioned by the special rate tariff requirement; provide terms and conditions for the tax credit, including that any credit claimed is deemed to reduce only the state general fund portion of a taxpayer's severance tax liability, not affecting the portion of revenues transferred to the Local Government Economic Development and Assistance Funds for allocation to local governments; state short title of the bill; EMERGENCY.
     HFA (6, T. Thompson) - Delete original provisions; create new sections of KRS Chapter 278 to establish a special rate tariff program to be administered by the Public Service Commission, under which certain serving utilities are required to serve the electrical requirements of a qualifying large industrial consumer of electricity customer at a special rate as determined by the commission in a special rate tariff proceeding; define terms; provide various terms and conditions for the special rate program; create new sections of KRS Chapter 143 to create a coal severance and processing tax credit to be provided to taxpayers supplying coal to a utility subject to a special rate tariff, not to exceed 50% of the taxpayer's liability, effective for taxable years beginning on or after Jan. 1, 2013; require that certain payments be made to the utility from taxpayers receiving the credit, which will assist with mitigating any revenue shortfalls occasioned by the special rate tariff requirement; provide terms and conditions for the tax credit, including that any credit claimed is deemed to reduce only the state general fund portion of a taxpayer's severance tax liability, not affecting the portion of revenues transferred to the Local Government Economic Development and Assistance Funds for allocation to local governments; state short title of the bill; EMERGENCY.
     HFA (7/P, L. Combs) - Retain original provisions and create a new section of KRS Chapter 164 to establish the Kentucky Coal County College Completion Program to include the Kentucky Coal County College Completion Scholarship and the Kentucky Coal County College Completion Student Services Grant; create the Kentucky Coal County District to include coal-producing counties as defined in KRS 42.4592(1)(c); direct the Kentucky Higher Education Assistance Authority to administer the program; define student and institutional eligibility for scholarships and grants; define the maximum grant amounts; require the authority to make an annual report on the program and a program evaluation every four years; fund the program with amounts appropriated from coal severance tax receipts in the biennial budget; APPROPRIATION.
     HFA (8/P, L. Combs) - Retain original provisions and create a new section of KRS Chapter 164 to establish the Kentucky Coal County College Completion Program to include the Kentucky Coal County College Completion Scholarship and the Kentucky Coal County College Completion Student Services Grant; create the Kentucky Coal County District to include coal-producing counties as defined in KRS 42.4592(1)(c); direct the Kentucky Higher Education Assistance Authority to administer the program; define student and institutional eligibility for scholarships and grants; define the maximum grant amounts; require the authority to make an annual report on the program and a program evaluation every four years; fund the program with amounts appropriated from coal severance tax receipts in the biennial budget; APPROPRIATION.
     HFA (9/Title, L. Combs) - Make title amendment.

     Feb 5-introduced in House
     Feb 6-to Natural Resources & Environment (H); posting waived
     Feb 7-posted in committee
     Feb 19-taken from Natural Resources & Environment (H); 1st reading; returned to Natural Resources & Environment (H)
     Feb 20-taken from Natural Resources & Environment (H); 2nd reading; returned to Natural Resources & Environment (H)
     Feb 21-reported favorably, to Rules with Committee Substitute
     Feb 22-posted for passage in the Regular Orders of the Day for Monday, February 25, 2013
     Feb 25-floor amendment (1) filed to Committee Substitute
     Feb 26-floor amendments (2) and (4) filed to Committee Substitute, floor amendment (3-title) filed
     Mar 6-floor amendment (6) filed to Committee Substitute, floor amendment (5) filed
     Mar 7-3rd reading; returned to the Orders of the Day
     Mar 11-floor amendment (8) filed to Committee Substitute, floor amendments (7) and (9-title) filed


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