Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

this chapter Sec. 0.3. Notwithstanding the amendments made to section 103 of this chapter by P.L.93-1993, in the case of a public utility that is described in section 103(c) of this chapter, as amended by P.L.93-1993, the effective date for the implementation of the amendments ma…

while protecting affordability of utility service Sec. 0.5. The general assembly declares that it is the continuing policy of the state, in cooperation with local governments and other concerned public and private organizations, to use all practicable means and measures, includin…

Sec. 1. (a) Except as provided in section 1.1 of this chapter, "public utility", as used in this chapter, means every corporation, company, partnership, limited liability company, individual, association of individuals, their lessees, trustees, or receivers appointed by a court, …

enabled retail services; regulatory status Sec. 1.1. A person or an entity that: (1) transmits communications through Internet Protocol enabled retail services, including: (A) voice; (B) data; (C) video; or (D) any combination of voice, data, and video communications; or (2) prov…

association distributing water or sewer service; not considered public utility; permissible charges; disclosure; complaints Sec. 1.2. (a) As used in this section, "association" refers to a condominium association or a homeowners association. (b) As used in this section, "common a…

making EV supply equipment available for public use; compensation based on kilowatt hours sold; regulatory status; retail customer's private provision of electricity to EV supply equipment on premises Sec. 1.3. (a) As used in this section, "electric vehicle", or "EV", means a veh…

Sec. 10. (a) Every public utility shall keep and render to the commission, in the manner and form prescribed by the commission, uniform accounts of all business transacted. In formulating a system of accounting for any class of public utilities, the commission shall consider any …

Formerly: Acts 1913, c.76, s.109; Acts 1933, c.190, s.19; Acts 1959, c.326, s.1; Acts 1961, c.125, s.1; Acts 1967, c.196, s.1; Acts 1973, P.L.62, SEC.1. Repealed by Acts 1982, P.L.74, SEC.6.

facilities Sec. 101. (a) Every municipal council or county executive shall have power: (1) To determine by ordinance the provisions, not inconsistent with this chapter or IC 8-1-11.1, upon which a public utility or department of public utilities created under IC 8-1-11.1 occupies…

regulating utility service based on energy source used Sec. 101.2. (a) The following definitions apply throughout this section: (1) "Energy source" means: (A) the method of generation; or (B) the fuel source; used to provide or supply utility service to a customer. The term inclu…

Indiana utility regulatory commission rules regarding main extensions; dispute resolution Sec. 101.5. (a) This section applies to: (1) a water main extension; (2) a wastewater main extension; or (3) an agreement that: (A) is for a water main extension or a wastewater main extensi…

"local unit"; "tap fee"; "utility"; "utility infrastructure"; capacity related fee or tap fee established after June 30, 2022; prohibition against inclusion of contributions in aid of construction; property owner's right to request meeting with local unit or utility; petition to …

charges for products or services; violations; offense Sec. 102. (a) The definitions set forth in IC 3-5-2 apply to this section. (b) No public utility, or any agent or officer thereof, or any agent or officer of a political subdivision constituting a public utility, as defined in…

undercharges; offense; free service or special rate exceptions Sec. 103. (a) No public utility, or agent or officer of a public utility, or officer of any municipality constituting a public utility, as defined in this chapter, may charge, demand, collect, or receive from any pers…

utility prohibited; exception Sec. 104. It shall be unlawful for any public utility or any municipally-owned utility to demand, charge, collect or receive from any person, firm, limited liability company, or corporation, less compensation for any service rendered or to be rendere…

Sec. 105. (a) No public utility may make or give any undue or unreasonable preference or advantage to any person, or subject any person to any undue or unreasonable prejudice or disadvantage in any respect. A person who violates this section commits a Class B infraction. (b) Noth…

prohibited; offense Sec. 106. It is a Class B infraction for a person knowingly to solicit, accept, or receive any rebate, concession, or discrimination in respect to any service in or affecting or relating to any public utility or for any service in connection with any service i…

Sec. 107. If any public utility shall do, or cause to be done or permit to be done, any matter, act, or thing in this chapter prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing required to be done by this chapter, such public utility shall be lia…

annual reports Sec. 108. (a) An officer, agent, or employee of any public utility, or a public utility (as defined in this chapter) who: (1) fails to fill out and return any blanks as required by this chapter; (2) fails to answer any question therein propounded; (3) knowingly giv…

Sec. 109. A public utility that violates this chapter, or fails to perform any duty enjoined upon it, for which a penalty is not otherwise provided, commits a Class B infraction. Formerly: Acts 1913, c.76, s.118. As amended by Acts 1978, P.L.2, SEC.807.

Sec. 11. Every public utility engaged, directly or indirectly, in any other or subsidiary business shall, if ordered by the commission, keep and render separately to the commission, in like manner and form, the accounts of all such business, in which case all the provisions of th…

Formerly: Acts 1913, c.76, s.119. As amended by Acts 1978, P.L.2, SEC.808. Repealed by Acts 1982, P.L.74, SEC.6.

Formerly: Acts 1913, c.76, s.120. Repealed by Acts 1978, P.L.2, SEC.867.

Sec. 112. Every day during which any public utility or any officer, agent, or employee thereof shall fail to observe and comply with any order or direction of the commission, or to perform any duty enjoined by this chapter, shall constitute a separate and distinct violation of su…

services Sec. 113. (a) The commission may, when it considers necessary to prevent injury to the business or interests of the people or any public utility of this state in case of any emergency to be judged by the commission, temporarily alter, amend, or with the consent of the pu…

Sec. 114. Every public utility shall, whenever an accident attended with loss of human life occurs within this state upon its premises, or directly or indirectly arising from or connected with its maintenance or operation, give immediate notice thereof to the commission. In the e…

Sec. 115. The commission shall inquire into any neglect or violation of the statutes of this state or the ordinances of any city or town by any public utility doing business therein, or by the officers, agents, or employees of the public utility, or by any person operating the pl…

Sec. 116. A substantial compliance with the requirements of this chapter shall be sufficient to give effect to all the rules, orders, acts, and regulations of the commission, and they shall not be declared inoperative, illegal, or void for any omission of a technical nature in re…

Sec. 117. This chapter shall not have the effect to release or waive any right of action by the state or by any person for any right, penalty, or forfeiture which may have arisen before May 1, 1913, or which may arise under any statute of this state; and all penalties and forfeit…

Sec. 118. The members of said commission, its secretary and clerk, and such other persons as it may appoint or employ, as provided in this chapter, shall be entitled to receive from the state their actual necessary traveling expenses, which shall include the cost of transportatio…

Formerly: Acts 1913, c.76, s.130. As amended by Acts 1933, c.190, s.128. Repealed by Acts 1972, P.L.13, SEC.7.

Sec. 12. The commission shall prescribe the forms of all books, accounts, papers and records required to be kept, and every public utility is required to keep and render its books, accounts, papers and records accurately and faithfully in the manner and form prescribed by the com…

Formerly: Acts 1913, c.76, s.130; Acts 1933, c.190, s.22. Repealed by Acts 1978, P.L.2, SEC.867.

Sec. 121. (a) Notwithstanding any other provision of law, from December 1 through March 15 of any year, no electric or gas utility, including a municipally owned, privately owned, or cooperatively owned utility, shall terminate residential electric or gas service for persons who …

Sec. 122. (a) As used in this section: "Dwelling" means an individual residence, including a mobile home or trailer, or a room or combination of rooms, with facilities for living for a single household. "Heating season" means the period beginning on November 1 of any year and end…

and just charges; not-for-profit sewer utilities Sec. 125. (a) As used in this section, "not-for-profit utility" means a public water or sewer utility that: (1) does not have shareholders; (2) does not engage in any activities for the profit of its trustees, directors, incorporat…

Sec. 126. A public utility or municipally owned utility may not purchase or transmit any electrical power generated in a country outside of the borders of the United States, unless the commission determines that the purchase or transmission is necessary for the health and welfare…

Sec. 127. A public utility shall: (1) indicate separately and conspicuously on each customer's bill the total charge attributable to any tax imposed under federal law on the basis of British Thermal Units or any other measure of the energy content of energy consumed by the custom…

Sec. 13. The commission shall cause to be prepared suitable blanks for carrying out the purpose of this chapter and shall, when necessary, furnish such blanks to each public utility. Formerly: Acts 1913, c.76, s.16. As amended by P.L.59-1984, SEC.14. IC 8-1-2-14 Books, accounts, …

directors; residence Sec. 15. Each public utility shall have an office in one (1) of the towns or cities in this state in which its property or some part thereof is located, and shall keep in said office all books, accounts, papers, and records as shall be required by the commiss…

Sec. 16. The accounts shall be closed annually on the thirty-first day of December, and a balance sheet of that date promptly taken therefrom. On or before the thirtieth day of April following, such balance sheet, together with such other information as the commission shall presc…

Sec. 17. The commission shall provide for the examination and audit of all accounts, and all items shall be allocated to the accounts in the manner prescribed by the commission. Formerly: Acts 1913, c.76, s.20.

and examination Sec. 18. The agents, accountants or examiners employed by the commission shall have authority, under the direction of the commission, to inspect and examine any and all books, accounts, papers, records and memoranda kept by such public utility. Formerly: Acts 1913…

inclusion of depreciation and asset retirement costs in utility rates Note: This version of section effective 4-20-2023. See also preceding version of this section, effective until 4-20-2023. Sec. 19. (a) Every public utility shall carry a separate, proper and adequate depreciati…

Sec. 2. The attorney-general shall be the legal counsel for the commission and shall prosecute all cases in which the commission may be interested. He shall advise the commission in legal matters arising in the discharge of their duties and shall represent the commission in all s…

Sec. 20. The commission shall also prescribe rules, regulations and forms of accounts regarding such depreciation, which the public utility is required to carry into effect. Formerly: Acts 1913, c.76, s.23.

Sec. 21. The commission shall provide for such depreciation in fixing the rates, tolls and charges to be paid by the public. Formerly: Acts 1913, c.76, s.24.

Sec. 22. All money thus provided shall be set aside out of the earnings and carried in a separate depreciation fund. The money in this fund shall be applied first to depreciation expenses. Any balance in the fund, not applied to depreciation expenses, may be invested by the publi…

commission Sec. 23. The commission shall keep itself informed of all new construction, extensions and additions to the property of such public utility and shall prescribe the necessary forms, regulations and instructions to the officers and employees of such public utility for th…

source of water supply; treatment of cost for ratemaking purposes Sec. 23.5. (a) A public utility that provides water utility service may file a petition with the commission to seek approval of a plan to develop a future source of water supply. Any plan submitted must include a c…