Title 8, TITLE 8. UTILITIES AND TRANSPORTATION
337 chapters · 3,744 sections in this title.
Ind. Code § 8-1-2.7-1 Repealed
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As added by P.L.108-1989, SEC.1. Repealed by P.L.82-1997, SEC.19 and P.L.80-1997, SEC.24.
Ind. Code § 8-1-2.7-1.2 Repealed
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As added by P.L.82-1997, SEC.1. Repealed by P.L.159-1999, SEC.21.
Ind. Code § 8-1-2.7-1.3 Applicability of chapter
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Sec. 1.3. (a) This chapter applies to the following: (1) A public utility established to provide water service that is: (A) privately owned and serves less than three hundred (300) customers; (B) a not-for-profit utility (as defined by IC 8-1-2-125(a)); (C) a cooperative corporat…
Ind. Code § 8-1-2.7-1.4 "Members" and "shareholders" defined
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Sec. 1.4. As used in this chapter, "members" of a not-for-profit water or sewage disposal company and "shareholders" of a privately owned water or sewage disposal company shall also include the customers of that utility. As added by P.L.80-1997, SEC.3 and P.L.82-1997, SEC.3. Amen…
Ind. Code § 8-1-2.7-1.5 Repealed
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As added by P.L.80-1997, SEC.4 and P.L.82-1997, SEC.4. Repealed by P.L.159-1999, SEC.21.
Ind. Code § 8-1-2.7-1.6 "Sewage treatment provider" defined
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Sec. 1.6. (a) As used in this chapter, "sewage treatment provider" means a legal entity that provides only sewage treatment service to a not-for-profit sewage disposal company. (b) As used in this chapter, "sewage treatment recipient" means a not-for-profit sewage disposal compan…
Ind. Code § 8-1-2.7-1.7 Entity contracting with nonprofit public sewage utility not
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subject to commission jurisdiction Sec. 1.7. (a) This section does not apply to a sewage treatment provider that is otherwise subject to the jurisdiction of the commission. (b) When a sewage treatment provider contracts to provide only sewage treatment service to a sewage treatme…
Ind. Code § 8-1-2.7-10 Confirmation of withdrawal
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Sec. 10. (a) If a utility successfully withdraws from commission jurisdiction, the board of directors shall, within five (5) days of the meeting, send written confirmation to the secretary of the commission containing the following information: (1) The total membership or number …
Ind. Code § 8-1-2.7-11 Petition to return to commission jurisdiction; referendum;
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ballot form Sec. 11. (a) Whenever the members or shareholders of a utility desire to return to commission jurisdiction, they must petition the commission. A petition signed by: (1) at least fifteen percent (15%) of the members or shareholders; or (2) the board of directors of the…
Ind. Code § 8-1-2.7-12 Return to commission jurisdiction
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Sec. 12. If a utility returns to commission jurisdiction, the commission assumes jurisdiction thirty (30) days after the date of the vote over the following: (1) Rates and charges. (2) Stocks, bonds, notes, or other evidence of indebtedness. (3) Rules. (4) The annual report filin…
Ind. Code § 8-1-2.7-13 Confirmation of return to commission jurisdiction
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Sec. 13. If a utility attempts to return to commission jurisdiction, the board of directors shall, within five (5) days following the meeting, send written confirmation to the secretary of the commission containing the following information: (1) The total membership or number of …
Ind. Code § 8-1-2.7-14 Annual reports of utility before return to commission
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jurisdiction Sec. 14. When a utility returns to commission jurisdiction, the commission may order the utility to file an annual report of the operation of its plant for each of the three (3) calendar years immediately preceding its return to commission jurisdiction on a form pres…
Ind. Code § 8-1-2.7-14.5 Failure to follow procedures for withdrawal from or return to
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commission's jurisdiction Sec. 14.5. (a) This section applies when a utility fails to follow the procedures provided in this chapter for withdrawal from or return to the commission's jurisdiction. (b) To contest compliance with this chapter: (1) parties aggrieved by the decision …
Ind. Code § 8-1-2.7-15 Revocation or limitation of withdrawal from commission
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jurisdiction Sec. 15. (a) This section applies after a utility has properly withdrawn from commission jurisdiction under this chapter. (b) The commission shall revoke or limit the withdrawal from the jurisdiction of the commission of a utility if the lesser of: (1) one hundred (1…
Ind. Code § 8-1-2.7-15.5 Policy review committee for a not-for-profit utility providing
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water service Sec. 15.5. (a) This section applies to a utility that is described in section 1.3(a)(1)(B) of this chapter that has properly withdrawn from commission jurisdiction under this chapter. (b) As used in this section, "committee" refers to a policy review committee estab…
Ind. Code § 8-1-2.7-2 Withdrawal of utility from commission jurisdiction
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Sec. 2. (a) This chapter provides the exclusive statutory manner for a utility described in section 1.3(a)(1) or 1.3(a)(2) of this chapter to withdraw from the jurisdiction of the commission for the approval of the following: (1) Rates and charges. (2) Stocks, bonds, notes, or ot…
Ind. Code § 8-1-2.7-3 Approval for withdrawal
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Sec. 3. A utility described in section 1.3(a)(1) or 1.3(a)(2) of this chapter that proposes to withdraw from the jurisdiction of the commission must first obtain approval from its members or shareholders. As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.7; P.L.82-1997…
Ind. Code § 8-1-2.7-4 Referendum on withdrawal
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Sec. 4. The board of directors of a utility described in section 1.3(a)(1) or 1.3(a)(2) of this chapter must conduct a referendum among its members or shareholders to determine whether the members or shareholders approve the withdrawal from commission jurisdiction. As added by P.…
Ind. Code § 8-1-2.7-5 Notice of special meeting for referendum
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Sec. 5. The referendum must be conducted at a special meeting called by the board. Written notice of the meeting must be sent to every member or shareholder of the withdrawing utility and to the secretary of the commission not less than thirty (30) days before the date of the mee…
Ind. Code § 8-1-2.7-6 Quorum
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Sec. 6. A quorum consisting of not less than five percent (5%) of the members must be present at the meeting to transact business and to take official action regarding the jurisdiction question. As added by P.L.108-1989, SEC.1.
Ind. Code § 8-1-2.7-7 Ballots; form; eligible voters; results
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Sec. 7. The board shall distribute secret written ballots to the members or shareholders present at the meeting. The form of the ballots must be as follows: [] YES, I want to withdraw from the jurisdiction of the commission. [] NO, I want to remain under the jurisdiction of the c…
Ind. Code § 8-1-2.7-8 Repealed
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As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.11; P.L.82-1997, SEC.11. Repealed by P.L.159-1999, SEC.21.
Ind. Code § 8-1-2.7-9 Effect of withdrawal
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Sec. 9. (a) Except as provided under subsection (c) or section 15 of this chapter, when a utility successfully withdraws from commission jurisdiction, the commission does not have authority to regulate the following: (1) Rates and charges. (2) Stocks, bonds, notes, or other evide…