Title 8, UTILITIES AND TRANSPORTATION

Sec. 13. (a) If a public utility makes a substantial change in a cost and schedule estimate for developing and implementing an environmental compliance plan or a modified environmental compliance plan after the estimate has been approved by the commission under this chapter, the …

Sec. 14. If the commission finds that an environmental compliance plan or a modified environmental compliance plan approved by the commission under this chapter exceeds the applicable requirements of the Clean Air Act Amendments of 1990 by means of early or over compliance, the c…

Sec. 15. In a general rate proceeding following the issuance of an order by the commission approving an environmental compliance plan under this chapter, the commission shall, in reviewing and authorizing the public utility's return, give due consideration to any change in risk t…

Sec. 16. If the commission issues an order under sections 8, 11, or 18 of this chapter that approves modifications to a public utility's environmental compliance plan, the commission shall, absent fraud, concealment, gross mismanagement, or inadequate quality control, allow the p…

Sec. 17. If a public utility cancels the implementation of a measure set forth in an environmental compliance plan as a result of an order issued by the commission under section 18 or 19 of this chapter that withdraws the commission's approval of the inclusion of the measure in t…

Sec. 18. (a) If the commission, after an investigation commenced upon its own initiative or upon a petition of the public utility or a class of persons satisfying the standing requirements of IC 8-1-2-54 (including the office of the utility consumer counselor), finds that substan…

Sec. 19. (a) In addition to the review of the continued appropriateness of an environmental compliance plan under section 18 of this chapter, the commission shall, at the request of a public utility, conduct an ongoing review of the cost and implementation of the public utility's…

Sec. 2. As used in this chapter, "Clean Air Act Amendments of 1990" refers to Title IV, Acid Deposition Control, of the federal Clean Air Act Amendments of 1990 (P.L.101-549) and regulations adopted under the federal Clean Air Act Amendments of 1990. As added by P.L.76-1991, SEC.…

Sec. 20. The commission shall annually review each environmental compliance plan, the implementation of which has resulted in the displacement or diminished use of Indiana coal and determine whether a different compliance measure would more fully satisfy the requirements of secti…

Sec. 22. (a) This chapter does not give a party to a contract for the sale and purchase of coal any greater rights under a force majeure provision of the contract than the party had before July 1, 1991. (b) The commission may not implement this chapter in a way that would give a …

Sec. 23. (a) Use of the procedures in this chapter is voluntary to a public utility. The failure of a public utility to use the approval provisions of this chapter may not create a presumption of imprudence or nonrecovery in rates for environmental compliance plan costs. (b) This…

Sec. 3. As used in this chapter, "environmental compliance plan" means a plan developed by a public utility to comply in whole or in part with the requirements of the Clean Air Act Amendments of 1990. As added by P.L.76-1991, SEC.1.

Sec. 4. As used in this chapter, "Indiana coal" means coal from a mine whose coal deposits are located in the ground wholly or partially in Indiana regardless of the location of the mine's tipple. As added by P.L.76-1991, SEC.1.

Sec. 5. As used in this chapter, "public utility" means a public utility, a municipally owned utility, or a cooperatively owned utility. As added by P.L.76-1991, SEC.1.

Sec. 5.5. As used in this chapter, "change of fuel type" means any change in the fuel, including a change from Indiana coal, used by a public utility. As added by P.L.92-1993, SEC.2.

Sec. 6. (a) A public utility that has at least one (1) generating unit affected by Section 404 (Phase I) or Section 405 (Phase II) of the Clean Air Act Amendments of 1990 may voluntarily submit a verified environmental compliance plan that sets forth the manner in which the publi…

Sec. 7. The commission shall hold a public hearing for each environmental compliance plan submitted by a public utility under this chapter. The public utility shall publish a notice of the filing of its petition for approval of an environmental compliance plan in one (1) newspape…

Sec. 8. The commission shall issue an order approving an environmental compliance plan if the commission: (1) finds that the environmental compliance plan: (A) is reasonably designed to meet or exceed the applicable requirements of the Clean Air Act Amendments of 1990; (B) consti…

Sec. 9. (a) If the commission finds that an environmental compliance plan submitted by a public utility does not satisfy the requirements of section 8 of this chapter, the commission may reject the plan. (b) If a public utility's environmental compliance plan is rejected by the c…

Sec. 1. Whenever any railroad, situated partly in this state and partly in an adjoining state, shall be owned by a corporation formed by the consolidation of a railroad corporation or corporations of this state with a railroad corporation or corporations of such adjoining state, …

Sec. 2. In case the whole or any part of any railroad situate within this state (a part of which is situate in another state) shall become vested in a corporation of such other state, and such corporation shall also acquire a part of such railroad situate in such other state, the…

Sec. 1. As used in this chapter, "acceptable temperature" means a temperature established in a rule or regulation adopted by the Indiana department of health with respect to the storage and transportation of a particular food and enforced by the Indiana department of health or a …

Sec. 2. As used in this chapter, "health inspector" refers to an agent or employee of the Indiana department of health or a local health department. As added by P.L.108-2012, SEC.1. Amended by P.L.56-2023, SEC.56.

Sec. 3. As used in this chapter, "law enforcement officer" means: (1) a state police officer; or (2) a state police motor carrier inspector; with authority to enforce this article. As added by P.L.108-2012, SEC.1.

Sec. 4. As used in this chapter, "local health department" refers to a local health department established under IC 16-20 or the health and hospital corporation created under IC 16-22-8. As added by P.L.108-2012, SEC.1.

Sec. 5. As used in this chapter, "motor vehicle for the transportation of food" means a motor vehicle that is: (1) subject to inspection under IC 8-2.1-24, including under rules prescribed under IC 8-2.1-24; and (2) engaged in the transportation of food. As added by P.L.108-2012,…

Sec. 6. A person may not operate a motor vehicle for the transportation of food upon a public highway unless the motor vehicle is in compliance with applicable rules adopted by the Indiana department of health concerning the transportation of food. As added by P.L.108-2012, SEC.1…

infraction; inspection by law enforcement officer or health inspector; transporting food ordered disposed; Class A misdemeanor; impoundment Sec. 7. (a) A law enforcement officer may inspect a motor vehicle used to transport food to determine compliance with section 6 of this chap…

Sec. 8. The following are not liable in a civil action for an official act done or omitted in connection with the performance of duties under this chapter: (1) An agent or employee of the department. (2) An agent or employee of the state police department. (3) An agent or employe…