Title 8, TITLE 8. UTILITIES AND TRANSPORTATION
337 chapters · 3,744 sections in this title.
Ind. Code § 8-1-31-1 Applicability of definitions
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Sec. 1. The definitions in IC 8-1-2-1 apply throughout this chapter. As added by P.L.94-2000, SEC.1.
Ind. Code § 8-1-31-1.3 "Adjustment amount"
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Sec. 1.3. As used in this chapter, "adjustment amount" means the amount proposed in a petition filed under section 8 of this chapter to allow the adjustment of an eligible utility's basic rates and charges to provide for recovery of infrastructure improvement costs. As added by P…
Ind. Code § 8-1-31-1.5 "Adjustment revenues"
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Sec. 1.5. As used in this chapter, "adjustment revenues" means revenues produced through an adjustment amount approved under section 9 of this chapter exclusive of revenues from all other rates and charges. As added by P.L.209-2014, SEC.2.
Ind. Code § 8-1-31-10 Petition for change in initial adjustment amount
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Sec. 10. (a) Except as provided in subsection (b), an eligible utility may, but is not required to, file a petition for a change in its initial adjustment amount not more often than one (1) time every twelve (12) months. (b) Except as provided in section 15 of this chapter, an el…
Ind. Code § 8-1-31-11 Pretax return factors
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Sec. 11. In determining an appropriate pretax return, the commission may consider the following factors: (1) The current state and federal income tax rates. (2) The public utility's actual regulatory capital structure. (3) The actual cost rates for the public utility's long term …
Ind. Code § 8-1-31-11.5 Allowable recovery for municipally owned utility; factors
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Sec. 11.5. In determining the amount of allowable recovery of infrastructure improvement costs for a municipally owned utility, the commission may consider the following factors: (1) Adequate money for making extensions and replacements of eligible infrastructure improvements, to…
Ind. Code § 8-1-31-11.6 Allowable recovery for not-for-profit utility; factors
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Sec. 11.6. In determining the amount of allowable recovery of infrastructure improvement costs for a not-for-profit utility, the commission may consider the following factors: (1) Adequate money for making extensions and replacements of eligible infrastructure improvements. (2) D…
Ind. Code § 8-1-31-12 Cost of common equity
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Sec. 12. The cost of common equity to be used in the calculation of the charge shall be the most recent determination by the commission in a general rate proceeding of the public utility. If the commission finds that the last such determination is no longer representative of curr…
Ind. Code § 8-1-31-13 Limit on total adjustment revenues; exceptions
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Sec. 13. (a) The commission may not approve a petition filed under section 8 or 10 of this chapter to the extent it would: (1) for a public utility, produce total adjustment revenues exceeding ten percent (10%) of the eligible utility's base revenue level approved by the commissi…
Ind. Code § 8-1-31-14 Adjustment amount calculation; reconciliation
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Sec. 14. An adjustment amount proposed under section 8 of this chapter may be calculated based on a reasonable estimate of meter size in the period in which the charge will be in effect. At the end of each twelve (12) month recovery period following the date on which the commissi…
Ind. Code § 8-1-31-15.5 Municipally owned utilities and not-for-profit utilities;
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resetting of adjustment amount upon approval of new basic rates and charges that include eligible infrastructure improvements Sec. 15.5. (a) This section applies only to an eligible utility that is: (1) a municipally owned utility; or (2) a not-for-profit utility. (b) An eligible…
Ind. Code § 8-1-31-16 Filing of petition not general increase in basic rates and
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charges Sec. 16. For purposes of IC 8-1-2-42(a), the approval of a petition filed under section 8 or 10 of this chapter is not a general increase in basic rates and charges. As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.15.
Ind. Code § 8-1-31-17 Adoption of other procedures
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Sec. 17. The commission may adopt by rule under IC 4-22-2 or by order other procedures not inconsistent with this chapter that the commission finds reasonable or necessary to administer this chapter. As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.16.
Ind. Code § 8-1-31-2 Repealed
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As added by P.L.94-2000, SEC.1. Repealed by P.L.209-2014, SEC.3.
Ind. Code § 8-1-31-3 Repealed
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As added by P.L.94-2000, SEC.1. Repealed by P.L.209-2014, SEC.4.
Ind. Code § 8-1-31-4 Repealed
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As added by P.L.94-2000, SEC.1. Repealed by P.L.209-2014, SEC.5. IC 8-1-31-5 "Eligible infrastructure improvements" Sec. 5. As used in this chapter, "eligible infrastructure improvements" means projects that: (1) are: (A) new water or wastewater utility distribution or collection…
Ind. Code § 8-1-31-5.2 "Eligible utility"
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Sec. 5.2. As used in this chapter, "eligible utility" means a: (1) public utility; (2) municipally owned utility; or (3) not-for-profit utility; that provides water or wastewater service and is under the jurisdiction of the commission for the approval of rates and charges. As add…
Ind. Code § 8-1-31-5.5 "Infrastructure improvement costs"
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Sec. 5.5. As used in this chapter, "infrastructure improvement costs" means the following: (1) For a public utility: (A) depreciation expenses; (B) property taxes to be paid by the public utility based upon the first assessment date following placement in service; and (C) pretax …
Ind. Code § 8-1-31-5.9 "Not-for-profit utility"
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Sec. 5.9. As used in this chapter, "not-for-profit utility" has the meaning set forth in IC 8-1-2-125(a). The term includes a utility company owned, operated, or held in trust by a consolidated city. As added by P.L.212-2015, SEC.5.
Ind. Code § 8-1-31-6 "Pretax return"
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Sec. 6. As used in this chapter, "pretax return" means the revenues necessary to: (1) produce net operating income equal to a public utility's weighted cost of capital multiplied by the net original cost of eligible distribution or collection system improvements; and (2) pay stat…
Ind. Code § 8-1-31-7 Repealed
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As added by P.L.94-2000, SEC.1. Repealed by P.L.212-2015, SEC.7.
Ind. Code § 8-1-31-8 Petition by eligible utility for rate adjustment
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Sec. 8. (a) Except as provided in subsection (d), an eligible utility may file with the commission a petition setting forth rate schedules establishing an amount that will allow the adjustment of the eligible utility's basic rates and charges to provide for recovery of infrastruc…
Ind. Code § 8-1-31-9 Hearing and order; incorrect calculation of adjustment
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amount; authority of commission to provide correct calculation Sec. 9. (a) When a petition is filed under section 8 of this chapter, the commission shall conduct a hearing. (b) The office of the utility consumer counselor may do the following: (1) Examine information of the eligi…
Ind. Code § 8-4-31-1 Insurance; actions against railroads
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Sec. 1. Each railroad corporation owning or operating a railroad in this state shall be responsible in damage to every person or corporations whose property may be injured or destroyed by fire communicated directly or indirectly by locomotive engines in use upon the railroad owne…
Ind. Code § 8-4-31-2 "Railroad corporations" defined
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Sec. 2. The term "railroad corporations" contained in this chapter shall be deemed and taken to mean all corporations, companies, and individuals which on or after April 21, 1911, own or operate any railroad within this state. Formerly: Acts 1911, c.107, s.2. As amended by P.L.62…
Ind. Code § 8-23-31-1 "Department action"; "local news media organization"; notice
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of department action Sec. 1. (a) As used in this chapter, "department action" means one (1) or more of the following: (1) Detour creation or implementation. (2) Planned bridge repair. (3) Planned road repair. (b) As used in this chapter, "local news media organization" means any …
Ind. Code § 8-23-31-2 Impact on local economy and traffic
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Sec. 2. The department shall consider the following when determining when to let a contract involving a department action: (1) The impact of the scheduled department action on local commerce. (2) The impact of the scheduled department action on local residents. (3) The impact of …
Ind. Code § 8-23-31-3 Additional considerations affecting the timing and means of
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department actions Sec. 3. Notwithstanding any other law or provision, the department shall make a good faith effort to: (1) use the least disruptive timing when determining when to let a contract involving a department action; and (2) use the least restrictive means when impleme…