Title 8, UTILITIES AND TRANSPORTATION

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 …

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…

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…

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…

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…

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…

Sec. 15. A public utility for which the commission has approved a petition under section 8 or 10 of this chapter shall file revised rate schedules resetting the adjustment amount if new basic rates and charges become effective for the public utility following a commission order a…

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 utility's adjustment amount approved under section 8 or 10 of this chapter shall be reset to zero (0) upon the approval of ne…

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.

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.

Sec. 5. As used in this chapter, "eligible infrastructure improvements" means projects that: (1) are: (A) new water or wastewater utility distribution or collection plant projects; or (B) projects to relocate existing utility plant, including projects to relocate utility plant or…

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…

Sec. 5.5. As used in this chapter, "infrastructure improvement costs" means the following: (1) For a public utility: (A) depreciation expenses, including deferred depreciation expense beginning with the in service date of eligible infrastructure improvements; (B) property taxes t…

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.

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…

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…

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 eligible utility, limited to confirmation of the following: (A) That…

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…

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…

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 entity or organizatio…

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 …

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 implementing or performing…