Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

Sec. 5. (a) The department, any member of the department or any authorized representative of the department, may compel the attendance of witnesses, swear witnesses, take their testimony under oath, make record of the testimony, and after the record is made under the direction of…

state; adoption of rules or orders of other agencies Sec. 7. (a) The department may, subject to the approval of the governor, enter into an agreement or understanding with the United States Department of Transportation, any other appropriate agency of federal government, or any o…

Sec. 8. The department may cooperate with other state agencies in adopting combined uniform procedures and forms when in the judgment of the affected agencies the action would be in the interest of the state, its citizens, and any other person subject to this chapter and to other…

compensation of staff Sec. 9. The department may do and perform all reasonably necessary things to carry out the purposes of this chapter, whether specifically mentioned in this chapter or not, including the power, subject to the approval of the governor, to employ and fix the co…

and bridge sections Sec. 1. The department may illuminate dangerous curves and intersections and heavily traveled sections of the highways, including bridges, in the state highway system. The illumination shall be accomplished according to nationally recognized engineering standa…

Sec. 2. The department shall enter into an agreement for the sharing of the utility costs of illumination with cities, towns, and counties when a highway is located in part within a city, town, or county before the installation of lights, except when the state elects to totally f…

30, 1985 Sec. 3. Except as provided in an agreement entered into under section 2 of this chapter after June 30, 1985, the department shall pay all costs in connection with illumination of a state highway designated as a part of the national system of interstate and defense highwa…

agreements in effect on June 30, 1985 Sec. 4. The department shall assume the liability of the city, town, or county under an agreement in effect on June 30, 1985, between a city, town, or county and a utility to provide energy used after June 30, 1985, for illumination of a stat…

Sec. 1. Legislative Findings and Declaration of Policy. It is declared to be in the public interest that, in order to encourage the orderly development of coordinated statewide electric service at retail, to eliminate or avoid unnecessary duplication of electric utility facilitie…

Sec. 2. (a) The definitions in this section apply throughout this chapter. (b) "Electricity supplier" means a public utility, a local district rural electric membership corporation, or a municipally owned electric utility which furnishes retail electric service to the public. (c)…

Sec. 3. Assigned Service Areas. (a) Unless otherwise agreed upon between adjacent electricity suppliers, all areas inside existing municipal limits are hereby assigned to the electricity supplier serving a plurality of the electric meters within the municipality on January 1, 197…

Sec. 4. Service Area Rights. (a) As long as an electricity supplier continues to provide adequate retail service, it shall have the sole right to furnish retail electric service to each present and future consumer within the boundaries of its assigned service area and no other el…

Sec. 5. Effect of Incorporation, Annexation, Consolidation or Merger. After January 1, 1979, the inclusion by incorporation, annexation, consolidation, or merger of any part of the assigned service area of an electricity supplier does not impair or affect the rights of an electri…

Sec. 6. (a) The boundaries of the assigned service areas of electricity suppliers may not be changed except under one (1) of the following circumstances: (1) Except as provided in subsection (b), if a municipality which owns and operates an electric utility system furnishing reta…

Sec. 1. Whenever, in the opinion of any board of county commissioners, the use of any public county highway or highways shall be or will become impracticable or unsafe because of obstructions or interruptions resulting from erosion, changes in natural or artificial drains, or any…

Sec. 2. If any person shall desire to temporarily obstruct a county highway which obstruction may result in damage to the highway or temporary blocking of traffic over the highway, such person shall first obtain permission, in writing, which writing shall be entered of record, fr…

Sec. 3. If any person shall desire to lay a pipe line, conduit or private drain, across or along any county highway of this state, such person shall first enter into a contract with the board of county commissioners in each county wherein it is desired to locate such pipe line, c…

Sec. 5. A person who installs a pipeline, conduit, or private drain, across or along any county highway, or blocks or damages any county highway without complying with this chapter, commits a Class B infraction. Formerly: Acts 1947, c.151, s.5. As amended by Acts 1978, P.L.2, SEC…

Sec. 1. The motor carrier regulation fund is established for the purpose of funding: (1) the administration and enforcement of this article; and (2) the administration and enforcement of IC 6-6-4.1 and IC 6-8.1-4-4. As added by P.L.99-1989, SEC.14. Amended by P.L.73-1990, SEC.1; …

Sec. 2. The treasurer of state shall deposit fees collected under this article, IC 6-6-4.1-13, IC 9-20-5-7(b), IC 9-20-5-7(c), and IC 9-20-18-14.5 in the motor carrier regulation fund. As added by P.L.99-1989, SEC.14. Amended by P.L.129-2001, SEC.28; P.L.198-2016, SEC.61.

Sec. 3. The treasurer of state shall invest the money in the motor carrier regulation fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. As added by P.L.99-1989, SEC.14.

Sec. 4. Money in the motor carrier regulation fund does not revert to the state general fund. As added by P.L.99-1989, SEC.14. Amended by P.L.146-2020, SEC.50.

Sec. 1. Whenever a right-of-way or easement for a state, county, or municipal highway is acquired, an accurate description of all rights-of-way and easements shall be filed in the office of the recorder of the county in which the real property is located. The description shall be…

Sec. 2. (a) This section applies only to curbs that are constructed or reconstructed after June 30, 1978. (b) All new construction or reconstruction of public roads or streets funded wholly or in part by funds of the state, a county, a city, or a town must include the installatio…

Sec. 3. An inspector who knowingly permits: (1) construction of a highway contrary to the specifications; (2) the use of inferior materials not provided for in the specifications; or (3) the use of a lesser amount of materials than provided for in the specifications; commits a Le…

Sec. 4. (a) The point of highest elevation in Indiana is designated as "Hoosier High Point." (b) The department shall erect and maintain signs to inform persons using the state highway system of the: (1) location of; and (2) way to; the point of highest elevation in Indiana. The …

Sec. 1. It is the policy of this state to encourage the development of alternate energy production facilities, cogeneration facilities, and small hydro facilities in order to conserve our finite and expensive energy resources and to provide for their most efficient utilization. A…

Sec. 2. (a) The definitions in this section apply throughout this chapter. (b) "Alternate energy production facility" means: (1) any solar, wind turbine, waste management, resource recovery, refuse-derived fuel, organic waste biomass, or wood burning facility; (2) any land, syste…

Sec. 3. The commission shall encourage the participation of utilities in alternate energy production facilities, cogeneration facilities, small hydro facilities, and private generation projects. As added by Acts 1982, P.L.72, SEC.1. Amended by P.L.222-2014, SEC.3.

contracts; rates for new and existing facilities; utilities not required to construct additional facilities or distribute power from private generation projects; commission review of utilities' rates for supplemental or backup power Sec. 4. (a) Subject to section 5 of this chapte…

Sec. 5. (a) The commission may not require an electric utility or steam utility to purchase or wheel electricity or useful thermal energy from an alternate energy production facility or cogeneration facility unless the facility: (1) has an electric generating capacity of not more…

interconnection Sec. 6. (a) The owner of a private generation project may sell excess electric output generated by the private generation project to an electric utility as provided in subsection (b) to the extent the sale is consistent with applicable federal and state laws, rule…

Sec. 1. Notwithstanding any other statute or rule of law of the state, any corporation or other business entity engaged in the transmission of gas by pipeline, which is subject to the supervision, control, or jurisdiction of the federal government or any agency, board or commissi…

Sec. 2. Any corporation or other business entity engaged in the transmission of gas by pipeline, and which is subject to the supervision, control, or jurisdiction of the federal government, or any agency, board, or commission thereof with respect to construction of additional fac…

Sec. 1. (a) In case a majority in interest of the creditors of a railroad company and the majority in interest of the stockholders of such company agree upon a plan for the readjustment or capitalization of the debt and stock thereof, thereupon an agreement as aforesaid, either b…

Sec. 2. Such corporation shall possess all the powers, rights, privileges, immunities, faculties, and franchises in respect to the said railroad, or the part thereof purchased as aforesaid, which were possessed or enjoyed by the corporation that owned or held the said railroad pr…

Sec. 3. In case the part situate within this state of any railroad, 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 situate in such other state of the said railroad, the said cor…

Sec. 4. Next in the order of lien to the existing mortgage debt of the old road shall stand the amounts due persons for labor performed, wood and other such materials furnished the old company in running the road, and damages for killing stock and right of way: Provided, That all…

Sec. 5. So much of any railroad as lies in this state and is embraced in the mortgage or mortgages sought to be foreclosed may be sold at such sale as an entirety; and the court making a decree or order of sale may declare, in the order, where the principal office of the railroad…

reorganized company Sec. 6. In case of the sale of a railroad, or any part thereof, as in section 1 of this chapter mentioned, full power is hereby given to the corporate authorities of the several counties, cities, townships, and other municipal corporations holding stock in the…

Sec. 7. No purchaser or purchasers of any railroad shall be entitled to any rights or benefits under this chapter until such purchaser or purchasers shall first assume and pay, in money or first class or satisfactory securities, to be issued by the new corporation formed upon the…

Sec. 8. This chapter may be amended or repealed at the discretion of the legislature. Formerly: Acts 1861, c.78, s.8. As amended by P.L.62-1984, SEC.79.

Sec. 0.1. Notwithstanding the amendments made to section 18 of this chapter by P.L.219-2003, the requirement that 49 CFR 383 and 384 be incorporated into Indiana law by reference, as provided by section 18 of this chapter, as amended by P.L.219-2003, does not apply before July 1,…

Sec. 1. (a) This chapter applies to the certification of a motor carrier providing intrastate transportation by motor vehicle of property or passengers for compensation. (b) Section 18 of this chapter applies to the regulation of the following persons: (1) A motor carrier describ…

Sec. 10. (a) After a decision, an order, or a requirement has been made by the department in a proceeding under this chapter, a party may apply to the department for reconsideration or rehearing of a matter determined in the proceeding. The department may grant the reconsideratio…

transportation of property and passengers Sec. 11. The department may, subject to the approval of the governor, enter into an agreement or understanding with the United States Department of Transportation or any other appropriate agency of the federal government, another Indiana …

Sec. 12. The department may by rules adopted under IC 4-22-2 adopt orders, standards, or regulations of the Federal Motor Carrier Safety Administration, any other appropriate agency of the federal government, or another state as the orders, standards, or regulations affect motor …

Sec. 13. The department may cooperate with other state agencies in adopting combined uniform procedures and forms. As added by P.L.110-1995, SEC.29.

judges and other necessary employees Sec. 14. The department may perform all reasonably necessary actions to carry out this chapter, including the power, subject to: (1) the approval of the state personnel department and the budget agency; and (2) IC 4-21.5; to employ and fix the…

of acknowledgment Sec. 15. A motor carrier may not operate a motor vehicle in the transportation of property, upon a public highway in intrastate commerce until the motor carrier has: (1) submitted forms approved by the department to be a properly certified motor carrier; and (2)…