Title 8, UTILITIES AND TRANSPORTATION

Sec. 11. (a) If the commission issues an order approving an environmental compliance plan submitted by a public utility under this chapter, the commission shall, absent fraud, concealment, gross mismanagement, or inadequate quality control, allow the public utility to do the foll…

Sec. 12. (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. 13. If the commission issues an order under section 7 or 15 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 public …

Sec. 14. 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 15 or 16 of this chapter that withdraws the commission's approval of the inclusion of the measure in t…

Sec. 15. (a) If the commission, after an investigation commenced upon its own initiative or upon a petition of a class of persons satisfying the standing requirements of IC 8-1-2-54 (including the office of the utility consumer counselor), finds that substantial changes: (1) in t…

Sec. 16. (a) In addition to the review of the continued appropriateness of an environmental compliance plan under section 15 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. 17. If the commission disapproves all or part of the implementation of the part of the environmental compliance plan under review: (1) the commission may, consistent with section 9 of this chapter, issue an order withdrawing the commission approval of all or part of the envi…

Sec. 18. 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. 19. (a) Use of the procedure 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. 2. 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 Safe Drinking Water Act or the Clean Water Act. As added by P.L.76-1991, SEC.2.

Sec. 3. 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.2.

Sec. 4. As used in this chapter, "Safe Drinking Water Act" refers to the federal Safe Drinking Water Act (Public Health Service Act, 42 U.S.C. 300f et seq.) and regulations adopted under the Safe Drinking Water Act. As added by P.L.76-1991, SEC.2.

Sec. 5. (a) A public utility that is subject to provisions of the Safe Drinking Water Act or Clean Water Act may voluntarily submit an environmental compliance plan that sets forth the manner in which the public utility intends to comply with requirements of the Safe Drinking Wat…

Sec. 6. 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. 7. 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 applicable requirements of the Safe Drinking Water Act or Clean Water Act; (B) …

Sec. 8. (a) If the commission finds that an environmental compliance plan submitted by a public utility does not satisfy the requirements of section 7 of this chapter, the commission may reject the plan. (b) If the public utility's environmental compliance plan is rejected by the…

conflicts Sec. 9. A public utility shall submit its environmental compliance plan or modified environmental compliance plan to any applicable state government environmental agency on or before the date that the public utility submits the plan to the commission under this chapter.…

Sec. 1. As used in this chapter, "department" means the department of transportation. As added by P.L.218-2017, SEC.60.

Sec. 2. The department may: (1) plan; (2) develop; (3) install; (4) maintain; (5) monitor; and (6) finance; electronic weigh-in-motion equipment to facilitate the enforcement of size and weight restrictions under IC 9-20. As added by P.L.218-2017, SEC.60.…

Sec. 3. The department may enter into any contracts and agreements necessary to carry out this chapter. As added by P.L.218-2017, SEC.60.

Sec. 4. The department may adopt rules under IC 4-22-2 to carry out this chapter. If the department adopts rules under this section, the rules must establish the following: (1) Technical standards for the installation of electronic weigh-in-motion stations, including: (A) roadway…

Sec. 1. The general assembly finds the following: (1) That the River Ridge Commerce Corridor is vitally important to the well-being and advancement of Indiana. (2) That the following are adjacent to or located within the corridor: (A) Charlestown State Park. (B) The River Ridge C…

Sec. 2. As used in this chapter, "corporation" refers to the Indiana economic development corporation established by IC 5-28-3-1. As added by P.L.88-2011, SEC.1.

Sec. 3. (a) The River Ridge Commerce Corridor is established for the area adjacent to either of the following: (1) The segment of State Road 62 between: (A) the point where State Road 62 meets Interstate Highway 265; and (B) the point where State Road 62 meets State Road 3. (2) T…

Sec. 4. This chapter does not affect local planning and zoning actions taken within the River Ridge Commerce Corridor under IC 36-7. As added by P.L.88-2011, SEC.1.

Sec. 5. The department may annually provide the local officials having jurisdiction over the territory within the River Ridge Commerce Corridor with traffic studies and any other information relevant to: (1) developing and promoting the economic development of the corridor; and (…

Sec. 6. The corporation shall coordinate state and local economic development initiatives within the River Ridge Commerce Corridor. As added by P.L.88-2011, SEC.1.

Sec. 7. The office of community and rural affairs established by IC 4-4-9.7-4, with the assistance of the corporation and the department, shall assist the local governments having jurisdiction over the territory within the River Ridge Commerce Corridor in developing local zoning …

Sec. 1. As used in this chapter, "customer" means a person to whom telecommunications services are provided. As added by P.L.92-1998, SEC.2.

Sec. 1.3. As used in this chapter, "letter of agency" means a written statement that a customer signs that authorizes a change to that customer's primary interexchange carrier or primary local exchange carrier. As added by P.L.135-1999, SEC.1.

Sec. 1.5. As used in this chapter, "preferred carrier change order" means a request to change a customer's telecommunications provider. As added by P.L.135-1999, SEC.2.

Sec. 2. As used in this chapter, "telecommunications" means the electronic transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information sent and received. The term does not include com…

Sec. 3. As used in this chapter, "telecommunications provider" means a person that provides telecommunications service. As added by P.L.92-1998, SEC.2.

Sec. 4. As used in this chapter, "telecommunications service" means making telecommunications available to the public for a fee. As added by P.L.92-1998, SEC.2.

Sec. 5. A customer of a telecommunications provider may not be: (1) switched to another telecommunications provider unless the customer authorizes the switch; or (2) billed for services by a telecommunications provider that without the customer's authorization added the services …

Sec. 5.5. A telecommunications provider may not submit a preferred carrier change order unless the order has first been confirmed in accordance with one (1) of the following procedures: (1) The telecommunications provider has obtained the customer's written authorization through …

Sec. 6. The commission shall adopt rules under IC 4-22-2 to implement IC 8-1-29-5.5. The commission's rules shall ensure that a customer of a telecommunications provider is not: (1) switched to another telecommunications provider without the customer's authorization; or (2) bille…

Sec. 7. A complaint may be filed with the commission by any of the following: (1) A customer of a telecommunications provider who has been: (A) switched by one (1) telecommunications provider to another telecommunications provider without the customer's authorization; or (B) bill…

Sec. 7.5. (a) If after notice and hearing the commission finds that a telecommunications provider has violated: (1) section 5 of this chapter; or (2) rules adopted under section 6 of this chapter; the commission may impose a civil penalty of not more than two thousand five hundre…

Sec. 8. The commission may refer a violation of section 5 of this chapter or rules adopted under section 6 of this chapter to the attorney general as a deceptive act. If a violation of section 5 of this chapter or rules adopted under section 6 of this chapter is referred to the a…

Sec. 1. If, after hearing on a complaint or petition filed with the Indiana department of transportation, the department determines that a party complainant is entitled to an award of damages for the violation of the laws of this state prescribing the duties and powers of the dep…

Sec. 2. If a carrier does not comply with an order for the payment of money within the time limit in an order, the complainant (or a person for whose benefit the order was made) may file, in the circuit or superior court of a county into or through which the road of the carrier r…

Sec. 3. All complaints for the recovery of damages shall be filed with the Indiana department of transportation within two (2) years from the time the cause of action accrues. A complaint for the enforcement of an order for the payment of money shall be filed in court within one …

Sec. 4. (a) In suits filed under this chapter, all parties in whose favor the Indiana department of transportation may have made an award for damages by a single order may be joined as plaintiffs, and all the carriers that are parties to the order awarding damages may be joined a…

Sec. 5. The provisions of this chapter are cumulative to all other rights and remedies of the parties and all other powers of the Indiana department of transportation. Formerly: Acts 1913, c.273, s.5. As amended by P.L.62-1984, SEC.83; P.L.384-1987(ss), SEC.54; P.L.18-1990, SEC.6…

Sec. 1. As used in this chapter, "study" refers to the study of transportation infrastructure funding mechanisms that is the subject of the contract described in section 2 of this chapter. As added by P.L.208-2014, SEC.1.