Title 8, UTILITIES AND TRANSPORTATION

Sec. 6. Upon conclusion of the study, the department shall consider the appropriateness of implementing a voluntary pilot program based on one (1) or more of the mechanisms included in the study. As added by P.L.208-2014, SEC.1.

Sec. 1. The definitions in IC 8-1-2-1 apply throughout this chapter. As added by P.L.145-1999, SEC.7.

Sec. 2. As used in this chapter, "utility company" refers to either of the following: (1) A public utility that provides water or sewer service. (2) A regional sewer and water district. The term does not include a municipally owned utility. As added by P.L.145-1999, SEC.7.…

Sec. 3. (a) The commission may review any of the following or any combination of the following aspects of a utility company's operations: (1) Technical, financial, and managerial capacity. (2) Physical condition and capacity of the utility company's plant. (3) Compliance with Ind…

Sec. 4. The commission may issue orders under section 5 of this chapter if the commission finds either of the following: (1) The utility company has continued violations of: (A) law regulating the utility company after the commission has ordered compliance; or (B) commission orde…

Sec. 5. (a) As used in this section, "subject utility company" refers to a utility company that is the subject of a finding by the commission under section 4 of this chapter. (b) If the commission makes a finding under section 4 of this chapter, the commission may, after notice a…

Sec. 6. (a) This section does not apply to the following: (1) A municipality that, as of July 1, 2012, had established and operated a water utility. (2) An action brought under: (A) IC 8-1-2-92; (B) IC 8-1-2-93; or (C) IC 8-1.5-2; before March 1, 2013. (b) A municipality or other…

Sec. 1. (a) As used in this chapter, "eligible project" means either of the following: (1) A project: (A) that is undertaken by a local unit; (B) that repairs or increases the capacity of local roads and bridges; and (C) that is part of the local unit's transportation asset manag…

Sec. 1.5. A project described in section 1(a)(2) of this chapter may consist of one (1) or more of the following: (1) Installing appropriate road signs to warn vehicle drivers as they approach low water crossings. (2) Replacing damaged, undersized, perched, and blocked road struc…

Sec. 2. (a) The local road and bridge matching grant fund is established to provide matching grants to local units for eligible projects. (b) The department shall administer the fund. (c) The fund consists of the following: (1) Appropriations by the general assembly. (2) Interest…

Sec. 3. A local unit may apply to the department for a grant from the fund for an eligible project if the local unit: (1) uses a transportation asset management plan approved by the department; and (2) commits to a local match by using one (1) or more of the following: (A) Any mo…

Sec. 3.5. In each state fiscal year beginning after June 30, 2026, a local unit that receives a distribution under section 2(k) of this chapter may be eligible for a grant from the local road and bridge matching grant fund described in section 2(h) of this chapter. The grant dist…

Sec. 4. A local unit's application for a grant from the fund must specify the amount of money that the local unit is committing to contribute to the eligible project. As added by P.L.146-2016, SEC.16.

Sec. 5. (a) In the evaluation of applications for grants from the fund for projects described in section 1(a) of this chapter, the department shall give preference to projects that are anticipated by the department to have the greatest regional economic significance for the regio…

Sec. 6. If the department approves a grant to a local unit under this chapter, the required local matching amount by the local unit is equal to the following applicable percentage of the total cost of the eligible project: (1) For a county applicant, the following: (A) Fifty perc…

Sec. 7. The department shall allocate at least fifty percent (50%) of the amount available to the department to make grants in a state fiscal year to: (1) local units that are counties having a population of less than fifty thousand (50,000); and (2) local units that are municipa…

Sec. 8. The department may adopt guidelines to implement this chapter, including guidelines that establish a maximum amount that any one (1) local unit may receive as a grant. However, if: (1) the department establishes a maximum amount per local unit; and (2) multiple local unit…

Sec. 9. Not later than July 1, 2022, the department shall make asset management plans of local units approved under this chapter available in an electronic format specified by the department on a website maintained by: (1) the department; or (2) an entity contracted by the depart…

Sec. 1. The definitions in IC 8-1-2-1 apply throughout this chapter. As added by P.L.94-2000, SEC.1.

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…

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.

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…

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. 0.5. The definitions set forth in IC 8-16-3-1.5 apply throughout this chapter. As added by P.L.182-2009(ss), SEC.264.

Sec. 0.7. As used in this chapter, "double tracking" means a railway running two (2) bidirectional tracks. The term includes a railway: (1) with a double track that can be signaled to run in a single direction; and (2) with a double track that can be signaled into one (1) track t…

Sec. 1. (a) As used in this chapter, "eligible county" means a county that has: (1) a population of more than one hundred thousand (100,000) and less than seven hundred thousand (700,000); and (2) a major obstruction between commercial or population centers which is capable of ca…

Sec. 4. (a) The executive of any eligible county may provide a major bridge fund in compliance with IC 6-1.1-41 to make available funding for the following purposes: (1) The construction of major bridges. (2) In Allen County, the construction, maintenance, and repair of bridges, …

Sec. 5. An appropriation from the major bridge fund in Allen County may be made without the approval of the department of local government finance if: (1) the county executive adopts a resolution finding that the county does not need to continue accumulating money in the fund for…