Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

Sec. 3.5. As used in this chapter, "communications service" has the meaning set forth in IC 8-1-32.5-3. As added by P.L.200-2014, SEC.1.

Sec. 4. As used in this chapter, "damage" means: (1) the substantial weakening of structural or lateral support of an underground facility; (2) the penetration or destruction of a protective coating, a housing, or another protective device of an underground facility; (3) the part…

Sec. 5. As used in this chapter, "demolish" means an operation in which a structure or mass of material is wrecked, raised, rendered, moved, or removed by means of tools, equipment, or discharge of explosives. As added by P.L.69-1990, SEC.2.

Sec. 5.2. As used in this chapter, "design information notice" means a notification that: (1) is voluntarily submitted to the association under section 16.5 of this chapter by a person providing professional services in connection with: (A) a construction project; or (B) any othe…

Sec. 6. As used in this chapter, "excavate" means an operation for the movement, placement, or removal of earth, rock, or other materials in or on the ground by use of tools or mechanized equipment or by discharge of explosives, including augering, backfilling, boring, digging, d…

Sec. 7. As used in this chapter, "facility" means a line or system used for producing, storing, conveying, transmitting, or distributing communication, information, electricity, gas, petroleum, petroleum products, hazardous liquids, carbon dioxide fluids, water, steam, or sewerag…

Sec. 8. As used in this chapter, "imminent danger to life, health, property, or loss of service" means there is a substantial likelihood that loss of life, health, property, or service will result before the procedures under sections 16 and 18 of this chapter can be completed. As…

Sec. 9. As used in this chapter, "mechanized equipment" means equipment operated by means of mechanical power, including: (1) trenchers; (2) bulldozers; (3) power shovels; (4) augers; (5) backhoes; (6) scrapers; (7) drills; (8) cable and pipe plows; (9) hydraulic excavators; and …

Sec. 1. If any railroad company has heretofore executed, or may hereafter execute, any mortgage upon the whole or any portion of their road, it shall be lawful for such company, with the consent of persons owning a majority of the capital stock of such company, to settle and comp…

Sec. 1. This chapter applies to an indemnity provision entered into or renewed after June 30, 2006. As added by P.L.31-2006, SEC.1.

Sec. 2. As used in this chapter, "indemnity provision" means a provision, a clause, a covenant, or an agreement that: (1) is contained in, collateral to, or affecting a motor carrier transportation contract; and (2) purports to indemnify, defend, or hold harmless, or has the effe…

Sec. 3. As used in this chapter, "motor carrier transportation contract" means a contract, an agreement, or an understanding covering: (1) the transportation of property for compensation or hire by a motor carrier as defined under this article or by 49 U.S.C. 13102(14); (2) the e…

Sec. 4. As used in this chapter, "promisee" means a person that an indemnity provision: (1) purports to indemnify, defend, or hold harmless; or (2) has the effect of indemnifying, defending, or holding harmless. As added by P.L.31-2006, SEC.1.

Sec. 5. (a) This section does not apply to any of the following: (1) An indemnity provision in which a motor carrier indemnifies a promisee for and only to the extent of loss or damage that results directly from the negligence, omission, or intentional act of the motor carrier or…

Sec. 1. (a) This chapter does not apply to a project let under IC 8-23-11. (b) This chapter applies only to projects on the state highway system (as defined in IC 8-23-1-40). As added by P.L.63-1992, SEC.4.

Sec. 10. If a highway or bridge construction or improvement project requires the relocation of customer service facilities, the utility providing service to the customer is responsible for arranging the relocation of the utility's customer service facilities required to be reloca…

customer service facilities; responsibility for costs Sec. 11. If a highway or bridge construction or improvement project requires the acquisition of additional right-of-way and the relocation of customer service facilities that existed within the newly acquired right-of-way, the…

relocation of customer service facilities Sec. 12. The following apply to a highway or bridge construction or improvement project that requires the relocation of customer service facilities located in a highway, street, or road: (1) If the utility does not own the customer servic…

facilities Sec. 13. If a utility does not carry out the utility's responsibilities under section 10 of this chapter within six (6) months after the department has requested, in writing, a facilities relocation plan, the department may cause the relocation of the customer service …

reimbursements Sec. 14. (a) If the department causes the relocation of customer service facilities under section 13 of this chapter, the department may recover the costs of the relocation from the utility. (b) A utility shall reimburse the department for costs that are allowable …

future relocations and adjustments Sec. 15. (a) This section does not apply to a relocation included in the national system of interstate highways if the placement of the facilities was made solely to cross the highway. (b) Whenever a utility locates new facilities on a highway i…

Sec. 2. If the department determines that the location of a utility's facilities will interfere with a planned highway or bridge construction or improvement project, the commissioner may order the utility to relocate the utility's facilities. An order issued under this section ma…

Sec. 3. The department shall give notice under IC 4-21.5-3-6 to the utility of the commissioner's order to relocate the utility's facilities. As added by P.L.63-1992, SEC.4.

Sec. 4. A utility that receives notice of an order under section 3 of this chapter may appeal the order under IC 4-21.5-3 for the following reasons: (1) The utility disputes the necessity of the relocation. (2) The utility determines that the utility cannot relocate the utility's…

Sec. 5. The department may negotiate an agreement with a utility to reimburse the utility for extraordinary costs of facilities relocation caused by a highway or bridge construction or improvement project or a combination of highway or bridge construction or improvement projects.…

Sec. 7. The department shall reimburse a utility for the costs of an unnecessary relocation of facilities if, after the completion of the relocation of the facilities: (1) within two (2) years after the completion the department has not let a contract for the highway or bridge co…

conditions Sec. 8. (a) The reimbursement paid under section 7 of this chapter is limited to the cost of relocation (as defined in IC 8-1-9-2) to the utility. (b) The department may reimburse a utility for an unnecessary relocation under section 7 only if the relocation of the uti…

Sec. 9. The commissioner must approve a reimbursement paid under section 7 of this chapter. As added by P.L.63-1992, SEC.4.

As added by P.L.108-1989, SEC.1. Repealed by P.L.82-1997, SEC.19 and P.L.80-1997, SEC.24.

As added by P.L.82-1997, SEC.1. Repealed by P.L.159-1999, SEC.21.

Sec. 1.3. (a) This chapter applies to the following: (1) A public utility established to provide water service that is: (A) privately owned and serves less than three hundred (300) customers; (B) a not-for-profit utility (as defined by IC 8-1-2-125(a)); (C) a cooperative corporat…

Sec. 1.4. As used in this chapter, "members" of a not-for-profit water or sewage disposal company and "shareholders" of a privately owned water or sewage disposal company shall also include the customers of that utility. As added by P.L.80-1997, SEC.3 and P.L.82-1997, SEC.3. Amen…

As added by P.L.80-1997, SEC.4 and P.L.82-1997, SEC.4. Repealed by P.L.159-1999, SEC.21.

Sec. 1.6. (a) As used in this chapter, "sewage treatment provider" means a legal entity that provides only sewage treatment service to a not-for-profit sewage disposal company. (b) As used in this chapter, "sewage treatment recipient" means a not-for-profit sewage disposal compan…

subject to commission jurisdiction Sec. 1.7. (a) This section does not apply to a sewage treatment provider that is otherwise subject to the jurisdiction of the commission. (b) When a sewage treatment provider contracts to provide only sewage treatment service to a sewage treatme…

Sec. 10. (a) If a utility successfully withdraws from commission jurisdiction, the board of directors shall, within five (5) days of the meeting, send written confirmation to the secretary of the commission containing the following information: (1) The total membership or number …

ballot form Sec. 11. (a) Whenever the members or shareholders of a utility desire to return to commission jurisdiction, they must petition the commission. A petition signed by: (1) at least fifteen percent (15%) of the members or shareholders; or (2) the board of directors of the…

Sec. 12. If a utility returns to commission jurisdiction, the commission assumes jurisdiction thirty (30) days after the date of the vote over the following: (1) Rates and charges. (2) Stocks, bonds, notes, or other evidence of indebtedness. (3) Rules. (4) The annual report filin…

Sec. 13. If a utility attempts to return to commission jurisdiction, the board of directors shall, within five (5) days following the meeting, send written confirmation to the secretary of the commission containing the following information: (1) The total membership or number of …

jurisdiction Sec. 14. When a utility returns to commission jurisdiction, the commission may order the utility to file an annual report of the operation of its plant for each of the three (3) calendar years immediately preceding its return to commission jurisdiction on a form pres…

commission's jurisdiction Sec. 14.5. (a) This section applies when a utility fails to follow the procedures provided in this chapter for withdrawal from or return to the commission's jurisdiction. (b) To contest compliance with this chapter: (1) parties aggrieved by the decision …

jurisdiction Sec. 15. (a) This section applies after a utility has properly withdrawn from commission jurisdiction under this chapter. (b) The commission shall revoke or limit the withdrawal from the jurisdiction of the commission of a utility if the lesser of: (1) one hundred (1…

water service Sec. 15.5. (a) This section applies to a utility that is described in section 1.3(a)(1)(B) of this chapter that has properly withdrawn from commission jurisdiction under this chapter. (b) As used in this section, "committee" refers to a policy review committee estab…

Sec. 2. (a) This chapter provides the exclusive statutory manner for a utility described in section 1.3(a)(1) or 1.3(a)(2) of this chapter to withdraw from the jurisdiction of the commission for the approval of the following: (1) Rates and charges. (2) Stocks, bonds, notes, or ot…

Sec. 3. A utility described in section 1.3(a)(1) or 1.3(a)(2) of this chapter that proposes to withdraw from the jurisdiction of the commission must first obtain approval from its members or shareholders. As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.7; P.L.82-1997…

Sec. 4. The board of directors of a utility described in section 1.3(a)(1) or 1.3(a)(2) of this chapter must conduct a referendum among its members or shareholders to determine whether the members or shareholders approve the withdrawal from commission jurisdiction. As added by P.…

Sec. 5. The referendum must be conducted at a special meeting called by the board. Written notice of the meeting must be sent to every member or shareholder of the withdrawing utility and to the secretary of the commission not less than thirty (30) days before the date of the mee…

Sec. 6. A quorum consisting of not less than five percent (5%) of the members must be present at the meeting to transact business and to take official action regarding the jurisdiction question. As added by P.L.108-1989, SEC.1.

Sec. 7. The board shall distribute secret written ballots to the members or shareholders present at the meeting. The form of the ballots must be as follows: [] YES, I want to withdraw from the jurisdiction of the commission. [] NO, I want to remain under the jurisdiction of the c…

As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.11; P.L.82-1997, SEC.11. Repealed by P.L.159-1999, SEC.21.