337 chapters · 3,744 sections in this title.
Ind. Code § 8-1-2.7-9 Effect of withdrawal
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Sec. 9. (a) Except as provided under subsection (c) or section 15 of this chapter, when a utility successfully withdraws from commission jurisdiction, the commission does not have authority to regulate the following: (1) Rates and charges. (2) Stocks, bonds, notes, or other evide…
Ind. Code § 8-1-27-1 "Clean Air Act" defined
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Sec. 1. As used in this chapter, "Clean Air Act" refers to the federal Clean Air Act (42 U.S.C. 7401 et seq.) and regulations adopted under the federal Clean Air Act. As added by P.L.76-1991, SEC.1.
Ind. Code § 8-1-27-10 Submission of plan to government environmental agency;
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conflicts Sec. 10. 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…
Ind. Code § 8-1-27-12 Recovery of costs by public utility for capital projects or
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implemented plan Sec. 12. (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 utili…
Ind. Code § 8-1-27-13 Revised cost and schedule estimate for developing and
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implementing plan; submission to commission Sec. 13. (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 approve…
Ind. Code § 8-1-27-14 Plan exceeding Clean Air Act Amendments of 1990
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requirements; credits or additional benefits Sec. 14. If the commission finds that an environmental compliance plan or a modified environmental compliance plan approved by the commission under this chapter exceeds the applicable requirements of the Clean Air Act Amendments of 199…
Ind. Code § 8-1-27-15 General rate proceedings; consideration of change in risk to
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utility following approval of plan Sec. 15. 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 co…
Ind. Code § 8-1-27-16 Utility's recovery of expenditures due to plan modification
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Sec. 16. If the commission issues an order under sections 8, 11, or 18 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 p…
Ind. Code § 8-1-27-17 Recovery of costs incurred by utility in implementing measure
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set forth in plan but disapproved by commission upon review Sec. 17. 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 18 or 19 of this chapter that withdraws th…
Ind. Code § 8-1-27-18 Review of plan by commission; withdrawal of approval or
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modification of plan Sec. 18. (a) If the commission, after an investigation commenced upon its own initiative or upon a petition of the public utility or a class of persons satisfying the standing requirements of IC 8-1-2-54 (including the office of the utility consumer counselor…
Ind. Code § 8-1-27-19 Ongoing review of cost and implementation of plan; progress
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report; recovery of costs; approval or disapproval by commission; effect Sec. 19. (a) In addition to the review of the continued appropriateness of an environmental compliance plan under section 18 of this chapter, the commission shall, at the request of a public utility, conduct…
Ind. Code § 8-1-27-2 "Clean Air Act Amendments of 1990" defined
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Sec. 2. As used in this chapter, "Clean Air Act Amendments of 1990" refers to Title IV, Acid Deposition Control, of the federal Clean Air Act Amendments of 1990 (P.L.101-549) and regulations adopted under the federal Clean Air Act Amendments of 1990. As added by P.L.76-1991, SEC.…
Ind. Code § 8-1-27-20 Annual plan review; compliance with IC 8-1-27-8
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Sec. 20. The commission shall annually review each environmental compliance plan, the implementation of which has resulted in the displacement or diminished use of Indiana coal and determine whether a different compliance measure would more fully satisfy the requirements of secti…
Ind. Code § 8-1-27-21 Repealed
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As added by P.L.76-1991, SEC.1. Repealed by P.L.1-1992, SEC.32.
Ind. Code § 8-1-27-22 Contract for sale and purchase of coal; effect of chapter
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Sec. 22. (a) This chapter does not give a party to a contract for the sale and purchase of coal any greater rights under a force majeure provision of the contract than the party had before July 1, 1991. (b) The commission may not implement this chapter in a way that would give a …
Ind. Code § 8-1-27-23 Voluntary nature of chapter procedures
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Sec. 23. (a) Use of the procedures 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…
Ind. Code § 8-1-27-3 "Environmental compliance plan" defined
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Sec. 3. 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 Clean Air Act Amendments of 1990. As added by P.L.76-1991, SEC.1.
Ind. Code § 8-1-27-4 "Indiana coal" defined
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Sec. 4. As used in this chapter, "Indiana coal" means coal from a mine whose coal deposits are located in the ground wholly or partially in Indiana regardless of the location of the mine's tipple. As added by P.L.76-1991, SEC.1.
Ind. Code § 8-1-27-5 "Public utility" defined
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Sec. 5. 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.1.
Ind. Code § 8-1-27-5.5 "Change of fuel type" defined
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Sec. 5.5. As used in this chapter, "change of fuel type" means any change in the fuel, including a change from Indiana coal, used by a public utility. As added by P.L.92-1993, SEC.2.
Ind. Code § 8-1-27-6 Environmental compliance plan; required information
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Sec. 6. (a) A public utility that has at least one (1) generating unit affected by Section 404 (Phase I) or Section 405 (Phase II) of the Clean Air Act Amendments of 1990 may voluntarily submit a verified environmental compliance plan that sets forth the manner in which the publi…
Ind. Code § 8-1-27-7 Public hearing on plan; notice
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Sec. 7. 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…
Ind. Code § 8-1-27-8 Order approving plan; conditions
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Sec. 8. 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 the applicable requirements of the Clean Air Act Amendments of 1990; (B) consti…
Ind. Code § 8-1-27-9 Rejection of plan; modified plan; withdrawal of plan without
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prejudice Sec. 9. (a) If the commission finds that an environmental compliance plan submitted by a public utility does not satisfy the requirements of section 8 of this chapter, the commission may reject the plan. (b) If a public utility's environmental compliance plan is rejecte…
Ind. Code § 8-4-27-1 Authority for purchase
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Sec. 1. Whenever any railroad, situated partly in this state and partly in an adjoining state, shall be owned by a corporation formed by the consolidation of a railroad corporation or corporations of this state with a railroad corporation or corporations of such adjoining state, …
Ind. Code § 8-4-27-2 Acquiring corporation; certificate of articles of incorporation;
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filing; powers and duties Sec. 2. In case the whole or any part of any railroad situate within this state (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 of such railroad situat…
Ind. Code § 8-2.1-27-1 "Acceptable temperature"
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Sec. 1. As used in this chapter, "acceptable temperature" means a temperature established in a rule or regulation adopted by the Indiana department of health with respect to the storage and transportation of a particular food and enforced by the Indiana department of health or a …
Ind. Code § 8-2.1-27-2 "Health inspector"
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Sec. 2. As used in this chapter, "health inspector" refers to an agent or employee of the Indiana department of health or a local health department. As added by P.L.108-2012, SEC.1. Amended by P.L.56-2023, SEC.56.
Ind. Code § 8-2.1-27-3 "Law enforcement officer"
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Sec. 3. As used in this chapter, "law enforcement officer" means: (1) a state police officer; or (2) a state police motor carrier inspector; with authority to enforce this article. As added by P.L.108-2012, SEC.1.
Ind. Code § 8-2.1-27-4 "Local health department"
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Sec. 4. As used in this chapter, "local health department" refers to a local health department established under IC 16-20 or the health and hospital corporation created under IC 16-22-8. As added by P.L.108-2012, SEC.1.
Ind. Code § 8-2.1-27-5 "Motor vehicle for the transportation of food"
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Sec. 5. As used in this chapter, "motor vehicle for the transportation of food" means a motor vehicle that is: (1) subject to inspection under IC 8-2.1-24, including under rules prescribed under IC 8-2.1-24; and (2) engaged in the transportation of food. As added by P.L.108-2012,…
Ind. Code § 8-2.1-27-6 Compliance with applicable rules concerning transportation of
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food Sec. 6. A person may not operate a motor vehicle for the transportation of food upon a public highway unless the motor vehicle is in compliance with applicable rules adopted by the Indiana department of health concerning the transportation of food. As added by P.L.108-2012, …
Ind. Code § 8-2.1-27-7 Inspection to determine compliance; noncompliance; Class A
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infraction; inspection by law enforcement officer or health inspector; transporting food ordered disposed; Class A misdemeanor; impoundment Sec. 7. (a) A law enforcement officer may inspect a motor vehicle used to transport food to determine compliance with section 6 of this chap…
Ind. Code § 8-2.1-27-8 Immunity from civil liability
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Sec. 8. The following are not liable in a civil action for an official act done or omitted in connection with the performance of duties under this chapter: (1) An agent or employee of the department. (2) An agent or employee of the state police department. (3) An agent or employe…
Ind. Code § 8-1-2.8-1 "ADA"
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Sec. 1. As used in this chapter, "ADA" refers to the federal Americans with Disabilities Act of 1990 (47 U.S.C. 225). As added by P.L.75-1991, SEC.1.
Ind. Code § 8-1-2.8-10 Findings and declarations
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Sec. 10. The general assembly finds and declares the following: (1) That it is in the public interest of the state to promptly provide deaf, hard of hearing, or speech impaired persons with access to telecommunications services that are functionally equivalent to those provided t…
Ind. Code § 8-1-2.8-11 Residential and business lines; surcharge
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Sec. 11. Beginning on June 1, 1991, the commission shall require each LEC to impose a monthly surcharge in the amount of five cents ($0.05) on each residential and business line (or line equivalent) of its customers to fund and recover costs for developing and providing dual part…
Ind. Code § 8-1-2.8-12 Adjustment of surcharge
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Sec. 12. (a) The InTRAC may periodically apply to the commission for an adjustment in the amount of the monthly surcharge that a LEC must impose on its customers under this chapter. Before applying to the commission for such an adjustment, the InTRAC must do the following: (1) Em…
Ind. Code § 8-1-2.8-13 Approval of surcharge adjustment
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Sec. 13. Unless the commission disapproves an application by the InTRAC for a surcharge adjustment within ninety (90) days of the application, the commission shall approve the adjustment, and the LEC may charge and collect an adjusted surcharge. However, the commission may not ap…
Ind. Code § 8-1-2.8-15 Accounting and recovery of costs
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Sec. 15. All costs incurred by a LEC as a result of its compliance with the ADA requirements to provide services to deaf, hard of hearing, and speech impaired persons shall be accounted for separately and recovered as required by the ADA and the FCC. As added by P.L.75-1991, SEC.…
Ind. Code § 8-1-2.8-16 Exemption from taxes and fees
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Sec. 16. The amount of money collected by a LEC in surcharges under this chapter is exempt from all state income taxes and all fees imposed under IC 8-1-6. As added by P.L.75-1991, SEC.1.
Ind. Code § 8-1-2.8-17 Payments of surcharge
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Sec. 17. A LEC that collects a surcharge under this chapter shall pay the amount collected for the surcharge on the terms and in the manner determined under section 21(2) of this chapter to a not-for-profit corporation formed under IC 23-7-1.1 (before its repeal on August 1, 1991…
Ind. Code § 8-1-2.8-18 Articles of incorporation
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Sec. 18. The articles of incorporation of the InTRAC must provide the following: (1) The name of the corporation shall be "Indiana Telephone Relay Access Corporation for the Hearing and Speech Impaired". (2) The sole purpose for which the InTRAC shall be organized and operated is…
Ind. Code § 8-1-2.8-19 Articles of incorporation; additional provisions
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Sec. 19. The articles of incorporation of the InTRAC may contain provisions in addition to those specified in section 18 of this chapter that: (1) the members of the InTRAC provide in accordance with IC 23-7-1.1 (before its repeal on August 1, 1991) or IC 23-17; and (2) do not vi…
Ind. Code § 8-1-2.8-2 "Commission"
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Sec. 2. As used in this chapter, "commission" refers to the Indiana utility regulatory commission. As added by P.L.75-1991, SEC.1.
Ind. Code § 8-1-2.8-20 Actions in pursuit of purposes
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Sec. 20. (a) In pursuit of its purpose, the InTRAC may do the following: (1) Perform audits and tests of the accounts of a LEC to verify the amounts described in section 12 of this chapter. (2) Provide by contract dual party relay services to communications service providers oper…
Ind. Code § 8-1-2.8-21 Duties of InTRAC
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Sec. 21. The InTRAC shall do the following: (1) Establish, implement, and administer, in whole or in part, a statewide dual party relay service system. Any contract for the supply or operation of a dual party relay service system or for the supply of telecommunications devices sh…
Ind. Code § 8-1-2.8-22 Use of InTRAC services by nonmembers
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Sec. 22. If: (1) a communications service provider that is not a member of InTRAC originates, carries, or terminates, in whole or in part, any telecommunication message that uses the InTRAC's dual party relay services; and (2) refuses to: (A) enter into a contract with the InTRAC…
Ind. Code § 8-1-2.8-23 Exemption of InTRAC from commission jurisdiction; affiliated
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interests Sec. 23. (a) If the InTRAC meets the requirements of sections 18 and 21 of this chapter, the InTRAC: (1) is not a public utility; (2) is not a telephone company or a communications service provider; and (3) is free from the jurisdiction and oversight of the commission e…
Ind. Code § 8-1-2.8-24 Charitable purposes; exemptions
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Sec. 24. If the InTRAC meets the requirements of sections 18 and 21 of this chapter, the InTRAC: (1) for purposes of all taxes imposed by the state or any county or municipality in Indiana is an organization that is organized and operated exclusively for charitable purposes; and …