Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

337 chapters · 3,744 sections in this title.

3,744 sectionsFiltered byTitle 8

Ind. Code § 8-1-29-8 Referral of violations to attorney general as deceptive acts
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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…
Ind. Code § 8-4-29-1 Complaint or petition; order of department
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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…
Ind. Code § 8-4-29-2 Action against carrier
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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…
Ind. Code § 8-4-29-3 Limitation of actions
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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 …
Ind. Code § 8-4-29-4 Joinder of parties; service of process
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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…
Ind. Code § 8-4-29-5 Cumulative effect of chapter
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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…
Ind. Code § 8-23-29-1 "Study"
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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.
Ind. Code § 8-23-29-2 Contract for study
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Sec. 2. The department shall contract with a third party to study transportation infrastructure funding mechanisms. The contract must include the following terms: (1) A description of the funding mechanisms that will be studied. The funding mechanisms must include the following: …
Ind. Code § 8-23-29-3 Requirements of study
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Sec. 3. The study must do the following: (1) Review the literature of similar studies conducted in other jurisdictions. (2) Determine the costs of maintaining the transportation infrastructure designated in the contract under the rating system designated in the contract. (3) For …
Ind. Code § 8-23-29-4 Report of results of study
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Sec. 4. Not later than July 1 of each year of the study, the department shall provide the results of the study to date to the following: (1) The legislative council, in an electronic format under IC 5-14-6. (2) The governor. As added by P.L.208-2014, SEC.1. Amended by P.L.53-2014…
Ind. Code § 8-23-29-5 Payment for study
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Sec. 5. The department shall pay the amount necessary for the study out of any funds available for the purpose. As added by P.L.208-2014, SEC.1.
Ind. Code § 8-23-29-6 Implementation of voluntary pilot program
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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.
Ind. Code § 8-1-30-1 Applicability of definitions
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Sec. 1. The definitions in IC 8-1-2-1 apply throughout this chapter. As added by P.L.145-1999, SEC.7.
Ind. Code § 8-1-30-2 "Utility company" defined
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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.…
Ind. Code § 8-1-30-3 Commission review of operations
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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…
Ind. Code § 8-1-30-4 Findings of violations
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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…
Ind. Code § 8-1-30-5 Issuance of orders to provide for acquisition or appointment of
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receivers 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, afte…
Ind. Code § 8-1-30-6 Municipal requirement to sell utility property
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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…
Ind. Code § 8-23-30-1 Definitions
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Sec. 1. The following definitions apply throughout this chapter: (1) "Eligible project" means 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 ma…
Ind. Code § 8-23-30-2 Establishment of fund; budget committee review prior to
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transfers from the fund 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 genera…
Ind. Code § 8-23-30-3 Application; eligibility
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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…
Ind. Code § 8-23-30-4 Application; local unit contribution
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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.
Ind. Code § 8-23-30-5 Priority of projects
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Sec. 5. In the evaluation of an application for a grant from the fund, the department shall give preference to projects that are anticipated by the department to have the greatest regional economic significance for the region in which the local unit is located. As added by P.L.14…
Ind. Code § 8-23-30-6 Local matching amount
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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…
Ind. Code § 8-23-30-7 Allocation of grants
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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 local units located in counties having a population of less than fifty thousand (50,000). As added by P.L.146-2016, SEC.16. Amende…
Ind. Code § 8-23-30-8 Authorization to set maximum grant
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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…
Ind. Code § 8-23-30-9 Electronic availability of local asset management plans
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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 an Internet web site maintained by: (1) the department; or (2) an entity contracted by…
Ind. Code § 8-1-31-1 Applicability of definitions
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Sec. 1. The definitions in IC 8-1-2-1 apply throughout this chapter. As added by P.L.94-2000, SEC.1.
Ind. Code § 8-1-31-1.3 "Adjustment amount"
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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…
Ind. Code § 8-1-31-1.5 "Adjustment revenues"
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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.
Ind. Code § 8-1-31-10 Petition for change in initial adjustment amount
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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…
Ind. Code § 8-1-31-11 Pretax return factors
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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 …
Ind. Code § 8-1-31-11.5 Allowable recovery for municipally owned utility; factors
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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…
Ind. Code § 8-1-31-11.6 Allowable recovery for not-for-profit utility; factors
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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…
Ind. Code § 8-1-31-12 Cost of common equity
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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…
Ind. Code § 8-1-31-13 Limit on total adjustment revenues; exceptions
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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…
Ind. Code § 8-1-31-14 Adjustment amount calculation; reconciliation
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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…
Ind. Code § 8-1-31-15.5 Municipally owned utilities and not-for-profit utilities;
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resetting of adjustment amount upon approval of new basic rates and charges that include eligible infrastructure improvements 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…
Ind. Code § 8-1-31-16 Filing of petition not general increase in basic rates and
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charges 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.
Ind. Code § 8-1-31-17 Adoption of other procedures
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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.
Ind. Code § 8-1-31-2 Repealed
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As added by P.L.94-2000, SEC.1. Repealed by P.L.209-2014, SEC.3.
Ind. Code § 8-1-31-3 Repealed
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As added by P.L.94-2000, SEC.1. Repealed by P.L.209-2014, SEC.4.
Ind. Code § 8-1-31-4 Repealed
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As added by P.L.94-2000, SEC.1. Repealed by P.L.209-2014, SEC.5. IC 8-1-31-5 "Eligible infrastructure improvements" Sec. 5. As used in this chapter, "eligible infrastructure improvements" means projects that: (1) are: (A) new water or wastewater utility distribution or collection…
Ind. Code § 8-1-31-5.2 "Eligible utility"
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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…
Ind. Code § 8-1-31-5.5 "Infrastructure improvement costs"
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Sec. 5.5. As used in this chapter, "infrastructure improvement costs" means the following: (1) For a public utility: (A) depreciation expenses; (B) property taxes to be paid by the public utility based upon the first assessment date following placement in service; and (C) pretax …
Ind. Code § 8-1-31-5.9 "Not-for-profit utility"
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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.
Ind. Code § 8-1-31-6 "Pretax return"
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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…
Ind. Code § 8-1-31-7 Repealed
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As added by P.L.94-2000, SEC.1. Repealed by P.L.212-2015, SEC.7.
Ind. Code § 8-1-31-8 Petition by eligible utility for rate adjustment
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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…
Ind. Code § 8-1-31-9 Hearing and order; incorrect calculation of adjustment
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amount; authority of commission to provide correct calculation 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 eligi…