Title 8, UTILITIES AND TRANSPORTATION

Sec. 5. A "__________ Airport Development Authority" (the blank to be filled in with the name of the eligible entity) may be created by an eligible entity as a separate body corporate and politic and as an instrumentality of the eligible entity to finance airport projects for lea…

Sec. 6. (a) The development board is composed of three (3) members, who must be residents of the eligible entity. The members of a development board for a development authority established by an eligible entity described in section 4.5(1) of this chapter are appointed by the exec…

Sec. 7. (a) Immediately after January 15 of each year, the development board shall hold an organizational meeting. It shall elect one (1) of the members of the development board president, another vice president, and another secretary-treasurer to perform the duties of those offi…

Sec. 8. The development board may adopt the bylaws and rules that it considers necessary for the proper conduct of its duties and the safeguarding of the funds and property entrusted to its care. As added by P.L.108-1993, SEC.11.

Sec. 9. The development authority is organized for the following purposes: (1) Financing, constructing, and leasing airport projects to the authority. (2) Financing and constructing additional improvements to airport projects owned by the development authority and leasing them to…

Sec. 1. (a) As used in this chapter, "electric transmission facility" means a high voltage transmission line with a rating of at least one hundred (100) kilovolts and related transmission facilities and controls. (b) The term does not include a line installed solely for the purpo…

Sec. 10. (a) An incumbent electric transmission owner may enter into a contract with a new electric transmission owner that proposes to connect a new electric transmission facility to the electric transmission facility of the incumbent electric transmission owner. The contract ma…

Sec. 11. This chapter does not affect an incumbent electric transmission owner's use and control of existing property rights. As added by P.L.174-2013, SEC.1.

Sec. 2. As used in this chapter, "incumbent electric transmission owner" means a public utility that owns, operates, and maintains an electric transmission facility in whole or in part in Indiana. As added by P.L.174-2013, SEC.1.

Sec. 4. As used in this chapter, "new electric transmission owner" means a corporation, company, partnership, limited liability company, or other organization that: (1) on the date of its incorporation or organization, does not own, operate, or maintain an electric transmission f…

Sec. 5. As used in this chapter, "public utility" has the meaning set forth in IC 8-1-8.5-1. As added by P.L.174-2013, SEC.1.

Sec. 6. As used in this chapter, "regional transmission organization" refers to a regional transmission organization approved by the Federal Energy Regulatory Commission. As added by P.L.174-2013, SEC.1.

Sec. 7. (a) The commission shall grant a new electric transmission owner authority to operate as a public utility in Indiana if the commission makes the following findings: (1) The new electric transmission owner has the financial, managerial, and technical capability to construc…

Sec. 8. A new electric transmission owner shall notify the commission in a timely manner of the dates on which construction of the new electric transmission facility began and was completed. As added by P.L.174-2013, SEC.1.

Sec. 9. (a) An incumbent electric transmission owner has the right to construct, own, operate, and maintain the following: (1) An electric transmission facility that has been approved for construction through a regional transmission organization planning process and that connects…

Sec. 1. The definitions in IC 8-1-2-1 apply throughout this chapter. As added by P.L.133-2013, SEC.5.

Sec. 1.1. As used in this chapter, "advanced transmission technologies" means software or hardware technologies that increase the capacity, efficiency, reliability, or safety of an existing or new electric transmission facility, including: (1) grid enhancing technologies, such as…

Sec. 10. (a) A public utility shall petition the commission for approval of the public utility's TDSIC plan for eligible transmission, distribution, and storage improvements. A plan submitted under this subsection may include for approval a targeted economic development project d…

Sec. 11. (a) The extension, construction, addition, or improvement of the plant and equipment of a public utility that is installed to provide gas or electric service to a targeted economic development project is used and useful in the public service. (b) A public utility shall a…

Sec. 12. (a) Not more than one hundred twenty (120) days after a public utility files a petition under section 9 of this chapter, the commission shall conduct a hearing and issue an order on the petition. (b) Not more than sixty (60) days after a public utility files a petition u…

Sec. 13. (a) For purposes of calculating the TDSIC costs of a public utility, the commission shall determine an appropriate pretax return for the public utility. In determining the appropriate pretax return, the commission may consider the following factors: (1) The current state…

Sec. 14. (a) The commission may not approve a TDSIC that would result in an average aggregate increase in a public utility's total retail revenues of more than two percent (2%) in a twelve (12) month period. For purposes of this subsection, a public utility's total retail revenue…

Sec. 15. A public utility that has implemented a TDSIC under this chapter shall file revised rate schedules resetting the charge if new basic rates and charges become effective for the public utility following a commission order authorizing a general increase in rates and charges…

Sec. 16. (a) For purposes of this chapter, the following are not a general increase in basic rates and charges under IC 8-1-2-42(a): (1) The filing of a TDSIC. (2) A change in a TDSIC. (3) The deferral of depreciation expenses, operation and maintenance expenses, property taxes, …

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 a TDSIC. As added by P.L.133-2013, SEC.5.

Sec. 2. (a) As used in this chapter, "eligible transmission, distribution, and storage system improvements" means new or replacement electric or gas transmission, distribution, or storage utility projects that: (1) a public utility undertakes for purposes of safety, reliability, …

Sec. 3. As used in this chapter, "pretax return" means the TDSIC revenues necessary to: (1) produce net operating income equal to the public utility's weighted cost of capital multiplied by investments in eligible transmission, distribution, and storage system improvements; (2) p…

Sec. 4. As used in this chapter, "public utility" means: (1) an energy utility (as defined in IC 8-1-2.5-2); (2) a municipally owned utility (as defined in IC 8-1-2-1(h)); or (3) a department of public utilities created by IC 8-1-11.1. As added by P.L.133-2013, SEC.5.…

Sec. 5. As used in this chapter, "targeted economic development project" means a project approved by the commission under section 10(c) of this chapter. As added by P.L.133-2013, SEC.5.

Sec. 6. As used in this chapter, "TDSIC" refers to a transmission, distribution, and storage system improvement charge. As added by P.L.133-2013, SEC.5.

Sec. 7. As used in this chapter, "TDSIC costs" means the following costs incurred with respect to eligible transmission, distribution, and storage system improvements incurred both while the improvements are under construction and post in service: (1) Depreciation expenses. (2) O…

Sec. 7.8. As used in this chapter, "TDSIC plan", or plan, means a public utility's plan for eligible transmission, distribution, and storage system improvements over the course of a period of: (1) at least five (5) years; and (2) not more than seven (7) years. As added by P.L.89-…

Sec. 8. As used in this chapter, "TDSIC revenues" means revenues produced through a TDSIC and excluding revenues from all other rates and charges. As added by P.L.133-2013, SEC.5.

Sec. 9. (a) Subject to subsection (d), a public utility that provides electric or gas utility service may file with the commission rate schedules establishing a TDSIC that will allow the periodic automatic adjustment of the public utility's basic rates and charges to provide for …

Sec. 1. As used in this chapter, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2. As added by P.L.264-2017, SEC.6.

Sec. 10. Subject to sections 13 and 14 of this chapter, a net metering tariff of an electricity supplier must remain available to the electricity supplier's customers until the earlier of the following: (1) January 1 of the first calendar year after the calendar year in which the…

Sec. 11. (a) Except as provided in sections 12 and 21(b) of this chapter, before July 1, 2047: (1) an electricity supplier may not seek to change the terms and conditions of the electricity supplier's net metering tariff; and (2) the commission may not approve changes to an elect…

Sec. 12. Before January 1, 2018, the commission shall amend 170 IAC 4-4.2-4, and an electricity supplier shall amend the electricity supplier's net metering tariff, to do the following: (1) Increase the allowed limit on the aggregate amount of net metering facility nameplate capa…

Sec. 13. (a) This section applies to a customer that installs a net metering facility (as defined in 170 IAC 4-4.2-1(k)) on the customer's premises: (1) after December 31, 2017; and (2) before the date on which the net metering tariff of the customer's electricity supplier termin…

Sec. 14. (a) This section applies to a customer that installs a net metering facility (as defined in 170 IAC 4-4.2-1(k)) on the customer's premises before January 1, 2018. (b) A customer that is participating in an electricity supplier's net metering tariff on December 31, 2017, …

Sec. 15. An electricity supplier shall procure the excess distributed generation produced by a customer at a rate approved by the commission under section 17 of this chapter. Amounts credited to a customer by an electricity supplier for excess distributed generation shall be reco…

Sec. 16. Not later than March 1, 2021, an electricity supplier shall file with the commission a petition requesting a rate for the procurement of excess distributed generation by the electricity supplier. After an electricity supplier's initial rate for excess distributed generat…

Sec. 17. The commission shall review a petition filed under section 16 of this chapter by an electricity supplier and, after notice and a public hearing, shall approve a rate to be credited to participating customers by the electricity supplier for excess distributed generation i…

Sec. 18. An electricity supplier shall compensate a customer from whom the electricity supplier procures excess distributed generation (at the rate approved by the commission under section 17 of this chapter) through a credit on the customer's monthly bill. Any excess credit shal…

Sec. 19. (a) To ensure that customers that produce distributed generation are properly charged for the costs of the electricity delivery system through which an electricity supplier: (1) provides retail electric service to those customers; and (2) procures excess distributed gene…