Title 8, TITLE 8. UTILITIES AND TRANSPORTATION
337 chapters · 3,744 sections in this title.
Ind. Code § 8-22-3.7-14 Leases; authority approval of plans and specifications of
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project Sec. 14. If the lease provides for an airport project or improvements to an airport project to be constructed by the development authority, the plans and specifications shall be submitted to and approved by the authority. As added by P.L.108-1993, SEC.11.
Ind. Code § 8-22-3.7-15 Party walls; easements; licenses
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Sec. 15. The development authority and the authority may enter into common wall (party wall) agreements or other agreements concerning easements or licenses. These agreements shall be recorded with the recorder of the county. As added by P.L.108-1993, SEC.11.
Ind. Code § 8-22-3.7-16 Sales or leases of projects to development authority
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Sec. 16. (a) The authority may lease for a nominal lease rental or sell to the development authority one (1) or more airport projects or portions of airport projects or land upon which an airport project is located or is to be constructed. (b) Any lease of all or a portion of an …
Ind. Code § 8-22-3.7-17 Bond issues
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Sec. 17. (a) The development authority may issue bonds for the purpose of obtaining money to pay the cost of: (1) acquiring property; (2) constructing, improving, reconstructing, or renovating one (1) or more airport projects; or (3) funding or refunding bonds issued under this c…
Ind. Code § 8-22-3.7-18 Law governing issuance; bonds as legal investment
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Sec. 18. (a) This chapter contains full and complete authority for the issuance of bonds. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the board of any other officer, department, agency, or instrumentality of the state or of any p…
Ind. Code § 8-22-3.7-19 Trust indentures securing bonds
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Sec. 19. (a) The development authority may secure bonds issued under this chapter by a trust indenture between the development authority and a corporate trustee, which may be any trust company or national or state bank within Indiana that has trust powers. (b) The trust indenture…
Ind. Code § 8-22-3.7-2 "Bonds"
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Sec. 2. As used in this chapter, "bonds" means bonds, notes, or other evidences of indebtedness issued by the development authority. As added by P.L.108-1993, SEC.11.
Ind. Code § 8-22-3.7-20 Bonds issued upon exercise of option to purchase
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Sec. 20. If the authority exercises its option to purchase leased property, it may issue its bonds authorized by statute. As added by P.L.108-1993, SEC.11.
Ind. Code § 8-22-3.7-21 Exemptions from taxation
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Sec. 21. (a) All: (1) property owned by the development authority; (2) revenues of the development authority; and (3) bonds issued by the development authority, the interest on the bonds, the proceeds received by a holder from the sale of bonds to the extent of the holder's cost …
Ind. Code § 8-22-3.7-22 Actions to contest validity of bonds; conditions
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Sec. 22. Any action to contest the validity of bonds to be issued under this chapter may not be brought after: (1) fifteen (15) days following the receipt of bids for the bonds, if the bonds are sold at public sale; or (2) the time limitations set forth in IC 5-1-14-13. As added …
Ind. Code § 8-22-3.7-23 Impairment of bondholder rights
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Sec. 23. The general assembly covenants that it will not: (1) repeal or amend this chapter, IC 8-22-3.5, or IC 8-22-3.6 in a manner that would adversely affect owners of outstanding bonds, or payment of any lease rentals, secured by the revenues pledged under this chapter, IC 8-2…
Ind. Code § 8-22-3.7-24 Financing powers as public purpose
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Sec. 24. This provision of alternative financing power to eligible entities, development authorities, and authorities in order to finance airport projects is a public purpose. As added by P.L.108-1993, SEC.11.
Ind. Code § 8-22-3.7-25 Supplemental nature of chapter
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Sec. 25. This chapter is supplemental to other statutes and does not supersede any other provisions of the Indiana Code. As added by P.L.108-1993, SEC.11.
Ind. Code § 8-22-3.7-3 "Development authority"
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Sec. 3. As used in this chapter, "development authority" refers to an airport development authority created by this chapter. As added by P.L.108-1993, SEC.11.
Ind. Code § 8-22-3.7-4 "Development board"
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Sec. 4. As used in this chapter, "development board" refers to the board of directors of a development authority. As added by P.L.108-1993, SEC.11.
Ind. Code § 8-22-3.7-4.5 "Eligible entity"
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Sec. 4.5. Notwithstanding IC 8-22-1-6, as used in this chapter, "eligible entity" means the following: (1) A city having a population of more than sixty-nine thousand (69,000) and less than sixty-nine thousand five hundred (69,500). (2) A county having a population of more than o…
Ind. Code § 8-22-3.7-5 Creation of authority
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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…
Ind. Code § 8-22-3.7-6 Development board; membership; term; removal; oath
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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…
Ind. Code § 8-22-3.7-7 Meetings; quorum
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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…
Ind. Code § 8-22-3.7-9 Purposes of authority
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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…
Ind. Code § 8-1-38-1 "Electric transmission facility"
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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…
Ind. Code § 8-1-38-10 Contract between incumbent and new electric transmission
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owners; jurisdiction of commission 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 …
Ind. Code § 8-1-38-11 Existing property rights
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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.
Ind. Code § 8-1-38-2 "Incumbent electric transmission owner"
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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.
Ind. Code § 8-1-38-3 Repealed
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As added by P.L.174-2013, SEC.1. Repealed by P.L.145-2023, SEC.2.
Ind. Code § 8-1-38-4 "New electric transmission owner"
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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…
Ind. Code § 8-1-38-5 "Public utility"
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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.
Ind. Code § 8-1-38-6 "Regional transmission organization"
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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.
Ind. Code § 8-1-38-7 Authority to operate; findings
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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…
Ind. Code § 8-1-38-8 Notice of construction
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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.
Ind. Code § 8-1-38-9 Construction, ownership, operation, maintenance, and upgrade
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of electric transmission facilities; right of first refusal 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 …
Ind. Code § 8-1-39-1 Application of definitions in IC 8-1-2-1
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Sec. 1. The definitions in IC 8-1-2-1 apply throughout this chapter. As added by P.L.133-2013, SEC.5.
Ind. Code § 8-1-39-10 Petition for approval of TDSIC plan; notice, hearing, and
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order; approval and authorization of TDSIC treatment; targeted economic development projects; termination of existing plan Sec. 10. (a) A public utility shall petition the commission for approval of the public utility's TDSIC plan for eligible transmission, distribution, and stor…
Ind. Code § 8-1-39-11 Extension of gas or electric service to targeted economic
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development project; approval by Indiana economic development corporation of costs as TDSIC costs; rural gas service 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 serv…
Ind. Code § 8-1-39-12 Commission hearing and order on TDSIC petition;
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examination by utility consumer counselor and intervenors; new projects or improvements 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 t…
Ind. Code § 8-1-39-13 Determination of pretax return
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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…
Ind. Code § 8-1-39-15 Revised rate schedule following general increase in rates and
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charges 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…
Ind. Code § 8-1-39-16 Exclusions from general increase in basic rates and charges
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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, …
Ind. Code § 8-1-39-17 Adoption of rules
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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 a TDSIC. As added by P.L.133-2013, SEC.5.
Ind. Code § 8-1-39-2 "Eligible transmission, distribution, and storage system
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improvements" 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,…
Ind. Code § 8-1-39-3 "Pretax return"
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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…
Ind. Code § 8-1-39-4 "Public utility"
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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.…
Ind. Code § 8-1-39-5 "Targeted economic development project"
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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.
Ind. Code § 8-1-39-6 "TDSIC"
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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.
Ind. Code § 8-1-39-7 "TDSIC costs"
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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…
Ind. Code § 8-1-39-7.8 "TDSIC plan"
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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-…
Ind. Code § 8-1-39-9 Petition for TDSIC; annual plan update; recovery and deferral
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of TDSIC costs; limits on timing of petitions 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 uti…
Ind. Code § 8-1-40-1 "Commission"
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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.
Ind. Code § 8-1-40-10 Availability of electricity supplier's net metering tariff;
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aggregate net metering facility nameplate capacity under tariff 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…
Ind. Code § 8-1-40-11 Changes to net metering tariffs prohibited before July 1, 2047;
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expiration of net metering tariffs after June 30, 2022 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…