Title 8, UTILITIES AND TRANSPORTATION

Sec. 15. The commission may review any project approved under this chapter to determine that the project continues to comply with the commission's order initially approving incentives under this chapter. The commission may revoke any incentive approved in the order if the commiss…

Sec. 2. As used in this chapter, "clean energy projects" means any of the following: (1) Any of the following projects: (A) Projects at new energy production or generating facilities that employ the use of clean coal technology and that produce energy, including substitute natura…

Sec. 3. As used in this chapter, "clean coal technology" means a technology (including precombustion treatment of coal): (1) that is used in a new or existing energy production or generating facility and directly or indirectly reduces or avoids airborne emissions of sulfur, mercu…

Sec. 4. As used in this chapter, "coal gasification facility" means a facility in Indiana that uses a manufacturing process that converts coal into a clean gas that can be used: (1) as a fuel to generate energy; or (2) as substitute natural gas. As added by P.L.159-2002, SEC.6. A…

Sec. 5. As used in this chapter, "costs associated with qualified utility system property" means capital, operation, maintenance, depreciation, tax costs, and financing costs of or for qualified utility system property. As added by P.L.159-2002, SEC.6.

Sec. 6. As used in this chapter, "eligible business" means a business that is an energy utility (as defined in IC 8-1-2.5-2), a joint agency (as defined in IC 8-1-2.2-2), or an owner of a coal gasification facility and that: (1) proposes to construct or repower a new energy produ…

Sec. 7. As used in this chapter, "group" refers to the forecasting group established by IC 8-1-8.5-3.5. As added by P.L.159-2002, SEC.6.

Sec. 8. (a) As used in this chapter, "new energy production or generating facility" refers to a generation or coal gasification facility that satisfies all of the following: (1) The facility produces energy primarily from coal or gases from coal from the geological formation know…

Sec. 8.5. (a) As used in this chapter, "nuclear energy production or generating facility" means: (1) an energy production or generation facility that: (A) uses a nuclear reactor as its heat source to provide steam to a turbine generator to produce or generate electricity; (B) sup…

Sec. 8.7. As used in this chapter, "qualified utility system expenses" means the costs associated with the study, analysis, or development of a life cycle management project for a nuclear energy production or generating facility. As added by P.L.150-2011, SEC.8.

Sec. 9. As used in this chapter, "qualified utility system property" means any: (1) new energy production or generating facility; or (2) nuclear energy production or generating facility; used, or to be used, in whole or in part, by an energy utility to provide retail energy servi…

Sec. 0.3. The general assembly finds the following: (1) The development of coal gasification facilities in Indiana that would use local coal resources for the production of substitute natural gas is in the public interest for purposes of: (A) reducing the reliance of Indiana ener…

Sec. 1. (a) As used in this chapter, "assignee" means any individual, corporation, or other legal entity to which an SNG property interest is transferred. (b) The term includes an assignee of a person described in subsection (a). As added by P.L.175-2007, SEC.21.

Sec. 10. As used in this chapter, "SNG seller" means any individual, corporation, or other legal entity that engages in the production and sale of substitute natural gas. As added by P.L.175-2007, SEC.21.

Sec. 11. (a) Notwithstanding any other law, the commission may, in accordance with this chapter and IC 8-1-2-42.1, issue a qualified order that: (1) approves the terms of a qualified contract; and (2) authorizes the recovery of qualified costs by an energy utility from its custom…

Sec. 12. (a) An SNG property interest, including any right to future purchases of substitute natural gas during the term of a qualified contract, constitutes a present property right. (b) Qualified costs recovered by an energy utility under a qualified order constitute proceeds o…

Sec. 13. (a) An energy utility may assign an SNG property interest to an assignee, including: (1) another party to the qualified contract; or (2) a financing entity. An assignee may in turn assign an SNG property interest to a financing entity that provides financing to the assig…

Sec. 14. The interests of an assignee in: (1) an SNG property interest transferred to the assignee under section 13 of this chapter; and (2) any revenues or collections arising from the SNG property interest transferred; are not subject to setoff by the energy utility that transf…

Sec. 15. (a) If an agreement by an energy utility or an assignee to assign an SNG property interest expressly states that the assignment is a sale or is otherwise an absolute transfer: (1) the resulting transaction: (A) is a true sale; and (B) is not a secured transaction; and (2…

Sec. 16. (a) An SNG property interest does not constitute an account or a general intangible under IC 26-1-9.1-102. The creation, granting, perfection, and enforcement of liens and security interests in SNG property interests are governed by this chapter and not by IC 26-1-9.1. (…

Sec. 17. An assignee or a financing party is not considered an energy utility solely by virtue of its participation in any transaction described in this chapter. As added by P.L.175-2007, SEC.21.

Sec. 18. Any entity that becomes a successor to an energy utility as the result of: (1) any bankruptcy, reorganization, or other insolvency proceeding; (2) any merger, sale, or transfer involving the energy utility; or (3) the operation of law; or for any other reason, shall perf…

Sec. 19. An SNG seller that is an assignee may contract with the energy utility, in the qualified contract or in another contract, for the performance of services related to the sale of substitute natural gas under the qualified contract, including: (1) the transportation and dis…

Sec. 2. 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.175-2007, SEC.21.

Sec. 20. If an energy utility makes a true sale of an SNG property interest to an SNG seller under section 15 of this chapter, the SNG seller: (1) retains title to all substitute natural gas distributed by the energy utility to the energy utility's retail end use customers; (2) i…

Sec. 3. As used in this chapter, "energy utility" has the meaning set forth in IC 8-1-2.5-2. As added by P.L.175-2007, SEC.21.

Sec. 4. As used in this chapter, "financing entity" means a person that provides: (1) equity financing; or (2) debt financing; that is secured by an SNG property interest. As added by P.L.175-2007, SEC.21.

Sec. 5. As used in this chapter, "qualified contract" means a contract with a term of at least thirty (30) years for the sale of substitute natural gas to an energy utility. As added by P.L.175-2007, SEC.21.

Sec. 6. As used in this chapter, "qualified cost" means any cost incurred by an energy utility in purchasing substitute natural gas under a qualified contract. As added by P.L.175-2007, SEC.21.

Sec. 7. As used in this chapter, "qualified order" means a final and irrevocable order that: (1) is issued by the commission; and (2) approves a qualified contract adopted in accordance with this chapter and IC 8-1-2-42.1. As added by P.L.175-2007, SEC.21.

Sec. 8. As used in this chapter, "substitute natural gas" or "SNG" has the meaning set forth in IC 8-1-2-42.1(a). As added by P.L.175-2007, SEC.21.

Sec. 9. As used in this chapter, "SNG property interest" means the right, title, and interest that: (1) are held by an energy utility or its assignee; (2) are created by a qualified order; and (3) entitle the energy utility or its assignee to recover qualified costs under IC 8-1-…

Sec. 0.1. It is the intent of the general assembly that this chapter applies only to a contract for the delivery of a project of the department. This chapter does not apply to a contract for the delivery of a project of a public agency (as defined in IC 5-30-1-11). As added by P.…

Sec. 1. (a) This chapter authorizes the department to enter into a contract for delivery of certain projects by a construction manager general contractor or a progressive design-builder. (b) The department may adopt rules under IC 4-22-2 to implement this chapter. (c) This chapte…

Sec. 10. As used in this chapter, "PDB" or "progressive design-builder" refers to a person that has been awarded a contract by the department in which design services, preconstruction services, and construction services of a project are procured from a person that is selected thr…

Sec. 11. (a) As used in this chapter, "project" means services provided using a two-phase contract with a CMGC or a PDB for preconstruction services and construction services to design, construct, alter, or repair: (1) a state highway; (2) a limited access facility (as defined in…

Sec. 12. As used in this chapter, "proposal" means an offer by a CMGC or PDB to enter into a contract with the department in response to a request for proposals by the department under section 16 of this chapter. As added by P.L.60-2023, SEC.2.

Sec. 13. As used in this chapter, "selection panel" means a panel of individuals who are: (1) employed by the department; and (2) tasked with interviewing and scoring the three (3) proposals with the highest scores selected by the evaluation committee for a possible contract with…

Sec. 14. As used in this chapter, "request for proposals" refers to the process by which the department solicits persons to provide services as a CMGC or PDB under this chapter. As added by P.L.60-2023, SEC.2.

Sec. 15. A person may submit a proposal to answer a request for proposals to provide services as a CMGC or a PDB to the department for a project if the person is qualified by the department in compliance with IC 8-23-10. As added by P.L.60-2023, SEC.2.

Sec. 16. (a) The department shall issue a request for proposals to enter into a contract for services by a CMGC or a PDB for a project under this chapter. (b) A request for proposals must include the following: (1) A description of the project. (2) An estimate of the cost of the …

Sec. 17. (a) Before entering into a contract under this chapter, the department must appoint an evaluation committee. (b) The evaluation committee shall rank the proposals submitted to the department by assigning a score to each proposal based on the evaluation criteria specified…

Sec. 18. (a) Upon approval of the final scoring of the CMGCs or the PDBs by the commissioner, the department shall enter into negotiations with the CMGC or PDB with the highest score as determined under section 17 of this chapter for a contract. (b) If the department is unable to…

Sec. 19. A contract may be conditional upon subsequent refinements in scope and price and may permit the department to make changes to the scope of the project without invalidating the contract. As added by P.L.60-2023, SEC.2.

Sec. 2. As used in this chapter, "CMGC" or "construction manager general contractor" means a person that is awarded a two-phase contract for a project and is responsible for providing: (1) preconstruction services under phase one; and (2) if a price agreement is reached, construc…

Sec. 20. (a) A CMGC or PDB may not replace a person identified as a person with which the CMGC or PDB proposes to enter into a subcontract for services under a contract without: (1) the approval of the department; and (2) a written determination by the department that a legitimat…