Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

bond or equivalent security; required posting increments; adjustment of bond or security after periodic reevaluation of decommissioning costs; costs to be net of estimated salvage value; project owner's notice of intent to decommission CSE system; ground restoration; project owne…

abandonment; required removal of project assets; project owner's failure to remove assets; removal of assets by permit authority; recovery of costs Sec. 19. (a) If a CSE system installed in a unit does not generate electricity for eighteen (18) consecutive months: (1) the CSE sys…

Sec. 2. (a) As used in this chapter, "commercial solar energy system", or "CSE system", means a system that: (1) has a nameplate capacity of at least ten (10) megawatts; and (2) captures and converts solar energy into electricity: (A) for the purpose of selling the electricity at…

project owner's notice to permit authority; failure to resume operations; presumed abandonment; project owner's failure to remove assets; removal of assets by permit authority; recovery of costs Sec. 20. (a) As used in this section, "force majeure event" includes the following: (…

Sec. 3. As used in this chapter, "commercial solar regulation" refers to any ordinance or regulation, including any: (1) zoning or land use ordinance or regulation; or (2) general or specific planning ordinance or regulation; that is adopted by a unit and that concerns the permit…

Sec. 4. As used in this chapter, "dwelling" means any building, structure, or part of a building or structure that is occupied as, or is designed or intended for occupancy as, a residence by one (1) or more families or individuals. As added by P.L.90-2022, SEC.2.

Sec. 5. (a) As used in this chapter, "nonparticipating property" means a lot or parcel of real property: (1) that is not owned by a project owner; and (2) with respect to which: (A) the project owner does not seek: (i) to install or locate one (1) or more CSE systems or other fac…

Sec. 6. (a) As used in this chapter, "permit authority" means: (1) a unit; or (2) a board, a commission, or any other governing body of a unit; that makes legislative or administrative decisions concerning the permitting, construction, installation, siting, modification, operatio…

Sec. 7. (a) As used in this chapter, "project owner" means a person that: (1) will own one (1) or more CSE systems proposed to be located in a unit; or (2) owns one (1) or more CSE systems located in a unit. (b) The term includes an agent or a representative of a person described…

Sec. 8. (a) As used in this chapter, "unit" refers to: (1) a county, if a project owner, as part of a single CSE system project or development, seeks to locate one (1) or more CSE systems: (A) entirely within unincorporated areas of the county; (B) within both unincorporated area…

standards; authority to adopt less restrictive standards or to waive or make less restrictive existing standards; unit's planning and zoning powers not affected Sec. 9. (a) A permit authority for a unit described in section 1(a) of this chapter is responsible for enforcing compli…

Sec. 1. (a) As used in this chapter, "charging infrastructure" means: (1) structures; (2) machinery; (3) equipment; (4) hardware; (5) software; and (6) other capital investments; installed to support and charge one (1) or more electric vehicles. (b) The term includes Level 2 char…

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.94-2022, SEC.4.

Sec. 3. As used in this chapter, "electric utility" means a public utility (as defined in IC 8-1-2-1(a)) that: (1) furnishes retail electric service to customers in Indiana; and (2) is under the jurisdiction of the commission for the approval of rates and charges. As added by P.L…

Sec. 4. (a) As used in this chapter, "electric vehicle", or "EV", means a vehicle that employs electrical energy as a primary or secondary mode of propulsion. (b) The term includes: (1) all-electric vehicles; and (2) plug-in hybrid electric vehicles. As added by P.L.94-2022, SEC.…

Sec. 5. As used in this chapter, "make-ready infrastructure" means the: (1) structures; (2) machinery; (3) equipment; (4) hardware; (5) software; (6) storage batteries; and (7) other capital investments; installed to connect charging infrastructure to an electric utility's distri…

Sec. 6. (a) As used in this chapter, "public use electric vehicle", or "public use EV", means any of the following electric vehicles that is used primarily to serve the public, regardless of whether the electric vehicle (or any associated charging infrastructure) is owned, leased…

Sec. 7. As used in this chapter, "public use electric vehicle pilot program", or "pilot program", means a limited deployment of: (1) charging infrastructure; or (2) make-ready infrastructure; that is designed to evaluate the feasibility and design, including the associated costs …

approval; requirements; request for recovery or deferral of capital costs; process for pilot program request; factors to be considered by commission; investments outside of pilot program request Sec. 8. (a) An electric utility may request approval from the commission to implement…

Sec. 9. The commission shall adopt rules under IC 4-22-2 to implement this chapter. In adopting rules under this section, the commission may adopt emergency rules in the manner provided by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted by the commiss…

other than city or town; time of test; rules Sec. 1. Within thirty (30) days before the date that the authority to supply piped drinking water is transferred from a city or town to a person other than a city or town, the Indiana department of health shall conduct a test to determ…

Sec. 2. After August 31, 1981, if the authority to supply piped drinking water is transferred from a city or town to a person other than a city or town, the piped drinking water must, at the time of transfer, be at least equal in quality to the water tested under section 1 of thi…

Sec. 3. A person, other than a city or town, to whom the authority to supply piped drinking water is transferred from a city or town, shall maintain, to the extent practicable and reasonable, the quality of water required at the time of transfer of such authority, under section 2…

Sec. 4. A person who supplies drinking water that does not comply with section 2 of this chapter commits a Class B infraction for each day he is in violation. As added by Acts 1981, P.L.105, SEC.1.

Sec. 1. It shall be unlawful for a railroad corporation to permit any train, railroad car or engine to obstruct public travel at a railroad-highway grade crossing for a period in excess of ten (10) minutes, except where such train, railroad car or engine cannot be moved by reason…

Sec. 2. It shall be unlawful for a railroad corporation to permit successive train movements to obstruct vehicular traffic at a railroad-highway grade crossing until all vehicular traffic previously delayed by such train movements has been cleared or a period of five (5) minutes …

rail service fund Sec. 3. (a) A railroad corporation that violates this chapter commits a Class C infraction. The minimum judgment that may be entered for a Class C infraction under this section is two hundred dollars ($200). (b) Notwithstanding IC 34-28-5-5(c), funds collected a…

As added by P.L.162-2015, SEC.2. Expired 12-31-2015 by P.L.162-2015, SEC.2.

Formerly: Acts 1972, P.L.64, SEC.1. As amended by P.L.103-2001, SEC.1; P.L.2-2013, SEC.1. Repealed by P.L.198-2016, SEC.63.

As added by P.L.2-2013, SEC.2. Amended by P.L.205-2014, SEC.1. Repealed by P.L.198-2016, SEC.64.

Sec. 1.5. The following definitions apply throughout this chapter: (1) "Field side" means the side of a rail pointing away from a track. (2) "Maximum authorized speed limit" means the maximum speed limit authorized under Federal Railroad Administration track classifications and s…

Formerly: Acts 1972, P.L.64, SEC.1. As amended by P.L.103-2001, SEC.2; P.L.2-2013, SEC.3. Repealed by P.L.198-2016, SEC.66.

Sec. 2.1. A railroad that violates section 3 or 4 of this chapter is subject to a civil penalty of one hundred dollars ($100) for each day the violation continues. The maximum penalty under this section is five thousand dollars ($5,000). The Indiana department of transportation m…

Sec. 3. (a) A railroad shall provide and maintain within the railroad's right-of-way an unobstructed view in each quadrant of a public rail-highway grade crossing that is under the control of the railroad to the following specifications: (1) From the centerline of the highway, st…

Sec. 4. (a) A railroad shall provide and maintain within the railroad's right-of-way an unobstructed view in each quadrant of a public rail-highway crossing that is under the control of the railroad as follows: (1) If the crossing is equipped with a passive warning device, as fol…

Sec. 1. The term "grade crossing" as used in this chapter means a crossing of any railroad and any public highway, street or roadway, at grade. Formerly: Acts 1973, P.L.66, SEC.1.

Sec. 1.1. As used in this chapter, "person" means an individual, a firm, a limited liability company, a corporation, an association, a fiduciary, or a governmental entity. As added by P.L.198-2016, SEC.70.

Sec. 2. The Indiana department of transportation, in authorizing the construction of any new grade crossing under IC 8-6-1-7 and section 3.4 of this chapter, may order the installation of automatic train-activated warning signals at the crossing. The department may order the inst…

Sec. 3. The Indiana department of transportation may order legally closed and abolished as a public way, within the limits of a railroad right-of-way, any grade crossing then in existence at the time the department assumes jurisdiction of the matter: (1) upon a finding that the e…

applying criteria Sec. 3.1. (a) The Indiana department of transportation shall adopt rules under IC 4-22-2 specifying criteria for: (1) the department to use in determining whether to open a new public railroad grade crossing; and (2) the department or a unit (as defined in IC 36…

findings by unit Sec. 3.2. (a) A person may petition a unit (as defined in IC 36-1-2-23) under whose jurisdiction a public railroad crossing lies for the closure of a public railroad crossing. The unit shall conduct a public hearing on the petition not more than sixty (60) days a…

Sec. 3.4. If the Indiana department of transportation, upon receiving a petition to open a crossing, finds: (1) that the proposed crossing meets the criteria required to open a new grade crossing adopted by the department under section 3.1 of this chapter; or (2) that a compellin…

Sec. 4. (a) The Indiana department of transportation, whenever it orders the construction, installation, replacement, relocation, modernization, or improvement of automatic train-activated warning signals, may prescribe the division of the costs of the equipment, the installation…

for work Sec. 5. (a) Orders of the Indiana department of transportation relating to automatic train-activated warning signals and to the closing of grade crossings may be issued: (1) on the department's own initiative; (2) upon petition of a governing body or authorized official …

Formerly: Acts 1973, P.L.66, SEC.1. Repealed by Acts 1979, P.L.88, SEC.2.

Sec. 6.1. (a) The railroad grade crossing fund is created. (b) The railroad grade crossing fund may be used by the Indiana department of transportation for the following purposes: (1) To carry out the provisions of this chapter. (2) For passive railroad crossing safety improvemen…

As added by Acts 1980, P.L.74, SEC.65. Repealed by Acts 1981, P.L.41, SEC.75.

Sec. 1. As used in this chapter, "commission" refers to the Indiana utility regulatory commission established by IC 8-1-1-2. As added by P.L.94-1993, SEC.1.

Sec. 2. The commission shall determine, based on the preponderance of evidence in the scientific literature, whether rules are necessary to protect the public health from electric and magnetic fields. As added by P.L.94-1993, SEC.1.

Sec. 3. If the commission determines under section 2 of this chapter that rules are necessary, the commission shall by rule adopted under IC 4-22-2 establish requirements that reasonably protect the public health from electric and magnetic fields. As added by P.L.94-1993, SEC.1.