Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

Sec. 1. As used in this chapter, "commercial driver's license" has the meaning set forth in 49 CFR 383.5 as in effect July 1, 2010. As added by P.L.42-2004, SEC.1. Amended by P.L.198-2016, SEC.59.

Sec. 2. As used in this chapter, "commercial motor vehicle" has the meaning set forth in IC 9-13-2-31. As added by P.L.42-2004, SEC.1.

Sec. 3. As used in this chapter, "public utility" has the meaning set forth in IC 8-1-2-1(a). As added by P.L.42-2004, SEC.1.

Sec. 4. As used in this chapter, "utility service interruption emergency" means an outage or interruption of utility service in Indiana, including a near term threat or occurrence of a meteorological or other condition reasonably likely to result in outages or service interruptio…

Sec. 5. As used in this chapter, "utility service vehicle" has the meaning set forth in 49 CFR 395.2. As added by P.L.42-2004, SEC.1.

hours of service Sec. 6. An individual who: (1) is the holder of a commercial driver's license; (2) is: (A) an employee; (B) an employee of a contractor; or (C) an employee of a subcontractor; of a public utility in an employment capacity in which the commercial driver's license …

Sec. 1. As used in this chapter, "certificate" refers to a certificate of public convenience and necessity issued by the commission under section 7(b) of this chapter. As added by P.L.150-2011, SEC.1.

Sec. 2. (a) As used in this chapter, "compliance project" means a project: (1) undertaken by an energy utility; and (2) related to the direct or indirect compliance by the energy utility with one (1) or more federally mandated requirements. (b) The term includes: (1) an addition;…

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.150-2011, SEC.1.

Sec. 4. (a) As used in this chapter, "federally mandated costs" means costs that an energy utility has incurred, or estimates that it will incur, in connection with a compliance project, including capital, operating, maintenance, depreciation, tax, or financing costs, or costs th…

Sec. 5. As used in this chapter, "federally mandated requirement" means a requirement that the commission determines is imposed on an energy utility by the federal government in connection with any of the following: (1) The federal Clean Air Act (42 U.S.C. 7401 et seq.). (2) The …

considerations for issuing a certificate Sec. 6. (a) Except as provided in subsection (c), or unless an energy utility has elected to file for: (1) a certificate of public convenience and necessity; or (2) the recovery of costs; under another statute, an energy utility that seeks…

public hearing; conditions for approval; recovery of costs Note: This version of section effective 4-20-2023. See also preceding version of this section, effective until 4-20-2023. Sec. 7. (a) As a condition for receiving the certificate required under section 6 of this chapter, …

Sec. 1. (a) Except as provided in subsection (c), as used in this chapter, "public utility" means a: (1) public, municipally owned, or cooperatively owned utility; or (2) joint agency created under IC 8-1-2.2. (b) As used in this chapter, "public utility service" means the servic…

measurement, and verification; recovery of program costs; opt out by industrial customers Sec. 10. (a) For purposes of this section, "electricity supplier" means a public utility (as defined in IC 8-1-2-1) that furnishes retail electric service to customers in Indiana. The term d…

As added by P.L.165-2020, SEC.1. Expired 5-1-2021 by P.L.165-2020, SEC.1.

workforce ready credit-bearing grants Sec. 12. (a) As used in this section, "coal industry employment" means employment: (1) at a commercial coal mine in Indiana; (2) at a coal fired electric generating unit in Indiana; or (3) in an Indiana based manufacturing or transportation s…

concerning the granting of certificates for small modular reactors; requirements for commission's rules Sec. 12.1. (a) As used in this section, "small modular nuclear reactor" means a nuclear reactor that: (1) has a rated electric generating capacity of not more than four hundred…

resource planning report to commission; three-year forecast; contents; commission's review; investigation; order to acquire or construct resources; information in commission's annual report Sec. 13. (a) The general assembly finds that it is in the public interest to support the r…

Sec. 2. Except as provided in section 7 of this chapter, a public utility may not begin the construction, purchase, or lease of any steam, water, or other facility for the generation of electricity to be directly or indirectly used for the furnishing of public utility service, ev…

notice; commission consideration and investigation; recovery of accelerated depreciation Sec. 2.1. (a) This section does not apply to the retirement, sale, or transfer of: (1) a public utility's electric generation facility if the retirement, sale, or transfer is necessary in ord…

Sec. 3. (a) The commission shall develop, publicize, and keep current an analysis of the long-range needs for expansion of facilities for the generation of electricity. (b) This analysis must include an estimate of: (1) the probable future growth of the use of electricity; (2) th…

As added by P.L.250-2019, SEC.2. Expired 1-2-2021 by P.L.250-2019, SEC.2.

before January 1, 2025; commission to evaluate impact of federal phaseout mandates on estimated useful life of existing and proposed generating facilities Sec. 3.2. (a) This section applies to an electric utility that submits an integrated resource plan described in section 3(e) …

director's evaluation of preferred resource portfolio for attributes of electric utility service specified in state policy Sec. 3.3. (a) Except as otherwise provided in this section, the definitions in 170 IAC 4-7 apply throughout this section. (b) As used in this section, "elect…

Sec. 3.5. (a) To arrive at estimates of the probable future growth of the use of electricity required by section 3(b)(1) of this chapter, the commission shall establish a permanent forecasting group to be located at a state supported college or university within Indiana. The comm…

federal phaseout mandates; provision of electric utility service with attributes specified in state policy Sec. 4. (a) As used in this section, "federal phaseout mandate" means any federal statutory or regulatory requirement that: (1) is established after April 20, 2021, by the C…

certificate; findings; utility specific proposals; construction of large generating facilities; competitive bidding Sec. 5. (a) As a condition for receiving the certificate required under section 2 of this chapter, the applicant shall file an estimate of construction, purchase, o…

modification or revocation of certificate; consideration of state policy Sec. 5.5. When, in the opinion of the commission, changes in the estimate of the probable future growth of the use of electricity so indicate, the commission shall commence a review of any certificate grante…

under review; election to defer review Sec. 6. (a) In addition to the review of the continuing need for the facility under construction prescribed in section 5.5 of this chapter, the commission shall, at the request of the public utility, maintain an ongoing review of such constr…

Sec. 6.5. Absent fraud, concealment, or gross mismanagement, a utility shall recover through rates the actual costs the utility has incurred in reliance on a certificate issued under this chapter, and as modified under sections 5.5 and 6 of this chapter as follows: (1) If a facil…

commission of proposed construction required Sec. 7. The certification requirements of this chapter do not apply to a person that: (1) constructs an electric generating facility primarily for that person's own use and not for the primary purpose of producing electricity, heat, or…

Sec. 8. Except as otherwise provided in this chapter, nothing in this chapter limits the commission's responsibility regarding valuation of utility property under IC 8-1-2-6. As added by P.L.5-1988, SEC.47. Amended by P.L.53-1992, SEC.8.

prohibition against extending or renewing energy efficiency programs established under DSM order Sec. 9. (a) For purposes of this section, "DSM order" refers to an order of the commission that establishes or approves: (1) energy efficiency targets or goals for electricity supplie…

Sec. 1. 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 electric generating facility and directly or indirectly reduces airborne emissions of sulfur or nitrogen based pollutants…

certification; joint applications Sec. 10. (a) This chapter does not relieve a public utility of the duty to obtain a certificate under IC 8-1-8.5 if the utility is proposing the use of clean coal technology as a part of the construction of an electric generating facility. (b) A …

Sec. 2. As used in this chapter, "public utility" means a public or municipally owned utility. As added by P.L.105-1989, SEC.4.

coal technology Sec. 3. (a) Except as provided in subsection (c), a public utility may not use clean coal technology at a new or existing electric generating facility without first applying for and obtaining from the commission a certificate that states that public convenience an…

coal Sec. 4. (a) As a condition for receiving the certificate required under section 3 of this chapter, an applicant must file an estimate of the cost of constructing, implementing, and using clean coal technology and supportive technical information in as much detail as the comm…

Sec. 5. When, in the opinion of the commission, changes in the estimate of the cost or the need for clean coal technology occur, the commission shall immediately commence a review of the certificate granted under this chapter to determine if public convenience and necessity will …

recovery of expenditures Sec. 6. If a public utility cancels the implementation of the technology as a result of the modification or revocation of a certificate by the commission under section 5 of this chapter, the public utility may recover the amount of its investment in the t…

Sec. 7. (a) This section does not apply if the utility elects the review described in section 8 of this chapter. (b) In addition to the review of the continuing need for the clean coal technology system under construction prescribed in section 5 of this chapter, the commission sh…

and approved costs Sec. 8. A public utility may elect to forgo any commission review of the construction and cost until completion of the clean coal technology system. If the commission has annually approved the continuing need for the project under section 5 of this chapter, and…

Sec. 9. After the commission has made a finding under section 4(b)(4) of this chapter as to the dispatching priority of a facility utilizing clean coal technology, the utility receiving the certificate under this chapter may dispatch the facility for which the certificate is issu…

Sec. 1. (a) The general assembly makes the following findings: (1) Growth of Indiana's population and economic base has created a need for new energy production or generating facilities in Indiana. (2) The development of a robust and diverse portfolio of energy production or gene…

Sec. 10. (a) As used in this chapter "renewable energy resource" means the following: (1) A clean energy resource listed in: (A) IC 8-1-37-4(a)(1) through IC 8-1-37-4(a)(16); (B) IC 8-1-37-4(a)(22); or (C) IC 8-1-37-4(a)(23). (2) Low temperature, oxygen starved gasification of mu…

Sec. 10.2. (a) As used in this chapter, "small modular nuclear reactor" means a nuclear reactor that: (1) has a rated electric generating capacity of not more than four hundred seventy (470) megawatts; (2) is capable of being constructed and operated, either: (A) alone; or (B) in…

commission; commission's time for determining eligibility Sec. 11. (a) The commission shall encourage clean energy projects by creating the following financial incentives for clean energy projects, if the projects are found to be just and reasonable: (1) The timely recovery of co…

Sec. 12. (a) The commission shall provide financial incentives to eligible businesses for: (1) new energy production or generating facilities; and (2) nuclear energy production or generating facilities; in the form of timely recovery of the costs incurred in connection with the s…

Sec. 13. An eligible business shall file a monthly report with the lieutenant governor stating the following information: (1) The amount of Illinois Basin coal, if any, purchased during the previous month for use in a new energy production or generating facility. (2) The amount o…