Title 8, UTILITIES AND TRANSPORTATION

Sec. 8. (a) Nothing in this chapter shall be construed to limit the scope of federal or state law regarding the delivery or transport of goods. (b) This chapter applies to the extent that it is not in conflict with another state or federal law regarding the delivery or transport …

Sec. 1. This chapter applies to an outdoor advertising sign that is eligible to be relocated as a conforming sign under IC 8-23-20-25.6(c) and IC 8-23-20-25.7. As added by P.L.97-2022, SEC.4.

Sec. 2. As used in this chapter, "market area" has the meaning set forth in IC 8-23-20-25.6(a). As added by P.L.97-2022, SEC.4.

Sec. 3. (a) If a county or municipality either: (1) subject to IC 8-23-20-10, does not amend its zoning ordinance as necessary to provide for a special exception to the zoning ordinance for the relocation of an outdoor advertising sign; or (2) does not approve a variance to the z…

Sec. 4. (a) If an outdoor advertising sign cannot be relocated within the market area, a court presiding over an action under IC 32-24 shall order, subject to IC 32-24-1-9: (1) if an appraisal has not already been submitted to the court, an appraisal; or (2) if an appraisal has a…

Sec. 5. The following apply to the removal of an outdoor advertising sign: (1) The removal of an outdoor advertising sign by the outdoor advertising sign's owner to allow for construction may not be considered a waiver of the owner's rights under this chapter. (2) An outdoor adve…

Sec. 6. The department may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.97-2022, SEC.4. Amended by P.L.93-2024, SEC.90.

Sec. 1. As used in this chapter, unless otherwise provided: (a) The term "gas" means natural gas, flammable gas, or gas which is toxic or corrosive. (b) The term "transportation" means: (1) the gathering, transmission, or distribution of gas, hazardous liquids, or carbon dioxide …

Sec. 10. Whenever in this chapter it is provided that the Commission shall take any action or issue any order "upon notice and after opportunity for public hearing" such notice shall be given as provided in IC 8-1-1-8 and such hearing shall be held and conducted in the manner as …

Sec. 11. Nothing in this chapter shall affect the common law or statutory tort liability of any person. Formerly: Acts 1971, P.L.84, SEC.1.

Sec. 12. The court of appeals or such other court as may be empowered by law (or by rules of the supreme court) has jurisdiction to enjoin preliminarily or permanently any violation of this chapter, or any standards established pursuant to this chapter, determined by a final orde…

Sec. 2. There is hereby established within the Commission a Pipeline Safety Division. The Division shall be charged with the regulation of: (1) transportation; and (2) related pipeline facilities and their operations; in order to promote the public safety. Formerly: Acts 1971, P.…

Sec. 3. The Division shall be administered by a Director who shall be employed by, and shall be responsible to, the Commission and, who shall meet the job and personnel requirements of the State Department of Administration. The Director shall, with the approval of the Commission…

Sec. 4. The division, acting through the commission, shall: (1) Administer and require compliance with federal safety standards applicable to transportation and related pipeline facilities established under the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipe…

Sec. 5. Upon application by any person who engages in transportation or who owns, operates, or leases pipeline facilities, the commission may, after notice and opportunity for public hearing, and under such terms and conditions and to such extent as the commission deems appropria…

Sec. 6. Any person who engages in transportation or who owns, operates, or leases pipeline facilities shall: (a) Comply with this chapter and all safety standards established pursuant to this chapter. (b) Inspect such pipeline facilities and report the findings to the division as…

Sec. 6.1. (a) If the commission or division determines that a report or part of a report filed under this chapter is confidential under IC 5-14-3-4(a), the report or part of the report shall be excepted from disclosure under IC 5-14-3-3 as provided in IC 5-14-3-4(a). (b) If the c…

Sec. 7. (a) A person who is engaged in transportation or owns, operates, or leases pipeline facilities who violates any provision of this chapter or any regulations issued pursuant to this chapter, is subject to a civil penalty not to exceed two hundred thousand dollars ($200,000…

Sec. 8. Any person adversely affected by any final decision, ruling, or order of the commission pursuant to this chapter may appeal such decision, ruling, or order. Any such appeal shall be taken in the manner provided for appeals from any final decision, ruling, or order of the …

Sec. 9. All rules, including any safety standards, adopted by the commission under this chapter shall be adopted in accordance with the provisions of IC 4-22-2. Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.59-1984, SEC.91.

Sec. 1. (a) This chapter applies to the construction of any segment of an interstate pipeline on privately owned land in Indiana. (b) Except as otherwise provided in the guidelines adopted by the division, this chapter does not apply to construction activities that occur entirely…

Sec. 10. (a) The pipeline company shall provide the division with a list of landowners that will be affected by the proposed construction of a pipeline or a segment of a pipeline in Indiana. The list must include all affected landowners that the pipeline company must provide noti…

Sec. 11. The division shall encourage pipeline companies to use the guidelines as a starting point for any negotiations with the various state agencies identified in the guidelines. The division may require a pipeline company proposing to construct a pipeline or a segment of a pi…

Sec. 12. For each proposed or ongoing pipeline project in Indiana, the director of the division shall designate one (1) or more employees of the division to serve as project coordinators for the division. The director shall ensure that one (1) or more of the coordinators designat…

Sec. 13. (a) The division shall make the following available on the commission's website: (1) A link to the guidelines adopted by the division. (2) For each proposed or ongoing pipeline construction project in Indiana, the following information: (A) A description of the pipeline …

Sec. 2. As used in this chapter, "affected landowner" means an owner of an interest in property that: (1) is located in Indiana; and (2) meets one (1) or more of the conditions set forth in 18 CFR 157.6(d)(2). As added by P.L.110-2007, SEC.1.

Sec. 3. (a) As used in this chapter, "construction" means the physical work involved in the construction, reconstruction, improvement, maintenance, or extension of a pipeline project. (b) The term includes the following: (1) The preparation of the construction site. (2) Disassemb…

Sec. 4. As used in this chapter, "division" refers to the pipeline safety division of the Indiana utility regulatory commission established by IC 8-1-22.5-2. As added by P.L.110-2007, SEC.1.

Sec. 5. As used in this chapter, "guidelines" refers to a nonrule policy document adopted by the division that establishes voluntary guidelines to be considered by a pipeline company that proposes to construct a pipeline that will be located, in whole or in part, in Indiana. As a…

Sec. 6. As used in this chapter, "pipeline" means a pipeline (as defined in IC 8-1-22.5-1(c)) that crosses or is located in: (1) Indiana; and (2) one (1) or more other states. As added by P.L.110-2007, SEC.1.

Sec. 7. (a) As used in this chapter, "pipeline company" means a person (as defined in IC 8-1-22.5-1(e)) that: (1) constructs; or (2) proposes to construct; a pipeline. (b) The term includes any: (1) employee; (2) agent; (3) contractor; (4) subcontractor; or (5) other person; that…

Sec. 8. (a) The division shall establish voluntary guidelines to be considered by a pipeline company that proposes to construct a pipeline that will be located, in whole or in part, in Indiana. (b) Guidelines adopted by the division are not binding on any pipeline company or affe…

Sec. 9. (a) For purposes of this section, a pipeline company proposes to construct a pipeline in Indiana if it does any of the following: (1) Files an application for a certificate of public convenience and necessity with the Federal Energy Regulatory Commission. (2) Undertakes: …

Sec. 1. The intent of this chapter is to encourage the use of highway rights-of-way owned by the state to promote the growth and harvesting of vegetation to be used as fuels and other energy products. As added by P.L.182-2009(ss), SEC.281.

Sec. 2. As used in this chapter, "highway rights-of-way" refer to highway rights-of-way for which responsibility is assigned to the department. As added by P.L.182-2009(ss), SEC.281.

Sec. 3. As used in this chapter, "vegetation" refers to grasses or other plants that are suitable for processing into fuels or other energy products. The term does not include grasses or other plants that may be used to feed livestock. As added by P.L.182-2009(ss), SEC.281.

Sec. 4. To the extent permitted by federal law and when consistent with public safety, the department may enter into leases with appropriate persons for the persons to plant, maintain, and harvest vegetation on the highway rights-of-way for use in production of energy. As added b…

Sec. 5. A lease under this chapter must provide for the following: (1) The lessee is responsible for planting, maintaining, and harvesting the vegetation at the lessee's cost. (2) The lessee becomes the owner of the vegetation when harvested. (3) The harvested vegetation must be …

Sec. 6. A lease under this chapter may provide for the following: (1) Any term of the lease that the department considers best to implement the intent of this chapter, but not for more than four (4) years. (2) For the lease of parcels of sizes that the department considers the be…

Sec. 7. The department shall award a lease under this chapter to the responsive and responsible bidder who submits the highest bid for the particular lease. As added by P.L.182-2009(ss), SEC.281.

Sec. 8. To the extent permitted by federal law, the department shall make the use of highway rights-of-way as provided in this chapter a priority over all other uses. As added by P.L.182-2009(ss), SEC.281.

Sec. 1. The definitions in: (1) IC 8-1-26; and (2) IC 23-0.5-1.5; apply throughout this chapter. As added by P.L.93-2018, SEC.1.

Sec. 10. Upon request of: (1) the commission; or (2) the pipeline safety division; a communications service provider or a utility shall provide to the commission or the pipeline safety division, whichever made the request, a list of the communications service provider's or the ut…

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.93-2018, SEC.1.

Sec. 3. As used in this chapter, "communications service provider" has the meaning set forth in IC 8-1-32.5-4. As added by P.L.93-2018, SEC.1.

Sec. 4. As used in this chapter, "contractor" means an entity under contract with: (1) a communications service provider; or (2) a utility; to perform one (1) or more excavations (as defined in IC 8-1-26-6) or demolitions (as defined in IC 8-1-26-5) in Indiana. As added by P.L.93…