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Indiana Statutes, Title 8

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Indiana/Statutes

← All Indiana coverage

Title 8, UTILITIES AND TRANSPORTATION

341 chapters · 3,670 sections in this title.

All chapters in Title 83,670 Ch 2, Utility Regulation390 Ch 1, Utility Regulatory Commission257 Ch 3, Judicial Review of Utility Regulator…213 Ch 5, Execution and Filing of Mortgages by…168 Ch 9, Relocation of Utilities in Highway R…133 Ch 7, Surrender of Utility Franchise123 Ch 17, Telephones─Rural Telephone Cooperati…120 Ch 4, Public Utility Securities112 Ch 6, Public Utility Fees91 Ch 8, Condemnation by Utilities84 Ch 22, County Road and Bridge Bonding72 Ch 10, Public Utility Accounting Practices61 Ch 13, Rural Electric Membership Corporatio…61 Ch 15, Water Utilities─Vacation or Relocati…61

3,670 sections·Filtered byTitle 8✕

Ind. Code § 8-1-31.5-3 "Adjustment amount"
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Sec. 3. As used in this chapter, "adjustment amount" means the dollar amount: (1) by which an eligible utility's actual revenues for a twelve (12) month period differ from the eligible utility's authorized revenues for the same twelve (12) month period; and (2) that the eligible …
Ind. Code § 8-1-31.5-4 "Adjustment revenues"
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Sec. 4. As used in this chapter, "adjustment revenues" means revenues produced through application of a system integrity adjustment. The term does not include revenue from other rates and charges. As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-31.5-5 "Authorized revenues"
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Sec. 5. As used in this chapter, "authorized revenues" means the annual operating revenues of an eligible utility approved by the commission for a twelve (12) month period in the eligible utility's most recent general rate case. As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-31.5-6 "Cumulative excess or deficit"
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Sec. 6. As used in this chapter, "cumulative excess or deficit" means the amount by which an eligible utility's actual revenues are: (1) in the case of an excess, greater than; or (2) in the case of a deficit, less than; the eligible utility's authorized revenues measured on a cu…

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Ind. Code § 8-1-31.5-7 "Eligible utility"

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Sec. 7. As used in this chapter, "eligible utility" means a: (1) public utility; (2) municipally owned utility; or (3) not-for-profit utility; that provides water or wastewater service and is under the jurisdiction of the commission for the approval of rates and charges. As added…

Ind. Code § 8-1-31.5-8 "Not-for-profit utility"

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Sec. 8. As used in this chapter, "not-for-profit utility" has the meaning set forth in IC 8-1-2-125(a). The term includes a utility company that is owned, operated, or held in trust by a consolidated city. As added by P.L.104-2016, SEC.3.

Ind. Code § 8-1-31.5-9 "System integrity adjustment"

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Sec. 9. As used in this chapter, "system integrity adjustment" means an amount charged by an eligible utility to allow the automatic adjustment of the eligible utility's basic rates and charges to recover from or credit to customers an adjustment amount. As added by P.L.104-2016,…

Ind. Code § 8-1-31.6-1 "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.91-2017, SEC.8.

Ind. Code § 8-1-31.6-10 Petition by municipally owned utility for rate adjustment

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Sec. 10. (a) Except as provided in subsection (d), a municipally owned utility may file with the commission a petition setting forth rate schedules establishing an amount that will allow the adjustment of the utility's basic rates and charges to provide for recovery of customer l…

Ind. Code § 8-1-31.6-11 Hearing and order on petition by municipally owned utility

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Sec. 11. (a) When a petition is filed under section 10 of this chapter, the commission shall conduct a hearing. (b) The office of the utility consumer counselor may: (1) examine information of the municipally owned utility to confirm: (A) that the customer lead service line impro…

Ind. Code § 8-1-31.6-12 Petition for change in initial adjustment amount by municipally owned utility

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Sec. 12. (a) Except as provided in subsection (b), a municipally owned utility may, but is not required to, file a petition for a change in its initial adjustment amount not more often than one (1) time every twelve (12) months. Section 10 of this chapter applies to a petition to…

Ind. Code § 8-1-31.6-13 Allowable recovery for municipally owned utility; factors

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Sec. 13. In determining the amount of allowable recovery of customer lead service line improvement costs for a municipally owned utility, the commission may consider the following factors: (1) Extensions and replacements, to the extent that the extensions and replacements are not…

Ind. Code § 8-1-31.6-14 Adjustment amount calculation and reconciliation procedures for municipally owned utility

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Sec. 14. An adjustment amount proposed under section 10 of this chapter may be calculated based on a reasonable estimate of equivalent meters in the period in which the charge will be in effect. At the end of each twelve (12) month period following the date on which the commissio…

Ind. Code § 8-1-31.6-15 Resetting of adjustment amount after increase in basic rates and charges for municipally owned utility

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Sec. 15. A municipally owned utility's adjustment rider approved under sections 10 and 12 of this chapter shall be reset to zero (0) upon the approval of new basic rates and charges for the utility by the commission in a general rate case in which the customer lead service line i…

Ind. Code § 8-1-31.6-16 Commission to adopt rules

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Sec. 16. The commission shall adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.137-2020, SEC.14.

Ind. Code § 8-1-31.6-2 "Customer lead service line improvement"

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Sec. 2. As used in this chapter, "customer lead service line improvement" means an expenditure that is: (1) related to a lead service line, including any galvanized steel service line that is or has been connected to any upstream component made of lead or of an unknown material, …

Ind. Code § 8-1-31.6-3 "Eligible infrastructure improvements"

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Sec. 3. As used in this chapter, "eligible infrastructure improvements" has the meaning set forth in IC 8-1-31-5. As added by P.L.91-2017, SEC.8.

Ind. Code § 8-1-31.6-4 "Water utility"

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Sec. 4. (a) As used in this chapter, "water utility" means: (1) a public utility (as defined in IC 8-1-2-1(a)); or (2) a municipally owned utility (as defined in IC 8-1-2-1(h)); that provides water service to the public, and that is under the commission's authority with respect t…

Ind. Code § 8-1-31.6-5 Commission approval of water utility's plan for customer lead service line improvements

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Sec. 5. (a) Before a water utility may seek to include customer lead service line improvements as eligible infrastructure improvements: (1) for purposes of IC 8-1-31, for public utilities; or (2) for purpose of this chapter, for municipally owned utilities; the water utility must…

Ind. Code § 8-1-31.6-6 Water utility plans; nonresponsive property owner; authority of water utility; liability; multi-family residential properties; disconnection of service; approval; ratemaking treatment

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Sec. 6. (a) As used in this section, "occupant", with respect to any: (1) building; (2) structure; or (3) dwelling; that is served by a lead service line, means a person in actual possession of and residing in or occupying the building, structure, or dwelling. (b) As used in this…

Ind. Code § 8-1-31.6-7 Inclusion of costs of customer lead service line improvements as eligible infrastructure improvements for public utilities

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Sec. 7. Subject to section 6(f) of this chapter, in the case of a water utility that is a public utility, upon the commission's approval of the water utility's plan under section 6 of this chapter, the water utility may include the actual costs incurred by the water utility in co…

Ind. Code § 8-1-31.6-8 Inclusion of costs of customer lead service line improvements in rates of municipally owned utility

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Sec. 8. Subject to section 6(f) of this chapter, in the case of a water utility that is a municipally owned utility, upon the commission's approval of the water utility's plan under section 6 of this chapter, the water utility may include in the water utility's rates the costs fo…

Ind. Code § 8-1-31.6-9 Customer lead service line improvement costs for municipally owned utilities

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Sec. 9. For a municipally owned utility, customer lead service line improvement costs include the following: (1) Depreciation expenses. (2) Extensions and replacements for customer lead service line improvements, to the extent that the extensions and replacements are not provided…

Ind. Code § 8-1-31.7-1 Applicability of definitions

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Sec. 1. The definitions in IC 8-1-2-1 apply throughout this chapter. As added by P.L.137-2020, SEC.15.

Ind. Code § 8-1-31.7-10 Plan for improvements related to compliance with certain requirements; factors for commission's consideration

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Sec. 10. If the plan is for a service enhancement improvement described in section 7(1)(A) of this chapter, the commission shall approve the plan if the commission finds that the public convenience and necessity require the proposed service enhancement improvement to allow the el…

Ind. Code § 8-1-31.7-11 Plan for improvements related to compliance with regulation imposed by local government

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Sec. 11. If the plan is for a service enhancement improvement described in section 7(1)(A) of this chapter related to a requirement described in section 6(4) of this chapter, the eligible utility shall provide a copy of the unit or municipal corporation ordinance or other determi…

Ind. Code § 8-1-31.7-12 Eligible utility's petition for adjustment rider; recovery of costs; hearing; order; costs for replacement of plant or equipment; recovery of chemical costs or power costs not subject to deferral

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Sec. 12. (a) If the commission approves an eligible utility's plan under section 9 of this chapter, or if commission approval of the plan is otherwise not required, the eligible utility may file a petition to establish or adjust an adjustment rider to its rate schedules under thi…

Ind. Code § 8-1-31.7-13 Pretax return for public utility; factors for commission's consideration

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Sec. 13. In determining an appropriate pretax return for a public utility, the commission may consider the following factors: (1) The current state and federal income tax rates. (2) The eligible utility's actual regulatory capital structure. (3) The actual cost rates for the elig…

Ind. Code § 8-1-31.7-14 Cost of common equity for public utility

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Sec. 14. (a) Except as provided in subsection (b), the cost of common equity to be used in the calculation of the pretax return under section 13 of this chapter shall be the most recent determination by the commission in a general rate proceeding of the eligible utility. (b) If t…

Ind. Code § 8-1-31.7-15 Recovery of costs for municipally owned utility; factors for commission's consideration

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Sec. 15. In determining the amount of allowable recovery of service enhancement improvement costs for an eligible utility that is a municipally owned utility, the commission may consider the following factors: (1) Extensions and replacements, to the extent that the extension and …

Ind. Code § 8-1-31.7-16 Recovery of costs for not-for-profit utility; factors for commission's consideration

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Sec. 16. In determining the amount of allowable recovery of service enhancement improvement costs for a not-for-profit utility, the commission may consider the following factors: (1) Extensions and replacements, in the manner provided for in IC 8-1-2-125. (2) Debt service on fund…

Ind. Code § 8-1-31.7-17 Adjustment amount calculation and reconciliation procedures

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Sec. 17. An adjustment amount proposed under section 12 of this chapter may be calculated based on a reasonable estimate of equivalent meters in the period in which the charge will be in effect. At the end of each twelve (12) month period following the date on which the commissio…

Ind. Code § 8-1-31.7-18 Petition to change adjustment rider

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Sec. 18. Except as provided in section 9.2 of this chapter, an eligible utility may, but is not required to, file a petition for a change in its initial adjustment amount not more than one (1) time in every twelve (12) months. Section 12 of this chapter applies to a petition to c…

Ind. Code § 8-1-31.7-19 Resetting of adjustment rider after increase in basic rates and charges

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Sec. 19. An eligible utility's adjustment rider approved under sections 12 and 18 of this chapter shall be reset to zero (0) upon approval of new basic rates and charges for the eligible utility by the commission in a general rate case in which the eligible service additions are …

Ind. Code § 8-1-31.7-2 "Eligible addition"

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Sec. 2. As used in this chapter, "eligible addition" means any new utility plant or equipment: (1) that does not increase revenues by connecting to new customers, even though the plant or equipment may provide the eligible utility with greater available capacity; and (2) that: (A…

Ind. Code § 8-1-31.7-20 Commission to adopt rules

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Sec. 20. The commission shall adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.137-2020, SEC.15.

Ind. Code § 8-1-31.7-3 "Eligible utility"

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Sec. 3. As used in this chapter, "eligible utility" means: (1) a public utility; (2) a municipally owned utility; or (3) a not-for-profit utility; that provides water or wastewater service to the public and is under the jurisdiction of the commission for the approval of rates and…

Ind. Code § 8-1-31.7-4 "Not-for-profit utility"

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Sec. 4. (a) As used in this chapter, "not-for-profit utility" has the meaning set forth in IC 8-1-2-125(a). (b) The term includes a utility company that is owned, operated, or held in trust by a consolidated city. As added by P.L.137-2020, SEC.15.

Ind. Code § 8-1-31.7-5 "Pretax return"

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Sec. 5. As used in this chapter, "pretax return" means the revenues necessary: (1) to produce net operating income equal to a public utility's weighted cost of capital multiplied by the net original cost of the eligible addition; and (2) to pay state and federal income taxes appl…

Ind. Code § 8-1-31.7-6 "Requirement"

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Sec. 6. As used in this chapter, "requirement" means any decision or regulation imposed on an eligible utility by a unit (as defined in IC 36-1-2-23), a municipal corporation (as defined in IC 36-1-2-10), a state, or the federal government in connection with any of the following:…

Ind. Code § 8-1-31.7-7 "Service enhancement improvement"

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Sec. 7. As used in this chapter, "service enhancement improvement" means an expenditure that is either of the following: (1) Made, or to be made, by an eligible utility and related to: (A) direct or indirect compliance with one (1) or more requirements; or (B) installation of a n…

Ind. Code § 8-1-31.7-8 "Service enhancement improvement costs"

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Sec. 8. (a) As used in this chapter, "service enhancement improvement costs" means costs that an eligible utility incurs in connection with an eligible addition, including the following: (1) Depreciation expenses. (2) For a municipally owned utility or a not-for-profit utility, e…

Ind. Code § 8-1-31.7-9 Eligible utility's plan for proposed improvement; preapproval by commission; public hearing; findings; final order; exception to preapproval requirement; recovery of costs

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Sec. 9. (a) Except as provided in subsection (e), before an eligible utility may seek to recover its service enhancement improvement costs through a periodic rate adjustment under section 12 of this chapter, it must first obtain preapproval from the commission of its plan for the…

Ind. Code § 8-1-31.7-9.1 Recalculation of chemical costs and power costs for purposes of adjustment rider

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Sec. 9.1. (a) This section applies to the recalculation of costs described in section 7(2)(B) and 7(2)(C) of this chapter for purposes of an adjustment rider under section 12 of this chapter. (b) Chemical costs described in section 7(2)(B) of this chapter may be recalculated as f…

Ind. Code § 8-1-31.7-9.2 Commission order approving adjustment rider for recovery of chemical costs or power costs; petition for change in adjustment amount; hearing and order on petition

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Sec. 9.2. (a) This section applies to an eligible utility for which the commission has issued an order under section 12 of this chapter to approve an adjustment rider for the recovery of costs described in section 7(2)(B) or 7(2)(C) of this chapter, as calculated under section 9.…

Ind. Code § 8-1-32.3-1 "Antenna"

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Sec. 1. As used in this chapter, "antenna" means any communications equipment that transmits or receives electromagnetic radio signals used in the provision of wireless communications service. As added by P.L.145-2015, SEC.3.

Ind. Code § 8-1-32.3-10 "Small cell network"

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Sec. 10. As used in this chapter, "small cell network" means a collection of interrelated small cell facilities designed to deliver wireless service. As added by P.L.145-2015, SEC.3.

Ind. Code § 8-1-32.3-11 "Substantial modification of a wireless support structure"

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Sec. 11. (a) As used in this chapter, "substantial modification of a wireless support structure" means the mounting of a wireless facility on a wireless support structure in a manner that: (1) increases the height of the wireless support structure by the greater of: (A) ten perce…

Ind. Code § 8-1-32.3-12 "Utility pole"

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Sec. 12. As used in this chapter, "utility pole" means a structure that is: (1) owned or operated by: (A) a public utility; (B) a communications service provider; (C) a municipality; (D) an electric membership corporation; or (E) a rural electric cooperative; and (2) designed or …

Ind. Code § 8-1-32.3-12.5 "Wireless communications service"

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Sec. 12.5. As used in this chapter, "wireless communications service" means services, whether mobile or at a fixed location, that are provided using wireless facilities through licensed or unlicensed spectrum. As added by P.L.261-2017, SEC.5.