Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

easement negotiations 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 pi…

guidelines to pipeline company; time of mailing 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 Federa…

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. 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…

Sec. 5. As used in this chapter, "pipeline safety division" means the pipeline safety division established within the commission by IC 8-1-22.5-2. As added by P.L.93-2018, SEC.1.

Sec. 6. As used in this chapter, "utility" means: (1) a public utility (as defined in IC 8-1-2-1(a)); (2) a corporation organized under IC 8-1-13; (3) a municipally owned utility (as defined in IC 8-1-2-1(h)); or (4) a corporation that is organized under IC 23-17 that is an elect…

As added by P.L.93-2018, SEC.1. Repealed by P.L.177-2019, SEC.3. IC 8-1-26.5-8 Repealed As added by P.L.93-2018, SEC.1. Repealed by P.L.177-2019, SEC.4.

Sec. 9. If in the course of an investigation under IC 8-1-26: (1) the pipeline safety division makes a finding of a violation of IC 8-1-26 by a contractor; and (2) the contractor is a foreign filing entity that has failed to register to do business in Indiana under IC 23-0.5-5; t…

Sec. 1. This chapter applies to a provider and a certificate holder. As added by P.L.27-2006, SEC.53.

Sec. 2. Except as otherwise provided, the definitions in IC 8-1-2.6 apply throughout this chapter. As added by P.L.27-2006, SEC.53.

Sec. 3. As used in this chapter, "certificate holder" refers to a person holding a certificate of franchise authority issued under IC 8-1-34-17. As added by P.L.27-2006, SEC.53.

Sec. 4. 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.27-2006, SEC.53.

Sec. 5. As used in this chapter, "customer", with respect to a provider, refers to either of the following: (1) A residential customer. (2) A business customer. As added by P.L.27-2006, SEC.53.

remedies; civil penalties; enforcement by attorney general; right to appeal Sec. 6. (a) If: (1) ten (10) or more customers of a provider or a certificate holder; (2) the utility consumer counselor; or (3) any class satisfying the standing requirements of IC 8-1-2-54; files a veri…

waiver of civil penalty; use of civil penalties collected Sec. 7. (a) In imposing a civil penalty under section 6(b)(4) of this chapter, the commission may consider the following factors: (1) The duration and gravity of the offense, including the number of customers affected. (2)…

Sec. 1. As used in this chapter, "cost differential" means the difference between: (1) the cost to a utility company that acquires utility property from an offered utility, including the purchase price, incidental expenses, and other costs of acquisition; minus (2) the difference…

As added by P.L.189-2015, SEC.1. Repealed by P.L.229-2019, SEC.3.

Sec. 2.5. 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 owned, operated, or held in trust by a consolidated city. As added by P.L.98-2016, SEC.2.

Sec. 2.6. As used in this chapter, "offered utility" means a utility company whose property is the subject of an acquisition described in section 5(a) of this chapter. As added by P.L.229-2019, SEC.4.

Sec. 3. As used in this chapter, "utility company" means: (1) a: (A) public utility; (B) municipally owned utility; or (C) not-for-profit utility; that provides water or wastewater service; or (2) a regional sewer or water district. As added by P.L.189-2015, SEC.1. Amended by P.L…

reasonableness of cost differential; acquiring utility's petition to include cost differential in rate base; commission findings; notice to customers of acquiring utility company; final order; net original cost of assets Sec. 5. (a) This section applies if: (1) a utility company …

utility; qualification of appraisers Sec. 5.5. (a) For purposes of this section, an individual, or the company employing the individual, is qualified to perform an appraisal if the individual is: (1) an engineer registered under IC 25-31; or (2) an appraiser licensed under IC 25-…

maintain adequate and reasonable service and facilities; commission findings Sec. 6. For purposes of section 5(d)(2) of this chapter, an offered utility is too small to capture economies of scale or is not furnishing or maintaining adequate, efficient, safe, and reasonable servic…

improvement costs to water customers Sec. 6.5. (a) This section applies to a utility company that is an eligible utility under IC 8-1-31.7-3 and that provides both water and wastewater service in one (1) or more areas in which the utility company has acquired wastewater utility p…

As added by P.L.189-2015, SEC.1. Repealed by P.L.71-2022, SEC.5.

Sec. 1. As used in this chapter, "authority" refers to the Indiana finance authority established by IC 5-1.2-3. As added by P.L.15-2019, SEC.7.

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.15-2019, SEC.7.

Sec. 2.2. As used in this chapter, "independent evaluator" means a person or entity that is qualified to assess the accuracy or validity of methodology or results of an audit under this chapter. The independent evaluator must be listed as preapproved by the authority after consul…

Sec. 3. As used in this chapter, "non-revenue water" means the difference between: (1) the volume of water entering a water utility's water distribution system; and (2) the volume of water: (A) that is received by the water utility's customers; and (B) for which the water utility…

Sec. 4. As used in this chapter, "water utility" means: (1) a public utility (as defined in IC 8-1-2-1(a)); (2) a municipally owned utility (as defined in IC 8-1-2-1(h)); (3) a not-for-profit utility (as defined in IC 8-1-2-125(a)); (4) a cooperatively owned corporation; (5) a co…

Sec. 5. At least once in each calendar year, a water utility shall perform an audit of its water distribution system through the use of the latest version of the American Water Works Association's free water audit software, or other methodology software as the authority may direc…

Sec. 6. (a) The results of: (1) the audit performed by a water utility under section 5 of this chapter during calendar year 2020; and (2) the audit performed by a water utility under section 5 of this chapter during each even-numbered calendar year after 2020; must be verified by…

Sec. 7. Beginning in 2020, during each even-numbered year the authority shall: (1) compile the verified results it receives under section 6(b) of this chapter; (2) before December 15, prepare a report that: (A) summarizes the information contained in the verified audit results; a…

Sec. 8. To apply to the authority for a loan, a grant, or other financial assistance from: (1) the drinking water revolving loan program established by IC 5-1.2-10; or (2) the water infrastructure assistance program established by IC 5-1.2-14; a water utility must demonstrate to …

As added by P.L.15-2019, SEC.7. Repealed by P.L.224-2023, SEC.4.

Sec. 1. The definitions in IC 8-1-2-1 apply throughout this chapter. As added by P.L.104-2016, SEC.3.

Sec. 10. As used in this chapter, "system integrity collar" means a dollar amount that is equal to the product of: (1) an eligible utility's authorized revenues; multiplied by (2) two hundredths (0.02). An eligible utility's system integrity collar is satisfied when the eligible …

Sec. 11. (a) A system integrity adjustment may not exceed the product of an eligible utility's adjustment amount multiplied by ninety-four hundredths (0.94). (b) For purposes of the credit or recovery of an adjustment amount, a system integrity adjustment must be allocated only t…

consumer counselor; hearing and order; duration of system integrity adjustment Sec. 12. (a) An eligible utility that is not collecting a system integrity adjustment may file with the commission a petition setting forth rate schedules that establish a system integrity adjustment t…

petition for change in its adjustment amount Sec. 13. (a) This section applies to an eligible utility for which the commission has issued an order approving a petition under section 12(d) of this chapter. (b) An eligible utility shall file a petition for a change in its adjustmen…