Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

Sec. 14. For purposes of satisfying a system integrity collar, an eligible utility's cumulative excess or deficit shall be reset to zero (0) upon the effective date of the commission's order in the eligible utility's next general rate case proceeding after the commission approves…

and adjustment revenues Sec. 15. At the same time an eligible utility files a petition under section 13 of this chapter, the eligible utility shall reconcile the difference between: (1) the adjustment amount approved by the commission for a previous twelve (12) month period; and …

a general increase in basic rates and charges Sec. 16. For purposes of IC 8-1-2-42(a), the approval of a petition filed under section 12 or 13 of this chapter is not a general increase in basic rates and charges. As added by P.L.104-2016, SEC.3.

included in utility's annual report Sec. 17. An eligible utility that: (1) is subject to the jurisdiction of the commission; and (2) serves five thousand (5,000) or more customers; shall include in its annual report to the commission on a form prescribed by the commission under I…

Sec. 18. The commission shall adopt by rule under IC 4-22-2 or by order other procedures not inconsistent with this chapter that the commission finds reasonable or necessary to administer this chapter. As added by P.L.104-2016, SEC.3.

Sec. 2. As used in this chapter, "actual revenues" means the annual operating revenues that an eligible utility receives or accrues for a twelve (12) month period authorized for recovery through basic rates and charges approved by the commission in the eligible utility's most rec…

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 …

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.

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.

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…

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…

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.

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,…

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.

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…

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…

municipally owned utility 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 chapte…

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…

for municipally owned utility 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 t…

and charges for municipally owned utility 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…

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.

Sec. 2. As used in this chapter, "customer lead service line improvement" means an expenditure that is: (1) related to: (A) a lead service line; or (B) a galvanized steel service line; owned by a customer of a water utility; (2) made by a water utility; and (3) related to a water…

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.

Sec. 4. 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 to ra…

costs eligible for favorable ratemaking treatment Sec. 6. (a) Before a water utility is authorized to include customer lead service line improvements as eligible infrastructure improvements for purposes of IC 8-1-31, for a public utility, or for purposes of this chapter, for a mu…

as eligible infrastructure improvements for public utilities Sec. 7. Subject to section 6(c) of this chapter, upon the commission's approval of a public utility's plan under section 6 of this chapter, the water utility may include the actual costs incurred by the public utility i…

rates of municipally owned utility Sec. 8. Subject to section 6(c) of this chapter, upon the commission's approval of the utility's plan under section 6 of this chapter, a municipally owned utility may include in the utility's rates the costs for customer lead service line improv…

owned utilities 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 …

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

requirements; factors for commission's consideration 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 pro…

imposed by local government 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 corporatio…

costs; hearing; order; costs for replacement of plant or equipment 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 esta…

consideration 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 rate…

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…

commission's consideration 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 ext…

commission's consideration 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 8-1-2-12…

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…

Sec. 18. 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 change an adjustment rider. As added by P.L.137-2020…

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…

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.

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…

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.

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…

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:…

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…

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…

by commission; public hearing; findings; final order; exception to preapproval requirement; recovery of costs 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 adjustm…

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. IC 8-1-32.3-2 "Base station" Sec. 2. As used in this c…

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.

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…