Ind. Code § 8-14-14.1-4 — Indiana Code / Title 8 / Article 14 / Chapter 14.1 / Section 8-14-14.1-4
Transfers to the major moves construction fund
Status: reserved

Sec. 4. (a) Notwithstanding section 3(e) of this chapter, the budget agency may, before July 1, 2014, transfer not more than two hundred million dollars ($200,000,000) from the fund to the major moves construction fund established by IC 8-14-14-5. Money transferred under this section may be used for any purpose of the major moves construction fund.

(b) Notwithstanding section 3(e) of this chapter, if one (1) or more transfers under section 3(h) of this chapter are made to the fund after December 31, 2013, the budget agency may transfer from the fund to the major moves construction fund established by IC 8-14-14-5 an amount equal to the lesser of:

(1) two hundred million dollars ($200,000,000); or

(2) the total amount of any transfers under section 3(h) of this chapter that are made to the fund after December 31, 2013.

(c) The following apply to a transfer described in subsection (b):

(1) The transfer is subject to review by the budget committee and may be made as late as the date on which the budget committee submits the budget report and budget bill for the biennium beginning July 1, 2015, and ending June 30, 2017, to the governor under IC 4-12-1-9(a).

(2) The transfer is in addition to any transfer made under subsection (a).

(3) Money that is transferred may be used for any purpose of the major moves construction fund.

As added by P.L.201-2014, SEC.3.
Ind. Code § 8-6-1-6 — Indiana Code / Title 8 / Article 6 / Chapter 1 / Section 8-6-1-6
Maximum or ruling grade; exceeding
Status: in_force

Sec. 6. In any case of grade separation under the provisions of this chapter, no plan shall be adopted by the department or order made requiring a grade of any railroad track that shall exceed the established maximum or ruling grade governing the operation of that division or part of the railroad on which separation of grades is to be made without the consent of the company operating said railroad; nor shall the track or tracks of the companies concerned be required to be placed below high-water mark at the point where such change is made.

Formerly: Acts 1913, c.182, s.6. As amended by P.L.62-1984, SEC.96; P.L.384-1987(ss), SEC.60.
Ind. Code § 8-6-2.1-28 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-28
Payment of damages
Status: in_force

Sec. 28. (a) The board, upon the completion of the award of damages, if any, or upon the determination of the appeals taken, shall make out certificates for the proper amounts and in favor of the proper persons. Presentation of the certificates to the city controller or clerk-treasurer of the city entitles those persons to a warrant drawn on the city treasury. The controller or clerk-treasurer shall pay the persons named the amounts due them respectively, as shown by the certificates, out of the separate and specific funds derived from the sale of bonds and from benefit assessments provided for in section 30 of this chapter, or out of funds coming from equitable settlements between the parties, and these payments may not be made from any other source or funds.

(b) The certificates or vouchers shall, whenever practical, be tendered actually to the person entitled to them, but where this is impractical, they shall be kept for the persons in the office of the board, and the making and filing of the certificates, in all cases, is considered to be valid tender to the person entitled to them at the time or as soon as there are sufficient funds to pay them. They shall be delivered to the person on request. In case of dispute or doubt as to which of various persons the money shall be paid, the board shall make out the certificates in favor of the attorney appointed by the board for the use of the persons entitled to them, and the attorney shall draw the money and pay it into court, requiring the various claimants to interplead and have their respective rights determined.

(c) If an injunction is obtained because damages have not been paid or tendered, the board shall tender the amount of damages with interest from the time of the entry of the property, if any has been made, and all accrued costs. If there are sufficient funds to pay the certificate, the injunction shall be removed. The pendency of an appeal to the circuit court, superior court, or probate court of a county does not affect the validity of a tender made under this section, but the board may proceed with its appropriation of the property in question.

[Pre-Local Government Recodification Citation: 19-5-14-28.]

As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.84-2016, SEC.47.
Ind. Code § 8-23-5-3 — Indiana Code / Title 8 / Article 23 / Chapter 5 / Section 8-23-5-3
Construction of railroad viaducts
Status: in_force

Sec. 3. (a) The department may construct a viaduct where a railroad yard and tracks adjacent to a railroad yard intersect the direct route of a through street in a city or town that directly connects with a state highway designated as a principal arterial highway if the owner of the railroad yard or tracks agrees to grant an easement to build a viaduct. The easement shall be granted without compensation or damages allowed to the owner of the railroad yard or tracks.

(b) A viaduct authorized under subsection (a) shall be constructed according to plans and specifications adopted by the department in the same manner as state highways are constructed. The department may contract with the owner of the railroad yard or tracks to have the viaduct built by the owner of the railroad yard or tracks.

As added by P.L.18-1990, SEC.214.
Ind. Code § 8-23-17-26 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-26
Reimbursement of conveyance expenses, penalties, and real property taxes
Status: in_force

Sec. 26. The acquiring agency, as soon as practicable after the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation in eminent domain proceedings to acquire real property, whichever is the earlier, shall reimburse the owner, to the extent the agency head deems fair and reasonable, for expenses the owner necessarily incurred for:

(1) recording fees, transfer taxes, and similar expenses incidental to conveying the real property to the agency;

(2) penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering the real property; and

(3) the pro rata portion of real property taxes paid that are allocable to a period subsequent to the date of vesting title in the agency or the effective date of possession of the real property by the agency, whichever is the earlier.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-23-29-2 — Indiana Code / Title 8 / Article 23 / Chapter 29 / Section 8-23-29-2
Contract for study
Status: in_force

Sec. 2. The department shall contract with a third party to study transportation infrastructure funding mechanisms. The contract must include the following terms:

(1) A description of the funding mechanisms that will be studied. The funding mechanisms must include the following:

(A) An option that is based on variables, including vehicle gross weight and miles traveled.

(B) An option that accounts for variations in usage and degree of damage caused to transportation infrastructure by vehicles of different sizes and configurations.

(C) A flat per vehicle fee.

(D) Adjustments to one (1) or more of the following:

(i) The state gross retail tax on motor fuel imposed under IC 6-2.5-7.

(ii) The gasoline tax imposed under IC 6-6-1.1.

(iii) The special fuel tax imposed under IC 6-6-2.5.

(iv) The motor carrier fuel tax imposed under IC 6-6-4.1.

(E) Tolls.

(F) Any other mechanism the department determines is appropriate.

(2) The duration of the study, which must be an adequate length of time to ensure that a quality and comprehensive analysis of all topics will be thoroughly reviewed, but is not to exceed two (2) years.

(3) An inventory of the transportation infrastructure that will be maintained through revenue generated by the funding mechanisms included in the study. The inventory must include state and local highways, roads, and streets.

(4) The rating system by which the maintenance of the transportation infrastructure will be evaluated.

As added by P.L.208-2014, SEC.1. Amended by P.L.185-2018, SEC.30.
Ind. Code § 8-17-1-20 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-20
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.21. As amended by P.L.66-1984, SEC.82; P.L.86-1988, SEC.84. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-22-5-3 — Indiana Code / Title 8 / Article 22 / Chapter 5 / Section 8-22-5-3
Powers of political subdivisions of state in air navigation facilities of adjoining state
Status: in_force

Sec. 3. The governing body of any political subdivision of Indiana may acquire, establish, construct, own, control, lease, equip, improve, maintain, and operate airports, landing fields, or other air navigation facilities in an adjoining state if the statutes of the adjoining state permit that action, subject to statutes, rules, and regulations of the adjoining state applicable to its own political subdivisions in aeronautical projects, but subject to Indiana law in matters relating to the financing of such projects. The aeronautics commission of Indiana must approve the acquisition and establishment of an airport or landing field in an adjoining state before the acquisition or establishment.

[Pre-Local Government Recodification Citation: 19-6-4-4.]

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-1-40-13 — Indiana Code / Title 8 / Article 1 / Chapter 40 / Section 8-1-40-13
Installations of net metering facilities after December 31, 2017, and before expiration of tariff; continued service under tariff; successors in interest
Status: in_force

Sec. 13. (a) This section applies to a customer that installs a net metering facility (as defined in 170 IAC 4-4.2-1(k)) on the customer's premises:

(1) after December 31, 2017; and

(2) before the date on which the net metering tariff of the customer's electricity supplier terminates under section 10(1) or 10(2) of this chapter.

(b) A customer that is participating in an electricity supplier's net metering tariff on the date on which the electricity supplier's net metering tariff terminates under section 10(1) or 10(2) of this chapter shall continue to be served under the terms and conditions of the net metering tariff until:

(1) the customer removes from the customer's premises or replaces the net metering facility (as defined in 170 IAC 4-4.2-1(k)); or

(2) July 1, 2032;

whichever occurs earlier.

(c) A successor in interest to a customer's premises on which a net metering facility (as defined in 170 IAC 4-4.2-1(k)) that was installed during the period described in subsection (a) is located may, if the successor in interest chooses, be served under the terms and conditions of the net metering tariff of the electricity supplier that provides retail electric service at the premises until:

(1) the net metering facility (as defined in 170 IAC 4-4.2-1(k)) is removed from the premises or is replaced; or

(2) July 1, 2032;

whichever occurs earlier.

As added by P.L.264-2017, SEC.6.
Ind. Code § 8-21-4-6 — Indiana Code / Title 8 / Article 21 / Chapter 4 / Section 8-21-4-6
Liability; vicarious liability
Status: in_force

Sec. 6. (a) All offenses, torts, and other wrongs committed by or against an aeronaut or passenger while in flight over Indiana shall be governed by Indiana laws; and the question whether damage occasioned by or to an aircraft while in flight over Indiana constitutes an offense, tort, or other wrong by or against the owner of the aircraft shall be determined by Indiana laws.

(b) This article does not impose vicarious liability for damages on an owner of an aircraft who is not the pilot unless:

(1) the owner engages in negligent, reckless, knowing, intentional, or unlawful conduct that is the proximate cause of the damages;

(2) an agency relationship exists between the owner and the person who proximately caused the damages; or

(3) the owner's liability is based on the doctrine of respondeat superior.

(c) This article is not intended to modify or amend Indiana law with respect to:

(1) bailments; or

(2) bailor liability.

Formerly: Acts 1927, c.43, s.7. As amended by Acts 1978, P.L.2, SEC.861; P.L.102-2015, SEC.6.
Ind. Code § 8-15.5-5-9 — Indiana Code / Title 8 / Article 15.5 / Chapter 5 / Section 8-15.5-5-9
Freeway project; user fees
Status: in_force

Sec. 9. A freeway project is not subject to user fees otherwise authorized by this article.

As added by P.L.205-2013, SEC.155.
Ind. Code § 8-10-5-14 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-14
Miscellaneous provisions
Status: in_force

Sec. 14. Nothing contained in this chapter shall:

(a) impair the provisions of law or ordinance directing the payment of revenues derived from public property into sinking funds or dedicating such revenues to specific purposes;

(b) impair the powers of any county, township, or municipal corporation to develop or improve port and terminal facilities; or

(c) impair or interfere with the exercise of any permit for the removal of sand or gravel, or other similar permits issued by this state or the United States.

Formerly: Acts 1959, c.343, s.13. As amended by P.L.66-1984, SEC.24.
Ind. Code § 8-1-31-8 — Indiana Code / Title 8 / Article 1 / Chapter 31 / Section 8-1-31-8
Petition by eligible utility for rate adjustment
Status: in_force

Sec. 8. (a) Except as provided in subsection (d), an eligible utility may file with the commission a petition setting forth rate schedules establishing an amount that will allow the adjustment of the eligible utility's basic rates and charges to provide for recovery of infrastructure improvement costs. The adjustment:

(1) shall be calculated as a monthly fixed charge based upon meter size;

(2) shall not include recovery of any infrastructure improvement costs recovered by the eligible utility through contributions in aid of construction (as defined in IC 8-1-2-101.6); and

(3) in the case of a municipally owned utility or a not-for-profit utility, shall be recovered over a twelve (12) month period, regardless of the amount of time over which the infrastructure improvement costs were incurred.

(b) The eligible utility shall serve the office of the utility consumer counselor a copy of its filing at the time of its filing with the commission.

(c) Publication of notice of the filing is not required.

(d) An eligible utility may not file a petition under this section in the same calendar year in which the eligible utility has filed a request for a general increase in the basic rates and charges of the eligible utility.

As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.9; P.L.212-2015, SEC.8; P.L.91-2017, SEC.7; P.L.39-2023, SEC.1.
Ind. Code § 8-1-31.7-20 — Indiana Code / Title 8 / Article 1 / Chapter 31.7 / Section 8-1-31.7-20
Commission to adopt rules
Status: in_force

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 § 8-4-33-1 — Indiana Code / Title 8 / Article 4 / Chapter 33 / Section 8-4-33-1
Time for construction; areas to be enclosed
Status: in_force

Sec. 1. Any railroad corporation, lessee, or assignee or receiver, or other person or corporation, running, controlling, or operating, or that may after July 18, 1885, construct, build, run, control, or operate, any railroad into or through this state, shall, not later than July 18, 1886, and within twelve (12) months from the date of the construction and completion of any part of a line of road constructed after July 18, 1885, erect, build, construct, and thereafter maintain fences, which may be constructed of barbed wire, on both sides of such railroad throughout the entire length completed within the state of Indiana, sufficient and suitable to turn and prevent cattle, horses, mules, sheep, hogs, or other stock from getting on such road, except at the crossings of public roads and highways, and within such portions of cities and incorporated towns and villages as are on or after July 18, 1885, laid out and platted into lots and blocks, and shall also, in like manner and within the time herein before prescribed, construct, where the same has not already been done, and thereafter maintain, at all public road and highway crossings, existing on July 18, 1885, or established after July 18, 1885, barriers and cattle guards suitable and sufficient to prevent cattle, horses, sheep, hogs, and other stock from getting on such railroad; provided, however, when such fences and cattle guards are not made as herein provided, or when such fence or cattle guards are not kept in repair, such railroad corporation, or persons operating the same, shall be liable for all damages which may be done by the agents, employees, engineers, or cars of such corporation or person operating the same, to any such cattle, horses, sheep, hogs, or other stock thereon; provided, however, that such railroad corporation or other person operating the same shall not be required to fence such railroad track through unimproved and uninclosed lands, and the provisions of this chapter shall not apply to such parts and portions of any such railroad which runs through unimproved and uninclosed lands, but when such lands become improved and inclosed on three (3) sides, the same shall apply, and such railroad corporation or person operating the same shall be required to fence the same under the provisions of this chapter within six (6) months from the date of such inclosure.

Formerly: Acts 1885(ss), c.91, s.1. As amended by P.L.62-1984, SEC.89.
Ind. Code § 8-10-1-19 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-19
Mandamus or other action compelling compliance with law
Status: in_force

Sec. 19. Any holder of bonds issued under the provisions of this chapter or any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights given in this chapter may be restricted by the authorizing resolution or trust agreement, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the statutes of the state or granted under this chapter or under such trust agreement, or the resolution authorizing the issuance of such bonds, and may enforce and compel the performance of all duties required by this chapter or by such trust agreement or resolution to be performed by the ports of Indiana or by any officer thereof, including the fixing, charging, and collecting of fees, tolls, rentals, or other charges for the use of the port or project.

Formerly: Acts 1961, c.11, s.19. As amended by P.L.66-1984, SEC.8; P.L.224-2003, SEC.218 and P.L.271-2003, SEC.18; P.L.98-2008, SEC.29.
Ind. Code § 8-1-8.5-3.3 — Indiana Code / Title 8 / Article 1 / Chapter 8.5 / Section 8-1-8.5-3.3
Integrated resource plans submitted after June 30, 2023; director's evaluation of preferred resource portfolio for attributes of electric utility service specified in state policy
Status: in_force

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, "electric utility" refers to an electric utility listed in 170 IAC 4-7-2(a).

(c) In reviewing an integrated resource plan that is submitted to the commission by an electric utility under section 3(e)(2) of this chapter after June 30, 2023, the director of the commission's research, policy, and planning division shall evaluate and comment in the commission's final director's report for the plan as to whether the electric utility's preferred resource portfolio takes into account the attributes of electric utility service set forth in IC 8-1-2-0.6, including:

(1) reliability;

(2) affordability;

(3) resiliency;

(4) stability; and

(5) environmental sustainability;

as described in IC 8-1-2-0.6.

As added by P.L.55-2023, SEC.3.
Ind. Code § 8-1-32.4-1 — Indiana Code / Title 8 / Article 1 / Chapter 32.4 / Section 8-1-32.4-1
Application of definitions
Status: in_force

Sec. 1. Except as otherwise provided, the definitions in IC 8-1-2.6 apply throughout this chapter.

As added by P.L.27-2006, SEC.54.
Ind. Code § 8-4-25-3 — Indiana Code / Title 8 / Article 4 / Chapter 25 / Section 8-4-25-3
Limitation on amount
Status: in_force

Sec. 3. No railway company shall, under the provisions of this chapter, indorse or guarantee the bonds of any such railway company or companies as is above mentioned to an amount exceeding one-half (1/2) of the par value of the stock of the railway company so indorsing or guaranteeing as authorized under this chapter.

Formerly: Acts 1883, c.127, s.3. As amended by P.L.62-1984, SEC.81.
Ind. Code § 8-15.7-8-4 — Indiana Code / Title 8 / Article 15.7 / Chapter 8 / Section 8-15.7-8-4
Financing terms determined by public-private agreement
Status: in_force

Sec. 4. The financing of a qualifying project may be in the amounts and upon the terms and conditions that are determined by the parties to the public-private agreement.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-21-5-1 — Indiana Code / Title 8 / Article 21 / Chapter 5 / Section 8-21-5-1
Liability; guests defined
Status: in_force

Sec. 1. (a) As used in this section, "child" or "stepchild" includes a child or stepchild of any age.

(b) The owner, operator, or person responsible for the operation of an aircraft is not liable for loss or damage arising from injuries to or the death of his:

(1) parent;

(2) spouse;

(3) child or stepchild;

(4) brother; or

(5) sister;

resulting from the operation of the aircraft while the parent, spouse, child or stepchild, brother, or sister was being transported without payment therefor in the aircraft, unless the injuries or death are caused by the wanton or willful misconduct of the operator, owner, or person responsible for the operation of the aircraft.

Formerly: Acts 1951, c.192, s.1. As amended by P.L.68-1984, SEC.1.
Ind. Code § 8-9.5-8-12 — Indiana Code / Title 8 / Article 9.5 / Chapter 8 / Section 8-9.5-8-12
Repealed
Status: repealed

As added by P.L.109-1983, SEC.3. Repealed by P.L.68-1988, SEC.17.
Ind. Code § 8-23-17-19 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-19
Cooperation with other agencies
Status: in_force

Sec. 19. An agency causing displacement of a person shall cooperate to the maximum feasible extent with federal, state, or local agencies administering programs that may be of assistance to displaced persons, in order to assure that displaced persons receive the maximum assistance available to them.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-21-9-28 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-28
Revenue bonds to constitute legal investments for various institutions and fiduciaries
Status: in_force

Sec. 28. Revenue bonds issued by the department under the provisions of this chapter shall constitute legal investments for any private trust funds, and the funds of any banks, trust companies, insurance companies, building and loan associations, credit unions, banks of discount and deposit, savings banks, loan and trust and safe deposit companies, rural loan and savings associations, mortgage guaranty companies, small loan companies and industrial loan and investment companies, and any other financial institutions organized under the laws of the state of Indiana. Such bonds are hereby made securities in which all public officers and public agencies of the state and its political subdivisions may legally and properly invest funds and such bonds may be properly and legally deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized by law.

Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.359; P.L.42-1993, SEC.9.
Ind. Code § 8-23-7-3 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-3
Railroad rights-of-way
Status: in_force

Sec. 3. The department may transfer fee simple title or a lesser interest in property to a railroad for a right-of-way.

As added by P.L.18-1990, SEC.216.
Ind. Code § 8-15.5-4-9 — Indiana Code / Title 8 / Article 15.5 / Chapter 4 / Section 8-15.5-4-9
Public hearing on preliminary selection and agreement
Status: in_force

Sec. 9. (a) If the authority makes a preliminary selection of an operator under section 8 of this chapter, the authority shall schedule a public hearing on the preliminary selection and the terms of the public-private agreement for the project. The hearing shall be conducted in the county seat of any Indiana county in which the proposed project is to be located.

(b) At least ten (10) days before the public hearing, the authority shall post on its website:

(1) the proposal submitted by the offeror that has been preliminarily selected as the operator for the project, except for those parts of the proposal that are confidential under this article; and

(2) the proposed public-private agreement for the project.

(c) At least ten (10) days before the public hearing, the authority shall:

(1) post notice of the public hearing on the authority's website; and

(2) publish notice of the hearing one (1) time in accordance with IC 5-3-1 in two (2) newspapers of general circulation in the Indiana county in which the proposed project is to be located.

(d) The notices required by subsection (c) must include the following:

(1) The date, time, and place of the hearing.

(2) The subject matter of the hearing.

(3) A description of the project and of the public-private agreement to be awarded.

(4) The identity of the offeror that has been preliminarily selected as the operator for the project.

(5) The address and telephone number of the authority.

(6) A statement indicating that, subject to section 6 of this chapter, and except for those portions that are confidential under this chapter, the following are available on the authority's website and are also available for public inspection and copying at the principal office of the authority during regular business hours:

(A) The selected offer.

(B) An explanation of the basis upon which the preliminary selection was made.

(C) The proposed public-private agreement for the project.

(e) At the hearing, the authority shall allow the public to be heard on the preliminary selection of the operator for the proposed project and the terms of the public-private agreement for the proposed project.

As added by P.L.47-2006, SEC.39. Amended by P.L.85-2010, SEC.8; P.L.205-2013, SEC.147; P.L.91-2014, SEC.24; P.L.1-2025, SEC.129.
Ind. Code § 8-15.7-8-9 — Indiana Code / Title 8 / Article 15.7 / Chapter 8 / Section 8-15.7-8-9
Debt issued for qualifying project not a debt or pledge of the state or a political subdivision
Status: in_force

Sec. 9. Any bonds, debt, other securities, or other financing issued for the purposes of this article shall not be considered to constitute a debt of the state or any political subdivision of the state or a pledge of the faith and credit of the state or any political subdivision.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-1-11.1-20 — Indiana Code / Title 8 / Article 1 / Chapter 11.1 / Section 8-1-11.1-20
Revenue obligations; issuance; authorized purposes
Status: in_force

Sec. 20. The board of directors for utilities may issue revenue obligations for any one or more of the following purposes:

(1) For the purpose of obtaining funds with which to pay for the acquisition of any utility property which any such city shall have acquired or shall have the right to and shall determine to acquire, or which any such city may have taken over as trustee for the inhabitants thereof, including any money required to be paid for the purpose of redeeming or extinguishing the capital stock of any utility whose property has been or may be so taken over and for the purpose of paying any outstanding obligations of any utility subject to which the property is or may be held in trust for the inhabitants thereof, or for the purpose of making necessary betterments, improvements, extensions or additions to any utility property owned or held in trust by any such city, including all costs necessarily incurred in connection with the acquisition of any such property or taking it over in trust or the paying off of any such indebtedness or the making of any such betterments, improvements, extensions, or additions thereto.

(2) For the purpose of reimbursing the department of public utilities, or its board of directors for utilities for funds borrowed, expended or advanced for interim financing of the cost of any utility property, or any betterments, improvements, extensions or additions thereto.

(3) Subject to covenants and agreements with the holders of outstanding obligations, for the purpose of funding or refunding revenue obligations. If the board of directors for utilities determines that it would be advantageous to the department of public utilities to exchange funding or refunding obligations for the revenue obligations being funded or refunded, such exchange may be made, provided the actual interest cost is not increased.

[Pre-Local Government Recodification Citation: 19-3-24-20.]

As added by Acts 1981, P.L.11, SEC.43.
Ind. Code § 8-17-1-10 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-10
Invitations to bid; notice
Status: in_force

Sec. 10. When any highway or part of a highway is constructed, reconstructed, or improved, the county executive shall order the auditor to give notice, in accordance with IC 5-3-1, that, on a day to be named by the executive in an order, sealed proposals will be received by the executive for the improvement in accordance with IC 36-1-12. However, if the proposed improvement includes any bridge having a total span of more than twenty (20) feet, the executive shall receive separate bids for the bridge, and shall enter into a separate contract to build the bridge.

Formerly: Acts 1919, c.112, s.11. As amended by Acts 1981, P.L.57, SEC.22; P.L.86-1988, SEC.76.
Ind. Code § 8-10-9-3 — Indiana Code / Title 8 / Article 10 / Chapter 9 / Section 8-10-9-3
Establishment of district; boundaries
Status: in_force

Sec. 3. (a) There is established in each city to which this chapter applies a waterway management district.

(b) The district includes all territory, including both dry land and water, within a distance of one-half (1/2) mile on either side of the center line of any waterway within the city in which the district is established, excluding the land and water occupied by any marina owned by a unit of government located in the strip of land in Indiana abutting Lake Michigan and the tributaries of Lake Michigan.

(c) The district boundary is formed by an imaginary line one-half (1/2) mile distant from the center line of a waterway in all directions. However, the boundary of the district does not extend beyond the boundaries of the city in which the district is located in those areas where the city boundary is located less than one-half (1/2) mile from the center line of a waterway.

As added by P.L.56-1994, SEC.2. Amended by P.L.1-1995, SEC.57; P.L.197-2011, SEC.34; P.L.114-2022, SEC.13.
Ind. Code § 8-1-27-19 — Indiana Code / Title 8 / Article 1 / Chapter 27 / Section 8-1-27-19
Ongoing review of cost and implementation of plan; progress report; recovery of costs; approval or disapproval by commission; effect
Status: in_force

Sec. 19. (a) In addition to the review of the continued appropriateness of an environmental compliance plan under section 18 of this chapter, the commission shall, at the request of a public utility, conduct an ongoing review of the cost and implementation of the public utility's approved environmental compliance plan. The public utility that has filed a compliance plan under this chapter shall submit to the commission:

(1) each year; or

(2) at other times the commission and the public utility agree on;

a progress report that includes any information the commission may require.

(b) If the commission approves the cost and implementation of the part of the environmental compliance plan under review, then, absent fraud, concealment, or gross mismanagement, the approval forecloses subsequent challenges to:

(1) the recovery in rates of those costs; and

(2) if the public utility is allowed by law to earn a return on the public utility's investment, the addition to fair value of the public utility's property of the fair value of a completed capital project, or part of a capital project, that:

(A) is constructed and consists of:

(i) new systems, equipment, or facilities; or

(ii) modifications to existing systems, equipment, or facilities; and

(B) is part of the environmental compliance plan implementation approved by the commission;

up to the amount approved under section 8(2) or 13 of this chapter, whichever is applicable. The public utility may not recover costs in excess of the cost estimate approved by the commission under section 8(2) or 13 of this chapter, whichever is applicable, unless the commission finds that the additional costs were necessary and prudent.

(c) If the commission does not issue an order disapproving all or part of the implementation of the part of the environmental compliance plan under review within six (6) months of the commencement of the commission's review, the commission shall be considered to have approved all of the implementation of that part of the environmental compliance plan, unless the commission issues an order extending the time for such review.

(d) Except as provided in subsection (e), costs otherwise recoverable by a public utility under subsection (b) shall be recovered only through a general rate proceeding for the public utility and, to the extent such costs provide the public utility with a return of, or a return on, the public utility's investment in a completed capital project, or portion of a capital project, such costs shall be so recovered only if the capital project, or portion of the capital project, is found by the commission to be used and useful.

(e) Costs otherwise recoverable by a public utility under subsection (b) that also qualify for recovery under IC 8-1-2-6.6 shall be recovered by the public utility when and as provided under IC 8-1-2-6.6.

(f) This section applies instead of sections 12 and 16 of this chapter for a public utility that elects the review described in this section.

(g) If the commission disapproves all or part of the implementation of the part of the environmental compliance plan under review:

(1) the commission may, consistent with sections 8 and 10 of this chapter, issue an order withdrawing the commission's approval of all or part of the environmental compliance plan; and

(2) the public utility may voluntarily submit a modified environmental compliance plan to the commission for the commission's review and approval under this chapter.

If the commission issues an order approving all or part of the modified environmental compliance plan, the environmental compliance plan constitutes the public utility's approved environmental compliance plan for purposes of this chapter.

As added by P.L.76-1991, SEC.1.
Ind. Code § 8-21-3-5 — Indiana Code / Title 8 / Article 21 / Chapter 3 / Section 8-21-3-5
Injunction of operation of aircraft
Status: in_force

Sec. 5. If the person required to furnish proof of financial responsibility in the future or if the person required to furnish financial security under this chapter, neglects or refuses to comply with such requirements, the attorney general or the prosecuting attorney of the county in which such party resides, may, in accordance with the laws of the state of Indiana governing injunctions, maintain an action in the name of the state of Indiana to enjoin such person neglecting or refusing to comply with the financial responsibility or security requirements of this chapter from engaging in the operation of any aircraft or causing to be operated any aircraft within this state until such person has complied with such requirements or until such person has, by final judicial determination, been proved not legally liable for, or has been released from all liability for damages resulting from such aircraft accident.

Formerly: Acts 1951, c.267, s.5. As amended by Acts 1980, P.L.74, SEC.320; P.L.50-2024, SEC.4.
Ind. Code § 8-1-7.9-16 — Indiana Code / Title 8 / Article 1 / Chapter 7.9 / Section 8-1-7.9-16
"Reasonable risk premium"
Status: in_force

Sec. 16. As used in this chapter, "reasonable risk premium" means compensation:

(1) negotiated between an energy utility and a large load customer; and

(2) paid by the large load customer.

As added by P.L.217-2025, SEC.2.
Ind. Code § 8-4-24-5 — Indiana Code / Title 8 / Article 4 / Chapter 24 / Section 8-4-24-5
Place of sale
Status: in_force

Sec. 5. So much of any railroad as lies in this state and is embraced in the mortgage or mortgages sought to be foreclosed may be sold at such sale as an entirety; and the court making a decree or order of sale may declare, in the order, where the principal office of the railroad company is situate within the state, and may order the sale to be made at the court-house door of the county in which the principal office within the state is situate.

Formerly: Acts 1861, c.78, s.5.
Ind. Code § 8-14-15.1-10 — Indiana Code / Title 8 / Article 14 / Chapter 15.1 / Section 8-14-15.1-10
Trust amendments prohibited
Status: in_force

Sec. 10. A trust established under this chapter may not be revoked or terminated by the authority, the board, the treasurer of state, or any other person, nor may it be amended or altered by the authority, the board, the treasurer of state, or any other person. However, the terms of the trust provide that the trust terminates when no funds remain in the trust.

As added by P.L.217-2017, SEC.69.
Ind. Code § 8-4-31-1 — Indiana Code / Title 8 / Article 4 / Chapter 31 / Section 8-4-31-1
Insurance; actions against railroads
Status: in_force

Sec. 1. Each railroad corporation owning or operating a railroad in this state shall be responsible in damage to every person or corporations whose property may be injured or destroyed by fire communicated directly or indirectly by locomotive engines in use upon the railroad owned or operated by such railroad corporations, and each such railroad corporation shall have an insurable interest in the property upon the route of the railroad owned or operated by it, and may procure insurance thereon in its own behalf for its protection against such damages; Provided, In all actions instituted under this chapter, the burden of proving the defense of contributory negligence shall be upon the defendant; Such defense may be provided without special plea; Provided, That this chapter shall not be construed to prevent or affect in any wise fire clauses which may be inserted in contracts between railroad companies and other parties relative to the construction of and operation over private sidetracks; Provided further, That the liability imposed herein shall also include reimbursement to volunteer fire departments for fighting fires caused by any railroad corporation.

Formerly: Acts 1911, c.107, s.1; Acts 1972, P.L.62, SEC.1.
Ind. Code § 8-1-2.2-2 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-2
Definitions
Status: in_force

Sec. 2. (a) The definitions in this section apply throughout this chapter.

(b) "Bonds" means electric utility revenue bonds, notes, and other evidences of indebtedness of a municipality or a joint agency issued under the provisions of this chapter.

(c) "Cost" or "cost of a project" means but may not be limited to the cost of acquisition, construction, reconstruction, improvement, enlargement, betterment, extension, decommissioning, or disposal of any project or part thereof, including:

(1) the cost of studies, plans, specifications, surveys, and estimates of costs and revenues relating thereto;

(2) the cost of land, land rights, rights-of-way and easements, water rights, fees, permits, approvals, licenses, certificates, franchises, and the preparation of applications thereof;

(3) administrative, legal, engineering, and inspection expenses;

(4) financing fees, expenses, and costs;

(5) working capital;

(6) initial fuel costs;

(7) interest on the bonds during the period of construction and for such reasonable period thereafter as may be determined by the issuing municipality or joint agency;

(8) establishment of reserves for the payment of debt service, for renewals and replacements, for working capital, for operating expenses, and for any other purposes deemed reasonable and proper; and

(9) all other expenditures of the issuing municipality or joint agency incidental, necessary, or convenient to the acquisition, construction, reconstruction, improvement, enlargement, betterment, extension, decommissioning, or disposal of any project and the placing of the same in operation.

(d) "Governing body" means the legislative body of a city or town or commissioners of a joint agency.

(e) "Joint agency" means an agency created by two (2) or more municipalities pursuant to section 8 of this chapter.

(f) "Municipality" means:

(1) a city or town in Indiana, or any board, agency, or commission of a city or town in Indiana, owning and operating on January 1, 1980, an electric utility that furnishes retail electric service to the public; or

(2) a city or town outside Indiana, or any board, agency, or commission of a city or town outside Indiana, owning and operating an electric utility that furnishes retail electric service to the public.

(g) "Project" means any plant, works, system, or facilities, and other real and personal property of any nature whatsoever necessary or convenient in the generation, transmission, transformation, purchase, sale, exchange, or interchange of electric power and energy or steam, or the development, production, manufacture, procurement, handling, storage, fabrication, enrichment, processing, or reprocessing of fuel of any kind or any facility or rights with respect to the supply of water, by any means whatsoever or any interest therein or any rights to the use, output, or capacity thereof. A transmission contract entered into under section 9(a)(14) of this chapter is not a project.

(h) "Public utility" means any corporation, company, limited liability company, partnership, or other form of legal entity, individual, association of individuals, or public agency organized under the laws of Indiana or another state of the United States authorized to own, operate, or control any plant or equipment for the generation, transmission, or distribution of electric power and energy and to sell electric power and energy to:

(1) the public;

(2) public or municipally owned utilities (as defined in IC 8-1-2); or

(3) cooperatives.

(i) "State" means the state of Indiana.

As added by Acts 1980, P.L.68, SEC.1. Amended by P.L.23-1988, SEC.29; P.L.82-1988, SEC.1; P.L.8-1989, SEC.39; P.L.179-1991, SEC.12; P.L.1-1992, SEC.29; P.L.54-1992, SEC.2; P.L.1-1993, SEC.48; P.L.81-1997, SEC.2; P.L.36-2017, SEC.1.
Ind. Code § 8-15.5-2-6 — Indiana Code / Title 8 / Article 15.5 / Chapter 2 / Section 8-15.5-2-6
"Private entity"
Status: in_force

Sec. 6. "Private entity" means any individual, sole proprietorship, corporation, limited liability company, joint venture, general partnership, limited partnership, nonprofit entity, or other private legal entity. A governmental entity may provide services to a private entity without affecting the private status of the private entity and the ability to enter into a public-private agreement.

As added by P.L.47-2006, SEC.39. Amended by P.L.91-2014, SEC.19.
Ind. Code § 8-23-17-17 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-17
Allowance for down payment and closing costs for purchase of adequate replacement dwelling
Status: in_force

Sec. 17. (a) In lieu of the amount determined under section 16 of this chapter, the agency may make a payment to the displaced person in an amount necessary to enable the person to make a down payment on the purchase of an adequate replacement dwelling, not in excess of two thousand five hundred dollars ($2,500).

(b) In addition to any payment payable under subsection (a), the agency shall pay reasonable expenses incurred by the displaced person for evidence of title, recording fees, and other closing costs incidental to the purchase of the replacement dwelling, but not including prepaid expenses.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-4.5-1-19 — Indiana Code / Title 8 / Article 4.5 / Chapter 1 / Section 8-4.5-1-19
Repealed
Status: repealed

As added by P.L.40-1995, SEC.3. Repealed by P.L.158-1999, SEC.21.
Ind. Code § 8-10-5-8.5 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-8.5
Powers of port authorities in certain counties
Status: in_force

Sec. 8.5. Port authorities created in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000), shall have all the powers of port authorities provided under section 8 of this chapter except the power to exercise eminent domain as provided in section 8(a)(7) of this chapter in any city having a population of:

(1) more than seventy-five thousand (75,000) and less than seventy-nine thousand (79,000); or

(2) more than twenty-six thousand (26,000) and less than twenty-eight thousand (28,000).

Formerly: Acts 1975, P.L.86, SEC.3. As amended by P.L.12-1992, SEC.63; P.L.170-2002, SEC.63; P.L.1-2003, SEC.49; P.L.49-2010, SEC.3; P.L.119-2012, SEC.88; P.L.104-2022, SEC.64.
Ind. Code § 8-4.5-5-9 — Indiana Code / Title 8 / Article 4.5 / Chapter 5 / Section 8-4.5-5-9
Waiver for acquisition of real property
Status: in_force

Sec. 9. (a) Notwithstanding section 7(1) of this chapter, if there is extreme urgency involving real property acquisition, the board may grant an applicant's request for a waiver to acquire the real property immediately.

(b) A request for a waiver under subsection (a) must be in writing and include all of the following:

(1) Justification for the urgency of the acquisition.

(2) A description of the real property to be acquired.

(3) A county map showing the location of the real property to be acquired.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-10-4-6 — Indiana Code / Title 8 / Article 10 / Chapter 4 / Section 8-10-4-6
Application of certain provisions
Status: in_force

Sec. 6. The following provisions apply to this chapter:

(1) IC 8-10-1-4.

(2) IC 8-10-1-10.

(3) IC 8-10-1-13.

(4) IC 8-10-1-14.

(5) IC 8-10-1-15.

(6) IC 8-10-1-16.

(7) IC 8-10-1-19.

(8) IC 8-10-1-25.

(9) IC 8-10-1-27.

(10) IC 8-10-1-30.

As added by P.L.224-2003, SEC.231 and P.L.271-2003, SEC.31.
Ind. Code § 8-1-32.7-3 — Indiana Code / Title 8 / Article 1 / Chapter 32.7 / Section 8-1-32.7-3
"I-Light"
Status: in_force

Sec. 3. As used in this chapter, "I-Light" refers to the high speed communications network that connects state educational institutions and private postsecondary educational institutions throughout Indiana. The term includes the networks, and any successor networks, known at any time as I-Light or I-Light 2, or any other version or iteration of those names, or by any other designation.

As added by P.L.79-2012, SEC.1.
Ind. Code § 8-20-1-4 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-4
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.4. As amended by P.L.353-1983, SEC.5. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-23-9-58 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-58
Utility facilities; costs and delays due to facility relocations; contractor's right to compensation or expenses
Status: in_force

Sec. 58. (a) This section applies to a construction contract entered into by the department and a contractor after June 30, 2005.

(b) The department may not include in a contract, or in any specifications or other documents that are a part of or incorporated in a contract, a provision that prohibits a contractor from receiving, or restricts the contractor in receiving, reasonable compensation or reasonable expenses directly related to unforeseen conditions encountered during the construction project as a result of:

(1) a conflict with the facilities of a utility (as defined in IC 8-1-9-2(a)); or

(2) delays due to the relocation of utility facilities;

that differ materially from the affected utilities or utility relocations specified in the contract documents.

As added by P.L.35-2005, SEC.3.
Ind. Code § 8-1.5-2-3 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-3
Disposition, construction, and acquisition of utilities; lease and operation of waterworks facilities
Status: in_force

Sec. 3. (a) Subject to restrictions imposed by a bond ordinance, resolution, indenture, contract under IC 8-1-2.2, or similar instrument binding upon it, a municipality may sell or otherwise dispose of any of its municipally owned utilities under this chapter.

(b) A municipality may own, lease, acquire, or construct a utility within the corporate boundaries of the municipality, and within a radius of six (6) miles from those boundaries or any place within the county in which the municipality is located, under this chapter without the consent of any agency other than the municipal legislative body. Waterworks facilities may be leased from a public utility and operated in conjunction with its municipal waterworks, whether or not the leased facilities are located within the corporate boundaries of the municipality, if the area served by the leased facilities outside those boundaries is contiguous to, or within one (1) mile of, those boundaries. For purposes of IC 36-4-3, a municipality that leases and operates waterworks serving such an area is considered to be furnishing water service to the area.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-3-1.5-18 — Indiana Code / Title 8 / Article 3 / Chapter 1.5 / Section 8-3-1.5-18
Contracts for rebuilding and maintaining rail properties
Status: in_force

Sec. 18. The department may contract for the rebuilding of any rail properties acquired pursuant to this chapter, within the provisions of the Regional Rail Reorganization Act of 1973, or any other appropriate legislation. The department may also spend any sums appropriated, as well as any other available funds, for the modernization and rebuilding of any rail properties owned by the state or by a private carrier. The department may do any maintenance on any rail properties owned by the State as is necessary in the public interest.

Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.57.
Ind. Code § 8-1-8.8-9 — Indiana Code / Title 8 / Article 1 / Chapter 8.8 / Section 8-1-8.8-9
"Qualified utility system property"
Status: in_force

Sec. 9. As used in this chapter, "qualified utility system property" means any:

(1) new energy production or generating facility; or

(2) nuclear energy production or generating facility;

used, or to be used, in whole or in part, by an energy utility to provide retail energy service (as defined in IC 8-1-2.5-3) regardless of whether that service is provided under IC 8-1-2.5 or another provision of this article.

As added by P.L.159-2002, SEC.6. Amended by P.L.175-2007, SEC.17; P.L.150-2011, SEC.9.
Ind. Code § 8-1-17-23 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-23
Articles of incorporation; amendment; change in territory served; commission review; notice to facilities based local exchange carriers; issuance of new or amended certificate of territorial authority; request for additional information; filing of amended articles
Status: in_force

Sec. 23. (a) A cooperative corporation may amend its articles of incorporation to change its corporate name, to increase or reduce the number of its directors, or to change any other provisions set forth in the articles. However, any change of location of the principal office shall be effected in the manner set forth in section 24 of this chapter. An amendment under this section may be accomplished by filing articles of amendment, along with any notice of change required under IC 8-1-32.5-12, with the commission. The articles of amendment shall be entitled and endorsed "Articles of Amendment of ______________" (the blank space being filled in with the name of the cooperative corporation) and must include the following:

(1) The name of the cooperative corporation, and if it has been changed, the name under which it was originally incorporated.

(2) The date of filing the articles of incorporation in each public office where filed.

(3) Whether the statement of counties within which the corporation's operations are to be conducted is to be changed, and if so a new statement of the counties in which the corporation will operate.

(4) An affidavit, signed by the officer executing the articles of amendment, stating that the provisions of this section were complied with.

(b) The amended articles shall be subscribed in the name of the cooperative corporation by the appropriate officers of the cooperative corporation, who shall make and annex an affidavit stating that they have been authorized to execute and file the amended articles by a resolution duly adopted at a meeting of the cooperative corporation duly called and held as provided in section 9 of this chapter. If by any amendment to the articles of incorporation, the territory proposed to be served by the cooperative corporation is to be increased or decreased, the appropriate officers of the cooperative corporation shall submit to the commission:

(1) an application for a new certificate of territorial authority under IC 8-1-32.5-6; or

(2) a notice of change under IC 8-1-32.5-12(7), as allowed by the commission.

(c) Upon receipt of an application or a notice of change under subsection (b), the commission shall conduct the review required under IC 8-1-32.5-8. If the applicant is a local cooperative corporation and will provide local exchange service under the new certificate of territorial authority, the commission shall give written notice of the proposed change in the corporation's territory to each facilities based local exchange carrier operating in contiguous territory in the manner provided in section 5 of this chapter. If the commission, after conducting the review required by IC 8-1-32.5-8 and any hearing allowed under IC 8-1-32.5-9, determines that the amended articles and the application or notice of change under IC 8-1-32.5 are accurate, complete, and properly verified, the commission shall:

(1) issue a new or amended certificate under IC 8-1-32.5 that reflects the increase or decrease in the territory served by the corporation; and

(2) enter an order approving the amended articles of the cooperative corporation.

(d) If the commission, after conducting the review required by IC 8-1-32.5-8 and any hearing allowed under IC 8-1-32.5-9, determines that the amended articles or an application or notice of change under IC 8-1-32.5 is inaccurate, incomplete, or not properly verified, the commission shall:

(1) request the corporation to provide additional information; or

(2) notify the corporation of the corporation's right to:

(A) appeal the commission's determination under IC 8-1-3; or

(B) file the amended articles or an application or notice of change under IC 8-1-32.5 at a later date, without prejudice;

under IC 8-1-32.5-8.

(e) An amendment increasing or decreasing the territory to be served by a cooperative corporation shall not be filed in the office of the secretary of state or of any county recorder unless there is attached to the amendment a certified copy of an order of the commission under subsection (c)(2). The amended articles shall be filed in the same places as the original articles of incorporation and upon filing the amendment shall be considered to have been effected.

Formerly: Acts 1951, c.193, s.24. As amended by P.L.59-1984, SEC.83; P.L.145-1999, SEC.4 and P.L.198-1999, SEC.6; P.L.27-2006, SEC.49; P.L.81-2020, SEC.13.
Ind. Code § 8-1-31.7-9 — Indiana Code / Title 8 / Article 1 / Chapter 31.7 / Section 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
Status: in_force

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 proposed service enhancement improvement or improvements. The eligible utility must file with the commission a petition and a case in chief, including supporting information described in section 10 or 11 of this chapter, as applicable. If the petition includes a request for an allocation of costs under IC 8-1-30.3-6.5, the eligible utility shall provide a copy of:

(1) the petition; and

(2) the eligible utility's case in chief;

to each intervenor in the eligible utility's last general rate case.

(b) After holding a public hearing for which proper notice is given under IC 8-1-1-8, the commission shall preapprove the eligible utility's plan under this section if the commission makes the required findings under section 10 or 11 of this chapter, as applicable. If the service enhancement improvement is not described in section 7(1)(A) of this chapter, the commission shall preapprove the eligible utility's plan under this section if the commission makes the required finding under section 7(1)(B)(ii) of this chapter.

(c) The commission shall issue its final order on the petition not later than two hundred ten (210) days after the filing of the eligible utility's case in chief.

(d) An eligible utility may have more than one (1) plan, and an eligible utility may file separate petitions for separate plans.

(e) An eligible utility is not required to seek preapproval of a plan in order to seek recovery under section 12 of this chapter for:

(1) service enhancement improvements that are described in section 7(2)(A) of this chapter; or

(2) costs that are described in section 7(2)(B) or 7(2)(C) of this chapter.

(f) This subsection does not apply to an adjustment rider under section 12 of this chapter for the recovery of costs described in section 7(2)(B) or 7(2)(C) of this chapter. If the commission approves an eligible utility's plan under this section, or if approval is otherwise not required, the commission shall approve a rider authorizing timely recovery of the eligible utility's service enhancement improvement costs under section 12 of this chapter. The following apply to the utility's timely recovery:

(1) Eighty percent (80%) of the eligible utility's service enhancement improvement costs shall be recovered by the eligible utility through a periodic rate adjustment mechanism that allows the timely recovery of the approved service enhancement improvement costs.

(2) Twenty percent (20%) of the eligible utility's service enhancement improvement costs, including depreciation, allowance for funds used during construction, and post in service carrying costs, compounded monthly and based on the overall cost of capital most recently approved by the commission, shall be deferred and recovered by the eligible utility as part of its next general rate case filed by the eligible utility with the commission.

(3) Actual costs that exceed by more than twenty-five percent (25%) the projected costs set forth in the eligible utility's plan approved under this section require specific justification by the eligible utility and specific approval by the commission before being authorized in the next general rate case filed by the eligible utility with the commission.

As added by P.L.137-2020, SEC.15. Amended by P.L.100-2023, SEC.2; P.L.127-2026, SEC.5.
Ind. Code § 8-2.1-17-20 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-20
"TNC rider"
Status: in_force

Sec. 20. "TNC rider" means an individual who uses a TNC's digital network to connect with a TNC driver who provides to the individual a prearranged ride:

(1) in the TNC driver's personal vehicle; and

(2) between points chosen by the individual.

As added by P.L.175-2015, SEC.8.
Ind. Code § 8-1-22.6-5 — Indiana Code / Title 8 / Article 1 / Chapter 22.6 / Section 8-1-22.6-5
"Guidelines"
Status: in_force

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 added by P.L.110-2007, SEC.1.
Ind. Code § 8-3-22-9 — Indiana Code / Title 8 / Article 3 / Chapter 22 / Section 8-3-22-9
Withdrawal from compact; default; termination of compact
Status: in_force

Sec. 9. (a) Withdrawal from this compact shall be by enactment of a statute repealing the compact and takes effect one (1) year after the effective date of the statute.

(b) A withdrawing state is liable for any obligations that the withdrawing state may have incurred before the effective date of withdrawal.

(c) If, at any time, a compacting state defaults in the performance of any of its obligations, assumed or imposed, in accordance with the provisions of this compact, all rights, privileges, and benefits conferred by this compact or agreements under the compact shall be suspended from the effective date of the compacting state's default, as fixed by the commission.

(d) The commission shall stipulate the conditions and maximum time for compliance under which the defaulting state may resume its regular status.

(e) Unless the default is remedied under the stipulations and within the time set forth by the commission, this compact may be terminated with respect to the defaulting state by affirmative vote of a majority of the other commission members.

(f) A defaulting state may be reinstated, upon vote of the commission, by performing all acts and obligations as stipulated by the commission.

As added by P.L.131-2000, SEC.1.
Ind. Code § 8-1-31.5-4 — Indiana Code / Title 8 / Article 1 / Chapter 31.5 / Section 8-1-31.5-4
"Adjustment revenues"
Status: in_force

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 § 8-4-24-6 — Indiana Code / Title 8 / Article 4 / Chapter 24 / Section 8-4-24-6
Surrender or assignment of stock; acquisition of stock in reorganized company
Status: in_force

Sec. 6. In case of the sale of a railroad, or any part thereof, as in section 1 of this chapter mentioned, full power is hereby given to the corporate authorities of the several counties, cities, townships, and other municipal corporations holding stock in the company by which such railroad was owned, and to all persons holding such stock in a fiduciary capacity, to surrender or assign such stock, and to accept and receive such new stock in any corporation which, after such sale, may become the owners of said railroad or any part thereof, as may be apportioned or given in respect to the said first mentioned stock under any reorganization of the ownership of the said railroad.

Formerly: Acts 1861, c.78, s.6. As amended by P.L.62-1984, SEC.77.
Ind. Code § 8-23-9-32 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-32
Claims against contractors; failure to file certificate
Status: in_force

Sec. 32. If within ninety (90) days after the date of notice of rejection under section 29 of this chapter a claimant fails to file with the department a certificate of a clerk, the department shall pay the amount held on the claim to the contractor if otherwise entitled to receive the amount.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-23-17-31 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-31
Federal assistance; noncompliance with chapter
Status: in_force

Sec. 31. An agency acquiring real property or engaging in code enforcement activities with federal financial assistance or acquiring real property reasonably anticipating that federal funds might be used to reimburse the cost of construction or other activity for which the real property is acquired and that is subject to the requirements of the Federal Uniform Relocations Assistance and Real Property Acquisitions Policies Act of 1970 (42 U.S.C. 4601-4655) is not required to make relocation payments or provide relocation assistance programs under this chapter, or to comply with any procedures or rules under this chapter that are inconsistent with applicable federal law or regulations if the agency complies with all applicable federal law and regulations relating to relocation payments and assistance for persons displaced by the project.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-1.5-4-11 — Indiana Code / Title 8 / Article 1.5 / Chapter 4 / Section 8-1.5-4-11
Bonds and interest issued against special redemption fund
Status: in_force

Sec. 11. (a) The bonds and the interest issued against the special redemption fund:

(1) are a valid claim of the holders only against that fund and the fixed proportion or amount of the revenues pledged to that fund; and

(2) are exempt from taxation in Indiana as provided by IC 6-8-5.

(b) The bonds may be issued either as registered bonds or as coupon bonds payable to bearer. Coupons and bearer bonds may be registered as to principal in the holder's name on the books of the municipality, registration being noted on the bond by the municipal clerk or other designated officer, after which no transfer is valid unless made on the books of the municipality by the registered holder and similarly noted on the bonds. Any bond so registered as to principal may be discharged from registration by being transferred to bearer, after which it is transferable by delivery but may be again registered as to principal as before. The registration of the bonds as to the principal does not restrain the negotiability of the coupons by delivery, but the coupons may be surrendered and the interest made payable only to the registered holder of the bonds. If the coupons are surrendered, the surrender and cancellation shall be noted on the bond, and interest on the bond is then payable to the registered holder on order in cash or at his option by check or draft payable at the place or one (1) of the places where the coupons were payable.

(c) Bonds shall be sold in accordance with IC 5-1-11.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-16-8-2 — Indiana Code / Title 8 / Article 16 / Chapter 8 / Section 8-16-8-2
Counties with established multiple county infrastructure authorities; bridge repair, reconstruction, or replacement in second class cities
Status: in_force

Sec. 2. A county having an authority established under IC 36-7-23 may pay for the repair, reconstruction, or replacement of a damaged bridge in a second class city.

As added by P.L.346-1989(ss), SEC.6.
Ind. Code § 8-1-29.5-2 — Indiana Code / Title 8 / Article 1 / Chapter 29.5 / Section 8-1-29.5-2
Application of definitions
Status: in_force

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.
Ind. Code § 8-1-30.9-6 — Indiana Code / Title 8 / Article 1 / Chapter 30.9 / Section 8-1-30.9-6
Application for certificate; required information
Status: in_force

Sec. 6. A water utility that seeks to construct a long haul water pipeline must submit an application to the commission for a certificate of public convenience and necessity. The application must include the following:

(1) The purpose and necessity of the long haul water pipeline, including a description of how the water being transported will be used and discharged.

(2) The volume of water to be transported via the long haul water pipeline.

(3) The location of the source water, transfer points, and destination of the water being transported via the long haul water pipeline.

(4) An assessment of the hydraulic carrying capacity of, and the environmental impact on, the receiving waters in the specific areas that will receive and eventually discharge the water resources.

(5) An assessment of the hydraulic and environmental impacts of the proposed water withdrawals on the source area.

(6) A feasibility assessment that includes a consideration of whether alternate water sources could be used instead of the proposed transfer, including engineering, geological, environmental, and economic analyses.

(7) A list of conservation programs or practices conducted or proposed by the water utility with respect to the area to which water is proposed to be transferred.

(8) The date the water utility intends to begin transferring water.

(9) An estimate of costs associated with the construction of the long haul water pipeline.

(10) The impact of the long haul water pipeline on customer rates.

(11) Any other information required by the commission.

As added by P.L.99-2025, SEC.1.
Ind. Code § 8-23-9.5-3 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-3
"Construction services"
Status: in_force

Sec. 3. As used in this chapter, "construction services" means the physical construction work undertaken by a CMGC or PDB to construct any portion of a project which may be awarded as a single contract for a project or multiple contracts for portions of a project.

As added by P.L.60-2023, SEC.2.
Ind. Code § 8-1-27-13 — Indiana Code / Title 8 / Article 1 / Chapter 27 / Section 8-1-27-13
Revised cost and schedule estimate for developing and implementing plan; submission to commission
Status: in_force

Sec. 13. (a) If a public utility makes a substantial change in a cost and schedule estimate for developing and implementing an environmental compliance plan or a modified environmental compliance plan after the estimate has been approved by the commission under this chapter, the public utility shall file with the commission for the commission's review and approval the revised cost and schedule estimate.

(b) To the extent the commission approves a revised cost and schedule estimate, the estimate shall be the approved cost and schedule estimate for the plan.

As added by P.L.76-1991, SEC.1.
Ind. Code § 8-18-22-10 — Indiana Code / Title 8 / Article 18 / Chapter 22 / Section 8-18-22-10
Bonds as negotiable instruments; registration
Status: in_force

Sec. 10. The bonds are negotiable instruments, subject only to the provisions of the bonds relating to registration.

As added by P.L.113-1989, SEC.9.
Ind. Code § 8-22-3-29 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-29
Assistance to other entity or authority
Status: in_force

Sec. 29. Whenever the fiscal body of an eligible entity determines that the public interest of the entity will be served by assisting any other entity or an authority in executing the powers granted by this chapter, the former entity may furnish assistance by gift, or lease with or without rental, of real property, by donation, lease with or without rental, or loan, of personal property, and by the appropriation of monies, which may be provided for by taxation or the issuance of bonds in the same manner as funds might be provided for the same purpose if the entity was exercising the powers granted in its own behalf.

[Pre-Local Government Recodification Citations: 19-6-2-31; 19-6-3-33; 19-6-3.5-33.]

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-1-2-70 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-70
Expenses of investigations
Status: in_force

Sec. 70. In its order upon any investigation made under the provisions of this chapter, IC 8-1.5-3, or IC 8-1.5-6, either upon complaint against any municipal utility, upon the petition of any such municipal utility, or upon the initiation of the commission, the commission shall ascertain and declare the expenses incurred by it upon such investigation, and the municipal utility affected thereby shall pay into the state general fund under IC 8-1-6-2(b) the amount of the expenses, so ascertained and declared, within a time to be fixed in the order, not exceeding twenty (20) days from the date thereof. The commission shall cause a certified copy of all such orders to be delivered to an officer or agent of the municipal utility affected thereby, and all such orders shall, of their own force, take effect and become operative twenty (20) days after service thereof unless a different time be provided in said order. Any order of the commission as may increase any rate of such municipal utility shall not take effect until such expenses are paid into the commission public utility fund account described in IC 8-1-6-2.

Formerly: Acts 1913, c.76, s.74; Acts 1925, c.60, s.1; Acts 1963, c.187, s.2; Acts 1969, c.260, s.1. As amended by P.L.59-1984, SEC.30; P.L.384-1987(ss), SEC.6; P.L.251-2013, SEC.2; P.L.213-2014, SEC.2; P.L.213-2025, SEC.96.
Ind. Code § 8-1-31-5.9 — Indiana Code / Title 8 / Article 1 / Chapter 31 / Section 8-1-31-5.9
"Not-for-profit utility"
Status: in_force

Sec. 5.9. 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.212-2015, SEC.5.
Ind. Code § 8-1-13-4 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-4
Articles of incorporation
Status: in_force

Sec. 4. (a) The articles of incorporation shall be entitled and endorsed either "Articles of Incorporation of _______ Rural Electric Membership Corporation" or Articles of Incorporation of _____________ Rural Electric Cooperative, Inc." (the blank space being filled in with the distinguishing part of the name of the corporation) and shall state the following:

(1) The name of the corporation, which name shall be such as to distinguish it from any other corporation.

(2) A reasonable description of the territory in which its operations are to be conducted, and which shall not include any incorporated city or town having a population in excess of fifteen hundred (1500) inhabitants at the time such articles are first approved by the commission, or any territory, whether within or without any incorporated city or town, already being served with energy by any public or municipally owned utility.

(3) The location of its principal offices and the post office address thereof.

(4) The maximum number of directors, not less than three (3).

(5) The names and post office addresses of the directors, not less than three (3), who are to manage the affairs of the corporation for the first year of its existence, or until their successors are chosen.

(6) The period, if any, limited for the duration of the corporation. If the duration of the corporation is to be perpetual, this fact should be stated.

(7) The terms and conditions upon which members of the corporation shall be admitted.

(b) The articles of incorporation of a corporation may also contain any provision not contrary to law which the incorporators may choose to insert for the regulation of its business and for the conduct of the affairs of the corporation; and any provisions creating, defining, limiting, or regulating the powers of the corporation, its directors and members.

Formerly: Acts 1935, c.175, s.4; Acts 1937, c.258, s.3; Acts 1939, c.105, s.2; Acts 1953, c.48, s.1. As amended by P.L.23-1988, SEC.46.
Ind. Code § 8-6-4-0.3 — Indiana Code / Title 8 / Article 6 / Chapter 4 / Section 8-6-4-0.3
Legalization of certain ordinances; review of crossing safety levels; program to increase crossing safety; development of crossing safety program; consultation with railroads, municipalities
Status: in_force

Sec. 0.3. (a) An ordinance that would be permitted under section 1(e) of this chapter, as added by P.L.101-1993, that was adopted before April 27, 1993:

(1) is legalized; and

(2) may be enforced after May 11, 1993.

(b) The Indiana department of transportation shall conduct a review of crossing safety levels at all crossings to which an ordinance legalized under this section applies. The department shall complete a study required by this subsection not later than one (1) year after April 27, 1993.

(c) If the Indiana department of transportation finds, based upon the results of the department's review under subsection (b), that the crossing safety level at a crossing to which an ordinance legalized under this section applies creates an undue risk of harm to the public, the department shall, after consulting with the railroad and the municipality, develop a program to increase crossing safety at the crossing to an acceptable level, as determined by the department.

(d) A program to increase crossing safety under subsection (c) must be decided after an evaluation of all remedies available to the Indiana department of transportation and the costs and benefits of each remedy. The department must consider the following in an evaluation of the costs and benefits of each remedy upon the municipality:

(1) The degree to which the remedy is likely to increase safety at the crossing.

(2) The economic impact of the cost of the remedy, including possible cost-sharing mechanisms.

(3) The impact of the remedy upon the environment in the municipality.

As added by P.L.220-2011, SEC.193. Amended by P.L.69-2013, SEC.1.
Ind. Code § 8-9-12-3 — Indiana Code / Title 8 / Article 9 / Chapter 12 / Section 8-9-12-3
"Railroad"
Status: in_force

Sec. 3. As used in this chapter, "railroad" has the meaning set forth in IC 8-3-1-2. However, the term does not include a Class II or Class III railroad as established by the Interstate Commerce Commission.

As added by P.L.21-2001, SEC.1.
Ind. Code § 8-14-10-4 — Indiana Code / Title 8 / Article 14 / Chapter 10 / Section 8-14-10-4
"State highway"
Status: in_force

Sec. 4. As used in this chapter, "state highway" means any highway that is designated as part of the state highway system under IC 8-23-4. The term includes all bridges, tunnels, overpasses, underpasses, highway railroad crossings, other public railroad crossings as determined by the department, interchanges, entrance plazas, approaches, buildings, and facilities that the department considers necessary for the operation of the highway, together with all property, rights, easements, and interests that are acquired by the department for the construction or reconstruction of the highway.

As added by P.L.68-1988, SEC.11. Amended by P.L.18-1990, SEC.123; P.L.218-2017, SEC.66.
Ind. Code § 8-15.5-5-4 — Indiana Code / Title 8 / Article 15.5 / Chapter 5 / Section 8-15.5-5-4
Financing of obligations by operator; no state or local debt or pledge
Status: in_force

Sec. 4. (a) The operator may finance its obligations with respect to the project and the public-private agreement in the amounts and upon the terms and conditions determined by the operator.

(b) The operator may:

(1) issue debt, equity, or other securities or obligations;

(2) enter into sale and leaseback transactions; and

(3) secure any financing with a pledge of, security interest in, or lien on any user fees charged and collected for the use of a toll road project or a facility project and any property interest of the operator in a toll road project or a facility project.

However, any bonds, debt, other securities, or other financing issued for the purposes of this article shall not be considered to constitute a debt of the state or any political subdivision of the state or a pledge of the faith and credit of the state or any political subdivision.

(c) The operator may deposit any user fees charged and collected for the use of a toll road project or a facility project in a separate account held by a trustee or escrow agent for the benefit of the secured parties of the operator.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.152; P.L.213-2015, SEC.112.
Ind. Code § 8-5-15-7 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-7
Conflicts with federal law or regulations; levels of services
Status: in_force

Sec. 7. (a) Any provision of this chapter in conflict with the Interstate Commerce Act of the United States or any other federal law or regulations governing transportation by common carrier is void, but all other provisions of this chapter shall be given effect if possible, without the provision or provisions so voided.

(b) The board may eliminate service or reduce levels of service for the transportation of passengers or property only after obtaining approval by the Indiana department of transportation.

[Pre-Local Government Recodification Citation: 19-5-2.6-8.]

As added by Acts 1980, P.L.8, SEC.68. Amended by P.L.64-1984, SEC.6; P.L.18-1990, SEC.66.
Ind. Code § 8-4-1-22 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-22
Railroad crossings; grade separation
Status: in_force

Sec. 22. Whenever the track of such railroad shall cross a road or highway, such road or highway may be carried under or over the track, as may be most expedient; and in cases where an embankment or cutting shall make a change in the line of such road or highway desirable, with a view to a more easy ascent or descent, the rail carrier may take such additional lands for the construction of such road or highway, or such new line, as may be deemed requisite by said directors. Unless the lands so taken shall be purchased or voluntarily given for the purposes aforesaid, compensation therefor shall be ascertained, in the manner in this chapter provided, as nearly as may be, and duly made by the rail carrier to the owners and persons interested in such lands; and the same, when so taken and compensation made, to become part of such intersecting road or highway, in such manner and by such terms as the adjacent parts of such highway may be held for highway purposes.

Formerly: Acts 1852, 1RS, c.83, s.22. As amended by P.L.62-1984, SEC.42; P.L.146-2017, SEC.11.
Ind. Code § 8-17-1-6 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-6
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.7. As amended by P.L.86-1988, SEC.72. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-2.1-22-22 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-22
Actions for recovery of charges or overcharges; limitations
Status: in_force

Sec. 22. (a) All civil actions by carriers for recovery of their charges or any part must be brought within two (2) years after the time the cause of action accrues.

(b) For recovery of overcharges, civil actions must be brought or complaints filed with the office of the attorney general against carriers subject to this chapter within two (2) years after the time the cause of action accrues, subject to subsection (c). However, if claim for the overcharge has been presented in writing to the carrier within the two (2) year period of limitation, the period shall be extended to include six (6) months after the time notice in writing is given by the carrier to the claimant of disallowance of the claim or any part specified in the notice.

(c) If on or before the expiration of the two (2) year period of limitation in subsection (a) or (b), a carrier subject to this chapter begins an action under subsection (a) for recovery of charges in respect of the same transportation service or without beginning action collects charges in respect of that service, the period of limitation shall be extended to include ninety (90) days after the time the action is begun or charges are collected by the carrier.

(d) As used in this section, "overcharges" means charges for the transportation services in excess of those applicable to the services under the tariffs lawfully on file with the department.

As added by P.L.99-1989, SEC.13. Amended by P.L.205-2025, SEC.36.
Ind. Code § 8-1-30.3-6.6 — Indiana Code / Title 8 / Article 1 / Chapter 30.3 / Section 8-1-30.3-6.6
Alternate filing procedure for acquisition of offered utility with appraised value of $3,000,000 or less
Status: in_force

Sec. 6.6. (a) This section does not apply to a petition that is filed with the commission under section 5 of this chapter before July 1, 2024.

(b) Subject to subsection (d) and notwithstanding any other law or any rule of the commission, including 170 IAC 1-6-1(b), if:

(1) the appraised value of the utility property to be acquired, as determined under:

(A) section 5.5 of this chapter; or

(B) IC 8-1.5-2-5;

as applicable, does not exceed three million dollars ($3,000,000); and

(2) the purchase price for the utility property is less than the appraised value;

a utility company seeking to acquire the utility property of an offered utility is not required to file a petition under section 5 of this chapter, and may instead submit to the commission a filing to obtain the relief set forth in section 5 of this chapter under the procedures set forth in 170 IAC 1-6, as modified by this section.

(c) A filing authorized under subsection (b) must include the following:

(1) A copy of the purchase agreement entered into between the acquiring utility company and the offered utility.

(2) A copy of the journal entry reflecting the accounting entries recording the acquisition in accordance with section 5(f) of this chapter.

(3) A copy of the appraisal of the utility property under:

(A) section 5.5 of this chapter; or

(B) IC 8-1.5-2-5;

as applicable.

(4) A statement of known infrastructure, environmental, or other issues affecting the offered utility, and the process for determining reasonable and prudent improvements upon completing the acquisition.

(5) Any other information required to be submitted under the procedures set forth in 170 IAC 1-6, as modified by this section.

(d) In an order approving a filing submitted under this section, the commission:

(1) may only authorize the acquiring utility company to make accounting entries recording the acquisition that reflect:

(A) the full purchase price, as set forth in section 5(f)(1) of this chapter; and

(B) the estimated:

(i) incidental expenses, as set forth in section 5(f)(2) of this chapter; and

(ii) other costs of acquisition, as set forth in section 5(f)(3) of this chapter;

as the net original cost of the utility plant in service assets being acquired; and

(2) shall provide that any:

(A) estimated incidental expenses, as set forth in section 5(f)(2) of this chapter; or

(B) other estimated costs of acquisition, as set forth in section 5(f)(3) of this chapter;

are subject to a reasonableness review as part of the acquiring utility company's next base rate case.

As added by P.L.34-2024, SEC.2.
Ind. Code § 8-1.5-5-28 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-28
Screening of storm water outfalls
Status: in_force

Sec. 28. A person may not be required to screen a storm water outfall if the pipe diameter of the storm water outfall is less than twenty-four (24) inches.

As added by P.L.282-2003, SEC.20.
Ind. Code § 8-22-2-4 — Indiana Code / Title 8 / Article 22 / Chapter 2 / Section 8-22-2-4
Officers of board; office facilities; reports; expenditures; meetings
Status: in_force

Sec. 4. The board shall choose, annually, at its first regular meeting in January, one (1) of its members president, and another of its members vice president to perform the duties of the president during the absence or disability of the president. The eligible entity shall provide a suitable office for the board in the entity, or, at the option of the board, at the airport, at the expense of the department of aviation, where its maps, plans, documents, records, and accounts shall be kept, subject to public inspection at all reasonable times. Before February 2 each year the board shall make a report to the executive of its proceedings with a full statement of its receipts and disbursements for the preceding year, including a report of the acquisition of air navigation facilities and of other property that has come under the control of the board, improvements made, general character of the work of the board, and progress of aviation and air commerce under its control. Money received by the board shall be paid into the entity's treasury and credited to the department of aviation, and all expenditures relating to the property and business under the control of the department, except as otherwise provided, may be provided for by special levy of taxes under section 7 of this chapter, and shall be paid from the entity's treasury when ordered by the board. A majority of the members constitutes a quorum, and an action of the board must be taken by a majority of the members at a regular or duly called special meeting. In case of a tie vote on any question, the executive shall decide. The board shall fix a time for holding regular meetings. Regular or special meetings shall be held at the office of the board or at another public place in any county where the board owns or operates an airport. Special meetings of the board may be called at any time by its president, or by any two (2) of its members, upon a written request to the secretary. Whenever in the opinion of the president or of any two (2) members, a special meeting is necessary, he or they shall cause the secretary to notify the members by mailing written notice of the time of the meeting, at least one (1) day before the meeting. A member may waive notice in writing and the presence of a member at a special meeting is considered a waiver of notice.

[Pre-Local Government Recodification Citation: 19-6-1-5.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.137-2000, SEC.1.
Ind. Code § 8-4-1-3 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-3
Articles of association; filing with secretary of state
Status: in_force

Sec. 3. Articles of association formed under section 1 of this chapter shall be filed in the office of the secretary of state; and, thereupon, the persons who have subscribed the same, and all persons who shall, from time to time, become stockholders in such company, and their successors, shall be a body politic and corporate, in perpetuity, by the name stated in such articles of association; and may sue or be sued; and may have a common seal, and may make and alter the same at pleasure; and shall be capable, in law, of purchasing, holding, and conveying any real and personal property whatever, necessary for the construction of such road and for the erection of all necessary buildings and yards and appurtenances for the use of the same. A copy of any articles of association filed in pursuance of this chapter, and certified to be a copy, by the secretary of state or the secretary of state's deputy, shall, in all courts and places, be presumptive evidence of the incorporation of such company and of the facts stated in the articles of association.

Formerly: Acts 1852, 1RS, c.83, s.2. As amended by P.L.62-1984, SEC.32; P.L.136-2018, SEC.86.
Ind. Code § 8-1-8.5-7 — Indiana Code / Title 8 / Article 1 / Chapter 8.5 / Section 8-1-8.5-7
Exemptions from certification requirements; report to commission of proposed construction required
Status: in_force

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 steam for sale to or for the public for compensation;

(2) constructs an alternate energy production facility, cogeneration facility, or a small hydro facility that complies with the limitations set forth in IC 8-1-2.4-5;

(3) is a municipal utility, including a joint agency created under IC 8-1-2.2-8, and installs an electric generating facility that has a capacity of ten thousand (10,000) kilowatts or less;

(4) is a public utility and:

(A) installs a clean energy project described in IC 8-1-8.8-2(2) that is approved by the commission and that:

(i) uses a clean energy resource described in IC 8-1-37-4(a)(1), IC 8-1-37-4(a)(2), or IC 8-1-37-4(a)(5); and

(ii) has a nameplate capacity of not more than fifty thousand (50,000) kilowatts; and

(B) uses a contractor that:

(i) is subject to Indiana unemployment taxes; and

(ii) is selected by the public utility through bids solicited in a competitive procurement process;

in the engineering, procurement, or construction of the project; or

(5) is:

(A) a corporation organized under IC 8-1-13;

(B) a corporation organized under IC 23-17 that is an electric cooperative and that has at least one (1) member that is a corporation organized under IC 8-1-13; or

(C) a:

(i) surviving corporation that remains after a merger of two (2) or more corporations under IC 8-1-17.5; or

(ii) successor corporation that is formed from a consolidation of two (2) or more corporations under IC 8-1-17.5;

that installs an electric generating facility that has a capacity of ten thousand (10,000) kilowatts or less.

However, a person described in this section shall, nevertheless, be required to report to the commission the proposed construction of such a facility before beginning construction of the facility.

As added by P.L.43-1983, SEC.12. Amended by P.L.168-2013, SEC.2; P.L.264-2017, SEC.5; P.L.57-2024, SEC.1.
Ind. Code § 8-1-27-15 — Indiana Code / Title 8 / Article 1 / Chapter 27 / Section 8-1-27-15
General rate proceedings; consideration of change in risk to utility following approval of plan
Status: in_force

Sec. 15. In a general rate proceeding following the issuance of an order by the commission approving an environmental compliance plan under this chapter, the commission shall, in reviewing and authorizing the public utility's return, give due consideration to any change in risk to the public utility as a result of the commission's approval of the environmental compliance plan and include in the order issued with respect to the general rate proceeding a finding on the change.

As added by P.L.76-1991, SEC.1.
Ind. Code § 8-15.5-2-3.3 — Indiana Code / Title 8 / Article 15.5 / Chapter 2 / Section 8-15.5-2-3.3
"Freeway project"
Status: in_force

Sec. 3.3. (a) "Freeway project" means any nontolled, new or existing road, street, express highway, limited access facility, superhighway, or motorway for which a public-private agreement is entered into, including all bridges, tunnels, overpasses, interchanges, entrance plazas, approaches, other public ways, and administration, storage, and other buildings and facilities considered necessary or desirable by the authority for the operation of the freeway project.

(b) The term includes the following:

(1) All property, rights, easements, and interests that may be acquired by the authority for the construction or the operation of the freeway project.

(2) Any subsequent improvement, betterment, enlargement, extension, or reconstruction of an existing freeway project.

(3) A project connecting Indiana to an adjacent state.

As added by P.L.205-2013, SEC.137.
Ind. Code § 8-1-41-14 — Indiana Code / Title 8 / Article 1 / Chapter 41 / Section 8-1-41-14
"Wind turbine light mitigation technology"; required after January 1, 2023; exceptions
Status: in_force

Sec. 14. (a) As used in this section, "wind turbine light mitigation technology" means any technology used in connection with a wind power device to shield, limit, or otherwise mitigate the amount, intensity, character, or visibility of light emitted from the wind power device.

(b) Except as otherwise allowed by IC 36-7-4-1109, after January 1, 2023, and to the extent permissible under federal law or regulations, a wind power device on property in a unit must be equipped with a wind turbine light mitigation technology, unless:

(1) the Federal Aviation Administration denies the project owner's application to use a wind turbine light mitigation technology;

(2) the wind turbine light mitigation technology application is pending review by the appropriate federal agencies; or

(3) the project owner determines that the use of a wind turbine light mitigation technology is not economically feasible.

As added by P.L.90-2022, SEC.1.
Ind. Code § 8-14-15.2-15 — Indiana Code / Title 8 / Article 14 / Chapter 15.2 / Section 8-14-15.2-15
Examination of records, files, and documents by the state board of accounts
Status: in_force

Sec. 15. Any records, files, or documents relating to the trust may be examined by the state board of accounts at a time selected by the state board of accounts. The trustee shall upon request of the state board of accounts:

(1) produce and submit any records, files, or documents related to the trust; and

(2) assist in every way the state board of accounts in its work in making an examination.

As added by P.L.189-2018, SEC.79.
Ind. Code § 8-1-2.2-7 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-7
Authority to contract for energy exchange
Status: in_force

Sec. 7. Authority to Contract for Energy Exchange. Municipalities participating in a project or projects are hereby authorized to enter into contracts for the exchange, interchange, wheeling, pooling, and transmission of electric power and energy produced by the project or projects with any municipality, joint agency, or public utility.

As added by Acts 1980, P.L.68, SEC.1.
Ind. Code § 8-1-31.5-16 — Indiana Code / Title 8 / Article 1 / Chapter 31.5 / Section 8-1-31.5-16
Approval of utility's system integrity adjustment petition is not a general increase in basic rates and charges
Status: in_force

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.
Ind. Code § 8-6-2.1-35 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-35
Application of IC 8-6-3 to maintenance costs
Status: in_force

Sec. 35. Maintenance costs requirements are governed, to the extent applicable, by IC 8-6-3.

[Pre-Local Government Recodification Citation: 19-5-14-35.]

As added by Acts 1980, P.L.8, SEC.70.
Ind. Code § 8-8-1-8 — Indiana Code / Title 8 / Article 8 / Chapter 1 / Section 8-8-1-8
Improperly equipped cars; refusal to accept from connecting lines
Status: in_force

Sec. 8. Any such common carrier may refuse to receive from its connecting lines, or from any shipper, any car not equipped in accordance with the provisions of this chapter.

Formerly: Acts 1907, c.118, s.8. As amended by P.L.62-1984, SEC.107.
Ind. Code § 8-25-5-4 — Indiana Code / Title 8 / Article 25 / Chapter 5 / Section 8-25-5-4
Ordinance authorizing bonds; method of sale; price
Status: in_force

Sec. 4. (a) The bonds must be authorized by ordinance of the fiscal body. The ordinance must provide the following with respect to the bonds:

(1) The original date of the bonds.

(2) The time or times that the bonds mature. However, a bond may not mature more than twenty (20) years after the date it is issued.

(3) The maximum interest rate or rates, including variations of the rates.

(4) The denominations.

(5) The form, either coupon or registered.

(6) The registration privileges.

(7) The medium of payment and the place or places of payment.

(8) The terms of redemption, including redemption before maturity.

(b) Bonds issued under this chapter must be sold under IC 5-1-11, and at a price or prices determined by the county fiscal body in the ordinance.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-1-2.5-12 — Indiana Code / Title 8 / Article 1 / Chapter 2.5 / Section 8-1-2.5-12
Wages of independent contractor
Status: in_force

Sec. 12. For purposes of IC 8-1-2.5, wages paid to an independent contractor of an energy utility for construction or maintenance performed for an energy utility shall not be found to be excessive merely because the wages are those normally paid for work of the same type and quality in the labor market in which the work for the energy utility is being performed.

As added by P.L.108-1995, SEC.3.
Ind. Code § 8-23-1.1-49 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-49
"Zoned commercial or industrial areas"
Status: in_force

Sec. 49. "Zoned commercial or industrial areas" means those areas that are zoned for business, industry, commerce, or trade under a zoning ordinance.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-23-6-5 — Indiana Code / Title 8 / Article 23 / Chapter 6 / Section 8-23-6-5
Construction, improvement, and maintenance by municipalities
Status: in_force

Sec. 5. This chapter does not annul, limit, or abridge the right of a city or town, either at its own expense or at the expense of property owners subject to assessment, to improve the sidewalks and curbs along a street forming the route of a state highway, to construct sewers and drains, or to construct or maintain a part of the roadway of the street not improved or maintained by the department. The city or town shall provide adequate drainage for the street except as otherwise provided in this chapter. Except as expressly provided in this chapter and subject to IC 9-21, this chapter does not limit the right of a city or town to regulate traffic over a street over which a highway is routed or to relieve the city or town of liability now imposed by law. The cost of improvement, except as otherwise provided in this chapter, shall be paid for out of the funds appropriated to the department. Whenever a person, firm, limited liability company, or corporation, other than a municipal corporation, is required or obligated by a law, ordinance, or contract to keep in repair or to maintain or to construct a street, any part of a street, or any railroad, interurban railroad, or street railroad crossing, or any structure or bridge thereon, this chapter does not relieve the person, firm, limited liability company, or corporation or the receiver thereof from the duty, obligation, or contract.

As added by P.L.18-1990, SEC.215. Amended by P.L.2-1991, SEC.65; P.L.8-1993, SEC.153.
Ind. Code § 8-1-37-10 — Indiana Code / Title 8 / Article 1 / Chapter 37 / Section 8-1-37-10
Adoption of rules establishing program
Status: in_force

Sec. 10. (a) Subject to subsection (d), the commission shall adopt rules under IC 4-22-2 to establish the Indiana voluntary clean energy portfolio standard program. The program established under this section must be a voluntary program that provides incentives to participating electricity suppliers that undertake to supply specified percentages of the total electricity supplied to their Indiana retail electric customers from clean energy.

(b) The rules adopted by the commission under this section to establish the program must:

(1) incorporate:

(A) the CPS goals set forth in section 12(a) of this chapter;

(B) methods for measuring and evaluating a participating electricity supplier's compliance with the CPS goals set forth in section 12(a) of this chapter; and

(C) the financial incentives and periodic rate adjustment mechanisms set forth in section 13 of this chapter;

(2) require the commission to determine, before approving an application under section 11 of this chapter, that the approval of the application will not result in an increase to the retail rates and charges of the electricity supplier above what could reasonably be expected if the application were not approved;

(3) take effect not later than January 1, 2012; and

(4) be consistent with this chapter.

(c) Upon the effective date of the rules adopted by the commission under this section, an electricity supplier may apply to the commission under section 11 of this chapter for approval to participate in the program.

(d) The commission may adopt rules under IC 4-22-2 to adopt the rules required by this section.

As added by P.L.150-2011, SEC.16. Amended by P.L.71-2022, SEC.9; P.L.93-2024, SEC.71.
Ind. Code § 8-1-38-9 — Indiana Code / Title 8 / Article 1 / Chapter 38 / Section 8-1-38-9
Construction, ownership, operation, maintenance, and upgrade of electric transmission facilities; right of first refusal
Status: in_force

Sec. 9. (a) An incumbent electric transmission owner has the right to construct, own, operate, and maintain the following:

(1) An electric transmission facility that has been approved for construction through a regional transmission organization planning process and that connects to an electric transmission facility owned by the incumbent electric transmission owner.

(2) Upgrades to an existing electric transmission facility owned by the incumbent electric transmission owner if the upgrades have been approved for construction through a regional transmission organization planning process.

(b) The right to construct, own, operate, and maintain an electric transmission facility that connects to electric transmission facilities owned by two (2) or more incumbent electric transmission owners belongs individually and proportionately to each incumbent electric transmission owner, unless the incumbent electric transmission owners otherwise agree in writing.

(c) If an electric transmission facility has been approved for construction through a regional transmission organization planning process, as described in subsection (a)(1), each incumbent electric transmission owner that has a right under subsection (b) to construct, own, operate, and maintain the electric transmission facility to be constructed shall give written notice to the commission, not later than ninety (90) days after the date of approval of the construction, regarding the incumbent electric transmission owner's intent to construct, own, operate, and maintain the approved electric transmission facility. If an incumbent electric transmission owner gives notice of the incumbent electric transmission owner's intent not to construct the approved electric transmission facility, another entity may seek to construct the approved electric transmission facility in accordance with the regional transmission organization planning process and this chapter.

(d) If an incumbent electric transmission owner gives to the commission during a calendar year a notice of intent under subsection (c) to construct, own, operate, and maintain an electric transmission facility approved for construction through a regional transmission organization planning process, the incumbent electric transmission owner shall, not later than May 1 of the subsequent calendar year, provide the commission with the following information, in the form and manner prescribed by the commission:

(1) A list of the electric transmission facilities with respect to which the incumbent electric transmission owner provided the commission a notice of intent under subsection (c) in the preceding calendar year. The list provided under this subdivision must include:

(A) a brief description of the construction;

(B) the reason for the construction; and

(C) an estimate of the total cost of the construction.

(2) A written or electronic copy of the Annual Formula Rate Update Informational Filing most recently filed by the incumbent electric transmission owner with the Federal Energy Regulatory Commission.

(e) An incumbent electric transmission owner that exercises its right under subsection (a)(1) to construct an electric transmission facility approved for construction through a regional transmission organization planning process must, to the extent commercially practicable, use competitively bid engineering, procurement, or construction contracts, as applicable, that meet all the technical, commercial, and other specifications, such as safety performance, required by the incumbent electric transmission owner with respect to the electric transmission facility.

As added by P.L.174-2013, SEC.1. Amended by P.L.145-2023, SEC.3.
Ind. Code § 8-1-46-19 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-19
Service restoration performance report; annual filing with commission; required information
Status: in_force

Sec. 19. Beginning in 2027, before March 1 of each year, an electricity supplier shall file with the commission, on a form prescribed by the commission, a service restoration performance report that includes the following information for each of the most recently concluded six (6) calendar years:

(1) Each of the following indices, reported to exclude major event days, for the electricity supplier's system in Indiana as a whole:

(A) SAIDI.

(B) SAIFI.

(C) CAIDI.

(2) Each of the following indices, reported to include major event days, for the electricity supplier's system in Indiana as a whole:

(A) SAIDI.

(B) SAIFI.

(C) CAIDI.

(3) The number of customers used by the utility in calculating each index required under subdivisions (1) and (2).

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-1-42-8 — Indiana Code / Title 8 / Article 1 / Chapter 42 / Section 8-1-42-8
"Unit"
Status: in_force

Sec. 8. (a) As used in this chapter, "unit" refers to:

(1) a county, if a project owner, as part of a single CSE system project or development, seeks to locate one (1) or more CSE systems:

(A) entirely within unincorporated areas of the county;

(B) within both unincorporated areas of the county and one (1) or more municipalities within the county; or

(C) entirely within two (2) or more municipalities within the county; or

(2) a municipality, if:

(A) a project owner, as part of a single CSE system project or development, seeks to locate one (1) or more CSE systems entirely within the boundaries of the municipality; and

(B) subdivision (1)(B) or (1)(C) does not apply.

(b) The term refers to:

(1) each county described in subsection (a)(1) in which a project owner seeks to locate one (1) or more CSE systems, if the project owner seeks to locate CSE systems in more than one (1) county as part of a single CSE system project or development; and

(2) each municipality described in subsection (a)(2) in which a project owner seeks to locate one (1) or more CSE systems, if the project owner seeks to locate CSE systems in two (2) or more municipalities, each of which is located in a different county.

As added by P.L.90-2022, SEC.2.
Ind. Code § 8-23-8-6 — Indiana Code / Title 8 / Article 23 / Chapter 8 / Section 8-23-8-6
Joint agreements; counties, municipalities, and federal government
Status: in_force

Sec. 6. (a) The department may enter into agreements with a county, municipality, or the federal government concerning limited access facilities or other public ways under their jurisdiction under this chapter or any other state or federal law authorizing cooperation to carry out this chapter.

(b) A county or municipality may enter into agreements with the federal government concerning limited access facilities or other public ways under its jurisdiction under this chapter or any other state or federal law authorizing cooperation to carry out this chapter.

As added by P.L.18-1990, SEC.217.
Ind. Code § 8-1.5-4-9 — Indiana Code / Title 8 / Article 1.5 / Chapter 4 / Section 8-1.5-4-9
Revenues set aside for depreciation account
Status: in_force

Sec. 9. (a) The proportion set aside to the depreciation account shall be expended in making good depreciation in the waterworks or in new construction, extensions, or additions to the property of the waterworks.

(b) Any accumulations in the depreciation account may be invested by the board, and if invested, the income from the investment shall be carried in the depreciation account. The board may invest the funds in accordance with IC 5-13-9.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.19-1987, SEC.21.
Ind. Code § 8-1-1.1-5.1 — Indiana Code / Title 8 / Article 1 / Chapter 1.1 / Section 8-1-1.1-5.1
Proceedings before commission, department, or court; powers and duties of consumer counselor
Status: in_force

Sec. 5.1. (a) The commission, the department of state revenue, or the Indiana department of transportation shall immediately notify the counselor of the institution of any proceeding before the commission, the department of state revenue, or the Indiana department of transportation in which the counselor is authorized to appear and shall transmit to the counselor a copy of the petition or complaint filed.

(b) The commission, the department of state revenue, or the Indiana department of transportation may not proceed to hear a petition, complaint, or proceeding in which the counselor is entitled to appear until the counselor has been given at least ten (10) days notice, unless the counselor waived the notice.

(c) The consumer counselor may call the counselor's own witnesses to testify before a proceeding or hearing in which the counselor makes an appearance, and may require the production for examination of books and papers relating to a matter under investigation and in question before the commission, another agency, or a court.

(d) The consumer counselor has the right, with the consent of the petitioners or complainants, whenever a petition is filed on behalf of the ratepayers, consumers, or the public, to make amendments to the petition or complaint that the counselor considers advisable.

(e) In all proceedings before the commission, the department of state revenue, or the Indiana department of transportation and in a court in which the consumer counselor shall appear, the consumer counselor shall have charge of the interests of the ratepayers and consumers of the utility, motor carrier, or railroad involved. The counselor may give notice of the hearings to all municipalities, corporations, or organizations and persons that are parties to the proceedings, suit, or action other than the utility, motor carrier, or railroad.

As added by P.L.1-1990, SEC.95.
Ind. Code § 8-1-2-45 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-45
Rate schedules; changes in form
Status: in_force

Sec. 45. The commission may prescribe such changes in the form in which the schedules are issued by any public utility as may be found to be expedient.

Formerly: Acts 1913, c.76, s.48.
Ind. Code § 8-23-6-2 — Indiana Code / Title 8 / Article 23 / Chapter 6 / Section 8-23-6-2
Construction of outside drainage facilities and sidewalks
Status: in_force

Sec. 2. If the construction of a street necessitates the construction of adequate connecting facilities outside the limits of the street to provide for drainage of the street, the necessary mains, laterals, and connections shall be provided for in the plans, included as part of the construction cost, and paid out of the department's appropriation. However, if the drainage facilities outside the street are to be used for a purpose or purposes in addition to that of draining the street, a proportionate share of the cost of construction shall be paid by the beneficiaries of the drainage other than the department in a ratio of the amount of waste water attributable to the other users as compared with the total capacity of the drainage facilities. The department shall determine the ratio. The department need not proceed with construction until the time that an agreement with the municipality has been effected concerning the payment of costs for drainage use other than that which is required for state highway drainage. If the construction of a street in the state highway system within the boundaries of a city or town necessitates the construction of a bridge, overhead or subway structure, and sidewalks are required as a part of the structure, the sidewalks shall be provided for in the plans, included as part of the construction cost, and paid out of the department's funds.

As added by P.L.18-1990, SEC.215.
Ind. Code § 8-23-5-1 — Indiana Code / Title 8 / Article 23 / Chapter 5 / Section 8-23-5-1
Encroachment on state highways; removal, prevention, and termination; notice; entry; costs; exceptions
Status: in_force

Sec. 1. (a) The department may remove, prevent, or terminate an encroachment onto a state highway, right-of-way, or other department property, including drainage onto the highway, right-of-way, or other property.

(b) If the department determines that an encroachment exists, the department shall give notice by certified mail to the owner and the occupant of the property from which the encroachment has occurred and by posting a copy of the notice in a conspicuous place on the property. The notice must specify the encroachment and the period of time within which the encroachment must be removed, terminated, or prevented. The period of time specified in the notice may not be less than thirty (30) days.

(c) If the encroachment has not been removed, terminated, or prevented within the period of time specified in the notice under subsection (b), the department may enter the property from which the encroachment has occurred and take whatever action the department considers necessary to remove, terminate, or prevent the encroachment.

(d) The cost of the department's removal, termination, or prevention of an encroachment under subsection (c) shall be paid by the owner of the property from which the encroachment has occurred. The department shall bill the owner for the cost. If the bill remains unpaid for a period of thirty (30) days, the department shall file the bill with the clerk of the circuit court of the county in which the property is located. The clerk shall immediately enter the bill on the judgment docket against the owner of the property, and the bill is a lien against the property. The lien may be foreclosed in the same manner as other judgment liens, without relief from valuation or appraisement laws or right of redemption.

(e) Where an awning, canopy, marquee, advertising sign, or similar encroachment extending over a highway right-of-way was in place on August 12, 1963, and is supported entirely from outside the highway right-of-way, the encroachment may remain if the department determines that the encroachment will not impair the highway or interfere with the free and safe flow of traffic on the highway.

As added by P.L.18-1990, SEC.214.
Ind. Code § 8-1-28-19 — Indiana Code / Title 8 / Article 1 / Chapter 28 / Section 8-1-28-19
Voluntary nature of chapter procedure
Status: in_force

Sec. 19. (a) Use of the procedure in this chapter is voluntary to a public utility. The failure of a public utility to use the approval provisions of this chapter may not create a presumption of imprudence or nonrecovery in rates for environmental compliance plan costs.

(b) This chapter does not require a public utility to utilize this chapter to recover a cost or expense otherwise recoverable in the public utility's rates. A higher standard for the recovery of such costs or for determining the appropriateness of an environmental compliance plan may not be imposed because of a public utility's election not to use the provisions of this chapter.

(c) An order of the commission approving an environmental compliance plan under this chapter may not limit or define the measures that may be proposed in a compliance plan submitted by another public utility or approved by the commission.

As added by P.L.76-1991, SEC.2.
Ind. Code § 8-2-4-1 — Indiana Code / Title 8 / Article 2 / Chapter 4 / Section 8-2-4-1
Leaving scene of accident
Status: in_force

Sec. 1. When any person shall have come to his death by violence or casualty caused by a collision with a train, car or other conveyance of any common carrier, it shall be lawful for such train, car or conveyance to proceed on its journey before the arrival of the coroner and the holding of an inquest, if the body of such person be left in charge of a member of the crew of such train, car or other conveyance, or of some other agent of such common carrier.

Formerly: Acts 1939, c.29, s.1.
Ind. Code § 8-14.5-3-5 — Indiana Code / Title 8 / Article 14.5 / Chapter 3 / Section 8-14.5-3-5
Transfer of property rights
Status: in_force

Sec. 5. The authority may sell, transfer, lease, or otherwise convey any land, rights-of-way, property, rights, easements, or legal or equitable interest it considers necessary or convenient for carrying out the provisions of this article, including disposal of unused or surplus property.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-4-1-9 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-9
Stock subscriptions; demands for payment
Status: in_force

Sec. 9. It shall be lawful for the directors to call in and demand from the stockholders, respectively, any sums of money by them subscribed, in such payments or instalments as the directors shall deem proper, under the penalty of forfeiting the shares of stock subscribed for and all previous payments made thereon if payment shall not be made by the stockholders within thirty (30) days after personal demand, or notice, requiring such payment, shall have been made in each county through which such road shall be laid out in which a newspaper shall be published: Provided, That subscriptions shall not be required to be paid except in equal instalments of not more than ten (10) per cent a month.

Formerly: Acts 1852, 1RS, c.83, s.8.
Ind. Code § 8-21-10-12 — Indiana Code / Title 8 / Article 21 / Chapter 10 / Section 8-21-10-12
Actions to prevent, restrain, correct, or abate violations
Status: in_force

Sec. 12. In addition to any other remedy provided by law, the department may institute in any court of general jurisdiction, an action to prevent, restrain, correct, or abate any violation of this chapter or of any rules or orders the department issued or ordered under this chapter. The court may grant such relief, by way of injunction, which may be mandatory, or otherwise, as may be necessary under this chapter and the applicable rules or orders of the department issued under this chapter.

As added by P.L.117-1983, SEC.1.
Ind. Code § 8-1-3-9 — Indiana Code / Title 8 / Article 1 / Chapter 3 / Section 8-1-3-9
Opposing affidavits; time to file
Status: in_force

Sec. 9. Upon the filing of any petition provided for in this chapter, all parties of record on appeal shall have ten (10) days, or such other time as provided by the court of appeals or supreme court, in which to file opposing affidavits.

Formerly: Acts 1957, c.189, s.9. As amended by P.L.59-1984, SEC.49.
Ind. Code § 8-1-2.6-15 — Indiana Code / Title 8 / Article 1 / Chapter 2.6 / Section 8-1-2.6-15
Statutory conflicts
Status: in_force

Sec. 15. If there is a conflict between this chapter and another provision of this article, this chapter controls.

As added by P.L.27-2006, SEC.26. Amended by P.L.256-2013, SEC.11.
Ind. Code § 8-14.5-3-12 — Indiana Code / Title 8 / Article 14.5 / Chapter 3 / Section 8-14.5-3-12
Appropriation; relocation of appropriated facilities
Status: in_force

Sec. 12. (a) Except as provided in subsection (b), the authority may, in the manner provided by IC 8-23-7, acquire by appropriation any land, rights-of-way, property, rights, easements, or other legal or equitable interests necessary or convenient for the construction or the efficient operation of any project. However, compensation for the property taken shall first be made in money as provided by law.

(b) The authority may take or disturb property or facilities that:

(1) belong to any public utility or to a common carrier engaged in interstate commerce;

(2) are required for the proper and convenient operation of the public utility or common carrier; and

(3) are not located within the limits of existing transportation systems or projects being constructed under this article;

only if provision is made for the restoration, relocation, or duplication of the property or facilities elsewhere at the cost of the authority.

As added by P.L.68-1988, SEC.12. Amended by P.L.18-1990, SEC.126.
Ind. Code § 8-4-20-3 — Indiana Code / Title 8 / Article 4 / Chapter 20 / Section 8-4-20-3
Operation upon tracks of another company; tort liability
Status: in_force

Sec. 3. Every railroad company that shall run and operate its locomotives and trains upon the track and road of another railroad company shall be liable to third persons for all damages occasioned by such locomotives and trains, in the same manner and to the same extent as though the track and road upon which such locomotives and trains were run and operated belonged to the company owning and operating the same.

Formerly: Acts 1873, c.77, s.3.
Ind. Code § 8-1-2.3-4 — Indiana Code / Title 8 / Article 1 / Chapter 2.3 / Section 8-1-2.3-4
Service area rights
Status: in_force

Sec. 4. Service Area Rights. (a) As long as an electricity supplier continues to provide adequate retail service, it shall have the sole right to furnish retail electric service to each present and future consumer within the boundaries of its assigned service area and no other electricity supplier shall render or extend retail electric service within its assigned service area unless the electricity supplier with the sole right consents thereto in writing and the commission approves. This subsection does not prevent the commission from exercising its authority under IC 8-1-2-69.

(b) If an electricity supplier unlawfully renders or extends retail electric service within the assigned service area of another electricity supplier, the electricity supplier which has the sole right to furnish retail electric service in that assigned service area may bring an action in the circuit or superior court of the county where such assigned service area is located to enjoin the other electricity supplier from rendering or extending such unlawful retail electric service.

If a violation is proved, the violator shall pay to the aggrieved electricity supplier the gross revenues derived by the violator from the sale of electric service within the assigned service area of the aggrieved electricity supplier, all witness fees, court costs and reasonable attorneys' fees incurred in any litigation brought to enforce this section. Payment of damages, fees and costs does not entitle a violator to furnish retail electric service in such assigned service area. All such actions or proceedings must be brought within three (3) years after the violation occurs.

As added by Acts 1980, P.L.69, SEC.1.
Ind. Code § 8-1.5-2-14 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-14
Costs of construction or acquisition; security for payment
Status: in_force

Sec. 14. A municipality that constructs or acquires a utility may, through its municipal legislative body, provide for and secure the payment of the cost of constructing, acquiring, extending, or improving the utility by assigning or otherwise pledging the property acquired, together with the net earnings or profits derived or to be derived from the operation of the utility or utilities. Contracts, warrants, debentures, or pledges of future revenues entered into by a municipally owned utility are not an indebtedness of the municipality within the meaning of any constitutional debt limitation.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-16-2-23 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-23
Appropriations and authorizations
Status: in_force

Sec. 23. No appropriation of money or authorization of any bonds contemplated in this chapter by the county council shall be required.

Formerly: Acts 1927, c.10, s.23. As amended by P.L.66-1984, SEC.63.
Ind. Code § 8-1-2-46 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-46
Classification of service; commission may allow water or wastewater utility to establish customer assistance program
Status: in_force

Sec. 46. (a) The commission shall provide for a comprehensive classification of such service for each public utility and such classification may take into account the quantity used, the time when used, the purpose for which used and other reasonable consideration. Each public utility is required to conform its schedules of rates, tolls, and charges to such classification.

(b) As used in this section, "water or wastewater utility" means:

(1) a public utility, as defined in section 1(a) of this chapter;

(2) a municipally owned utility, as defined in section 1(h) of this chapter; or

(3) a not-for-profit utility, as defined in section 125(a) of this chapter;

that provides water or wastewater service to the public.

(c) Upon request by a water or wastewater utility in a general rate case, the commission may allow, but may not require, a water or wastewater utility to establish a customer assistance program that:

(1) uses state or federal infrastructure funds; or

(2) provides financial relief to residential customers who qualify for income related assistance.

A customer assistance program established under this subsection that affects rates and charges for service is not discriminatory for purposes of this chapter or any other law regulating rates and charges for service. In considering whether to approve a water or wastewater utility's proposed customer assistance program, the commission shall determine that a customer assistance program established under this subsection furthers the interests set forth in section 0.5 of this chapter and is in the public interest.

(d) The commission shall adopt rules under IC 4-22-2 to implement this section.

Formerly: Acts 1913, c.76, s.49. As amended by P.L.91-2017, SEC.4; P.L.233-2017, SEC.9.
Ind. Code § 8-25-5-12 — Indiana Code / Title 8 / Article 25 / Chapter 5 / Section 8-25-5-12
Exemption from securities registration laws
Status: in_force

Sec. 12. Bonds issued by the county under this chapter are exempt from registration and other requirements of IC 23 and any other securities registration laws.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-14-15.1-9 — Indiana Code / Title 8 / Article 14 / Chapter 15.1 / Section 8-14-15.1-9
Next level Indiana fund investment board is trustee of the trust
Status: in_force

Sec. 9. The board established by section 7 of this chapter shall act as trustee of the trust.

As added by P.L.217-2017, SEC.69.
Ind. Code § 8-1-8.7-3 — Indiana Code / Title 8 / Article 1 / Chapter 8.7 / Section 8-1-8.7-3
Certificate of public convenience and necessity; use of clean coal technology
Status: in_force

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 and necessity will be served by the use of clean coal technology.

(b) The commission shall issue a certificate of public convenience and necessity under subsection (a) if the commission finds that a clean coal technology project offers substantial potential of reducing sulfur or nitrogen based pollutants in a more efficient manner than conventional technologies in general use as of January 1, 1989. For purposes of this chapter, a project that the United States Department of Energy has selected for funding under its Innovative Clean Coal Technology program and is finally approved for funding after December 31, 1988, is not considered a conventional technology in general use as of January 1, 1989. When determining whether to grant a certificate under this section, the commission shall examine the following factors:

(1) The costs for constructing, implementing, and using clean coal technology compared to the costs for conventional emission reduction facilities.

(2) Whether a clean coal technology project will also extend the useful life of an existing electric generating facility and the value of that extension.

(3) The potential reduction of sulfur and nitrogen based pollutants achieved by the proposed clean coal technology system.

(4) The reduction of sulfur nitrogen based pollutants that can be achieved by conventional pollution control equipment.

(5) Federal sulfur and nitrogen based pollutant emission standards.

(6) The likelihood of success of the proposed project.

(7) The cost and feasibility of the retirement of an existing electric generating facility.

(8) The dispatching priority for the facility utilizing clean coal technology, considering direct fuel costs, revenues and expenses of the utility, and environmental factors associated with byproducts resulting from the utilization of the clean coal technology.

(9) Any other factors the commission considers relevant, including whether the construction, implementation, and use of clean coal technology is in the public's interest.

(c) A public utility is not required to obtain a certificate under this chapter for a clean coal technology project that constitutes a research and development project that may be expensed under IC 8-1-2-6.1.

As added by P.L.105-1989, SEC.4.
Ind. Code § 8-4-4-1 — Indiana Code / Title 8 / Article 4 / Chapter 4 / Section 8-4-4-1
Term of office; termination at election
Status: in_force

Sec. 1. It shall be lawful for the board of directors of any railway company whose road passes through this state into adjoining states, by lot or otherwise, to so classify the members thereof, that one-fourth (1/4) (as near as may be) shall terminate their official terms as directors at the first annual election thereafter, and one-fourth (1/4) at each subsequent election; and after being thus classified, the stock and bondholders shall elect only the number of the board of directors necessary to fill the vacancies created by the expiration of the period of services fixed as aforesaid.

Formerly: Acts 1869(ss), c.50, s.1.
Ind. Code § 8-22-3-3.9 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-3.9
Members of board; same political party
Status: in_force

Sec. 3.9. The requirements in sections 4 and 4.3 of this chapter that an eligible entity may not appoint more than a certain number of members of a board of the same political party do not apply to:

(1) an eligible entity with a population of less than thirty-eight thousand (38,000); and

(2) a county having a population of more than three hundred thousand (300,000) and less than three hundred fifty thousand (350,000).

As added by P.L.18-2025, SEC.2. Amended by P.L.238-2025, SEC.13.
Ind. Code § 8-3-1-20.5 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-20.5
Personally identifying information of railroad crew members; confidentiality; unredacted report access
Status: in_force

Sec. 20.5. (a) As used in this section, "personally identifying information" means the following information that identifies an individual:

(1) Name.

(2) Driver's license number.

(3) Address (other than the ZIP code).

(4) Date of birth.

(5) Electronic mail address.

(6) Telephone number.

The term does not include information about vehicular accidents, driving or equipment related violations, and driver's license or registration status.

(b) Personally identifying information of railroad crew members must be redacted from any public report involving a railroad fatality.

(c) Any law enforcement agency or other person who possesses a report involving a railroad fatality shall maintain the report in a manner that ensures the confidentiality of the railroad crew's personally identifying information.

(d) An unredacted copy of a report involving a railroad fatality must be accessible at all reasonable times:

(1) to the host or employing railroad;

(2) by a court order;

(3) to a person specifically authorized by a court order to obtain the information if access to the information is necessary in the performance of the duties of the person; and

(4) to:

(A) law enforcement officers;

(B) the attorney general;

(C) the attorney general's deputies and assistants;

(D) the department; and

(E) the department's staff;

if access to the information is necessary in the performance of the duties of a person described in clauses (A) through (E).

As added by P.L.158-2026, SEC.4.
Ind. Code § 8-17-5-11 — Indiana Code / Title 8 / Article 17 / Chapter 5 / Section 8-17-5-11
Repealed
Status: repealed

Formerly: Acts 1963, c.131, s.11; Acts 1971, P.L.104, SEC.3. Repealed by Acts 1981, P.L.41, SEC.72(b).
Ind. Code § 8-1-9-4 — Indiana Code / Title 8 / Article 1 / Chapter 9 / Section 8-1-9-4
New location; right to operate
Status: in_force

Sec. 4. In the case of any such relocation of facilities, the utility owning or operating the same, its successors, or assigns, may maintain and operate such facilities, with the necessary appurtenances in the new location or new locations, for as long a period, and upon the same terms and conditions, as it had the right to maintain and operate such facilities in their former location or locations.

Formerly: Acts 1961, c.112, s.4.
Ind. Code § 8-23-7-10 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-10
Publication of information concerning purchased property
Status: in_force

Sec. 10. Whenever the department purchases real property by agreement with the owner of the real property as to purchase price, the department shall, in accordance with IC 5-3-1-2(i), publish a list of the following:

(1) The owners from whom the property was purchased.

(2) The number of acres in each property purchased.

(3) The purchase price of each property.

As added by P.L.18-1990, SEC.216. Amended by P.L.64-1995, SEC.9.
Ind. Code § 8-14-10-6 — Indiana Code / Title 8 / Article 14 / Chapter 10 / Section 8-14-10-6
Administration of fund
Status: in_force

Sec. 6. The fund shall be administered by the department. The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.

As added by P.L.68-1988, SEC.11.
Ind. Code § 8-14.5-3-11 — Indiana Code / Title 8 / Article 14.5 / Chapter 3 / Section 8-14.5-3-11
Transfer of projects to authority
Status: in_force

Sec. 11. The authority may accept the transfer of any project or transportation system to the authority.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-23-9-50 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-50
Use of prison labor in preparation and manufacturing of road materials
Status: in_force

Sec. 50. The department, with the approval of the governor, may enter into an agreement with the authorities of any of the penal institutions of the state, county, or city for the use of prison labor in the preparation and manufacturing of road materials.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-2.1-19.1-6 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.1 / Section 8-2.1-19.1-6
Drug and alcohol policy
Status: in_force

Sec. 6. (a) A TNC shall establish and enforce a zero tolerance policy for drug and alcohol use by TNC drivers during any period when a TNC driver is engaged in, or is logged into the TNC's digital network but is not engaged in, a prearranged ride. The policy must include provisions for:

(1) investigations of alleged policy violations; and

(2) suspensions of TNC drivers under investigation.

(b) A TNC shall publish on the TNC's digital network:

(1) the policy established under subsection (a); and

(2) the procedure by which a TNC rider may report a violation of the policy by a TNC driver.

As added by P.L.175-2015, SEC.10.
Ind. Code § 8-22-2-6 — Indiana Code / Title 8 / Article 22 / Chapter 2 / Section 8-22-2-6
Contract procedures; emergencies
Status: in_force

Sec. 6. For all contracts for improvements and purchases, other than those for professional services and those for the acquisition of land, structures, easements, and rights-of-way, IC 5-22, IC 36-1-9.5, and IC 36-1-12 apply. In case of an emergency being declared by the board, the board may purchase necessary materials under IC 5-22-10 without advertising for bids.

[Pre-Local Government Recodification Citation: 19-6-1-7.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.130-1987, SEC.2; P.L.85-1991, SEC.1; P.L.49-1997, SEC.35; P.L.139-2011, SEC.2.
Ind. Code § 8-6-7.7-3.4 — Indiana Code / Title 8 / Article 6 / Chapter 7.7 / Section 8-6-7.7-3.4
Order approving petition to open crossing
Status: in_force

Sec. 3.4. If the Indiana department of transportation, upon receiving a petition to open a crossing, finds:

(1) that the proposed crossing meets the criteria required to open a new grade crossing adopted by the department under section 3.1 of this chapter; or

(2) that a compelling reason has been shown for the crossing to exist;

the department shall issue an order approving the petition.

As added by P.L.81-1996, SEC.9.
Ind. Code § 8-2.1-26-3 — Indiana Code / Title 8 / Article 2.1 / Chapter 26 / Section 8-2.1-26-3
"Motor carrier transportation contract"
Status: in_force

Sec. 3. As used in this chapter, "motor carrier transportation contract" means a contract, an agreement, or an understanding covering:

(1) the transportation of property for compensation or hire by a motor carrier as defined under this article or by 49 U.S.C. 13102(14);

(2) the entrance on real property by a motor carrier to:

(A) load;

(B) unload; or

(C) transport property for compensation or hire; or

(3) a service incidental to an activity described in subdivision (1) or (2), including storage of property.

As added by P.L.31-2006, SEC.1. Amended by P.L.7-2015, SEC.20.
Ind. Code § 8-3-17-1 — Indiana Code / Title 8 / Article 3 / Chapter 17 / Section 8-3-17-1
Appointment, qualifications, and terms
Status: in_force

Sec. 1. Upon the application in writing of a company owning, leasing, using, or operating a railroad in Indiana accompanied by the statements of three (3) reputable Indiana citizens testifying to the moral character of the applicant, the Indiana department of transportation shall appoint and commission persons the company designates and the department finds to be suitable and qualified persons, to act as policemen for the company, upon the premises of the company, or elsewhere within Indiana, when engaged in the discharge of their duties as policemen for that company. Every policeman appointed shall be known as a railroad policeman and shall be a person of good moral character. The policeman shall be commissioned so long as the policeman is employed by the company on whose application the policeman was appointed, unless the policeman's commission is sooner revoked by the Indiana department of transportation for good cause shown, or by the company on whose application the railroad policeman was appointed, as provided in section 8 of this chapter.

Formerly: Acts 1927, c.18, s.1; Acts 1975, P.L.80, SEC.1. As amended by P.L.384-1987(ss), SEC.42; P.L.18-1990, SEC.50.
Ind. Code § 8-6-7.6-3 — Indiana Code / Title 8 / Article 6 / Chapter 7.6 / Section 8-6-7.6-3
Unobstructed views at grade crossings
Status: in_force

Sec. 3. (a) A railroad shall provide and maintain within the railroad's right-of-way an unobstructed view in each quadrant of a public rail-highway grade crossing that is under the control of the railroad to the following specifications:

(1) From the centerline of the highway, street, or road:

(A) forty-two (42) inches above the highway, street, or road; and

(B) twenty (20) feet from the field side of the nearest rail or, if the railroad's right-of-way is less than twenty (20) feet from the field side of the nearest rail, to the limit of the railroad's right-of-way.

(2) From the centerline of the track:

(A) forty-two (42) inches above the track; and

(B) to the appropriate distance determined under section 4 of this chapter.

If the public rail-highway grade crossing includes multiple tracks, the measurements are taken at a ninety (90) degree angle from the top of the field side of the rail nearest the highway, street, or road.

(b) This chapter does not require a railroad to enter onto property not owned by the railroad to meet the requirements under this chapter.

(c) This section replaces any common law duties imposed on a railroad with respect to sight distances, including methods to verify sight distances.

As added by P.L.198-2016, SEC.68.
Ind. Code § 8-2.1-28-3 — Indiana Code / Title 8 / Article 2.1 / Chapter 28 / Section 8-2.1-28-3
Contracting
Status: in_force

Sec. 3. The department may enter into any contracts and agreements necessary to carry out this chapter.

As added by P.L.218-2017, SEC.60.
Ind. Code § 8-1-26.5-9 — Indiana Code / Title 8 / Article 1 / Chapter 26.5 / Section 8-1-26.5-9
Enforcement by the attorney general
Status: in_force

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;

the commission or the pipeline safety division may refer the name of the contractor to the attorney general to collect a civil penalty of not more than ten thousand dollars ($10,000) as provided for under IC 23-0.5-5-2(f).

As added by P.L.93-2018, SEC.1.
Ind. Code § 8-23-7-12 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-12
Vouchers for payment; certification; payment
Status: in_force

Sec. 12. If condemnation proceedings have been instituted concerning real property, the department shall certify to the state comptroller that the voucher submitted is for escrow and is to be paid to the clerk of the circuit court. The voucher shall be in the amount determined and filed with the clerk of the circuit court. The payment shall be for the use and benefit of the owner of the property sought to be purchased.

As added by P.L.18-1990, SEC.216. Amended by P.L.9-2024, SEC.304.
Ind. Code § 8-22-3.7-24 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-24
Financing powers as public purpose
Status: in_force

Sec. 24. This provision of alternative financing power to eligible entities, development authorities, and authorities in order to finance airport projects is a public purpose.

As added by P.L.108-1993, SEC.11.
Ind. Code § 8-4-7-4 — Indiana Code / Title 8 / Article 4 / Chapter 7 / Section 8-4-7-4
Directors; numbers; acquisition of property
Status: in_force

Sec. 4. The board of directors of any such union company shall consist of not less than one (1) representative for each of the proprietary companies to be selected by the respective companies which they are to represent: Provided, That the board may increase the number of directors by fixing the additional equal number of representatives to be selected for each proprietary company, and any successor in interest to one or more original proprietary companies shall be entitled to select the number of representatives so provided for each such company. And such board of directors shall have power to construct, maintain and operate such union railroad, to regulate the use of its depots, stations, structures, appliances and facilities, and to regulate the time and manner in which engines, cars and other rolling stock shall pass or be hauled over its tracks, and the tolls, charges or compensation to be paid therefor.

Formerly: Acts 1885, c.20, s.4; Acts 1959, c.28, s.1.
Ind. Code § 8-18-21-2 — Indiana Code / Title 8 / Article 18 / Chapter 21 / Section 8-18-21-2
Preliminary expenses; payment; charge against bonds
Status: in_force

Sec. 2. All necessary preliminary expenses that must be paid by the board of directors of a toll road authority before the issuance and delivery of bonds or the negotiation of a loan under this chapter, including expenses incurred in:

(1) making surveys;

(2) estimating costs and receipts;

(3) employing engineers or other employees;

(4) giving notices; and

(5) taking options;

may be paid out of money provided by the county and county seat, or either of them, from money on hand or derived from taxes levied for that purpose. The fund or funds from which the payments are made shall be fully reimbursed by the board out of the first proceeds of the sale of bonds or the loan negotiated by the authority before any other disbursements are made from those proceeds. The amount advanced to pay preliminary expenses under this section is a first charge against the proceeds resulting from the sale of the bonds or the negotiation of the loan until that amount has been repaid.

As added by P.L.386-1987(ss), SEC.21.
Ind. Code § 8-1-23-4 — Indiana Code / Title 8 / Article 1 / Chapter 23 / Section 8-1-23-4
"Person"
Status: in_force

Sec. 4. The word person as used in this chapter shall include a public utility, partnership, limited liability company, firm, association, or corporation.

Formerly: Acts 1947, c.151, s.4. As amended by P.L.8-1993, SEC.129; P.L.136-2018, SEC.77.
Ind. Code § 8-1-17.5-21 — Indiana Code / Title 8 / Article 1 / Chapter 17.5 / Section 8-1-17.5-21
Issuing of obligations; right to make covenants and agreements
Status: in_force

Sec. 21. In connection with the issuance of any obligations, a surviving corporation or successor corporation formed under this chapter may make any covenants or agreements and do any acts and things that may be necessary, convenient, or desirable in order to secure the surviving corporation's or successor corporation's obligations or which, in the absolute discretion of the board, tend to make the obligations more marketable, notwithstanding that the covenants, agreements, acts, or things may constitute a limitation on the exercise of the powers granted by this chapter.

As added by P.L.18-2010, SEC.1.
Ind. Code § 8-1.5-4-3 — Indiana Code / Title 8 / Article 1.5 / Chapter 4 / Section 8-1.5-4-3
Special taxing district
Status: in_force

Sec. 3. The department of waterworks has jurisdiction over a special taxing district (referred to as "the waterworks district" in this chapter) that consists of:

(1) in the case of a second class city located in a county having a population of more than one hundred eighty thousand (180,000) and less than one hundred eighty-five thousand (185,000), all the territory within that county; or

(2) in the case of any other municipality, all the territory within the corporate boundaries of the municipality, or the territory served by the waterworks if larger or smaller than the corporate boundaries.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.12-1992, SEC.59; P.L.170-2002, SEC.60; P.L.119-2012, SEC.84; P.L.104-2022, SEC.60.
Ind. Code § 8-1-2-12 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-12
Books, accounts, papers, and records
Status: in_force

Sec. 12. The commission shall prescribe the forms of all books, accounts, papers and records required to be kept, and every public utility is required to keep and render its books, accounts, papers and records accurately and faithfully in the manner and form prescribed by the commission and to comply with all directions of the commission relating to such books, accounts, papers and records.

Formerly: Acts 1913, c.76, s.15.
Ind. Code § 8-4-14-8 — Indiana Code / Title 8 / Article 4 / Chapter 14 / Section 8-4-14-8
Savings provisions
Status: repealed

Sec. 8. No rights, privileges, or immunities vested or accrued by or under Acts 1865, c.20, as amended, which was repealed by Acts 1945, c.202, s.8, shall be impaired or eliminated by reason of such repeal, nor shall such repeal affect any suits pending, rights of action conferred, or duties, restrictions, liabilities, or penalties imposed or required by or under Acts 1865, c.20, as amended, upon or of any corporation created or subject to Acts 1865, c.20, as amended, before March 6, 1945, it being understood that with respect to any corporation formed before March 6, 1945, the rights, powers, or duties given or imposed by Acts 1865, c.20, as amended, which was repealed by Acts 1945, c.202, s.8, may be exercised or enforced after March 6, 1945, as though such repeal had not been enacted, whether or not such right, power, or duty has before March 6, 1945, been exercised or imposed upon such corporation.

Formerly: Acts 1945, c.202, s.9. As amended by P.L.62-1984, SEC.70.
Ind. Code § 8-1-8.8-4 — Indiana Code / Title 8 / Article 1 / Chapter 8.8 / Section 8-1-8.8-4
"Coal gasification facility"
Status: in_force

Sec. 4. As used in this chapter, "coal gasification facility" means a facility in Indiana that uses a manufacturing process that converts coal into a clean gas that can be used:

(1) as a fuel to generate energy; or

(2) as substitute natural gas.

As added by P.L.159-2002, SEC.6. Amended by P.L.175-2007, SEC.14; P.L.150-2011, SEC.4.
Ind. Code § 8-20-1-24 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-24
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.32; Acts 1911, c.90, s.1. As amended by P.L.86-1988, SEC.178. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-22-3.5-8 — Indiana Code / Title 8 / Article 22 / Chapter 3.5 / Section 8-22-3.5-8
Special taxing district
Status: in_force

Sec. 8. The airport development zone created by the commission under this chapter is a special taxing district authorized by the general assembly to enable the eligible entity to provide special benefits to taxpayers in the airport development zone by promoting economic development that is of public use and benefit.

As added by P.L.86-1991, SEC.1. Amended by P.L.108-1993, SEC.7; P.L.115-1995, SEC.8.
Ind. Code § 8-1-31.7-8 — Indiana Code / Title 8 / Article 1 / Chapter 31.7 / Section 8-1-31.7-8
"Service enhancement improvement costs"
Status: in_force

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, extensions and replacements, to the extent that the extensions and replacements are not provided for through depreciation, in the manner provided for in IC 8-1.5-3-8 or IC 8-1-2-125.

(3) For a municipally owned utility or a not-for-profit utility, debt service on funds borrowed to pay for the eligible addition.

(4) Property taxes to be paid by the eligible utility based upon the first assessment date following the placement in service of the eligible addition.

(5) Pretax return for a public utility.

(b) The term does not include fines or penalties assessed against or imposed on an eligible utility for violating laws, regulations, or consent decrees related to a requirement.

As added by P.L.137-2020, SEC.15.
Ind. Code § 8-1.5-3-12 — Indiana Code / Title 8 / Article 1.5 / Chapter 3 / Section 8-1.5-3-12
Loan from utility to municipality; loan requirements; limitation on amount
Status: in_force

Sec. 12. (a) A municipality may, by ordinance of its legislative body, borrow money from a utility owned by the municipality for any of the following purposes:

(1) Current purposes in anticipation of taxes levied and to be collected during the current or following year.

(2) Carrying out an eligible efficiency project (as defined in IC 36-9-41-1.5) within the municipality.

(b) The board may by resolution lend money to the municipality if the utility has on hand:

(1) a surplus of cash exceeding by at least the amount loaned the sum of all amounts required to pay the indebtedness of the utility falling due during the current calendar year and the following year;

(2) the amount necessary to meet current expenses during the year; and

(3) the amount necessary to pay for improvements contemplated to be made during the current calendar year minus the estimated receipts during the calendar year.

(c) A loan made under subsection (a)(1) may not be made for a sum in excess of fifty percent (50%) of the amount estimated to be collected from anticipated taxes.

(d) A loan under this section:

(1) must be evidenced by an obligation of the municipality;

(2) must be signed by the executive;

(3) is due:

(A) on or before thirty (30) days after the last day for the payment of anticipated taxes, in the case of a loan made under subsection (a)(1); and

(B) on a date determined by the board (but not more than six (6) years after the date of the loan), in the case of a loan made under subsection (a)(2); and

(4) may bear interest at any rate as determined by the board, payable at maturity.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.88-2009, SEC.2.
Ind. Code § 8-3-2-5 — Indiana Code / Title 8 / Article 3 / Chapter 2 / Section 8-3-2-5
Freight and coal cars; duty to provide; shipment of livestock and perishable property; preference
Status: in_force

Sec. 5. Every carrier subject to this chapter shall furnish to all parties who apply therefor, as provided in this chapter, suitable cars for the transportation of all kinds of freight in carload lots. If the car equipment of the carrier is not adequate to supply the whole number of cars demanded by applicants for immediate use, then the carrier shall distribute its available equipment between the applicants in proportion to their respective requirements for immediate use, and the distribution shall be made without discrimination between shippers or between competitive and noncompetitive points, subject to the rules of the Indiana department of transportation. Preference shall be given to the shipment of livestock and perishable property, and in all cases where any coal mine or mines are under contract to furnish all or any part of their product to the state for the use of all or any of the buildings or public institutions of the state, the department may, by order, require any carrier serving the mine or mines to supply empty coal cars to the mine or mines for delivery only of coal within Indiana up to one hundred percent (100%) of the cars necessary to fill the daily order contracted by the mine with the state for the use of state buildings or institutions. A carrier serving a coal mine or mines shall comply with the order. Reconsignment of shipments of coal are unlawful unless authorized by the Indiana department of transportation.

Formerly: Acts 1907, c.231, s.5; Acts 1920(2ss), c.15, s.1. As amended by P.L.62-1984, SEC.17; P.L.384-1987(ss), SEC.35; P.L.18-1990, SEC.43.
Ind. Code § 8-1-46.1-9 — Indiana Code / Title 8 / Article 1 / Chapter 46.1 / Section 8-1-46.1-9
"Regulated entity"
Status: in_force

Sec. 9. As used in this chapter, "regulated entity" means a:

(1) commercial facility that discharges wastewater containing fats, oils, or grease into a sewer system;

(2) food establishment (as defined in IC 16-18-2-137); or

(3) mobile retail food establishment (as defined in IC 16-18-2-239.3).

As added by P.L.95-2026, SEC.1.
Ind. Code § 8-2.1-25-8 — Indiana Code / Title 8 / Article 2.1 / Chapter 25 / Section 8-2.1-25-8
Adoption of rules
Status: in_force

Sec. 8. The state police department may adopt rules under IC 4-22-2 to establish a certification program for third party inspection of motor buses.

As added by P.L.94-1998, SEC.2.
Ind. Code § 8-1-2-80 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-80
Stocks, bonds, commercial paper, and evidences of indebtedness; certificate of authority for issuance
Status: in_force

Sec. 80. If the commission shall determine that such proposed issue complies with the provisions of this chapter, such authority shall thereupon be granted, and it shall issue to the public utility a certificate of authority stating:

(a) the amount of such stocks, certificates of stock, bonds, notes, or other evidences of indebtedness, reasonably necessary for the purposes for which they are to be issued and the character of the same; and

(b) the purposes for which they are to be issued and the property or services to be acquired thereby valued in detail.

Such public utility shall not apply the proceeds of such stock, bonds, notes, or other evidences of indebtedness as aforesaid to any purposes not specified in such certificate, nor issue such stock, bonds, notes, or other evidences of indebtedness in greater amounts than specified in such certificate. Nothing contained in this section shall prohibit the commission from giving its consent to the issue of bonds, notes, or other evidences of indebtedness for the reimbursement of moneys actually expended before May 1, 1913, from income for any of the purposes specified in section 78 of this chapter if, in the judgment of the commission, such consent should be granted, provided, application for such consent shall be made prior to January 1, 1915. For the purpose of enabling it to determine whether it should issue such an order, the commission shall make such inquiry or investigation, hold such hearings and examine such witnesses, books, papers, documents, or contracts as it may deem of importance in enabling it to reach a determination. The commission shall have power to impose such conditions upon a public utility in issuing of securities as it may deem reasonable. Such public utilities shall not, without the consent of the commission, apply said issue or any proceeds thereof to any purpose not specified in such order. Provided, however, that the commission shall have no power to authorize the capitalization of any franchise to be a corporation, or to authorize the capitalization of any franchise or the right to own, operate, or enjoy any franchise whatsoever, in excess of the amount (exclusive of any tax or annual charge) actually paid to the state or to any political subdivision thereof as the consideration for the grant of such franchise or right. The capitalization of a corporation formed by the merger or consolidation of two (2) or more corporations shall be subject to the approval of the commission, but in no event shall such capitalization exceed the sum of the corporations so consolidated, at the par value thereof, or such sums and any additional sum actually paid in cash; nor shall any contract for consolidation or lease be capitalized in the stock of any corporation whatever; nor shall any corporation after May 1, 1913, issue any bonds against or as a lien upon any contract for consolidation or merger.

Formerly: Acts 1913, c.76, s.92; Acts 1967, c.64, s.1. As amended by P.L.59-1984, SEC.35.
Ind. Code § 8-1.5-3-4.5 — Indiana Code / Title 8 / Article 1.5 / Chapter 3 / Section 8-1.5-3-4.5
Application of section; bid, proposal, or quotation submitted by trust
Status: in_force

Sec. 4.5. (a) This section applies to the award of a contract under this chapter by acceptance of bids, proposals, or quotations.

(b) A bid, proposal, or quotation submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each:

(1) beneficiary of the trust; and

(2) settlor empowered to revoke or modify the trust.

As added by P.L.336-1989(ss), SEC.19.
Ind. Code § 8-1-34-17 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-17
Issuance of certificate; build-out requirements prohibited; settlement agreements approved before July 29, 2004; use of rights-of-way
Status: in_force

Sec. 17. (a) Not later than fifteen (15) business days after the commission receives an application under section 16 of this chapter, the commission shall determine whether the application is complete and properly verified. If the commission determines that the application is incomplete or is not properly verified, the commission shall notify the applicant of the deficiency and allow the applicant to resubmit the application after correcting the deficiency. If the commission determines that the application is complete and properly verified, the commission shall issue the applicant a certificate of franchise authority. A certificate issued under this section must contain:

(1) a grant of authority to provide the video service requested in the application;

(2) a grant of authority to use and occupy public rights-of-way in the delivery of the video service, subject to:

(A) state and local laws and regulations governing the use and occupancy of public rights-of-way; and

(B) the police powers of local units to enforce local ordinances and regulations governing the use and occupancy of public rights-of-way; and

(3) a statement that the authority granted under subdivisions (1) and (2) is subject to the holder's lawful provision and operation of the video service.

(b) Except as provided in subsection (c) and sections 16(d) and 28 of this chapter, the commission may not require a provider to:

(1) satisfy any build-out requirements;

(2) deploy, or make investments in, any infrastructure, facilities, or equipment; or

(3) pay an application fee, a document fee, a state franchise fee, a service charge, or any fee other than the franchise fee paid to a local unit under section 24 of this chapter;

as a condition of receiving or holding a certificate under this chapter.

(c) This section does not limit the commission's right to enforce any obligation described in subsection (b) that a provider is subject to under the terms of a settlement agreement approved by the commission before July 29, 2004.

(d) The general assembly, a state agency, or a unit may not adopt a law, rule, ordinance, or regulation governing the use and occupancy of public rights-of-way that:

(1) discriminates against any provider, or is unduly burdensome with respect to any provider, based on the particular facilities or technology used by the provider to deliver video service; or

(2) allows a video service system owned or operated by a unit to use or occupy public rights-of-way on terms or conditions more favorable or less burdensome than those that apply to other providers.

A law, a rule, an ordinance, or a regulation that violates this subsection is void.

As added by P.L.27-2006, SEC.58. Amended by P.L.1-2007, SEC.77; P.L.86-2018, SEC.141.
Ind. Code § 8-1-40.5-5 — Indiana Code / Title 8 / Article 1 / Chapter 40.5 / Section 8-1-40.5-5
"Financing party"
Status: in_force

Sec. 5. (a) As used in this chapter, "financing party" means a holder of securitization bonds.

(b) The term includes a trustee, a collateral agent, or any other person acting for the benefit of the holder.

As added by P.L.80-2021, SEC.1.
Ind. Code § 8-4.5-4-1.5 — Indiana Code / Title 8 / Article 4.5 / Chapter 4 / Section 8-4.5-4-1.5
Assistance in acquisition of railroad's interest
Status: in_force

Sec. 1.5. The board shall advise and assist the Indiana department of transportation in matters concerning the acquisition of a railroad's interest in a corridor under this chapter.

As added by P.L.59-2005, SEC.3.
Ind. Code § 8-21-9-13 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-13
Regulations
Status: in_force

Sec. 13. The department may adopt such rules as it may deem advisable for the control and regulation of any airport or airport facility or traffic on any airport or airport facility, for the protection of and preservation of property under its jurisdiction and control, and for the maintenance and preservation of good order within the property under its control. However, such rules must provide that public officers shall be afforded ready access, while in performance of their official duty, to all property under the jurisdiction or control of the department without the payment of tolls.

Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.344; P.L.1-2009, SEC.72.
Ind. Code § 8-1.5-2-8 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-8
Preliminary expenses; appropriation
Status: in_force

Sec. 8. Before a municipal legislative body:

(1) proposes to construct or acquire a utility; and

(2) makes a determination as to public convenience and necessity;

it may appropriate out of its general fund an amount not exceeding five percent (5%) of the total estimated cost of constructing or acquiring the utility, as necessary to pay the expenses of a preliminary investigation, surveys, plans, specifications, and appraisals, including engineering and legal expenses in constructing or acquiring the utility. Any action by the municipal legislative body in making an appropriation is final and not subject to review by the department of local government finance. The municipal legislative body may renew or adjust the appropriation on an annual basis until the construction or acquisition of the utility is complete.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.90-2002, SEC.313; P.L.172-2009, SEC.4.
Ind. Code § 8-4-10-7 — Indiana Code / Title 8 / Article 4 / Chapter 10 / Section 8-4-10-7
Viewers; fee
Status: in_force

Sec. 7. The viewers mentioned in this chapter shall each receive two dollars ($2) per day for their services, to be paid by said petitioners.

Formerly: Acts 1869(ss), c.46, s.7. As amended by P.L.62-1984, SEC.59.
Ind. Code § 8-25-1-4 — Indiana Code / Title 8 / Article 25 / Chapter 1 / Section 8-25-1-4
"Eligible county"
Status: in_force

Sec. 4. "Eligible county" means one (1) or more of the following counties:

(1) Delaware County.

(2) Hamilton County.

(3) Hancock County.

(4) Hendricks County.

(5) Johnson County.

(6) Madison County.

(7) Marion County.

As added by P.L.153-2014, SEC.17. Amended by P.L.247-2017, SEC.27.
Ind. Code § 8-4-7-11 — Indiana Code / Title 8 / Article 4 / Chapter 7 / Section 8-4-7-11
Joint use of facilities and equipment
Status: in_force

Sec. 11. Any such union railway company may, by agreement in writing with any railroad company not being one of said proprietary companies, and owning or operating a railroad which extends to, into, through or near the town or city in or near which such union railroad is or may be situated, admit said last-mentioned railroad company to such use of the tracks, side-tracks, switches, depots, depot grounds, yards, sheds and other structures or railroad facilities and appliances (including the use of its belt railroad and belt railroad facilities, if any) during such time, on such terms and conditions, and for such compensation or rent as may be agreed upon. The right of any associate company to continue in the use and enjoyment of the property and facilities of the union company may be made to depend upon the faithful performance of such terms and conditions by such associate company as may be inserted in said agreement. The companies which may be so admitted are herein designated as associate companies: Provided, That no such associate company shall be admitted to the use of the property and facilities of such union railway company except upon the unanimous vote of the directors of such union company.

Formerly: Acts 1885, c.20, s.11.
Ind. Code § 8-1-7.9-14 — Indiana Code / Title 8 / Article 1 / Chapter 7.9 / Section 8-1-7.9-14
"Project"
Status: in_force

Sec. 14. As used in this chapter, "project" refers to a project relating to energy infrastructure and generation resources that:

(1) are required primarily to serve a large load customer of an energy utility; and

(2) may be designed to serve more than one (1) large load customer of the energy utility or to meet other customer demand or energy needs.

As added by P.L.217-2025, SEC.2.
Ind. Code § 8-1-47-9 — Indiana Code / Title 8 / Article 1 / Chapter 47 / Section 8-1-47-9
Recovery of eligible program costs; required information for electricity supplier's petition for periodic rate adjustment mechanism; use of forecasted data; commission's approval; required findings; limit on increase in total retail revenues
Status: in_force

Sec. 9. (a) An electricity supplier may, but is not required to, petition the commission for approval to recover eligible program costs. An electricity supplier may file a petition with the commission under this section:

(1) as part of a base rate case; or

(2) at any time as part of an independent proceeding in which the electricity supplier petitions the commission to recover eligible program costs on a timely basis through a periodic rate adjustment mechanism.

(b) A petition under subsection (a)(2) for approval of a rate schedule that periodically adjusts the electricity supplier's rates and charges to provide for the timely recovery of eligible program costs must include the following for a twelve (12) month period set forth in the electricity supplier's petition:

(1) A description of any money, services, or property that has been or will be provided at no cost to the electricity supplier by or through any:

(A) governmental agency or program; or

(B) other third party, including voluntary charitable contributions from nonprofit organizations or from employees, customers, or shareholders of the electricity supplier;

in support of the low income customer assistance program, including the actual or estimated amount or value of the money, services, or property described.

(2) A statement of any amounts that have been or will be allocated or contributed to the electricity supplier's low income customer assistance program under section 6 of this chapter.

(3) A breakdown of eligible program costs that have been or will be incurred by the electricity supplier, including the:

(A) amounts; and

(B) purposes;

for which they have been or will be incurred.

A rate schedule proposed by an electricity supplier under this subsection may be based in whole or in part on reasonable cost forecasts over all or any part of the twelve (12) month period on which the electricity supplier's petition is based, subject to the commission's consideration of the electricity supplier's historical forecasting accuracy. If forecasted data is used, the proposed rate schedule must provide for a reconciliation mechanism to correct for any variance between the forecasted eligible program costs and the actual eligible program costs incurred.

(c) Subject to subsection (d), if after reviewing an electricity supplier's petition under subsection (a)(2), the commission determines that:

(1) the electricity supplier has incurred or will incur eligible program costs that are reasonable in amount;

(2) notwithstanding section 10 of this chapter, the effect or the potential effect, in both the long and short term, of the proposed rate schedule on the electric rates of nonparticipating customers or other customer classes of the electricity supplier will be minimal; and

(3) approval of the proposed rate schedule is in the public interest;

the commission shall approve the electricity supplier's proposed rate schedule under subsection (b).

(d) The commission may not approve a rate schedule under subsection (b) that would result in an average aggregate increase in an electricity supplier's total retail revenues of more than two percent (2%) with respect to the twelve (12) month period on which the electricity supplier's proposed rate schedule is based. If an electricity supplier incurs eligible program costs in connection with the electricity supplier's low income customer assistance program that exceed the limit set forth in this subsection, the electricity supplier may seek to recover those eligible program costs in the electricity supplier's next base rate case.

As added by P.L.36-2026, SEC.11.
Ind. Code § 8-18-22-6 — Indiana Code / Title 8 / Article 18 / Chapter 22 / Section 8-18-22-6
Pledge of revenues; covenants not to impair pledged taxes
Status: in_force

Note: This version of section effective until 7-1-2028. See also following version of this section, effective 7-1-2028.

Sec. 6. (a) Except as provided in subsection (b), the county fiscal body may pledge revenues for the payment of principal and interest on the bonds and for other purposes under the ordinance as provided by IC 5-1-14-4, including revenues from the following sources:

(1) The motor vehicle highway account.

(2) The local road and street account.

(3) The county vehicle excise tax.

(4) The county wheel tax.

(5) The local income tax (IC 6-3.6).

(6) Assessments.

(7) Any other unappropriated or unencumbered money.

(b) The county fiscal body may not pledge to levy ad valorem property taxes for these purposes, except for revenues from the following:

(1) IC 8-16-3.

(2) IC 8-16-3.1.

(c) If the county fiscal body has pledged revenues from the local income tax as set forth in subsection (a), the local income tax council (as defined in IC 6-3.6-2-12) may covenant that the council will not repeal or modify the tax in a manner that would adversely affect owners of outstanding bonds issued under this chapter. The local income tax council may make the covenant by adopting an ordinance using procedures described in IC 6-3.6-3.

As added by P.L.113-1989, SEC.9. Amended by P.L.197-2016, SEC.84; P.L.256-2017, SEC.96.
Ind. Code § 8-16-1-13 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-13
Damage to public ways or public works
Status: in_force

Sec. 13. Any public ways or public works damaged or destroyed by reason of the building of such bridges or approaches shall be restored or repaired by the authority and placed in their original condition as near as practicable.

Formerly: Acts 1939, c.79, s.9. As amended by Acts 1980, P.L.74, SEC.269; P.L.109-1983, SEC.40.
Ind. Code § 8-17-1-27 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-27
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.28. As amended by P.L.66-1984, SEC.85; P.L.86-1988, SEC.91. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-23-9.5-13 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-13
"Selection panel"
Status: in_force

Sec. 13. As used in this chapter, "selection panel" means a panel of individuals who are:

(1) employed by the department; and

(2) tasked with interviewing and scoring the three (3) proposals with the highest scores selected by the evaluation committee for a possible contract with the department under this chapter.

As added by P.L.60-2023, SEC.2.
Ind. Code § 8-1-2.7-15.5 — Indiana Code / Title 8 / Article 1 / Chapter 2.7 / Section 8-1-2.7-15.5
Policy review committee for a not-for-profit utility providing water service
Status: in_force

Sec. 15.5. (a) This section applies to a utility that is described in section 1.3(a)(1)(B) of this chapter that has properly withdrawn from commission jurisdiction under this chapter.

(b) As used in this section, "committee" refers to a policy review committee established under this section.

(c) A policy review committee may be established for a utility if the lesser of:

(1) one hundred (100); or

(2) more than fifty percent (50%);

of the utility's customers file, individually or collectively, with the utility's board of directors, a verified petition under subsection (d) to establish the committee.

(d) A petition under this section must provide for the following:

(1) A procedure for establishing districts within the utility's service territory and for electing members, who must be customers of the utility residing within the established districts, to serve as members of the committee.

(2) The terms of the members of the committee.

(3) Procedures by which the committee is authorized to do the following:

(A) Receive complaints from customers of the utility concerning:

(i) rules and policies established by the utility's board of directors;

(ii) the utility's rates and charges;

(iii) utility service quality; or

(iv) other matters concerning the utility's operations, management, or service, as specifically set forth in the petition.

(B) Attempt to negotiate a resolution with the utility's board of directors with respect to a complaint received under clause (A).

(C) Seek mediation to be overseen by the office of the attorney general with respect to complaints that are not resolved through negotiations described in clause (B).

(4) Other matters that the petitioners consider appropriate with respect to the utility's operations, management, or service.

(e) The attorney general may adopt rules under IC 4-22-2 to implement this section.

As added by P.L.233-2017, SEC.10. Amended by P.L.93-2024, SEC.66.
Ind. Code § 8-18-22-8 — Indiana Code / Title 8 / Article 18 / Chapter 22 / Section 8-18-22-8
Execution and attestation of bonds
Status: in_force

Sec. 8. Bonds issued by the county under this chapter must be executed by the manual or facsimile signatures of the executive and attested to by the county auditor.

As added by P.L.113-1989, SEC.9.
Ind. Code § 8-2.1-22-19 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-19
Complaints; fixing of routes or rates
Status: in_force

Sec. 19. (a) Any person or governmental entity may complain in writing to the department that any rate, fare, charge, tariff, classification, rule or practice in effect, or proposed to be put in effect by any carrier or carriers is, or will be, in violation of this chapter. When such a complaint is made, the department shall, after due notice to the carrier or carriers complained of, hear the complaining parties.

(b) If the department is of the opinion that any individual or joint rate, fare, tariff, charge, or classification being made or demanded by any common carrier or carriers subject to this chapter or by any common carriers operating in conjunction with common carriers by railroads or by water is, or will be, unjust and unlawful and unreasonable or unjustly discriminatory, or unduly preferential or unduly prejudicial, it shall determine and prescribe lawful maximum or minimum, and maximum and minimum rates, fares, charges, tariffs, rules, and classifications thereafter to be observed or thereafter to be made effective. The department may, on its own initiative, without complaint, whenever deemed by the department to be necessary and desirable in the public interest, establish through routes, joint classifications, joint rates, fares, charges, tariffs, regulations, or practices for the transportation of passengers or household goods by common carriers by motor vehicle or the carrier by railroad or by water, and may fix the maximum or minimum or the maximum and minimum rates to be charged and the terms and conditions under which the fares and charges shall be applied and the routes to be operated.

(c) The department may, after hearing or on its own initiative, prescribe what the just, reasonable, and equitable division of rates, fares, and charges are to be received and collected by the several carriers and require adjustment to be made between those carriers in accordance therewith. In those cases the department may require adjustment or division between the carriers from the date of filing the complaint or the entry of the order or any other date subsequent thereto as the department finds is just and reasonable, and in case joint rates are fixed by the department, the order as to those divisions may be made effective as of the date on which the investigation was ordered.

As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.15.
Ind. Code § 8-4.5-5-11 — Indiana Code / Title 8 / Article 4.5 / Chapter 5 / Section 8-4.5-5-11
Review and evaluation of applications
Status: in_force

Sec. 11. (a) The board:

(1) shall review each application;

(2) may verify the contents of an application; and

(3) may visit the trail site that is the subject of an application.

(b) The board shall evaluate each complete application on the basis of the following criteria:

(1) Whether the predicted use of the trail justifies the construction and maintenance costs.

(2) Need, in terms of the population to be served and existing trails in the area.

(3) Compatibility with local, areawide, regional, or statewide plans.

(4) The acceptability of the proposed trail to property owners.

(5) The general acceptability of the proposed trail to the community at large.

(6) Benefits of multiple uses and recreational opportunities.

(7) Quality of the site.

(8) Economic benefits to the local area.

(9) Accessibility for persons with disabilities.

(10) Interference with any existing public utility use.

(11) Other criteria set by the board.

(c) The board shall determine the applicants to whom grants will be awarded.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.14.
Ind. Code § 8-18-21-1 — Indiana Code / Title 8 / Article 18 / Chapter 21 / Section 8-18-21-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all toll road authorities established under IC 8-18-20.

As added by P.L.386-1987(ss), SEC.21.
Ind. Code § 8-21-3-13 — Indiana Code / Title 8 / Article 21 / Chapter 3 / Section 8-21-3-13
Certificate of issuance of insurance policy
Status: in_force

Sec. 13. An insurance carrier which has issued an aircraft liability policy or policies meeting the requirements of this chapter shall, upon request of the named insured or additional insured, deliver to such insured or additional insured for filing or at the request of such insured or additional insured shall file direct with the department, an appropriate certificate showing that such policy or policies have been issued, which certificate shall meet the requirements of this chapter. The issuance of a certificate to serve as proof of financial responsibility under this chapter shall be conclusive evidence that every aircraft liability policy therein cited conforms to all the requirements of this chapter.

Formerly: Acts 1951, c.267, s.13. As amended by Acts 1980, P.L.74, SEC.325; P.L.50-2024, SEC.9.
Ind. Code § 8-1-22.5-5 — Indiana Code / Title 8 / Article 1 / Chapter 22.5 / Section 8-1-22.5-5
Waiver of standards
Status: in_force

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 appropriate, issue an order waiving in whole or in part compliance with any standard or standards established under this chapter, if the commission determines that such waiver of compliance with such standard or standards is not inconsistent with pipeline safety. The commission shall state in such order its reasons for any such waiver and shall otherwise comply with the provisions of 49 U.S.C. 60101 et seq. with regard to such waiver.

Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.118-2006, SEC.4.
Ind. Code § 8-21-9-20 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-20
Restricted zones in airports; air pollution restrictions
Status: in_force

Sec. 20. In order to provide free air space for the safe descent, landing and ascent of aircraft and for the proper and safe use of any airport or landing field acquired or maintained under this chapter, the department is hereby given the right, powers and authority to establish and fix by ordinance or ordinances a restricted zone or zones for such distance in any direction from the boundaries of such airport or landing field, within which zone or zones so established, as in the opinion of the department is necessary and practicable, no building or other structure shall be erected high enough to interfere with the descent of an aircraft at such approach angle as may be deemed reasonably necessary for the safety for the type of operation that is, or is anticipated to be, conducted at such landing field; however, the department may by ordinance, establish standards regulating, within said zone or zones, the emission of air pollutants such as, but not limited to, smoke, dust, noxious fumes, glare and electrical radiation which would compromise the safety of aircraft by interfering with visability, operation of electrical equipment or any other condition necessary for safe flight.

Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.351.
Ind. Code § 8-4.5-1-14 — Indiana Code / Title 8 / Article 4.5 / Chapter 1 / Section 8-4.5-1-14
"Property owner"
Status: in_force

Sec. 14. "Property owner" refers to a person that:

(1) owns property adjacent to a recreational trail; and

(2) is not a responsible party.

For purposes of this section, a person that satisfies both subdivisions (1) and (2) is a property owner even if the person owns any part of a fee simple interest in the corridor.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.1.
Ind. Code § 8-16-2-1 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-1
Authority to construct bridges
Status: in_force

Sec. 1. The department is hereby authorized and empowered, in its discretion, to construct a highway bridge over and across any river or other stream forming the boundary-line between the state of Indiana and any state adjoining the state of Indiana, notwithstanding the waters of such rivers or streams may not at all times extend to or reach such boundary-line, whenever such bridge or any part thereof, including the approaches thereto as a part thereof, will be within the state of Indiana and will directly connect any state or interstate highway in existence or to be constructed within the state of Indiana with any interstate or other public highway in existence or to be constructed in such adjoining state, and although such river or stream may be located either partially or wholly within the territorial limits of such adjoining state; and that, in constructing and maintaining any such bridge, including the approaches thereto as a part thereof, and in providing the necessary personal and real property and easements in real property which may be required for the proper, effective and convenient location, construction and operation of any such bridge, the department is hereby authorized and empowered to use and expend so much of the funds provided, or to be provided, by law for its use as may be found by it to be reasonably necessary for such purposes.

Formerly: Acts 1927, c.10, s.1. As amended by Acts 1980, P.L.74, SEC.279.
Ind. Code § 8-23-17-21 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-21
Coordination with government community actions
Status: in_force

Sec. 21. Agencies shall coordinate relocation activities with project work and with other planned or proposed governmental actions in the community or nearby areas that may affect the carrying out of relocation assistance programs.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-23-1.1-8 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-8
"Authority"
Status: in_force

Sec. 8. "Authority" refers to the Indiana finance authority established by IC 5-1.2-3.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-1-28-17 — Indiana Code / Title 8 / Article 1 / Chapter 28 / Section 8-1-28-17
Disapproval or approval of all or part of plan; effect
Status: in_force

Sec. 17. If the commission disapproves all or part of the implementation of the part of the environmental compliance plan under review:

(1) the commission may, consistent with section 9 of this chapter, issue an order withdrawing the commission approval of all or part of the environmental compliance plan; and

(2) the public utility may voluntarily submit a modified environmental compliance plan to the commission for the commission's approval under this chapter.

If the commission issues an order approving all or part of the modified environmental compliance plan, the environmental compliance plan constitutes the public utility's approved environmental compliance plan to the extent of the approval for purposes of this chapter.

As added by P.L.76-1991, SEC.2.
Ind. Code § 8-1-2-46.3 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-46.3
Connection to sewer system not required upon improvement to dwelling if no addition of bedroom and determination that septic tank soil absorption system not failing
Status: in_force

Sec. 46.3. (a) The following definitions apply throughout this section:

(1) "Bedroom" has the meaning set forth in 410 IAC 6-8.3-6.

(2) "Bedroom equivalent" has the meaning set forth in 410 IAC 6-8.3-7.

(3) "Septic tank soil absorption system" has the meaning set forth in IC 13-11-2-199.5.

(b) Subject to the rules provided under IC 13-26-5-2.5 and IC 36-9-23-30.1, if a property owner makes an improvement to the property owner's dwelling, the property owner is not required to upgrade the property's septic tank soil absorption system or to connect to a sewer system, and to discontinue use of a septic tank soil absorption system if:

(1) the improvement does not include the addition of a bedroom or bedroom equivalent; and

(2) the property owner has a written determination as required by section 125(f)(2) of this chapter provided by a qualified inspector (as defined in IC 36-9-23-30.1) that the septic tank soil absorption system is not failing.

As added by P.L.189-2021, SEC.2.
Ind. Code § 8-20-1-48 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-48
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.58. As amended by P.L.66-1984, SEC.123; P.L.86-1988, SEC.199. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-23-6-6 — Indiana Code / Title 8 / Article 23 / Chapter 6 / Section 8-23-6-6
Excavations, obstructions, and utility work; restrictions; violations
Status: in_force

Sec. 6. (a) An opening may not be made in:

(1) a highway in the state highway system;

(2) the right-of-way of a state highway; or

(3) the roadway of a street of a city or town over which a state highway is routed and which the department is required to maintain;

and a structure or obstruction may not be placed in a highway or roadway of a state highway without the consent of the department. A highway or roadway may not be dug up for laying or placing a pipe, sewer, pole, wire, conduit, track, or railway or for any other purpose, and trees may not be removed from the right-of-way of a state highway without the written permit of the department, and then only in accordance with the rules of the department. The work shall be done under the supervision and to the satisfaction of the department, and the entire expense of restoring the highway or street in as good condition as before shall be paid by the person to whom the permit is given.

(b) The department may require, before the granting of a permit, that a sufficient bond be given, or cash deposit made, to insure the restoration of the highway or street. In granting a permit, the department may designate the place in the street, highway, or right-of-way thereof where the pipe, sewer, pole, wire, conduit, track, railway, or other device or thing may be constructed.

(c) A person who violates this section commits a Class C infraction.

As added by P.L.18-1990, SEC.215.
Ind. Code § 8-2.1-19.3-3 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.3 / Section 8-2.1-19.3-3
Motor vehicle insurance requirements; proof of coverage
Status: in_force

Sec. 3. (a) A DNC driver, or a DNC on the DNC driver's behalf, shall maintain primary motor vehicle insurance that meets the following requirements:

(1) The motor vehicle insurance is issued:

(A) by an insurance company that holds a certificate of authority to do insurance business in Indiana under IC 27-1-3-20; or

(B) through a surplus lines producer licensed under IC 27-1-15.8.

(2) The language of the motor vehicle insurance policy:

(A) recognizes that the driver is a DNC driver or otherwise uses the personal vehicle to provide delivery services; and

(B) covers the driver during the delivery available period and the delivery service period.

(3) The motor vehicle insurance must meet the following coverage requirements during the delivery available period:

(A) Primary motor vehicle liability insurance in an amount equal to at least:

(i) fifty thousand dollars ($50,000) per person for death and bodily injury;

(ii) one hundred thousand dollars ($100,000) per incident for death and bodily injury; and

(iii) fifty thousand dollars ($50,000) per incident for property damage.

(B) The insurance required by clause (A) may be provided by any of the following:

(i) Motor vehicle insurance maintained by the DNC driver.

(ii) Motor vehicle insurance maintained by the DNC.

(iii) Motor vehicle insurance maintained by any combination of persons or entities under items (i) and (ii).

(4) The motor vehicle insurance must meet the following coverage during the delivery service period:

(A) Primary motor vehicle liability insurance in an amount equal to at least one million dollars ($1,000,000) per incident for death, bodily injury, and property damage.

(B) The insurance required by clause (A) may be provided by any of the following:

(i) Motor vehicle insurance maintained by the DNC driver.

(ii) Motor vehicle insurance maintained by the DNC.

(iii) Motor vehicle insurance maintained by any combination of persons or entities under items (i) and (ii).

(b) If motor vehicle insurance maintained by a DNC driver as described in subsection (a) lapses or does not provide the required coverage:

(1) motor vehicle insurance maintained by the DNC must provide the required coverage beginning with the first dollar of a claim; and

(2) the insurance company that issues the motor vehicle insurance described in subdivision (1) has a duty to defend the claim described in subdivision (1).

(c) Coverage under motor vehicle insurance maintained by a DNC may not be dependent on a personal motor vehicle insurance company's first denying a claim for coverage under a personal motor vehicle insurance policy, nor may a personal motor vehicle insurance company be required to first deny a claim.

(d) A motor vehicle insurance policy that meets the coverage requirements of subsection (a) satisfies the financial responsibility requirement of IC 9-25 during the delivery available period and delivery service period.

(e) A DNC driver shall do the following:

(1) At all times during which the DNC driver uses a personal vehicle in connection with a DNC's digital network, carry proof of the coverage required by subsection (a).

(2) In the event of an accident, upon request, provide to directly interested parties, motor vehicle insurance companies, and investigating law enforcement officers:

(A) the proof described in subdivision (1); and

(B) a disclosure of whether the DNC driver was operating during the:

(i) delivery available period; or

(ii) delivery service period;

at the time of the accident.

Information provided under this subdivision may be provided in electronic form under IC 27-1-43-3, as applicable.

As added by P.L.215-2023, SEC.10.
Ind. Code § 8-1-37-8 — Indiana Code / Title 8 / Article 1 / Chapter 37 / Section 8-1-37-8
"Program"
Status: in_force

Sec. 8. As used in this chapter, "program" refers to the Indiana voluntary clean energy portfolio standard program established by the commission under section 10 of this chapter.

As added by P.L.150-2011, SEC.16.
Ind. Code § 8-14-8-10 — Indiana Code / Title 8 / Article 14 / Chapter 8 / Section 8-14-8-10
Loan; qualified county or unit eligible to receive distribution from motor vehicle highway account
Status: in_force

Sec. 10. The Indiana department of transportation shall make loans from the distressed road fund:

(1) to any qualified county under the terms of this chapter; or

(2) to any unit eligible to receive a distribution from the motor vehicle highway account (IC 8-14-1) under terms of section 11 of this chapter.

As added by P.L.114-1983, SEC.4. Amended by P.L.18-1990, SEC.119.